1. Davis's relatives achieved the issuance of a writ of habeas corpus. The arrested Davis appeared before Judge Blair of the Queen's Bench. However, the latter refused to consider this case, citing the fact that the autumn holidays had arrived. Are the judge's actions legal?
The judge's actions are not legal, because according to Art. X "Habeas Corpus" 1679 "It will be permitted for every prisoner... to make statements and obtain his... Habeas corpus... from the courts,... and if... the Lord Chancellor... or the judge... refuses at least during the vacation period at any or a writ of habeas corpus to be granted under this act, they shall each be liable to a fine of 500 pounds in favor of the person aggrieved...” Livantsev K.E. History of the medieval state and law. St. Petersburg, 2000.
2. Features absolute monarchy in Western European countries
The inevitable result of the formation of the capitalist system and the beginning of the decomposition of feudalism was the emergence of absolutism. The transition to absolutism, although it was accompanied by a further strengthening of the king’s autocracy, was of interest to the broadest strata of French society in the 16th-17th centuries. Absolutism was necessary for the nobility and clergy, because for them, due to growing economic difficulties and political pressure from the third estate, strengthening and centralization state power became the only opportunity to preserve their extensive class privileges for some time.
The growing bourgeoisie was also interested in absolutism, which could not yet lay claim to political power, but needed royal protection from the feudal freemen, which again stirred up in the 16th century in connection with the Reformation and religious wars. The establishment of peace, justice and public order was the cherished dream of the bulk of the French peasantry, who pinned their hopes for a better future on a strong and merciful royal power.
When internal and external opposition to the king (including from the church) was overcome, and a single spiritual and national identity united the broad masses of the French around the throne, the royal power was able to significantly strengthen its position in society and the state. Having received broad public support and relying on increased state power, royal power acquired, in the conditions of the transition to absolutism, great political weight and even relative independence in relation to the society that gave birth to it.
The formation of absolutism in the 16th century. was progressive in nature, since royal power contributed to the completion of the territorial unification of France, the formation of a single French nation, the more rapid development of industry and trade, and the rationalization of the administrative management system. However, with the increasing decline of the feudal system in the 17th-18th centuries. an absolute monarchy, including due to the self-development of its power structures themselves, rising more and more above society, breaks away from it, and enters into insoluble contradictions with it. Thus, in the policy of absolutism, reactionary and authoritarian features inevitably appear and acquire primary importance, including open disregard for the dignity and rights of the individual, for the interests and welfare of the French nation as a whole. Although the royal power, using the policies of mercantilism and protectionism for its own selfish purposes, inevitably spurred capitalist development, absolutism never set as its goal the protection of the interests of the bourgeoisie. On the contrary, he used the full power of the feudal state in order to save the feudal system, doomed by history, along with the class and estate privileges of the nobility and clergy.
The historical doom of absolutism became especially obvious in the middle of the 18th century, when a deep crisis of the feudal system led to the decline and disintegration of all links of the feudal state. Judicial and administrative arbitrariness has reached its extreme limit. The royal court itself, which was called the “grave of the nation,” became a symbol of senseless waste and pastime (endless balls, hunts and other entertainments).
Strengthening royal power. Supreme political power under an absolute monarchy passes entirely to the king and is not shared with any government bodies. To do this, the kings needed to overcome the political opposition of the feudal oligarchy and the Catholic Church, eliminate class-representative institutions, create a centralized bureaucratic apparatus, a standing army, and police.
Already in the 16th century. The Estates General practically cease to function. In 1614 they convened for the last time, were soon dissolved and did not meet again until 1789. For some time, the king gathered notables (feudal nobility) to consider projects of important reforms and resolve financial issues. In the 16th century (according to the Concordat of Bologna in 1516 and the Edict of Nantes in 1598), the king completely subjugated the Catholic Church in France.
As a kind of political opposition to royal power in the 16th-17th centuries. The Parisian Parliament spoke, which by this time had become a stronghold of the feudal nobility and repeatedly used its right of remonstration and rejected royal acts. A Royal Ordinance in 1667 established that restoration could only be declared within certain period after the king issues an order, and repeated reconstruction is not allowed. In 1668, King Louis XIV, appearing at the Paris Parliament, personally removed from its archives all the protocols relating to the Fronde period, i.e. to the anti-absolutist protests of the mid-17th century. In 1673, he also decided that parliament did not have the right to refuse registration of royal acts, and remonstration could only be declared separately. In practice, this deprived Parliament of its most important prerogative - to protest and reject royal legislation.
The general idea of the king's power and the nature of his specific powers also changed. In 1614, at the proposal of the “Estates General”, the French monarchy was declared divine, and the power of the king began to be considered sacred. A new official title for the king was introduced: “King by the Grace of God.” The ideas about the sovereignty and unlimited power of the king are finally established. Increasingly, the state begins to be identified with the personality of the king, which found its extreme expression in the statement attributed to Louis XIV: “The state is me!”
The idea that absolutism was based on divine right did not mean the perception of the idea of the personal power of the king, much less identifying it with despotism. Royal prerogatives did not go beyond the legal order, and it was believed that “the king works for the State.”
In general, French absolutism was based on the concept of an inextricable connection between the king and the state, the absorption of the former by the latter. It was believed that the king himself, his property, his family belonged to the French state and nation. Legally, the king was recognized as the source of any power that was not subject to any control. This, in particular, led to the consolidation of the king’s complete freedom in the field of legislation. Under absolutism legislature belongs only to him alone according to the principle: “one king, one law.” The king had the right of appointment to any state and church office, although this right could be delegated to lower officials. He was the final authority in all matters of public administration. The king made the most important foreign policy decisions, determined the economic policy of the state, established taxes, and acted as the highest manager of public funds. Judicial power was exercised on his behalf.
Creation of a centralized management apparatus. Under absolutism, the central organs grew and became more complex. However, the feudal methods of governance themselves prevented the creation of a stable and clear state administration. Often the royal power created new government bodies at its own discretion, but then they aroused its displeasure and were reorganized or abolished.
In the 16th century positions appear secretaries of state, one of whom, especially in cases where the king was a minor, actually performed the functions of the first minister. Formally, there was no such position, but Richelieu, for example, combined 32 government posts and titles in one person. But under Henry IV, Louis XIV, and also under Louis XV (after 1743), the king himself led the government of the state, removing from his entourage persons who could have great political influence on him.
Old government positions are eliminated (for example, constable in 1627) or lose all significance and turn into mere sinecures. Only retains its former weight chancellor, who becomes the second person in government after the king.
The need for a specialized central administration led at the end of the 16th century. to an increasing role secretaries of state, who are entrusted certain areas departments (foreign affairs, military affairs, maritime affairs and colonies, internal affairs). Under Louis XIV, secretaries of state, who initially (especially under Richelieu) played a purely auxiliary role, became closer to the king and acted as his personal officials.
Expanding the range of functions of state secretaries leads to rapid growth central apparatus, to its bureaucratization. In the 18th century the positions of deputy secretaries of state are introduced, with them significant bureaus are created, which in turn are divided into sections with strict specialization and hierarchy of officials.
At first he played a major role in central administration superintendent of finance(under Louis XIV it was replaced by the Council of Finances), and then Comptroller General of Finance. This post has been purchased great value starting with Colbert (1665), who not only compiled the state budget and directly supervised the entire economic policy of France, but practically controlled the activities of the administration and organized work on the drafting of royal laws. Under the Comptroller General of Finance, over time, a large apparatus also emerged, consisting of 29 different services and numerous bureaus.
The system of royal councils, which performed advisory functions, was also subjected to repeated restructuring. Louis XIV created in 1661 Big tip, which included the dukes and other peers of France, ministers, secretaries of state, the chancellor, who presided over it in the absence of the king, as well as specially appointed state councilors (mainly from the nobles of the robe). This council considered the most important state issues (relations with the church, etc.), discussed draft laws, in some cases adopted administrative acts and decided the most important court cases. To discuss foreign policy affairs, a narrower composition was convened Upper Council where secretaries of state for foreign and military affairs and several state advisers were usually invited. Council of dispatches discussed issues of internal management, made decisions related to the activities of the administration. Finance Council developed financial policy, sought new sources of funds for the state treasury.
Local administration was particularly complex and confusing. Some positions (for example, lords) were preserved from the previous era, but their role was steadily declining. Numerous specialized local services have appeared: judicial management, financial management, road supervision, etc. The territorial boundaries of these services and their functions were not precisely defined, which gave rise to numerous complaints and disputes. The peculiarities of local administration often stemmed from the preservation in some parts of the kingdom of the old feudal structure (the boundaries of the former seigneuries) and church land ownership. Therefore, the policy of centralization pursued by the royal power did not affect equally the entire territory of France.
IN early XVI V. as the body that carried out the policy of the center on the ground, were governors. They were appointed and removed by the king, but over time these positions ended up in the hands of noble noble families. By the end of the 16th century. the actions of governors in a number of cases became independent of central government, which contradicted the general direction of royal policy. Therefore, gradually the kings reduce their powers to the sphere of purely military control.
To strengthen their positions in the provinces, starting from 1535, kings sent commissioners there with various temporary assignments, but soon the latter became permanent officials inspecting the court, city administration, and finances. In the second half of the 16th century. they are given a title quartermasters. They no longer acted simply as controllers, but as real administrators. Their power began to acquire an authoritarian character. The Estates General in 1614, and then assemblies of notables protested against the actions of the intendants. In the first half of the 17th century. the powers of the latter were somewhat limited, and during the period of the Fronde, the post of intendant was generally abolished.
In 1653, the intendant system was again restored, and they began to be appointed to special financial districts. The intendants had direct connections with the central government, primarily with the Comptroller General of Finance. The functions of the quartermasters were extremely broad and were not limited financial activities. They exercised control over factories, banks, roads, shipping, etc., and collected various statistical information related to industry and agriculture. They were entrusted with the responsibility of maintaining public order, monitoring the poor and vagabonds, and fighting heresy. The quartermasters monitored the recruitment of recruits into the army, the quartering of troops, providing them with food, etc. Finally, they could intervene in any judicial process, conduct investigations on behalf of the king, and preside over the courts of the bailage or seneschalship.
Centralization also affected city government. Municipal councilors (eshwens) and mayors were no longer elected, but were appointed by the royal administration (usually for an appropriate fee). There was no permanent royal administration in the villages, and lower administrative and judicial functions were assigned to peasant communities and community councils. However, in the conditions of the omnipotence of intendants, rural self-government already at the end of the 17th century. is falling into disrepair.
Judicial system. Despite the increasing centralization of the judicial system, it also remained archaic and complex. In some parts of France until the 18th century. Seigneurial justice was preserved. Royal ordinances only regulated the procedure for its implementation. Sometimes kings bought out the seigneurial right of court, as in 1674 in the seigneuries adjacent to Paris. Independent system were church courts, whose jurisdiction was already limited mainly to intra-church matters. There were also specialized tribunals: commercial, banking, admiralty, etc.
The system of royal courts was also extremely confusing. The lower courts in prevotships by the middle of the 18th century. were liquidated. The courts in the balyazhs remained, although their composition and competence were constantly changing. Important role, as before, the Parisian Parliament and judicial parliaments in other cities played. To relieve parliaments from growing appeals A royal edict in 1552 provided for the creation of special courts of appeal in a number of the largest courts for the consideration of criminal and civil cases.
Germany.
The end of the 15th - first half of the 16th century. in Germany - a period of economic prosperity. However, economic development occurred somewhat differently than in England and France. Not a single city in Germany has turned into such an economic center of the country as, for example, London in England was. The economic development of Germany was characterized by great unevenness among its individual regions. While in England and France the development of trade and industry led to centralization, in Germany this process led to the consolidation of interests in individual lands around local centers, which contributed to political fragmentation. The Reformation and the Peasant Warrior. Reformation in the first half of the 16th century. To all the conditions that separated Germany, she added one more thing - religion. Germany split into Protestant (north) and Catholic (south) parts. The Reformation was accompanied by social movements, the most significant of which was the Peasants' War of 1524-1526. As a result of this war, part of the clergy and nobility was ruined; the princely cities, whose population participated in the war, lost their privileges and became completely dependent on the princes. Objectively, the rebels faced two tasks: the elimination of feudal exploitation and the political unification of the country. A positive solution to these problems could contribute to Germany's transition to the path of bourgeois development. Therefore, the position of the German burghers acquired decisive importance, but it turned out to be unable to lead the anti-feudal uprising. The peasant war brought benefits only to the princes. The princely power strengthened due to the weakening of the cities, the impoverishment of part of the nobility, who suffered during the Peasant War and were forced to seek support from the princely power. The princes also subjugated the new Protestant clergy. Thirty Years' War. The Thirty Years' War (1618-1648), which was fought under the religious slogans of the struggle between Catholics and Protestants, solved political problems: the North German princes fought against the strengthening of imperial power and the creation of a single nation state. The struggle ended in victory for the princes, and their power increased even more. They became almost independent of the imperial power. According to the Peace of Westphalia, princes received the right to enter into alliances not only with each other, but also with foreign countries. The Peace of Westphalia led to the complete triumph of particularism in the German political system. Within the principalities, the power of the princes continued to strengthen. History of state and law foreign countries. Part 1 / ed. O.A. Zhidkova. ON THE. Krashennikova. M., 1999. .
Estate-representative institutions in most principalities ceased to exist, and in the rest they fell into decay. Princely absolutism. In the 17th century In the German principalities, absolutism was established, differing from the centralized absolute monarchies of the West in the following features. Firstly, like the estate-representative monarchy, absolutism did not develop within the entire empire, which remained decentralized, but within individual princely domains. Secondly, princely absolutism was an expression of the complete triumph of feudal reaction, its victory over the bourgeois movement and the subordination of the weak German bourgeoisie to the princes, while in other countries the establishment of absolutism was the result of a temporary balance of forces between the nobility and the bourgeoisie. The largest absolutist states of the empire were Prussia and Austria. Prussia gradually emerged from separate lands, sometimes geographically not even touching each other. In the 18th century Prussia becomes an absolute monarchy. The administration of Prussia was centralized. The highest governing body, the Privy Council, was supposed to unify management. However, this task faded into the background when the Privy Council was divided into three independent departments: foreign affairs, justice and internal affairs, which became the main governing body. The Department of Internal Affairs, which was called the “General Directorate of Finance, Military Affairs and Domains,” was subordinate in individual provinces to military and domain chambers that oversaw the conduct of military and domain affairs. Along with them, there were Landrats - zemstvo councils appointed by the king from among the nobles. recommended by noble assemblies. Members of the Landrat presided over noble meetings. Landrats, together with noble committees, were in charge of the affairs of their class, i.e. were class institutions. At the same time, the Landrat were entrusted with national functions, i.e. they were bodies of central government and were involved in collecting taxes, managing the police, and recruiting. Members of the city councils (magistrates), who managed the affairs of the city, were appointed by the government. Landowners owned the patrimonial police and justice, as well as patronage of the church and school. In free peasant communities, management was carried out by elders who were elected by the village assembly or held their positions according to property qualifications, sometimes hereditarily. The Prussian state, governing with the help of a hierarchically organized bureaucracy, sought to take under its guardianship, which sometimes reached the point of pettiness, social life in all its manifestations, and lead it, suppressing the slightest attempts at public initiative. The intervention of government authorities in public life has become comprehensive. In this sense, the Prussian state can be called a police state. Austrian enlightened absolutism. In the 18th century In Western Europe, the “enlightenment movement” developed, based on the works of a whole galaxy of philosophers of that time: Voltaire, Rousseau, Diderot, Montesquieu, etc. Enlightenment philosophers substantiated the need to break the old state and social foundations. Under the influence of educational literature, the rulers of a number of states carried out reforms aimed at some renewal of social and political system. The spread of Enlightenment ideas occurred during the period of absolutism. The combination of the unlimited power of monarchs with their desire to implement the reforms recommended by Enlightenment philosophers acquired the name of the policy of enlightened absolutism. An example of such a policy is the policy of Austria. Austria was a multinational state, which in the 18th century. unlike the strengthening Prussia, it was experiencing difficult situation. This was due to the struggle for the throne. After the death of Charles VI, the only heir to the throne was his daughter Maria Theresa, but German law prohibited inheritance through the female line. Maria Theresa had to gain power in the fight against Prussia and Bavaria. The war revealed the weaknesses of the Austrian state, primarily in the organization of the army. Therefore, having become the head of Austria, Maria Theresa began her reforms in the military sphere. A recruitment system was introduced. To train officers, it was established military Academy. Serfdom was limited: corvee was reduced, state control was introduced over the judicial power of landowners, and collections of civil and criminal law were created. Financial reform was expressed in the introduction of universal income tax based on the general population census. Considerable attention was paid to education: schools, special educational establishments. All these reforms were accompanied by the centralization of the state apparatus and the abolition of the remnants of the estate-representative monarchy. Maria Theresa's work was continued by her son Joseph III, who was elected Emperor of Germany in 1765. Joseph II abolished serfdom. A set of laws was created that took into account the demands of educators in the field of legal proceedings: judicial torture was abolished, the use of death penalty. School education was given a secular direction. Church reform limited the privileges of the Catholic Church, and an edict of toleration was adopted. The state provided support to agriculture and industry; many internal trade duties were eliminated and duties on imported goods were increased; New industrial establishments are exempt from taxes for 10 years. Strictly centralized management was introduced, and differences between regions were eliminated. Dissatisfaction with the methods of implementing reforms on the part of both social and national forces led to mass protests against the ongoing reforms. Before his death, Joseph II reversed all his reforms. But those innovations that managed to produce results significantly advanced Austria in development and created the ground for the establishment of capitalist relations.
Absolute monarchy was established in England, as in other countries, during the period of the decline of feudalism and the emergence of capitalist relations of production. At the same time, English absolutism had its own characteristics, due to which it received the name “incomplete” in literature. political form in England, it meant the preservation of political institutions characteristic of the previous era, as well as the absence of some new elements typical of classical French absolutism.
The main feature of the English absolute monarchy was that, along with strong royal power, parliament continued to exist in England. Other features of English absolutism include the preservation of local self-government, the absence in England of such centralization and bureaucratization of the state apparatus as on the continent. England also lacked a large standing army.
The central bodies of power and administration during the period of absolute monarchy in England were the king, the Privy Council and Parliament. During this period, real power was concentrated entirely in the hands of the king.
The King's Privy Council, which finally took shape during the period of absolutism, consisted of the highest officials of the state: the Lord Chancellor, the Lord Treasurer, the Lord Privy Seal, etc.
The strengthened royal power was unable to abolish parliament. Its stability was a consequence of the alliance of gentry and bourgeoisie, the foundations of which were laid in the previous period. This union did not allow the royal power, using the discord between classes, to eliminate representative institutions in the center and locally. Grafsky V.G. General History of State and Law. M., 2003.
The supremacy of the Crown in relations with Parliament was formalized by the Statute of 1539, which equated the King's decrees in Council with the laws of Parliament. Although Parliament formally repealed this statute in 1547, the crown's dominance over Parliament was effectively maintained.
Parliament continued to retain the prerogative of approving the amounts of fees and taxes. Parliament's opposition to the establishment of new taxes forced the English kings to resort to loans, the introduction of duties on the import and export of goods, and the issuance of privileges to companies for the exclusive right to trade (so-called monopolies) in exchange for large cash payments. These actions were sometimes resisted by Parliament, but its ability to influence royal policy was weakened during this period.
Due to the rapid colonization of non-English territories of the British Isles, the English system of government gradually spread throughout Britain. In 1536-1542. Wales was finally integrated into the English state. In 1603, the northeastern province of Ireland, Ulster, came under the authority of the English crown. Since 1603, as a result of dynastic succession to the throne, Scotland began to be in a personal union with England (under the rule of one king). In fact, this association was nominal, and Scotland retained the status of an independent state entity. .
During the period of absolutism, the supremacy of royal power over the English Church was finally established. In order to establish a church in the country subordinate to royal power, the Reformation was carried out in England, which was accompanied by the seizure of church lands and their transformation into state property (secularization). The Parliament of England under Henry VIII from 1529 to 1536 passed a number of laws declaring the king the head of the church and giving him the right to nominate candidates for the highest church positions. At the end of the 16th century. the content of the doctrine was established by law new church, as well as the order of worship. Thus, the so-called Anglican Church ceased to depend on the Pope and became part of the state apparatus.
The highest church body in the country was High commission. Along with clergy, it included members of the Privy Council and other officials. The commission's powers were extremely broad. She investigated cases related to violations of laws on the supremacy of royal power in church affairs, “disorders of a spiritual and ecclesiastical nature.” The main task of the commission was to fight opponents of the reformed church - both Catholics and supporters of the most radical and democratic forms of Protestantism (for example, Presbyterianism, which took root in Scotland). Any three members of the commission, if there was one bishop among them, had the right to punish persons who did not attend church, suppress heresies, and remove pastors. Subsequently, a number of purely secular cases were assigned to the jurisdiction of the High Commission - about vagabonds in London, about censorship, etc. The reformed church, retaining many features of Catholicism both in structure and in worship, turned into a body, one of whose tasks was to promote the theory of the divine origin of the king's power.
With the establishment of absolutism, the system of local government bodies became more harmonious, and their dependence on the Central authorities increased. The main changes in local government during this period were expressed in the establishment of the post of Lord Lieutenant and the administrative registration of the local unit - the church parish. The lord lieutenant, appointed directly to the county by the king, led the local militia and supervised the activities of justices of the peace and constables.
The parish was a grassroots self-governing unit that combined the functions of local church and territorial administration. A meeting of parishioners who paid taxes decided on the distribution of taxes, repair of roads and bridges, etc. In addition, the meeting elected parish officials (church wardens, overseers of the poor, etc.). The conduct of church affairs in the parish was carried out by the parish rector. All its activities were placed under the control of magistrates, and through them - under the control of county governments and central authorities. The quarterly sessions of justices of the peace became the highest authorities on all matters relating to the administration of parishes. The county assemblies, still surviving from the previous period, are finally losing their importance. General history of state and law / Ed. K.I. Batyr. M., 1999.
Under absolutism, the structure and jurisdiction of the central Westminster courts, including the Court of Justice and the High Court of Admiralty, were finally formed. However, in addition to them, emergency courts are created, such as Star Chamber and judicial councils in "rebellious" counties. Star Chamber as special department The Privy Council was a weapon in the fight against opponents of royal power (initially - against rebellious feudal lords). The proceedings in it were mainly inquisitorial in nature, and decisions were made at the discretion of the judges. Subsequently, the Star Chamber also began to perform the functions of a censor and a supervisory body over the correctness of jury verdicts. Judicial councils, subordinate to the Privy Council, were created in those areas of England where “public peace” was often disturbed (Wales, Scotland).
During the period of absolutism, the judicial competence of magistrates expanded. All criminal cases were ordered to be tried by traveling and magistrate judges after confirmation of the indictment by the grand jury. Jurors were included in the court composition. The property qualification for juries under the law of Elizabeth 1 was increased from 40 shillings to 4 pounds sterling.
The basic principles of army organization have changed slightly. During the establishment of the absolute monarchy, Henry VII (1485-1509), in order to undermine the final military power of the old aristocracy, passed a law prohibiting feudal lords from having a retinue and established the crown's monopoly on the use of artillery pieces. Reader on the general history of state and law / ed. Z.M. Chernilovsky. M., 1994.
The abolition of the armed forces of large feudal lords in England did not entail the creation of a permanent royal army. The fortress guards and royal guards remained small in number. The land army continued to be based on militia in the form of militia units.
The English state, occupying an island position, needed a strong force to protect its territory. navy. The navy became the basis of England's armed forces, a tool for domination of the seas and the colonization of other territories.
List of used literature
1. General history of state and law / Ed. K.I. Batyr. M., 1999.
2. Grafsky V.G. General History of State and Law. M., 2003.
3. History of the state and law of foreign countries. Part 1 / ed. O.A. Zhidkova. ON THE. Krashennikova. M., 1999.
4. Livantsev K.E. History of the medieval state and law. St. Petersburg, 2000.
5. Reader on the general history of state and law / ed. Z.M. Chernilovsky. M., 1994.
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Monarchy as a form of government is very heterogeneous and is reflected over the centuries by its own flexibility and variability, because of which it managed to “survive” in modern developed democratic states. Let's look at the most ancient types of monarchies.
Patriarchal monarchy
It is characteristic of traditional societies and directly stems from the formation of the family principle (the standard monarch is perceived as a subject of his own subjects).
The patriarchal monarchy, like the sacred one, has one ancient custom - the use of royal sacrifice. The king voluntarily sacrifices for the salvation of his people. A legacy of this kind is noted in Graves's classic work, Greek Mythology. Graves writes that the memory of the king’s sacrifice reached Greek as well as Roman civilizations, but in a replaced form (i.e., rituals were preserved).
The depth of the royal sacrifice, the memory of which has formed in the minds of people over thousands of years, in the best possible way confirms the royal sacrifice made by Jesus Christ - it is used in Christian theology.
Sacred monarchy
A sacred monarchy is a monarchy where the primary tasks of the monarch are priestly. It is often associated with a patriarchal monarchy. From biblical, as well as Roman material, it is clear that the president of a patriarchal family was a family priest. Sacred monarchies are often associated with typical societies. A similar sacred monarchy in Dr. and the Middle Kingdom of Egypt, where the key function of the pharaoh was the priesthood.
The centuries-old history of sacred monarchies contributed to the relative sacralization of each monarchical power: the formation of the principle of the sacredness of the king and even the blood of the king. In the Middle Ages, the French considered royal blood so sacred that non-legitimate royal descendants were considered princes of the blood. And they gave birth to these princes of the blood, apparently and invisibly. However, there were also very decent people among them. This is not typical for monarchical custom.
Despotic monarchy
In Greek, "despot" means "lord", "master". A despotic monarchy is formed in paramilitary associations. When a sacred monarch is a priest by origin, while a despotic one is a general. In despotic monarchies we notice a really significant monarchical power according to the protection of the sense of self-advantage and the rights of the subjects. As they said, subjects in these monarchies are a people-army.
Classic despotic monarchs were the Assyrian king, the Armenian king of the Early Middle Ages, and the khan of the Turkic or Mongol horde.
Estates-representative monarchy
This type of monarchy is the most common in history. The estate-representative monarchy operates in estate associations, is a rule for the organization of representative powers, where closed social groups operate - estates, from which the deputies themselves are elected. In Western Europe, the earliest class-representative monarchies appeared in the 12th century. In most European countries, this monarchy existed right up to the beginning. twentieth century, when it finally took over the place of state representation.
For Eastern Aryan communities, it is typical for the king to be included in the class, but not in the highest class, but in the second class - in the military.
On the contrary, in the Western tradition of class societies, the monarch was considered above the class. One might even think that in Archaean communities the aristocracy was stronger than the monarchy, but the royal family separated and became isolated.
In the same way, in the custom of pre-Mongol Rus', princes were considered a peculiarly separate class, which was removed from the aristocracy - the boyars.
It should be noted that the monarchy is undoubtedly useful for class communities, since the monarchical principle allows the head of the state to be made supra-class, and therefore made an arbiter in situations of inter-class conflicts.
IN best moments time in Russian history, we have the opportunity to contemplate a class monarchy. With the formation of a united Russia, we switched to an estate-representative monarchy (in the 16th-17th centuries, the tsar led the Boyar Duma, as well as the estate representative - the Zemsky Sobor).
The opinion of historians has been popularized that the representation of estates and thus estate-representative monarchies are formed in the course of the struggle for the grouping of states against feudal division. There are often references (typical for Western Europe) that kings competed with large feudal lords, based on a parliament of minor nobility and townspeople.
Such trends can also be noted in the history of the Russian Federation. Formation of the estate-representative monarchy in modern history occurred during the formation of Rus' as a common state, which only contributed to its strengthening. It no longer functions, but in some countries its remnants, secured by state authority, have been preserved. Estate representation is the principle of organizing representative powers, in accordance with which deputies of representative institutions reflect not the entire population of the state or its individual territorial elements, but closed social groups - estates, from which these deputies are actually elected.
Estate representation was historically the first system of representation (in Western Europe, the first estate-representative monarchies were noted back in the 12th century) and existed in most European states right up to the beginning of the 20th century, when it finally ceded the territory to national representation. In our time, a rudiment of the class type is, for example, the House of Lords of the English Parliament, where hereditary, as well as personal spiritual and secular lords, that is, representatives of the clergy and nobility, sit.
From this we can conclude that parliaments arose during the struggle for the unity of the state. 1st dated in the West. Europe Parliament - Cortes of Castile (1185). The first dated experience of parliamentarism in Russian history is the Zemsky Sobor of Vsevolod III - the Big Nest (1211), i.e. our parliament is 54 years older than the English one, which was convened for the first time in 1265. Estate-representative monarchies dominate in the West. Europe XIII-XVI centuries. In Russian history, this form of government has been around since the beginning. XVI and until the end of the XVII century However, strictly speaking, an estate-representative monarchy is already a composite legal system.
Absolute monarchies
Absolute monarchy is a variant of the monarchical form of government, which is characterized by the legal and real concentration of the absolute completeness of the state. power, and spiritual power in the domains of the monarch.
The principle of absolutism is associated with three famous historical aspects: bureaucratization, departure from foundations and statism.
A large country is characterized by either a monarchy with an aristocracy, or a monarchy with democracy. When they are absent, then monarchy with bureaucracy cannot be avoided. France, as a bureaucratic country, was the leader of Western Europe. In the 17th century it became a state of classical absolutism.
Absolute monarchy is associated with anti-Christian aspects of the Renaissance, and the Enlightenment as a whole is devoted to the de-Christianization of Western European culture. There was a so-called “enlightened absolutism”, which, I suspect, means only one thing: an absolute monarch sits on the throne, in whose ear one of the close “enlightenment” people whispers excellent advice.
During the Enlightenment, there was a rule of social agreement in the Hobbesian version (the Leviathan principle). Its essence is that for the nobility or other classes, powers are once and for all delegated to the country, and subjects can only obey. It was this rule that was formed in absolutism.
Today, there are eight absolute monarchies in the world: Bahrain, Brunei, Vatican City, Qatar, Kuwait, UAE, Oman, Saudi Arabia, Kuwait, Qatar. In past decades, reforms have been carried out in certain of these states, but they have not yet changed the absolute nature of monarchies.
A specific type of absolute monarchy is reflected by an absolute theocratic monarchy - any form of state organization. authority under which it belongs to the church hierarchy. A variation of this monarchy is the Vatican, where legislative, executive, and judicial power is assigned to the Pope, who is always elected by the College of Cardinals.
The Vatican is a city-state located in Rome, on Monte Vaticano. Territory 0.44 square km. Outside the country, in Rome, according to the rules of extraterritoriality, there are thirteen buildings and the Gandolfo Castle.
The Vatican is an absolute theocratic monarchy. The head of the country is the Pope, elected until the end of his life by the College of Cardinals. Since October 16, 1978, John Paul II has been on the throne. It is characterized by legislative as well as judicial power. The tasks of the Prime Minister are carried out by the Secretary of State. The administrative leadership of the territory is carried out by a governor, who is appointed by the Pope. The supreme advisory bodies are the Council of the Roman Catholic Church (convened in 1962 - 1965), the College of Cardinals, the Episcopal Council. Experienced leadership of religious, socio-political and economic activity produced by the Roman Curia. It includes a secretariat, a government committee. issues, ten congregations and other services. The residence is protected by the Swiss Papal Guard. The population is 870 people, who mainly serve in government agencies and museum workers.
About 400 people have Vatican citizenship. The state religion is Catholicism. Official languages such as Latin and Italian.
The Vatican has enormous capital. His deposits in Italian banks amount to about 32,000 billion lire. Vatican owns securities many companies in the electronics, chemical, and food industries around the world. The Vatican's assets in the United States of America are estimated at $40 billion. The Vatican is a serious land owner. A significant share of income is introduced into the Vatican in the form of taxes on the church, profits from imported tourism, and the sale of postage stamps.
Until 1870, the sphere of central Italy, including Rome, was under the control of the Popes. In 1870, troops of the Kingdom of Italy entered the territory of the papal sphere and annexed it to the rest of Italy. Only the western region of the Italian capital, the Vatican, was under the authority of the Popes. In 1929, the Lacterano Agreements were signed between Italy and the Vatican. They regulated state and economic relations between the parties. The agreement is still in force today.
Constitutional monarchies
A constitutional monarchy is a special type of monarchical type of government, in which the power of the monarch is limited by the constitution, there is an elected legislative body - parliament, and independent courts. This monarchy first appeared in Great Britain in the 17th century as a result of the bourgeois revolution. The characteristic institutions of this type of monarchy are the so-called countersignature and civil list.
A countersignature is the sealing of an act of the monarchy with the signature of the head of government or a minister, which means that the minister who signed it bears legal as well as political responsibility for this act. Formally, it is interpreted by the fact that the monarch, as the leader of the country, is not responsible for his own actions. The countersignature was introduced in England in the beginning. XVIII century as an effective means of limiting the power of the king. It is the emergence of the countersignature that can be considered a factor in the final victory of the monarchy in England, as in other countries.
The civil list is the amount of money allocated annually to support the monarch in constitutional monarchies. The amount of this amount is formed by law at the beginning of any reign and can then be increased, but not reduced.
According to the degree of limitation of the monarch's powers, the constitution distinguishes between dualistic and parliamentary monarchies.
Dualistic monarchy
A dualistic monarchy is considered a historically transitional type from an absolute monarchy to a parliamentary one. The power of the monarch is limited by the constitution. In a dualistic monarchy, the leadership formally bears second responsibility to the monarch and parliament, but in reality, most often, it submits to the will of the monarch. The form of government that existed in Russian Empire from October 17, 1905 until the revolution in February 1917, and in the Kaiser's Germany. Today, there are dualistic monarchies in Morocco, Jordan, Thailand, Nepal, and Malaysia.
Legislative power belongs primarily to parliament, which is elected by subordinates or a certain part (if the right to vote is qualified). Executive power is vested in the monarch, who can exercise it directly or through his elected government. Judicial powers belong to the monarch, but may be more or less independent.
But the separation of powers under this form of government is usually curtailed. Although laws are approved by parliament, the monarch uses the right of absolute veto (from the Latin veto -- I forbid it). This act prevents the legislation from taking effect. The monarch in a dualistic monarchy has the unlimited right to sign decrees, that is, he can issue certain decrees that have the force of a legislative act. And most importantly, it can free parliament, replacing a truly dualistic monarchy with an absolute one. For example, in Jordan, as a result of the dissolution of parliament in 1974, the next parliamentary elections took place only in 1989.
The government, when there is one, is responsible for its work only to the monarch, but not to parliament. The latter should influence the government only by using his principle to set the state budget. This instrument, although quite strong, can be used only once a year, and deputies, entering into conflict with the government or, through it, with the monarch, cannot help but feel the constant threat of dissolution of parliament.
Like an absolute monarchy, a dualistic monarchy is characterized by an authoritarian political regime. The national regime can be described as a limited dualism of power. A dualistic monarchy is a reflection of a compromise between the ruling elite of society and the rest of it, in which predominance still remains with the monarch and those around him.
Parliamentary monarchy
Compared to the dualistic one, the parliamentary monarchy is considered a fairly popular form of government. It operates today in many countries around the world. A parliamentary monarchy is described by the fact that the monarch does not have real rights to govern the country. The powers are predominantly representative in nature. Moreover, he has the unique task of a state notary, sealing all the most important national acts with his own signature.
The power of the monarch may also include certain “reserve”, so-called dormant advantages in case of probable socio-political crises.
The monarch does not receive a salary. Money to provide for the monarch and family is allocated every year as an independent line in the national budget and this line is called the “civil list”.
Above I discussed the main types of monarchies. However, in modern reality there are also atypical types of monarchy. For example, the “elected” monarchy in Malaysia, the “collective” monarchy in the UAE and the monarchy based on the principle of “personal union”.
Self-directed education states in France was a consequence of the collapse of the Frankish Empire, which was legislated in 843 by Verdun agreement. Under this treaty, Charles the Bald received lands west of the Rhine. He actually became the first French king, although the term “France” itself appeared only in the 10th century. It should be noted here that after the collapse of the Frankish Empire, France inherited all the processes of feudal fragmentation that took place in recent years in the Frankish Empire. Therefore, talking about the lands of Charles the Bald as some kind of centralized state can only be conditional, for they were a conglomerate of a huge number of free seigneurial possessions.
The most important prerequisite for the increasing role of royal power was the victory of King Philip IV in a long conflict with the popes for political supremacy, as a result of which the popes were directly dependent on the French kings (the so-called Avignon captivity of the popes 1309-1378).
The victory of the French crown over the papacy, the gradual elimination of significant rights feudal lords were accompanied in the XIV-XV centuries. the steady increase in the authority and political weight of royal power.
There was a change happening legal status a king who had power throughout the entire country.
In 1302, a new highest class representative body was created - Estates General.
At the beginning of the 14th century. Representatives of the estates of all regions of the royal domain were convened several times, and each time the reason for the convening was of a political nature. But as generally accepted state institute The Estates General was established mainly in connection with the Hundred Years' War with England, when regular financial assistance was required for the entire country.
Around the middle of the 14th century. the structure of the Estates General became a unique reflection of not only the social composition of France, but also the different political weight of the estates. All three classes received seats in this body. The first chamber consisted of the clergy. The second chamber was made up of the nobility, which sent its elected representatives. Deputies from the “good cities” were called to the third chamber (the term “third estate” appeared only at the end of the 15th century). These were mainly mayors and members of municipalities, i.e. again, ex officio representatives of the wealthy part of the urban population.
Gradually, the order of work of the three estates was developed. Initially, the king sought the opinion of each class separately. Subsequently, each chamber retained only one vote, but a majority vote was required to make a decision within the chamber.
The frequency of convening the Estates General was not established. Each convocation was individual, and the issues on the agenda were determined exclusively by the king. Most often, the reason for convening was the absence finance, and the kings turned to the estates with a request for one-time financial assistance or permission for the next tax, which could only be collected within one year.
The importance of the Estates General greatly increased in 1357, when there was an uprising of the townspeople in Paris and the capture of the king. The Dauphin (heir to the throne) appealed to the Estates General with a request to allocate money for the king's ransom. In response to this request, representatives of the third estate put forward an entire program of reforms, called the “Great March Ordinance.” Its full text included 67 articles, which provided for a significant strengthening of the power of the Estates General in government, financial, judicial and administrative fields. The Great Ordinance of March was highest point development of the Estates General during the period of the estate-representative monarchy in France, but it operated for only a year and a half.
Central and local government. Changes in the organization of power were reflected in the fact that the apparatus of the royal administration turned from a domain one into a national one. Of the previous court positions, only the chancellor retained its importance. The rest passed into the category of court titles. On the basis of the royal curia, a Great Council was created, which included legalists and 24 representatives of the highest secular and spiritual nobility. It met once a month and its powers were purely advisory.
As royal power strengthened, local government centralized. Large administrative districts in the north of France, as before, were called balyages, headed by baileys. However, since the end of the 15th century, kings have directly appointed lieutenants to these districts. Many court cases come under their jurisdiction. In the south, similar districts were headed by seneschals.
In an effort to centralize local government, the kings introduced new positions of governors with broader powers, which often replaced the bailiffs. Since the 14th century the positions of lieutenant generals appeared, heading several balyages, which at the end of the 15th century. began to be called a province.
Absolute monarchy
The strengthening of private entrepreneurial activity in the city and countryside left its mark on the economic and political life of France. Trade has increased significantly, except for workshops enterprises, capitalist manufactories appeared. Under the new conditions, the economic power of the nobility weakened, and classes of the bourgeoisie and proletariat were formed. The French nation was taking shape. The disintegration of the old feudal estates and the formation of the bourgeois class were the main prerequisites for the establishment absolute monarchy. During the period of absolutism, the third estate finally took shape, in which the bourgeoisie played the main role. But as before, the formula was applied: “The clergy serves as prayer, the nobility as a sword, the third estate as property.”
The first estate was considered the clergy, who “prayed for everyone.” Their number reached 130 thousand, of which more than 20 thousand were monks and nuns. The Church was a large land owner. total amount income, which she received from the lands that belonged to her, was several times higher than the state budget France. The clergy had a number of privileges. It was exempted from a number of duties: recruitment into the army, payment taxes, had right on your own court and your administration. The supreme ruler of the priests and nuns of the Catholic Church was the Pope. Clergymen could not marry, and nuns could not marry.
The clergy was divided into two groups. The highest of them included archbishops, bishops, and rectors of cathedrals. The other group was the parish urban and rural clergy.
The second estate was considered the nobility, which “fought for everyone.” This class was not homogeneous and consisted of large, medium and small nobles. The former occupied the highest positions at court, as well as in the military and civil services. The small and middle nobility were the support monarchy. All nobles did not pay taxes, and received estates (flax) for their service. In addition, they were given salaries, gifts, pensions. They were called nobles of the sword, i.e. well-born nobility. In addition to the noble nobility since the 15th century. the so-called “nobility of the robe” was formed. The third estate included townspeople and peasants who were obliged to “work for everyone.” They made up the overwhelming majority of the French population. This class was very heterogeneous. A significant part of the third estate was the peasantry. During the period of absolute monarchy, the differences between the serfs and the villans were erased. With the penetration of commodity-money relations into the villages, wealthy farmers, tenants, and agricultural workers emerged from the peasants.
Political system. The establishment of absolutism in France occurred under the kings Henry IV (1589-1610) and Louis XIII (1610-1643), and reached its peak during the reign of Louis XIV (1643-1715). All these kings paid great attention to improving the system of higher and local authorities authorities, the main result of which was the strengthening of royal power and increased centralization of bodies management.
The general idea of royal power also changed. In 1614, at the proposal of the Estates General, the French monarchy was declared divine, and the power of the king was considered sacred. Here the ideas about the sovereignty and unlimited power of the king are finally established.
From the 16th century the kings practically stopped convening the Estates General. In the 17th century they were convened only once in 1614. During the period of absolutism, kings did not need a representative body, because usurped all their powers.
The government of the country was concentrated in the palace. In the 16th century there was an increase in the role of the secretaries of state for military, naval, foreign and internal affairs. Under Louis XIV, they approached the king's person and became his ministers. Under the same king, a Council for Affairs was created finance, the position of Comptroller General of Finance appeared. A prominent political figure in France during the time of Louis XIV, J. B. Colbert, holding this position, actually became the first minister in state. At this time, the system of central sectoral government bodies is usurped.
In the local government system, the most important reforms were carried out by Cardinal Richelieu (1624-1642), who served as first minister and actually ruled the country under Louis XIII. He placed at the head of the provinces “quartermasters of police, justice and finance”, into whose hands were the collection of taxes and taxes for the benefit of the treasury, command of the local armed forces, recruitment into the army and management of the local police.
Thus, France was the country in which all stages of feudalism received the most complete form. Here we can see the emergence of feudal relations, their rise and fall, which led to the 18th century. to the bourgeois revolution.
Law of France during the period of feudalism
Before the Great French bourgeois revolution of the 18th century. diversity reigned in France, and in law there was clearly a lack of uniformity. By the nature of the sources, all territory The country was divided into two parts - southern and northern. The border between them ran south of the Loire River. The southern part was a country of written law, because. it was used Roman law. The northern part was dominated by customary law and was therefore called the land of customary law.
Roman law was studied in universities, with taking into account his general norms complex legal cases were resolved. The University of Orleans was considered the center of propaganda of Roman law, where at the end of the 11th and beginning of the 12th centuries. was published quick guide according to Roman law.
Until the revolution of 1789, the right of feudal ownership of land was also combined with elements of communal peasant land use. Intensely in civil law such a sub-branch has developed as law of obligations. The feudal character was inherent in everyone contracts that took place during that period.
In a subsistence economy, there was no urgent need to develop economic relations. With the development of commodity-money relations, the importance of contracts increased. IN purchase and sale agreement The land occupied a special place. Feudal customary law provided for the right of landowners and their relatives to redeem sold real estate. Until the 12th century. It was impossible to alienate family property without the consent of relatives, except in cases of extreme need. However, in this case, relatives could redeem the family property by paying the agreed price. In the 13th century. the consent of relatives is no longer required for the sale of ancestral property, but they retain the right to redeem it within a year and one day. The lord had the right to redeem the fief sold by his vassal within 40 days if he was informed, and within 30 years if he knew nothing about it.
Over time, in order to avoid subsequent feudal strife, notaries began to require presence when drawing up a sales contract real estate members families seller, including children from the age of 14.
Marriage and family law. Issues of marriage and family in France were governed mainly by canon law. The condition for marriage was reaching a set age: for men it ranged from 13 to 15 years, and for women - 12 years.
To enter into marriage, the consent of the parties was required and parents. The Edict of 1556, supported by Louis XIII's Ordinance of 1639, provided that parental consent was required only until sons reached the age of 30 and daughters 25. Marriages between minors; persons who have not received baptism; relatives.
The husband was considered the head of the family. The wife was required to obey her husband, who was even allowed to beat her, but “reasonably,” i.e. not to death and without mutilation. Adultery gave the offended spouse the right to demand separation, but divorce was not allowed. Capacity wife was limited: she could not enter into deals without the husband's consent. In the north, community of joint property was recognized, but it was managed by the husband, and in the south, community of property did not exist. In addition, in the south there remained power landlords in relation to children, which has its origins in Roman law. The acquisitions of the children were included in the property of the landlord. In the north, parental authority was seen as guardianship over children.
Criminal law. It is quite clear that the concept " crime"from the 9th to the 18th centuries. undergoes significant changes. So, if at the initial stage of the formation of French states actions that affected the interests of individuals were considered a crime, then by the 12th century. crime ceases to be a private matter and acts as a violation of the established feudal order.
Legal proceedings. In area legal proceedings Arbitrariness, corruption of judges, red tape and other abuses also reigned, which greatly irritated those who belonged to the third estate.
Until the 15th century In France, there were two types of process: adversarial and inquisitorial. The first of them was based on a judicial duel. Peasants fought with sticks, and knights fought with a spear and sword. A nobleman could challenge a judge to a duel if he did not agree with sentence. Ordeals were also used here, which, according to canon law, were allowed to be carried out with bread and cheese. It was believed that the culprit would certainly choke.
The Ordinance of 1498 of Louis XII and the Edict of Francis I of 1539 completely abolished the adversarial process. Its place was taken by the inquisition (search process). It differed from the adversarial one in the procedure for initiating a criminal case, as well as in the types evidence. Its procedure was determined by the ordinance of 1670. According to it, the preliminary investigation was divided into two stages: general and special investigation. In the first stage, evidence was collected and the culprit was identified; in the second stage, evidence was verified and interrogation. The investigation was secret, written, using a formal theory of evidence and torture. The latter was sometimes carried out twice: once - in order to obtain the accused’s own confession during the investigation, and another time - before the execution was carried out in order to identify accomplices in the crime who were not identified during the process. The trial was held behind the scenes, without an indictment and without summons witnesses interrogated during the preliminary investigation. The verdicts were divided into guilty, acquittal and remaining under suspicion.
Thus, France, like other European countries during the period of absolute monarchy, moves to more stringent forms of judicial process, which becomes state-owned and is widely used in legal proceedings.
During the 14th and 15th centuries, significant changes occurred in the economy and social structure of England, which led to the emergence of absolutism. There was an accumulation of capital and the emergence of the first manufactories, primarily in ports and villages. The formation of capitalist elements in the countryside earlier than in the city - distinguishing feature economic development of England in that period.
By the end of the 15th century, the English peasantry was divided into two main groups: freeholders and copyholders. Copyholders, unlike freeholders, continued to bear a number of natural and monetary duties in relation to the feudal lords. Their rights to land plots were based on copies of decisions of the manorial courts.
In the second half of the 15th century, significant changes occurred in the structure of the feudal class. Possessions of secular feudal lords in different ways passed into the hands of the bourgeoisie and the top of the peasantry. At the same time, the role of the middle strata of the nobility, whose interests were close to the interests of the bourgeoisie, grew. They formed a new nobility - the gentry.
The development of the national market and the intensification of social struggle determined the interest of the new nobility and bourgeoisie in strengthening the centralization of power.
Absolute monarchy was established in England as in other countries during the period of the decline of feudalism and the emergence of capitalist production relations. At the same time, absolutism in England had its own characteristics, due to which it received the name “unfinished”. its incompleteness meant the preservation in England of political institutions characteristic of the previous era, the absence of some new elements typical of the absolutism of the classical image.
The main feature is that, along with strong royal power, parliament continued to exist.
Other features include: the preservation of local self-government, the absence in England of such centralization and bureaucratization of the state. apparatus as on the continent. England did not have a standing army (but as an island power, England had the strongest navy).
The central authorities during the period of absolute monarchy were the king, the Privy Council and parliament. Real power was concentrated during this period in the hands of the king. The strengthened royal power was unable to abolish parliament. Its stability was a consequence of the alliance between the bourgeoisie and the gentry. This union did not allow the liquidation of representative institutions in the center and locally.
The supremacy of the crown was formalized by a statute in 1539. Although Parliament later repealed this statute, the predominance of the crown was effectively preserved.
During the period of absolutism, England rapidly launched colonization activities.
Also during this period, the supremacy of royal power over the English Church was finally established. The Reformation was carried out, accompanied by the secularization of church lands. Under Henry VIII, a number of laws were passed that declared the king the head of the church and gave him the right to nominate candidates for the highest church positions.
The Anglican Church completely ceased to depend on the Pope and became part of the state. apparatus. The High Commission became the highest church body; it included some members of the Privy Council and other officials.
With the establishment of absolutism, the system of local authorities became more harmonious, and its dependence on the central authorities increased. The position of land lord was established and a local unit, the church parish, was administratively formalized.
An innovation in the judicial system was the creation of the “Star Chamber” and judicial councils in “rebellious” counties. The Star Chamber, as a special branch of the Privy Council, was a weapon in the fight against opponents of royal power. The legal proceedings were of an inquisitorial nature. Subsequently, the Chamber began to perform the functions of a censor and an oversight body for correctness.
