State of England The period of the Middle Ages Development Stages. Stages of the development of the English state in the Middle Ages. England during the absolute monarchy
The formation of a feudal state in England is connected with the numerous conquests of the British Isles of the tribes of German and Scandinavian origin. Roman conquest left itself almost only architectural and linguistic monuments (names of the towns, cities). After the departure of the Romans in V c. AD Inhabited England Celtic tribes was subject to the invasion of the German tribes of the Angles, Saksov and Yutov, who pushed the Celtic population on the outskirts of the island (Scotland, Wales, Cornwell) -I VII century. The Anglo-Saxons adopted Christianity and formed seven Ran-Nefodal Kingdoms (Wessx, Sussex, Kent, Messa, etc.), which in the IX century. Under the primacy of Wessex, the Anglo-Saxon state - England formed. At the beginning of the XI century. The English throne was captured by the Danes, which ruled until the return of the Anglo-Saxon dynasty represented by Edward Confessor (1042) -
In 1066, the ruler of Normandy Duke Wilhelm, having a blessing of the Roman dad and the French king, landed with the army on the island and, defeating the Anglo-Saxon militia, became the English king. Norman conquest had a great influence on the further history of the English state, which developed mainly similar to the medieval states of the continent. At the same time, the distinctive feature of his evolution since the XI century. The early centralization became the lack of feudal: fragmentation and the rapid development of the public began royal power.
As the main stages of the development of the English feudal state, you can allocate:
1) the period of the Anglo-Saxon early-meal monarchy in the IX-XI centuries;
2) the period of the centralized senory monarchy (XI-XII century) and civil wars for the restriction of royal power (XII century);
3) a period of a representative monarchy (the second of fishing XIII-XV century);
4) the period of the absolute monarchy (the end of the XV - middle of the XVII century).
31. Features and main stages of the development of the political and legal system of the Byzantine Empire.
In 395 Rome. The empire was divided into oriental and western. In the East there was a fellowship. Gos-in Byzantium. Visant. The empire was centralized state. The head of the state was the emperor. In his hands there was a leg., Perform. and fate. power. The emperor ordered not only by secular, but also church affairs, convened church cathedrals, appointed the Supreme officials of the Church. The church played in Byzantium a very important role. According to the teachings of Byzantine (Orthodox Christians), the church of the Emperor received his power from God, his personality was considered sacred. In Byzantium, there was no certain order of the prestolia. It was formally believed that the emperor elects the Senate, the army and the "people" in the face of peculiar parties. Under the emperor, there was a permanent advisory body - Senate, or a synclite. The Senate discussed issues of foreign and domestic politics, considering bills that, after approval by the emperor, received the force of law, appointed senior officials, carried out judicial functions on the most important criminal cases. However, in the political life of the decisive role, the Senate did not play. At the head of the center. Gos-go control. Another deliberative body stood - the Gos-born council, or consistory. He discussed all the current? S state control. And carried out fate. Functions. The highest officials of the empire treated Two prefects of Pretoria, Prefect (Epara) of the capital, Head of the Palace, Quester, two comic finances and two Master of Army. Constantinople with an adjacent rural district was a fellowship. Admin. The unit, which was headed by the Epara of the capital, directly submitted to the emperor. At the same time, he was the Chairman of the Senate . Quaestorhe was chairman of the State Council. In addition, he was developing and mailing imper. decrees and possessed the judiciary. There were two master's army at the head of the army. One of them commanded infantry, the other - cavalry. In the VII century Centre. The government system was reformed. All Byzantine officials were divided into 60 discharges. Supreme officials were called logo. He headed the whole system of the drama logo, which was headed by the imperial guards, his personal office, mail, means of communications, foreign affairs and the police. The office (or secrets) carried out direct control. Separate spheres of state life. In admin. relative Byzantium was divided into 2 prefectures, which, in turn, were divided into 7 dioceses. Each diocenez included 50 provinces. Byzantium had a strong army quite a strong. In the VII century From the number of free peasants-communities was created by a special military stratov string. Earth of strata could not alienate and moved to one of the sons, who had to carry the service. From the XI century The new form of conditional feudal hold is distributed -Prill Similar to Western European benefits. The highest judicial authority of Byzantium was the Imperial Court. He considered cases of the most serious state crimes, and was also an appeal instance. The state of the Council was subjects of cases on state-h crimes and crimes of officials. Konstantinople Epara was the subjects of the cases of members of handicraft and shopping corporations. Land disputes and cases of testament considered the questor - one of the highest judicial workers. In the fams and provinces of the Higher Judicial Power there was a pretender. An extensive judicial system had church justice. Byzantium had a very developed system of legislation in the form of imperial decrees, humbled diplomas, collections of laws and comments on them, citizens of judicial practice. In the period from IV to the 7th century, the main sources of the right of Byzantium were Code of Feodosia and the arch of Justinian. In 726 Based on the arch of Justinian, a collection of civil, criminal and procedural laws - Ecloga. He was designed to reflect changes in the right associated with the development of feudal relations. Church law played a big role in Byzantium., The most important sources of Pi Emperor Vasily 1 was published a collection of legislation - Prokhron, As a guide for judges. He contained the norms of civil, criminal and partly of the court law, processed in accordance with the requirements of time. Later on the basis of Prokhiron was published Epanagoga,having had the same meaning, but an improved system of presenting legal material. The latest official attempt to systematize the Byzantine law was the Basilica ("Tsarist laws"), published under the emperor Lion wise. OSN. The types of contracts were contracts for sale, exchanges, hiring, loan, storage, partnerships, etc. In the field of family-marriage relations, the norms of Orthodox Church Law were dominated in Byzantium. The criminal law of Byzantium was class-class. For the same crime, various types of punishment were provided depending on the estate and property situation. Among crimes, the legislation allocates the following types: 1) state, punished by the death penalty; 2) religious - faithfulness, split - punished the death penalty; holy prickness, falsefronya, witchcraft and other members of credit and corporal punishment; 3) Property crimes - theft, robbery, robbery, arson, etc. - punished corporal punishments and a fine or death penalty; 4) Crimes against morality and families - Multi-way, adultery, rape of the bloodstream and pr. - Cared the death penalty or corporal punishment 5) a crime against the personality - the murder - punishable the death penalty, insult, slander - corporal punishments. The criminal process in Byzantium is inquisition.
Stages of the development of the English feudal state. Historians consider the main stages of the development of the English feudal state:
1) the period of the Anglo-Saxon Rannel Design Monarchy(V- -xi centuries);
2) period of centralized senory monarchy(XI- -XII centuries);
the period of the estate-representative monarchy(The second half of the XIII century. - -XV century);
3) the period of the absolute monarchy(End of the XV century. - -sDine XVII century).
The feudal state Anglo-Saxes originated on the peninsula, called Britain. Previously, the French called Britain all the islands located in the north of France. Name " England"Entered the source later, from the X B, when part of the British islands was conquered by one of the powerful peers of France by Baron Wilhelm Norman. He called the country of England (CX. 9).
The indigenous inhabitants of Britain were britt, later - - Celts. In i century BC, taking advantage of internecine breeding wars, which were among themselves Aboriginal, Britain was enslaved by the Romans, holding her for themselves for almost 500 years. In i century n. e. Britain was one of the painted provinces Roman Empire.However, after the collapse of the Roman Empire, her legions left Britain. Began to conquer Britain anglosex - - Severogrertian tribes of Angles, Saksov and Hytzov celticpopulation (Britt)on the outskirts of the island.
On the territory of the British Islands in V c. Celtic and British protortment arose. The history of their formation and development has not yet been studied enough. Information on the existence of such states is contained in the legends and myths about the "Round Table Knights" and Kole Arthur. There are assumptions that these states were at a higher socio-political level compared to Anglo-Saksami and Yuta of that time. The further development of the Britt and Celts props of the Brites and Celts was prevented. The invasion of the German tribes (Angles, Saxons and Yutov).
Soon on the territory of Britain, with the exception of Wales, Cornweal and Scotland, a number of barbaric kingdoms arose. In the VII century In the north of Britain, three kingdoms were formed - - Wessex, Essex and Sessack. In the center and in the north, where the engines settled, the kingdoms of Northumbria, Mercia and East England arose. In the south of the country settled Utah, forming the state of Kent. The dominant role among these kingdoms was first played by Northumbria and Mercia, but from the VIII century. All seven kingdoms created a single state under the main region of Wessex. The first king became Ecker. This association was necessarily necessarily, on the one hand, solving common states, on the other hand, the suppression of the resistance of the conquered peoples (Britt and Celts) and the enslavement of their own people - - free peasants-communitymen.
An important role in the disconnection process was played by adoption in the VII century. Christianity, and later - - the struggle against the invasion of the Scandinavian tribes, mainly Danes (IX- -XI century). All these factors contributed to the transformation of existing ones from Anglo-Saxes before they are invasioning in England in the state of the states. Traditionally, the history of the state and law of England in the literature begins to be covered with the history of the formation and development of the Anglo-Saxon kingdoms.
In the first century, after conquest, the basis of the Company was free Peasons Communities(Kerly) and noble people(Erly). Generic to know at first occupied a special position, but gradually it was pushed vowels,on which the king was relied, claiming his power, and which he distributed land awards - - community lands along with the peasants living on them. The peasants carried in favor of land owners of the service and were personally dependent on their Lords. Those peasants who remained free, carried out obligations in favor of the state (CX. 10).
As social inequality and the decomposition of the community, Erl turned into large landowners - - landlordov.
By the XI century Thanks to support from both the royal power and the church, which encouraged the development of feudal property to land and justifying the challenge of the peasants, community relations were replaced by feudal.
IN anglo-Saxon Epoch Defense needs in the fight against Normann raids and the need to cohesive all the highest social layers in order to overcome the resistance of the peasants to custody created prerequisites for the elevation and strengthening of royal power. Despite the fact that the attitude towards the king is still preserved as a military leader and the principle of elections when replacing the throne, the monarch gradually approved: its right of supreme land ownership; Monopoly Right to the coin chasing, on the collection of duties; The right to receive natural supplies of CO VCERO of the public; The right to military service by free.
The royal yard was made by the Country Management Center, and the royal approximate - - officials of the state. The highest state body was whitanagemot - - The Council of Witanov, which included the king, the highest clergy, secular to know. The main functions of this council were the election of kings and the highest court. Local government in England retained the principles of territorial self-government.
The main territorial units of the country in the X B. Steel 32 districts - - - county whose centers were fortified cities. The most important local business was discussed twice a year at the County Meeting. All the free people of the district were to participate in it. Cities and ports had their own assemblies, over time, turned into urban and merchant courts. There were also assembly villages. County headed olderman,assigned by the King with the consent of Witanagemota from representatives of local nobility and led by the assembly of county, as well as its armed forces.
To x in. Police and judicial authority acquire a personal representative of the king - - - herfa(was appointed by the king from the middle layer of the service of nobility), which is superior to the timely entrance to the treasury of taxes and court fines.
British conquest.In the second half of the XI century. Britain was conquered by one of the strongest peers of France by the Norman Duke Wilhelm. In 1066, the Anglo-Saxon King Harold, headed by knights and peasant militia, was killed. Wilhelm proclaimed himself as the king and called the country of England. An Anglo-Saxon to know that the conquerors were completely exterminated, and the Earth in 4,000 Anglo-Saxon Lords were selected. The fourth part of them was transferred to the church, 1/5 king took himself, and the remaining were divided between noble French barons. Each Baron received 7 parts of the Earth, located among the possessions of other barons. All feudalists (large and small) were announced by the direct vassals of the king. The rule "Vassal of My Vassal - is not my vassal", common in France, did not work here.
In England, a relatively strong royal administration was formed. The presence of strong royal power was due to a number of factors: first, a huge land massif in the country was concentrated in the hands of the king, which was an important material base of his power; Secondly, all the free land holders (local and seized) became the direct vassals of the king, obliged to him that the first land was preserved, and the second were apparent; Thirdly, the conquerors encountered the strong resistance of the Anglo-Saxon people; Fourth, in large feudalists lacked forces for resistance. Most of the Anglo-Saxon nobility were exterminated, and the consolidation of the forces of French barons prevented the alphanumeric location of the lands. Further strengthening the royal authorities was associated with the growth of cities, most of which were in the subordination of the king. Thanks to the communications with Normandy in England, trade and crafts began to grow rapidly. Cities (by the XIII century. They have already numbered about 80) served as an important support of royal power.
Thus, if the strengthening of the royal power to the Norman invasion was dictated by economic reasons, the interests of the feudalizing nobility and the need to plunder the peasant lands and challenging the peasants, then other reasons appeared with the arrival of Normans and the growth of cities. Monarchy in England XI- -HP centuries. You can call a sinoral with a large stretch (Table 7).
Table 7.
The formation of parliament. Since the English king did not consider himself a knitted charter, in 1258, the Council of 25 Barons was convened, which became a story called Parliament, who developed Oxford provisions. At the king, the Permanent Council of Fifteen was created, which was supposed to give advice to the King Management. To solve the most important cases, the parliament has been convened three times a year. In addition to 15 members of the Council, another 12 people convened by Barona were included, senior officials (Chancellor, Justice, the Kingdom Treasurer, Sheriffs), which were appointed for a period of 1 year. They were supposed to be responsible not only to the king, but also before the parliament. The king defeated rebellious barons headed by Simon de Montfor. In 1295, they were convened parliament called "exemplary". Subsequent parliaments convened in the same composition, i.e. With the participation of all classes: barons, knights, clergy and citizens.
The structure of the parliament took shape later. In the XIV century Parliament was divided into 2 chambers: Upper (House of Lords) and Lower (House of Commons). From the XV century Approved by the custom of inviting Lords to the Chamber of those who had from the king patent about the date of the title of Duke, Marquise, Count, Viscount or Baron. Lords, meeting in this chamber, have achieved the right to transfer this position by inheritance.
The procedure for the formation of the Second Chamber (House of Commons) was determined by law 1430. The right of voting was received only by those who lived in the county constantly and owned Frigold, bringing income of at least 40 shillings. Moreover, it was emphasized that the voters should be a knights, joined by a sword, but not peasants, at least they were free and prosperous. But in 1278, Eduard I issued a decree prescribing each landowner if his state reached 20 pounds of sterling, acquire a knightly patent. The order of elections in the cities was not the same. In some cities, it was necessary to pay a pioneer tax, in others - to own a free urban holding, thirdly - to have "their hearth", in the fourth - to be a member of the merchant guild.
The legal status of parliament was different from the general states in France. The English Parliament got what the general states sought. The competence of Parliament consisted not only to drain taxes, but also control over their execution and use. In 1297, Eduard I decided that taxes would be introduced with the consent of Parliament. In 1340, it was found that the king could not enter direct taxes and similar phaatas without the consent of parliament. The king was obliged to report to the Chamber of Commons about the spending of finance.
Parliament has achieved the right to participate in the legislative process, publish acts of legislative (statues), which often exceeded royal decrees in their legal strength. As of Edward I, the House of Lords began to perform the functions of the Supreme Court against the Royal Ministers who allowed abuses. The rights to initiate a criminal case against the Royal Ministers achieved even earlier the House of Commons.
The House of Commons, in addition to the right to introduce taxes, has received the right to control the customs duties. In the XIV century The king has signed an act prescribing to appoint officials (Chancellor, Treasurer, judges of the Higher Royal Ships, etc.) in coordination with Parliament.
Centralized senorial monarchy in England. During the senorial monarchy (XI- - XII centuries) In England, the formation of the feudal system was completed. After the Norman conquest, the characteristic feature of the English feudalism was entrenched - - the political association of the country and centralization of state power.
Kings of the Norman dynasty found a solid support in a layer of medium and small feudal layers; Support for large feudalists was relative and temporary, as they themselves sought to independence. Nevertheless, when making a feudal and hierarchical staircase established direct vassal dependence of all feudal from the king,what distinguishes England from other European countries. In 1086, a universal stale census was held (the "Book of a Terrid Court"), who secured his land ownership and place in the system of the feudal hierarchy for each feudal.
Free peasants for the most part were recorded in it as fortress - - villans,the rest - - as frigollders. For English villas Characterized by the subsidy "by the will of Lord", heavy barishment, strict restriction of the right of care from put on, the jurisdiction is only the court of its Lord (Senorial Justice). Freigoltheder It assumed the free holding, opposed to Willlan Holding, on the terms of the payment of rent (relatively low). For peasants, frigolders were characterized by personal freedom, the fixation of the rent, the right of free will, section and alienation of the holding, as well as the right to defend the royal courts (Table 8).
Table 8.
As a result heinrich II Platifuget Reforms (Rules in 1154-1189) strengthened judicial, military and financial The powers of the royal power. The main directions of these reforms are to create a central financial system (chamber of a chessboard) and judicial (Westminster royal courts and a system of traveling judges) institutions, as well as the reorganization of the army (replacement of the mandatory service of the King of the King ransom - - "Shield Money") (Table 9 ).
Table 9.
The increase in the monarchy was also facilitated by the appearance (from the X century) and growth citiesas craft and trade centers. Cities usually received the right to self-government and were paid annually to the king (for the most part they were located on the Royal Earth) a certain amount of money.
Citizens and Freigolders needed protection from the royal power and supported it, which also strengthened the monarchy. Due to the development of commodity and money relations and the growth of market connections, Podachi and Metivity were increasingly purchased money. So, for example, Knights, obliged by Sussene Military service, already in the XII century. Often replaced its cash contribution (the so-called "billing money"), the peasants also instead of the fulfillment of duties often made cash payments.
Transition to the new form of the state - to consistenrative monarchy(The second half of the XIII century - - - the end of the XV century.) - - was carried out as a result of the Civil War 1263 - 1267.
From the end of the XII century. The royal authority began to damage the interests of a significant part of the population: lands confiscation; Land owners were oppressed; New cash offices and duty have been introduced. The country responded with a number of opposition performances, and at the beginning of the XIII century, after the rebellion of the barons supported by knights and citizens, the king of John Unbounded signatured Great Charter Wolnities(1215), which is considered the first constitutional act of England. The main content of the 63 articles of the Charter is - achieving the compromise of the king with baron; The requirements of knights, citizens, merchants, and moreover, peasants are paid significantly less attention (Table 10).
After the new political conflict in 1258. King Heinrich III approved Oxford provisions,installation regime of the baron oligarchy. In response, unhappy knights with the support of citizens and some barons demanded from the king signing Westminster provisionswho defended the knighthood and free peasants from the arbitrariness of large feudal and royal administration.
In 1263, the civil war began, which lasted until 1267. Her result was the creation first English parliamenti finally approved with Edward I. in the XIV century. (1352) Parliament has become a bipotable:
· Upper Chamber - - - house of Lordswhere the barons and the highest clergy were meeting;
· Lower chamber - - - the House of Commonswhere the knights and urban tip along with the lower clergy, whose durable alliance provided the community chamber greater political influence than the influence of the considerable assembly in other countries (Table 11).
Table 10.
Table 11.
| Parliament of 1265 - the establishment of the estate-representative authority of the Power of Parlament. From 1295, he turns into a permanent legislative assembly of England. | |
| From 1352, the parliament of England becomes bicamers (bicalate) | |
| ß | ß |
| House of Lords Consists of hereditary and life-appointed monarch peers (nobility, clergy) | The House of Commons Consists of citizens and knights who were elected |
| Competence of parliament m Resolution (Turning) Taxes (from 1297). m control over their use (from the XIV century). m participation in the publication of laws (from 1414). m The right to control the highest officials. m The right to act as a top judicial authority (House of Lords). |
Office in placescarried out sheriff with assistant - - bailyif, as well as coroners and constabils that have meticulous in local meetings.
Police and judicial authority was endowed by the King justices of the peace.
Higher courtsduring this period there were a royal bench court, the Court of General Treasury and the Court of Treasury.
England during the absolute monarchy. From the end of the XIV. In England, the conversion of feudal land tenure in the capitalist, which means the liquidation of the barbecue, the fall of the feudal rent, the surrender of the Bark land for leasing to peasants for a relatively moderate fee, the destruction of the serfdom and the conversion of serfs in copigolders.
Large feudal economy during the XV century. It takes a decline, its revenues are reduced. The development of commodity relations corresponded to the accumulation of capital and the emergence of the first manufactory in the woolen industry.
By the end of the XV century. - - The beginning of the XVI century. Changed the appearance english nobilitybecause The old feudal know was exterminated in the internecial war of the scarlet and white roses. Based on the middle layers of the nobility, the "New Nobility" was formed - - - gentry, replenished by immigrants from the city bourgeoisie (merchants and Roshovshchikov) and the rich peasantry that bought land possessions of secular and spiritual feudalists with the aim of breeding on them fine-shaped sheep. The interests of Gentri were close to the interests of the bourgeoisie.
The peculiarity of the economic development of England of this period is - the formation of capitalist elements in the village earlier than in cities. The rapid development of the Suknevnaya, which became the main industry in the English industry, led to an increase in the demand for wool and caused the desire to expand pastures for sheep. In England began agrarian coup.Not satisfied with the seizure of community lands, major landowners were forcibly drove the peasants from the ground, destroyed their homes and whole villages. Property stratification rural populationled to the selection:
1. Farmers frigolderov (Free Holder - - Free Holding) as a wealthy top of the peasantry, exploited by hired work and often translated into the ranks of large tenants;
2. copygolder (Copy Holder - - the holder of a copy of the document on the provision of land on the right lease) as small-earth tenants and landless bathers.
The beginning of the epoch english absolutismthe reading of the tudor dynasty at the end of the XV century. (Table 12).
Table 12.
Central authorities and managementduring this period in England become:
· king,focused in his hands all the real power;
· Secret Councilwhich was representatives of feudal nobility, new nobility and bourgeoisie. He had widespread competence: ruled the overseas colonies, regulated foreign trade. With the participation of the secret board, ordinances were published, he considered some court cases as a court of first instance and on appeal;
· parliament,consisting as in the XIV century, from two chambers - - the chambers of the Lords and the House of Commons.
From the XV century The House of Lords was formed mainly from hereditary peers, the House of Commons - from the representatives of the nobility and the urban tip. The clergy was not allocated as an estate in the English parliament - - spiritual prelates entered the ward of the Lords. The rest of the clergy did not receive representation in Parliament (CX. 11).
In the period of absolutism increased the dependence of the system local organs Control from central authorities. So, in counties was established lord Lieutenant.Lord Lieutenant was appointed directly by the king; Its functions included the leadership of the local militia, the activities of world judges and the police.
The lower local self-governing unit became church parish.Its competence included issues of local church and territorial management. The collection of parishioners who paid taxes, solved the issues of the distribution of taxes, repair of roads and bridges, etc., and also elected coming officials. The maintenance of church affairs was carried out by the abbot of the parish, whose activities were delivered under the control of the magistrates, and through them under the control of the bodies of the departments and central bodies (CX. 12).
With absolutiance of the most important judicial instancesthere were the court of royal bench, the court of general litigation and the court of chancellor.
The structure and jurisdiction of central Westminster courts took shape, including Ships Chancellor. (fair right) and Supreme Court Admiralty. Extraordinary courts were also created, the most famous of which - - Star Chamber (essentially political tribunal), as well as High Commission(For consideration of cases of spiritual dissent).
The judicial competence has expanded. All criminal cases are prescribed by traveling and global judges after approval of the accusatory act of a big jury (16- -23 people). The criminal court included jury meetings.
The right of medieval England.British law did not know updates on the basis of Roman law or by codification, which is typical for French law and for other legal systems of the Romano-German legal family. It developed autonomous means, contacts with the European continent had only a minor influence on him. British lawyers love to emphasize the historical continuity of their right and are proud of this circumstance and not without reason consider it as evidence of the Great Wisdom of General Law, its ability to adapt to changing conditions, its irreversible value. Do not, however, exaggerate this "historical" nature of English law.
In the history of English law, scientists allocate four main periods. The first period was preceded by the Norman conquest of 1066; The second, from 1066 to the establishment of the tudor dynasty (1485 g), is the period of becoming common law, when it is approved by overcoming the resistance of local customs. The conditions of this period had an influence on the legal system, and now at the present time. The third period, from 1485 to 1832, - - the flourishing of common law; However, it was forced to make a compromise with an additional legal system, which found its expression in the "justice standards". The fourth period - - from 1832 to the present day, - - when the common right met with the unprecedented development of the legislation and should have adapted to society, where the importance of the state administration is constantly intensified.
There is a date that is fundamental in the history of English law, as in the history of England itself and Europe, is 1066, when England was conquered by Normans. The period preceding this date in England is called the period of Anglo-Saxon law. Roman domination, although it lasted four centuries in England - - from the emperor Claudia before the beginning of the V century, - - left in England a small trace.
For historians of English law, the history of law begins with the era, when the Roman domination ceased to various tribes of Germanic origin - - Saksa, Angles, Utah, Danes - prevailed in England. It was in this era that England was addressed to the Christianity of the Mission of St. Augustine of Canterbury (596 g).
The right of the Anglo-Saxon era is little known. After appealing to Christianity, the laws were prepared in the same way as in continental Europe, with the only difference that they were not written in Latin, but in Anglo-Saxon. Like other barbaric laws, they regulated only very limited aspects of public relations.
The laws of Eitelbert, compiled about 600, include only 90 short phrases. The laws of the Danish king of the Wound (1017- -1035), compiled by the four centuries later, much more developed and marked the transition from the era of community-tribal to feudalism. Personal principle is inferior to the place, territorial, but the current right remains purely local, although the country has been subordinate to a single sovereign. Until the Norman conquest was not the right, common to all England.
In itself, the Norman conquest has not changed the existing situation. Wilhelm The Conqueror (as unsuccessfully called him) claimed to dominate in England on the basis of hereditary titles, and not by virtue of the right of the conqueror. He specifically declared the preservation of Anglo-Saxon law, and even today, English lawyers and judges in some cases mention and even apply this or that law of the Anglo-Saxon era. However, Norman conquest is a serious event in the history of English law, as it brought to England with a foreign occupation of a strong central government, rich in the experience of administrative management experienced in the Duchy of Normandy. With the Norman conquest, the community-tribal epoch ended: feudalism was established in England.
However, English feudalism is very different from feudalism, which existed in the same era in France, in Germany or in Italy. The Norman Señoras, who followed Wilhelm in England, found themselves in a defeated country, which they did not know, and the morals and the population of which despised. They felt the need to group around their Mr. to protect their conquests and their property. The conqueror managed to avoid the danger, which was represented "for him too powerful vassals: when the land distribution, which he distributed to his associates, he did not create a single large feud, and therefore no" Baron "could not compete with him.
In 1290, the law was adopted ("Quia Emptores"), according to which only the king could complain to the Earth, which once again confirmed the direct dependence of the feudal from the king. The spirit of the organization and discipline was expressed in the creation of the Books Court in 1086, which was listed 1,5,000 places (Manors) and 200 thousand yards that existed then in England. The spirit of military organization and disciplines, characteristic, unlike the European continent, for English feudalism, was also reflected in the development of common law.
The common law was called Comune Ley on the Norman jargon, which, from the kingdom of Edward I (1272 - - 1307) until the XVII century, was a conversational language for lawyers of England, while writing, as in the rest of Europe, was Latin. French was a court language before the top of the tudors at the end of the XV century. Naturally, the same language was used by the royal courts and as their competence expands, English was supplanted from the judicial sphere. Although later the inverse process began and from the XVI century in the courts, English was dominated by English, nevertheless only in 1731 (after unsuccessful attempts undertaken in 1362 and 1650. during Cromwell), it was announced official, and French and Latin lost this quality .
The common right, in opposition to local customs - is the right, common to all England. In 1066, it still did not exist. A collection of free people called County Court (County Court), and its division of Hundred (Hundred Court) was carried out at that time justice based on local customs in the conditions of strictest formalism.
After the conviction of the counties and the courts of hundreds, hundreds were gradually replaced by the feudal jurisdiction of a new type (the courts of Baronov, Manores, etc.), which were also judged on the basis of the usual law of a purely local nature. In the field of the action of church jurisdiction, established after the conquest, was used canonical law, common for all Christianity. The common law is - the right English and common to all England - - was created exclusively by royal courts, called usually Westminster - - at the place where they met from the XIII century.
After the Norman conquest, the royal courts in England did not have universal competence. The disputes were transmitted, as a rule, in various previously listed courts. The king carried out only the "Higher Court". He intervened in disputes in exceptional cases: if there was a threat to the world in the kingdom or if the circumstances of the case were such that it could not be resolved in the usual basis. The court, where the king decided business with the help of his approximate (Curia Regis), is essentially the court of particularly noble people and especially large affairs, and not an ordinary court accessible to everyone.
Within the framework of the XIII century, autonomous education was developed in the XIII century, including those endowed with judicial competence of the Commission with constant location in Westminster. The competence of these vessels was limited, they had to be considered with senites who wanted to be masters at home and did not at all express their readiness to obey the judicial verdicts. The intervention of royal power in the deeds of the seniors and their subjects seemed to the senites impossible and contrary to the natural order of things.
The royal courts finally could not even exercise justice as an appeal to all disputes arising in the kingdom. The intervention of these vessels was limited mainly by three categories of affairs: cases affecting royal finances, affairs concerning land property and real estate, grave criminal offenses affecting the world in the kingdom. In the judiciary (Court of Treasury, the Court of Community Laws and the Court of Royal Bench), first considered only certain cases from the specified three categories, but soon this division of competence dropped and each of the three royal ships of Westminster could consider all cases subject to royal jurisdiction.
All other cases, in addition to the three categories mentioned, were still permitted outside the royal jurisdiction by the County Court or Court, feudal and church courts, and later as appropriate cases and various commercial vessels, which the right to send justice was granted in connection with the conduct of various fairs and Bidding and which used international trade law - - Lex Merkcatoria, or Ley Merhant.
Chancellor and royal judges were interested in increasing the mentioned list of prescriptions, taking into account the income they received for consideration. On the other hand, the king sought to strengthen his power and expand his court perpetrators in the state. By expanding the competence, the royal courts pushed and the ever-increasing number of appeals to it of individuals who put the royal jurisdiction above all the other. After all, only the royal courts could really provide the appearance of witnesses to the court and the execution of the decisions made. And only the king and the church could oblige their subjects to bring the oath.
Due to all these reasons, the royal courts expanded their jurisdiction and in the late middle ages became the only body of justice. The Senoral Courts suffered the same fate as the courts of hundreds, the share of municipal and commercial vessels remained a bit of insignificant affairs, and the church courts considered only disputes related to the holiness of the marriage or disciplinary misconducts of the clergy.
English Middle Ages real lawit is known to divide property on movableand immovablebut more common and traditional was dividing things on real property and personal property:
· Real property defended real claims(In case of success, the lost thing returned to the owner). Real property included generic real estate, as well as such rights to land that were the character of free holding, feudal possession of the king or from another Lord;
· Personal property defended personal claims.It treated all other things.
The land occupied a special place in the English medieval law. Land rightsdefined by two main concepts:
1. possessionholding (TENANCY);
2. volume of ownership rightslegal interests (Estate).
Possessioncould be either free (frigold) - - the ownership of land obtained on the conditions of carrying the knightly service or on the right of personal service, as well as land tenure of a free peasant (SokA), or non-free (Copygold) - land ownership under the terms of the fulfillment of personal and landlords of the peasant in favor of Lord; Over time, turned into the hereditary right of feudal lease.
The concept of the volume of ownership of real estate (Estate)includes the rights of persons who participate in relations of ownership, use, orders and control over property. Estate also gives an idea of \u200b\u200ba set of technical means for transferring property. Historically developing, the right of ownership of real estate had the following forms:
· Obtaining Lords the right to sell the Earth, provided that all the official subsidy of the former are transferred to the new holder;
· Possession close to private ownership, with the only difference that, in the absence of heirs, the Earth did not become fragrant;
· Reserved rights to land (the rights of "protected lands");
· Lifetime ownership;
· Ownership for a certain period.
The institute became a purely English institute of real law trust property(Trust): One person transfers his property to another or part of his property so that the recipient becomes formally, managed by property and used it in the interests of the previous owner or in guidance.
As market relations develops in English, the obligatory right began to develop and develop : obligations from deliquets and contracts.
Medieval English obligatory law are known among other things. forms of lawsuits:
· Debt claim;
· Report on the report (persons who were entrusted to other people's money);
· A lawsuit on the agreement (the requirement for the debtor to fulfill the obligation established by the Agreement of the Parties);
· Law on the protection of verbal agreements.
Family law Medieval England was determined by the interests of the protection and protection of feudal land tenure. As in other European countries of this period, it was regulated by the standards of canonical law, for example: church form of marriage, prohibition of divorce or doubles, etc.
English medieval family wore patriarchal character.The movable property of a woman when marriage was married to her husband; In relation to real estate, its management was established. A married woman did not have the right to independent conclusion of contracts, to speak in court in his defense. Married women in peasant, craft and merchant families enjoyed greater opportunity - they could manage their property, enter into transactions, engage in trade.
The Anglo-Saxon ordinary right is a divorce confessed, although the canonical right did not allow him, allowing separate accommodation of spouses under certain circumstances. In the case of a divorce or in the event of the death of a husband, a woman leaving the husband's family, received his share of family property.
English medieval right knew inheritanceand according to law, and in testament.
Inheritance according to the law, the principle of Majorate was established in order to avoid the crushing of the feud - - transfer to the inheritance of land ownership of the eldest son, and if he was not - - the older in the kind. Inheritance in the will in some areas was limited, for example: it was forbidden to remove the inheritance of legitimate heirs.
English criminal lawthe average crime into three groups traditionally subdivided.
· felonia - - The concept that has established in the XIII century. And meaning serious crimes (heavy murder, simple murder, the abduction of property, violent penetration into someone else's dwelling at night with the purpose of their committing, etc.). Felonia caught the death penalty and confiscation of property;
· treasonalteracted from among other crimes in the XIV century. And has become the most serious crime. The concept of treason included a violation of the debt of loyalty to the king on the part of his subjects (Great Treason), as well as the commission of crimes against state security (call for meantry, illegal dismissal in order to educate the unrest, conspiracy, agreement of two or more persons with illegal intentions);
· midminor - - The concept that gradually developed from offenses, previously punished only by recovery of damage in civil order. Over time, frauds were included in this group of crimes, the manufacture of fake documents, forgery. The myndimine was punished with imprisonment or a fine.
Trial In the XII- -XIII century. wore evict.In the future, English legal proceedings accusatoryboth in civil and criminal cases. The preliminary investigation did not exist.
Church courtsthey resorted to the services of investigators who studied evidence and established facts. Their conclusions were the basis of the decision.
In general law courtsthe proof was gathered by the parties themselves. At the end of the XV century. Special jury of indictment jury began to be convened in order to verify the accusation materials. If they recognized sufficient arguments in favor of the accusation, they constituted the accusation document. Such an inspection could also conduct a magistrate. After the parties provided their evidence, the judge had to summarize the circumstances of the case and give a jury, pointing to legal issues on the case. Jury triali carried the verdict of the guilt or innocence of the accused.
Control questions
· What was England to Norman conquest?
· How did the overall right and the jury court arose?
· What place is the great Charter of Valibilities in the constitutional history of the country?
· How and when did the education and strengthening of the parliament occur?
· How to determine the "right of justice"? What is his difference from common law?
· Why is English absolutism called "unfinished"?
The development of feudal statehood in England has passed several stages:
1) the period of the early refortel monarchy (IX-XI centuries);
2) The period of the senorial monarchy (XI is the first half of the XIII century);
3) a period of a pretended monarchy (the second half of the XIII-XV centuries);
4) The period of the absolute monarchy (end of the XV - middle of the XVII centuries).
The formation of a feudal state in England was associated with the numerous conquests of the British Isles by various German tribes. So in the VII century. Anglo-Saxon tribes invaded here, pushing the local Celtic population on the outskirts of the island. Anglo-Saxons and founded here the first early refortel states. The new wave of migration is Normans, and then Danes, have little influenced the formation of class society. The new impetus to the development of statehood and the formation of the modern English nation gave conquest of Britain in 1066 by Normandy (Province of France). Duke of Normandy Wilhelm became the English king, its transformation largely determined the features of the English medieval state. Its main distinguishing feature, starting from the XI century, was the early centralization, the weakness of centrifugal forces.
Wilhelm The Conqueror confirmed the observance of the "old and good" Anglo-Saxon customs than laid the foundation of the law enforcement of law institutions, at the same time the royal power was strengthened by reducing the powerful powers of community institutions. The basis of the economy was manor - a set of possessions of one feudal, within which the feudal police had judicial, legislative and administrative powers. Manor was a variety of European feud. The enhancement of royal power contributed to the special policy of Wilhelm, who was not interested in serving a layer of large, independent vassal king, so the land confiscated from the Anglo-Saxon entered the Royal Domain, the feudals initially received the land from the king and relatively small sections and preferably in different Kingdom regions. This created the attachment of vassals to the king and influenced the absence of the possibility of separating large feudalists with his own ownership from the royal domain, because in each individual Pary's county were only small landowners, and only the totality of possessions made them the largest feudals. The conquerors brought with them the "Forest Right", which gave the opportunity to declare significant forest arrays to the royal reserves. The king as the owner of the Earth demanded the crossing of the oath from all free landowners. Thus, the principle of "Vassal of My Vassal is not my vassal" in England could not be established, which led to disputes in science on the existence in England the period of the senorial monarchy. Of course, we do not have to talk about fragmentation in the continental version regarding England, although the periods of weakening the royal authorities also took place here.
In England, the principle of the supreme jurisdiction of the judiciary of the King's judicial power was also approved relatively early. And the subjects had the right to contact not only in manorial Court, but also to the King's court, which was as close as possible to the population by the introduction of the sessions of the attoring courts of assisions. In 1086, census and their farms were conducted to streamline the tax system. According to the census, most of the peasants were transferred to the discharge of the dependent population, speaking as personally non-free, hereditary holders of the Earth - Villas. At the same time, in individual counties, the layer of free land holders remained - frigolderovwho were personally free, but kept the land on the basis frigold (Something close to continental hereditary lease).
Over time lords, strengthening his power, began to act as a counterweight of the royal power, repeatedly raising methers against the king (XI-XII centuries), especially since they found an ally in the person of the Catholic Church. In the second half of the XII century. reform Heinrich II. contributed to strengthening centralized power by establishing a bureaucratic management system and court. As part of the reforms, the judicial system was modified. Under the jurisdiction of traveling royal courts, all criminal cases and disputes over land owners were translated. The beginning of the procedure for consideration of the case was associated with obtaining a royal order about the consideration of the case by a specific official. Investigations of criminal cases were carried out by the sheriffs prescribed by the king with the help of jury, which was then attended by the court on the court on the merits. The highest royal court became Court of general litigation (1175). Within the framework of judicial reform, disputes associated with the inheritance moved to the royal courts, and the king became the supreme judge on cases considered in church courts. Significant reforms of Heinrich II should reform the army, which began to be created on the basis of a combination of temporary troops (militia) and a permanent army (mercenaries), military service was distributed to all free population. Finally, the tax system was changed, in particular, for the content of troops, in addition to the payment of "billing money" and the townspeople "Talia", a tax on movable property was introduced, which was collected from the entire population. Thus, reforms strengthened royal power and in judicial, both in administrative and financial spheres.
An important point in the development of English statehood during the transition to the estate-representative monarchy had Great Charter of Valibilities 1215signed by ion landless. This act was created during the weakening of royal power. Lords, uniting with the clergy and are found support in the townspeople, forced the king to give constitutional rights to all subjects, as well as privileges to individual estates. Constitutional rights belonged to the freedom of movement in the territory of the Kingdom, the right to appeal to the king in the event of refusal to justice, the court's right under the laws of the country was introduced, "there is no punishment without trial", the arbitrariness of officials was limited when taxing. Of course, most of the articles of Velikov Charter's liberties concerned the feudalists (secular and spiritual). In particular, "Court of Equal," was created for the feudalists, thereby they were derived from the jurisdiction of the royal courts, the Baron Council was created, which limited the king's power, which the king, besides, could not dissolve and which could start against the king fighting, If the latter violated the charter.
The emergence of a representative monarchy in England is connected with the beginning of the activities of Parliament in 1265. The creation of such an organ was a direct consequence of senorial wars. The royal authority realized the need for a compromise not only in the highest estate. But also the wide masses of the public population, so knights and citizens were presented in parliament. Parliament was two-dollar and shared on the ward of the Lords (Upper Chamber) and the House of Communities (elective lower chamber). By the end of the XIII century. The order of elections to the lower chamber is approved: two representatives from counties and two representatives from cities. In 1430, electoral qualifications were established, in particular, the voters could have freigolders who received at least 40 shillings of annual income. To the XIV century Parliament's powers expanded, and in addition to the authorization of the introduction of new royal taxes, the Parliament acquired the right of legislative initiative and the right to act as a judicial authority for the crown ministers (Upper Chamber). The right to appeals to petitions and requests to the king. Court perpetrators were held in the right of the lower chamber to excite the procedure before the Chamber of Lords impeachment In relation to officials in case of abuse of them. Parliament received the right to declare criminal or other abuse of royal officials, while a special act was published - bill on opal.
In this period, along with Parliament, the other state authority was developed - the Royal Council, which was a narrow group of persons with a person who participated in the implementation of the highest judicial, executive and legislative power.
From the end of the XV century. In England, conditions arise to the transition to absolutism, which was associated with the formation of the bourgeois method of production in the depths of feudalism. The engineering system, which led to the widespread sgon of peasants from the ground, the spread of commodity sheepship, created the conditions for the development of the market for the hired labor force and the transition from the workshop to manufactory production. Manufactory - capitalist enterprises based on the use of manual labor, but with a specialization of the technological process within the enterprise, started not only by merchants, but also new nobles (Gentri). The exit of England to the world market, its participation in the great geographical discoveries - gave a impetus to the rapid development of the process of initial capital accumulation.
Of course, the social sphere has changed. Thus, the English peasantry became personally free with the preservation of division into frigollders, which for the holding of the Earth paid the rent, and copigolders, which were performed by the land of feudal subsidies. In the XVI-XVII centuries. There is an increase in hired workers, the state actively helps it to form the publication of cruel laws against vagrancy. Theodals were divided into a new nobility, leading their farm in capitalist, and the old, which used various feudal forms of operation of the accommodally dependent peasants. Finally, it is actively formed, aware of its political and economic strength, the bourgeoisie is a new public class. Under these conditions, it is possible to strengthen its power for the English crown due to avalanche between the interests of the bourgeoisie and the nobility. Actively helping the bourgeoisie in expanding its influence in the domestic and foreign market, in the seizure of the colonies, the English crown traditionally continues to rely on in the political sphere on the nobility.
A feature of the English absolutism was his "unfinished" character. A long period along with the king continued to act a parliament - the body that limited the power of the king, which reminded him of "old English liberty." An exception was the darling board (from 1628 - 1640) Karl I Stewart, as you know, ended with the bourgeois revolution. This fact gave the basis of part of historians to question the existence in England of absolutism, or at least to talk about the short-term nature of the absolute monarchy. However, in the XVI-XVII centuries. There was an increase in the royal power, an increase in the number and role of the bureaucratic apparatus. By the XVII century. Parliament practically loses its authority, trying to quickly remind the king about them. In addition, the king establishes new bodies that strengthened his undivided power: the secret council, which was transferred to the authority of the executive, the Star Chamber - an emergency court for political affairs, the High Commission - the Church Court, who pursued Puritan, who submitted directly to the king. Thus, by the XVII century. In the hands of the king, all powers of judicial, executive and legislature, parliament, as a result of social change, could not speak the actual counterweight of the King's authority in this period, although it was nominally an existing body, the convening of which or dissolution depended on the royal will.
The formation of a feudal state in England is connected with the numerous conquests of the British Isles of the tribes of German and Scandinavian origin. Roman conquest left itself almost only architectural and linguistic monuments (names of the towns, cities). After the departure of the Romans in V c. AD Inhabited England Celtic tribes was subject to the invasion of the German tribes of the Angles, Saksov and Yutov, who pushed the Celtic population on the outskirts of the island (Scotland, Wales, Cornwell) -I VII century. The Anglo-Saxons adopted Christianity and formed seven Ran-Nefodal Kingdoms (Wessx, Sussex, Kent, Messa, etc.), which in the IX century. Under the primacy of Wessex, the Anglo-Saxon state - England formed. At the beginning of the XI century. The English throne was captured by the Danes, which ruled until the return of the Anglo-Saxon dynasty represented by Edward Confessor (1042) -
In 1066, the ruler of Normandy Duke Wilhelm, having a blessing of the Roman dad and the French king, landed with the army on the island and, defeating the Anglo-Saxon militia, became the English king. Norman conquest had a great influence on the further history of the English state, which developed mainly similar to the medieval states of the continent. At the same time, the distinctive feature of his evolution since the XI century. The early centralization became the lack of feudal: fragmentation and the rapid development of the public began royal power.
As the main stages of the development of the English feudal state, you can allocate:
1) the period of the Anglo-Saxon early-meal monarchy in the IX-XI centuries;
2) the period of the centralized senory monarchy (XI-XII century) and civil wars for the restriction of royal power (XII century);
3) a period of a representative monarchy (the second of fishing XIII-XV century);
4) the period of the absolute monarchy (the end of the XV - middle of the XVII century).
30. The right of medieval England: sources, systems, development stages
The feudal right of England was distinguished by complexity, confusing, which was associated with the special ways of its formation. To the Norman conquest in the XI century. The main sources of law in England were custom and royal legislation. The first legal collections began to appear here in the VI in
The policy of the first Norman kings, starting with Wilhelm the Conqueror, was also aimed at keeping the "old and good Anglo-Saxon customs." At this time, thus, the tradition of the persistent historical continuity of English law is already born. With the activities on the permanent basis of the Royal Traveling Judges in Henrich II (XII century) and the formation of the "common law" of the country was connected. It was considering first of all the "crowns", that is, cases of direct interest from the point of view of possible revenues of the treasury: about the feudal rights of the monarch, on the detection of treasures, suspicious deaths and violations of the royal world, on the abuse of royal officials. In addition, they were considered by them and "common charges" or "litigation of the people" on complaints coming to the king.
The result of formalism, high costs, slowness, the overall inability of "common law" is decisively transformed in connection with the changing historical conditions, the appearance in England in the XIV century was. "Court of Justice" and the subsequent formation of another legal system, "fairness rights". "The basic principles of" fairness ", some of which were borrowed from the" General Law ", which were reduced to a certain system of norms in the XVII century, retained their significance to the present day. The main one is that the" right of justice "is" The mercy of the king ", and not the primordial law of the victim. The" right of justice "cannot be applied in all cases of violation of rights, as it is discretionary, that is, depends on the discretion of the court.
The special nature of the development of case law was required to appeal to the works of English lawyers who very early began to fulfill the role of guides in the labyrinths of two English law systems.
The first legal treatise was written in Henrike II, His Justiciary Glenville in the XII century. The focus of the English lawyers, the norms of statutory law are increasingly falling, whose importance is increasingly increasing over time. Statutes - parliamentary acts have become different from other sources of the right of medieval England in that their legality, in contrast to their interpretation, could not be discussed in court. A special place among the sources of the medieval law of England also occupied the norms of commercial and canonical law. The fact is that in the port cities of England, which became from the end of the XIII century. Important international trade centers, together with wholesale wool, cloth, metals, developed a whole network of special courts. In the XIV century The wholesaler courts acted already in 614 English cities.
