Judo bučinys: valdovo išdavystės samprata Lietuvoje (XIII a. pabaiga – XVI a. vidurys)

LTKnygoje analizuojami politinės ir teisinės kultūros reiškiniai, kurie reprezentuoja Lietuvos didžiojo kunigaikščio institucijos galią vėlyvaisiais viduramžiais ir ankstyvaisiais naujaisiais laikais. Valdovo galia atskleidžiama nagrinėjant sunkiausio politinio nusikaltimo – išdavystės sampratą. Knyga aktuali ne tik istorikams, besidomintiems teisėkūra, mirties bausmėmis bei tarpvalstybinės teisės praktikomis, bet ir kiekvienam, norinčiam daugiau sužinoti apie Lietuvos valdžios institucijų raidą XIII a. pabaigoje - XVI a. viduryje. [Anotacija knygoje]Reikšminiai žodžiai: Išdavystė; Nusikaltimas; Valstybė; Didysis kunigaikštis; Teismas; Bausmės; Treason; Crime; State; Grand Duke; Court; Punishments.

EN[...] The chronological boundaries of this research range from the end of the 13th century to the middle of the 16th century. The selection of these limits is related to the issue and depends on several main factors. The first accusations of treason and the first such traitors in Lithuania date to the early 15th century. Despite this, the selection of an earlier chronological boundary in the late 13th century was determined by, on the one hand, the need to explain the separate components of the treason phenomenon and their development, and on the other, the historiographical work on this topic. A majority of scientists who have studied treason in Lithuania in the late Middle Ages-early Modern period identify this crime with fleeing the state. When King Mindaugas was murdered in 1263, a large number of the nobility left Lithuania for various reasons (especially from the Nalšia lands: Duke Daumantas, Šiukšta and others). There is testimony of this process not only in narrative sources but in documents as well. The other chronological boundary is associated with the beginning of the stage characterised by a qualitatively new legal definition for the crime of treason. Norms for treason were not outlined very thoroughly in the First Statute of Lithuania in 1529, only being defined more precisely in the Second Statute of Lithuania in 1566. Norms regarding treason only started to emerge from around the middle of the 16th century (from the late 1530s to the early 1540s), that were later codified in the Second Statute of Lithuania. Until the middle of the 16th century, the institution of the grand duke could still apply norms for treason in a fairly flexible manner, using accusations of treason as political leverage. The boundary of this research also allows making a practical assessment of the changes the First Statute of Lithuania had on legal and political culture (in terms of the crime of treason concept).The first section of the monograph analyses the circumstances behind the emergence of treason in Lithuania, and the legal regulation of this crime. Even a superficial analysis of sources from neighbouring countries revealed trends related to the development of treason in the region. There are separate attempts at the definition of the concept of treason in Poland and the State of the Teutonic Order from the 13th century, while the higher-ranked clergy of the Catholic Church also made accusations against those who had committed the crime of treason. On the other hand, in the political discourse of the state of Muscovy, the concept of treason is adopted from Lithuania only in the era of Ivan IV, in the middle of the 16th century. This suggests that the concept of treason "moved", in the geographical sense, from the West to the East. Two development models for treason can be distinguished in medieval Europe. In the Catholic Church, the Holy Roman Empire and England, the concept of treason was manifested as a written law in the 12th-14th centuries. During the entire Middle Ages in France, this concept was not legally regulated, which is why the kings of France were much more flexible in their accusations of treason, as it served more as a means of political control in the struggle against the nobility, the cities and the Church. In Lithuania, the concept of treason spread as per "the French way" from the late 14th until the First Statute of Lithuania. Even though several normative documents were released prior to the Statute that did mention the crime of treason, these documents sought to mainly resolve the arising legal precedents rather than actually define the concept of treason. [Extract, p. 256-257]