1. The feudal system was replaced by: industrial civilization
2. New economic system management - capitalism took shape in the era: new history
3. The main feature and main content of the new story: strengthening and development of capitalism
4. Absolute monarchy becomes an obstacle to the development of new production relations in connection with the development of: capitalist relations
5. The main content of the industrial revolution in England: transition from manufactory to factory
6. Opponents of private ownership of land during the English Revolution: diggers
7. Revolutionary Army of the Parliament and the Royal Army - members: civil war in england
8. Oliver Cromwell (1599-1658) led the army: English Parliament
9. Oliver Cromwell was Lord Protector of the Free State of England, Scotland and Ireland: in the 17th century
10. Interests social group new nobles and bourgeoisie expressed: Cromwell protectorate
11. In civil war in England (1642-1646) the royal army was called: an army of cavaliers
12. “New nobles” in England were called nobles who, according to their interests and occupations, approached: to the bourgeoisie
13. Historical meaning English bourgeois revolution: development of capitalism
14. From the middle of the XIX century. "world banker" became: England
15. The "Glorious Revolution" of 1689 in England means: palace coup
16. After the completion of the English revolution in the middle of the XVII century. political dominance has passed: to the new nobility and bourgeoisie
17. In 1646-1647. A political movement is taking shape in England: levellers
18. In the XVII century. in England occupied the position of "state within a state": East India Company
19. The Luddid movement manifested itself in: destruction of machines
20. The contradiction between the feudal order and the needs of the capitalist economy was the main cause of the revolution: in the 17th century in England
21. English King Charles I dissolved Parliament: in 1629
22. The English bourgeois revolution began: in 1640
23. The English Civil War began: in 1642
24. The English Civil War 1642-1646 was: between feudal groups and supporters of parliamentarism
25. The army of the English king was defeated at Naseby: in 1645
26. King Charles I of England is executed: in 1649
27. Political dominance passed to the new nobility and bourgeoisie after the completion of the English revolution: from the middle of the 17th century.
28. The counter-revolutionary coup in England, which put an end to the republic and the revolution, took place: in 1653
29. The English Parliament, elected at the beginning of the bourgeois revolution in 1640, lasted: before 1653
30. After the English bourgeois revolution, the Stuart dynasty in England was restored: in 1660
31. The desire to avoid the restoration of absolutism became the reason for the coup in 1688: in England
32. The English bourgeois republic existed: in 1649-1653
33. A constitutional monarchy has been approved in England: in 1688
34. In 1652 Scotland was annexed: to England
35. Population of England in the first half of the 17th century: 4.5 million
36. First Leader of the Labor Party: John Macdonald
37. The East India Company was founded by: in 1600
38. The bulk of the population of England in the first half of the XVII century. lived: in the villages
39. Supporters of the cleansing of the Church independent of Rome in England from the remnants of Catholicism in the 16th century: puritans
40. The largest city in England in the first half of the 17th century: London
41. The population of London from 1534 to 1660 increased: 8 times
42. England in the first half of the XVII century. was: agricultural country
43. Representatives of the middle and petty nobility in England XVI-XVII centuries. were called: gentry
44. Large landowners in England: landlords
45. The word "Puritan" from Latin means: clean
46. The Puritan Church was called: Presbyterian
47. At the head of each community of believers was: presbyter (elder)
48. The council of presbyters and preachers was called: consistory
49. Puritans who advocated the independence of communities of believers in religious matters: independents (independents)
50. Puritans opposed: theaters, masquerades and other entertainment
51. A revolutionary situation has developed in England : in the late 30s - early 40s of the XVII century.
52. War between England and Scotland began: in 1639
53. The shortest parliament in the history of England lasted two weeks: April 13 to May 5, 1640
55. The Roots and Branches Petition was drafted by: in December 1640
56. The "Great Remonstrance" was passed by Parliament: in November 1641
57. In England, the courts of the Star Chamber were abolished: in July 1641
58. Feudal requisition (“ship money”) was abolished in England high commission: August 7, 1641
59. At the request of the masses, Earl Starfford was executed: 12 May 1641 at the Tower Square
60. Charles I tried to arrest the parliamentary leaders who advocated the implementation of the “Great Remonstrance”: in January 1642
61. King Charles I departed north and in August declared civil war on Parliament: January 10, 1642
62. Parliament drew up a "Petition of Right": in 1628
63. Charles I ruled in England: in 1629-1640
64. Supporters of Parliament: "round-headed"
65. Leader of the Independents: Oliver Cromwell
66. Created a regular army in England: Oliver Cromwell
69. The victory over the royal army was secured by an act of Parliament: dated February 24, 1646
70. The political party of Levellers-equalizers in the army and among the petty bourgeoisie is taking shape: in 1646-1647
71. Leaders of the Levellers in 1645 and 1646: J. Lilburn, W. Walvin, R. Overton
73. The English revolution has entered a new stage - bourgeois-democratic: in 1647
74. coup d'état, committed under the command of Colonel Pride: "Pride Purge"
76. To deal with the crimes of Karl Stuart was created: Supreme Court
77. The House of Commons declared the people to be the source of just power, and the House the supreme body of the land: January 4, 1649
78. England proclaimed a republic: in May 1649
79. Cromwell, at the head of his army of ironsides, sets out to conquer Ireland: in August 1649
80. In 1653 in England it was established: military dictatorship
81. A new movement of "true levellers" or diggers is rising: in the spring of 1649
82. The English Parliament, which led the bourgeois revolution, was called: Long
83. Cromwell's army invaded Scotland: in 1650
84. Cromwell on April 20, 1653 disperses Parliament and appoints a new authority: Little or Barbone Parliament
85. In England, a new Constitution was adopted - “Instrument of Management”: in December 1653
86. Cromwell was made Lord Protector of England, Scotland and Ireland for life: in 1653
88. The republican "rump" of the Long Parliament returns to power in England: in the spring of 1659
91. The Lawful Assemblies Act prohibited all public prayer: in 1664
92. The most severe censorship of everything printed editions restored: Charles II
93. Dissatisfied with the policy of the king, the leaders of the opposition in June 1688 sent an invitation to the ruler of Holland: William III of Orange
94. William of Orange landed in England with an army of 15,000: in November 1688
96. William of Orange was proclaimed King of England: at the beginning of 1689
97. At the head of the diggers was: Gerard Winstanley
98. Reason for the 1688 coup in England: desire to avoid the restoration of absolutism
99. The victory of the bourgeois system over the feudal-absolutist system, overtaking other countries in the 18th-19th centuries. turned England: into a capitalist, industrial power
100. The growth of industrial production, the completion of the industrial revolution underlay the economic superiority of England: in 50-60 years. 19th century
101. In 1832, England adopted: parliamentary reform
102. In 1867 in England there was: second parliamentary reform
103. A continental blockade was directed against England: at the beginning of the 19th century
104. Industrial revolution in the XVIII century. started: in England
105. "Workshop of the world" in the 50s. 19th century called: England
106. Under the Treaty of Nanjing, in 1842, Hong Kong was transferred to: Great Britain
107. English utopian socialist who founded a communist community called "New Harmony": R. Owen
108. The initiator of the "discovery" of China in the 40s. 19th century spoke: England
109. The first Anglo-Chinese (opium) war began: in 1840
110.In the XVIII century. Bengal was conquered : England
111.Sh. Most of India by the middle of the 17th century. was subject to: England
112.England completed the process of complete colonization of India: at the beginning of the 19th century
113.PZ.England initiated the transformation of China into a semi-colonial country: in the 19th century
114. The first steam locomotive was created in 1814 by an Englishman : D. Steffenson
115. The mechanical spinning wheel "Jenny", which increased labor productivity in spinning by 20 times, was created: in 1765
116. In 1789, the steam engine at the University of Glasgow was invented by: D. Watt
117. Iran actually became a semi-colony of England and Russia: in late XIX-early XX centuries
118. In 1898, the war with the Boers in Africa began: England
119. Transition from manual labor to machine production: industrial Revolution
120. English conquerors subjugated Bengal in: 1756-1757
121. The parliamentary reform of 1867 in England made it possible to double the number of voters, mainly due to: workers
122. In the middle of the XIX century. England was alternately ruled by: liberals and conservatives
123. Continental blockade at the beginning of the XIX century. was directed against: England
124. The movement of workers, manifested in the destruction of machines in production: luddism
125. The Luddite movement assumed a wide scope: in 1811-1812
126. For the destruction of machines, the death penalty was established by the government: in 1813
127. The Whig party relied on: on industrial and financial capitalists
128. The "Corn Laws", which established high duties on imported bread, were adopted: in 1815
129.129.60 thousand meeting demanding cheap bread and parliamentary reform took place in St. Peter's field in Manchester: in August 1819
130. From 1812-1827 in England managed: lord's office R. Liverpool
131. The Whig party introduced the Parliamentary Reform Bill in the House of Commons: in 1831
132. In the XVIII century. the industrial revolution took place: in England
133. The flying shuttle was invented for dressing cloth: in 1733
134. A machine that spun a thread without participation human hands, was created: in 1738
135. J. Hargreaves invented the Jenny mechanical spinning wheel: in 1765
136. R. Arkwright opened the first spinning mill, where the machines were driven by a water wheel: in 1771
137. In 1780 in England there were: 20 factories
138. James Watt invented the first steam engine: in 1774
139. J. Stephenson led the passenger train between Darlington and Stockton: in 1825
140. The Tory Party in England expressed the interests of: landed aristocracy and clergy
141. London has become a world trade center: in 1850
142. The First Chartist Convention met in London to discuss the methods and forms of struggle for the achievements set forth in the charter: in February 1839
143. The first dominion among the English colonies was: Canada
144. Movement of workers for political rights: chartist
145. The main requirement of the Chartists was the introduction of: universal suffrage
146. The program of the Chartists was called: "People's Charter"
147.147.0 one of the main figures of the Chartist movement: D. Garni
149. The first "People's Charter", which demanded political freedom for the British workers, was drawn up: in 1837
150. The Chartist movement in England was: in 1836-1848
151. In the middle of the XIX century. the Tory party became known as: conservative
152. In the middle of the XIX century. the Whig party became known as: liberal
153. In the 50-60s of the XIX century. leading role in England belonged to: liberal party
154. The leader of the Liberal Party, who in 1868 proposed lowering the property requirement and giving workers the right to vote: William Gladstone
155. The property qualification was reduced: in 1867
156. The rights of "rotten towns" were eliminated: in 1885
157. In 1886, the following took part in the elections in England: 5.7 million people
158. The term "British Empire" came to be used: in the late 70s of the XIX century
159. England bought a 45% stake in the Suez Canal Company from a bankrupt Egyptian Khedive: in 1875
160. The British Labor Party was formed: in 1900
161. In 1877, Queen Victoria of Great Britain was proclaimed Empress: India
162. In 1882 Egypt was occupied by troops of: Great Britain
163. The British captured Burma: in 1885
164.From 1837 to 1901 government in England is called: "Victorian Age"
165. England had the most powerful steam merchant fleet: in the middle of the XIX century
166. At the beginning of the XX century. did not have dominion status in Great Britain: Ireland
167. At the beginning of the XX century. defended the interests of workers in England: labor party
168. The leader of the Liberal Party of England that won in 1906 was: Lloyd George
169. The Home Rule Act, considered by the British Parliament in 1912, provided for the retention of power in the colonies: by Viceroy
170. Dominion - a self-governing part of Great Britain, since 1907 is: New Zealand
171. After the occupation in 1882, the colony of England became: Egypt
172. An agreement was signed between England and France * Entente ": in 1904
Age of Enlightenment
.A feature of the socio-economic, political and legal development of England in the XVII century. was the simultaneous functioning of two economic structures: capitalist and feudal. Unlike other European countries, it developed much faster along the capitalist path, which can be explained by the peculiarities of its geographical location and economic activities. The existing absolute monarchy could not solve urgent problems and resolve existing contradictions.
For England of the pre-revolutionary period, the division of the nobility into two irreconcilable estates is characteristic - old and new (bourgeois) nobility. The new nobility (gentry) was, in essence, the bourgeoisie, as they were engaged in entrepreneurship. At the same time, only one tenth of the country's male population (gentlemen, gentry, that is, wealthy peasant landowners) had the right to elect parliament and had access to governing the country.
The causes and features of the English revolution should include its ideological form - a religious trend puritanism, whose ideology spread widely among the population and became, in essence, the banner of the opposition. During the revolution in Puritanism there was a split into Presbyterianism and Congregationalism. Presbyterianism represented the big bourgeoisie and the landed aristocracy - adherents of the idea of a constitutional monarchy. The Independence consisted of the middle and petty bourgeoisie, who agreed in principle and with the idea of a constitutional monarchy and did not deny the possibility of establishing a republic. Motion levellers united artisans and free peasants, their radical demands were reduced to the establishment of a republican form of government and ensuring the equality of all citizens. The poorest peasantry and urban lumpen proletarians demanded the abolition of private ownership of land and on many issues were close to representatives of the movement diggers, defending the ideas of utopian communism. Such was the alignment of political forces on the eve of the revolution.
At the beginning of the revolutionary events, the king and parliament exchanged documents expressing their positions, and each considered his right to power to be a priority. The king justified the divine nature of his power, arguing that he should be the sole ruler in the state. Parliament referred to the Magna Carta of 1215 and demanded to limit the power of the monarch.
The development of the revolution in England, also called "The Great Revolt" passed through the following stages:
· 1628-1641 - constitutional period;
· 1642-1648 - civil wars;
· 1649-1653 - "Independent" Republic;
· 1653-1658 protectorate of Oliver Cromwell.
In 1628, Parliament submitted to King Charles I Petition for the right in which, with reference to the Magna Carta, it was indicated, in particular, that it was inadmissible to dispossess the land, exile from the country and imprison any English subject without a judicial sentence based on the law. The Petition outlined objections to the introduction of martial law, new taxes without the consent of Parliament, and the systematic stays of soldiers in the houses of the population. The petition for rights soon became law, and Charles I was forced to approve it under the threat of active opposition from parliamentarians.
However, the very next year, Charles I dissolved the recalcitrant parliament and ruled the country alone until 1640, until the lack of money for military operations in Scotland forced him to convene a parliament, called short(sitting from April 13 to May 5, 1640). This composition of deputies did not agree with the king's demands for the introduction of new taxes without reforms that ruled out abuse and arbitrariness on the part of the authorities. Charles I again dissolved the parliament, but in November 1640, realizing that this was not the way to get out of the crisis, he convened a new parliament, which worked until 1653 and was named in history Long. The initial stage of the revolution is associated with his activities - constitutional.
The Long Parliament passed in February 1641 a law - triennial act, according to which the parliament was to be convened in session annually, and a possible break in its convocation should not exceed three years. Act of May 10, 1641 "On the Dissolution of Parliament" it was allowed only with the consent of the Parliament itself. In addition, in July of the same year, by a decision of the Parliament, Star Chamber and High Commission, which were the support of the king, as well as "ordered" (minimized) the activities of the royal Privy Council. Then, on December 1, 1641, the Long Parliament adopted a voluminous (204 articles) political declaration of the revolution - great remonstrance, condemning absolute monarchy and royal arbitrariness in the collection of taxes, offering to recognize the inviolability of property, limit the power of bishops and reform the church.
In 1648 the army of Parliament won a decisive victory over the army of the King, who fled to Scotland but was handed over to Parliament. In the parliament of that time, the majority were Presbyterians, who considered the revolution already over. They were quite satisfied with the constitutional monarchy. Oliver Cromwell, the leader of the Independents, was forced to purge Parliament (December 1648), after which there remained a "parliamentary rump" obedient to the Independents - about 50 people.
The captured king was tried, sentenced to death and executed in January 1649 Parliament solemnly proclaimed that England was a republic (Act of May 19, 1649). Even earlier, the supreme power in the country passed to the House of Commons (Act of January 4, 1649), and the House of Lords was soon abolished (Act of March 19, 1649). Executive power passed to State Council, headed by O. Cromwell. The final stage of the "Great Rebellion" has begun.
The military dictatorship was framed as protectorate(patronage) Oliver Cromwell over England, Scotland and Ireland. Cromwell advocated reforming the Long Parliament, which had been running without re-election for 13 years. However, the members of parliament tried to perpetuate their power and sought to pass a law that gave them the right to automatically enter the new and all subsequent parliaments. Cromwell, accusing Parliament of intending to seize power, dissolved it with the help of the military.
The turning point came on December 13, 1653, when a council of officers passed a regulation that English scholars constitutional law sometimes referred to as "the only written constitution in the history of England". The act was named "Instrument of control" and he legally established a military dictatorship. So, according to Art. 23 Oliver Cromwell, Captain-General of England, Scotland and Ireland, declared for life Lord Protector states. In accordance with this Act, Cromwell appointed the members of the Council of State, and it was from that time began the movement from a republic to a monarchy.
Outwardly, the republican form of government was preserved in the state, but it was significantly updated. The supreme legislative power was concentrated in the person the Lord Protector and the people represented by Parliament(Article 1 of the Act). The property qualification for voters was set unthinkably high: 200 pounds sterling in accordance with Art. 18 "Instruments of control". Voting rights were deprived of persons who during the revolution fought on the side of the king, as well as Catholics. Parliament was to continue to be convened at least once every three years (Article 7), and it was impossible to dissolve it earlier than five months from the date of convocation (Article 8). At the same time, all bills adopted by Parliament had to be submitted for approval to the Lord Protector (Article 24).
The executive power in the state was concentrated in the hands of Lord Protector and Council of State, consisting of 15 members, whose names were listed in Article 25 "Instruments of Management". In fact, Lord Protector Oliver Cromwell had truly royal prerogatives:
· could declare war and conclude peace (with the consent of the majority of the Council);
exercised command of the armed forces;
appointed officers and new members of the State Council;
· Possessed extensive and uncontrolled financial powers (Article 27 “Instruments of Management”).
Given the fact that the situation in the country was heating up, Oliver Cromwell increasingly resorted to military measures, sending out instructions to the officers in charge of the administrative districts, in which he insisted on the use of punitive reprisals against the rebels. Cromwell's protectorate took on the character of an overtly authoritarian military power that lasted until his death in 1658.
Before his death, Cromwell appointed his son Richard as his successor, who, however, was not supported by either the supporters of the revolution or the supporters of the monarchy. In 1658, Richard Cromwell was overthrown, and in 1660. The monarchy was restored in England. The throne was taken by Charles II, the son of the executed Charles I Stuart.
test questions
1. The main stages and documents of the English bourgeois revolution.
2. Bourgeois law in England.
3. Legal documents during the formation of the parliamentary monarchy.
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Period new history opens with the English bourgeois revolution of the middle of the 17th century, which marked the victory of a new social system - capitalism - over the feudal order that was becoming obsolete. How did all this happen?
CARL1 STUART
ENGLISH BOURGEOIS REVOLUTION
However, such threats from the king could not stop the flow of indignant speeches of members of parliament. The king decided to dissolve the obstinate parliament, but, in need of money, he was forced to resort to a forced loan. The subjects refused to pay money without the consent of Parliament, and the king again had to make concessions and convene Parliament in 1628. The deputies demanded that the king accept the "Petition of Rights", which forbade the collection of fees without the consent of Parliament. At this point, the king's patience came to an end, and he ordered the objectionable parliament to be dissolved again. For 11 years, Charles ruled alone, trying to get money for himself by any means, bypassing parliament. Charles decided to restore the old tax - "ship money", which was previously paid by the population of coastal cities to equip ships, and extended this duty to the entire population of England. The people grumbled, but could not do anything against the royal officials who robbed him.
The bourgeois state in England arose in the course of the revolution of the 17th century. This was the last revolution that took place under the "religious banner", since the main ideological requirement was the reform of the dominant Anglican Church and the restoration of "old liberties and customs".
On the eve of the revolution, English society was split into two main camps. Supporters of the king (Royalists) - representatives of the "old" feudal nobility and the English clergy advocated the preservation of absolutism and the existing church. The opposition united the new nobility "gentry" and the bourgeoisie. Since the opponents of absolutism came up with slogans of "cleansing" the English church, completing the reformation and withdrawing the church from royal power, they began to be called "Puritans".
But the opposition camp was not united. There are three main currents:
1) Presbyterians - the movement united the big bourgeoisie and the top "gentry", who advocated the restriction of royal power, the establishment of their political dominance, the reform of the church on the principles of Protestantism and the establishment of presbyters from among the wealthiest citizens in the church administrative districts.
2) Independents - expressed the interests of the middle strata of the bourgeoisie and the bourgeois nobility, who demanded the restriction of royal power, recognition of freedom of conscience, freedom of speech, etc.
3) Levellers - In the course of the revolution, they stood out from the camp of the Independents, united representatives of the petty-bourgeois strata of the city and countryside, came up with the most radical demands, which were expressed in the "People's Manifesto" of 1647: popular sovereignty, the establishment of a republic, universal suffrage for men, the return of lands lost in during the "fencing", the reform common law.
In the course of the revolution, from the proletarian strata of the city and countryside, a flow of diggers, advocating the abolition of private ownership of land and consumer goods. Their views were a kind of peasant utopian communism and did not receive significant distribution.
The conflict that was brewing in the depths of English society began to develop into an open confrontation after the Parliament filed it in 1628 with King Charles I. "Petitions for Right" containing provisions limiting royal powers. Since the petition appealed to the ancient Magna Carta, Charles I was forced to approve the Petition of Right as law. But in 1629 he dissolved parliament, and until 1640 the state of so-called "non-parliamentary" government remained in England. It was a period of complete royal arbitrariness, which brought the country into a state of crisis. In 1640, Charles I was forced to convene Parliament again. From this moment it is customary to begin the chronology of the English revolution. In general, the history of the English revolution is usually divided into four stages: 1) the constitutional (November 1640-August 1642), 2) the first civil war (1642 - 1646), 3) the struggle to deepen the democratic content of the revolution (1646 - 1649), 4) the Independent republic (1649 -1653).
The highest point in the development of the revolution was 1649, when, after military victories, the capture and execution of Charles I, England was declared a republic. The House of Lords was abolished, the House of Commons became the supreme power. The State Council became the supreme executive body. His tasks included opposing the restoration of the monarchy, leading the country's armed forces, establishing taxes, conducting foreign policy and manage trade.
But soon the dictatorship of the leader of the English revolution, O. Cromwell, was established in the republic. At the end of 1653 the constitution, the so-called "Instrument of Control" legally consolidated his power by declaring Cromwell Lord Protector for life. The highest legislative and executive power was concentrated in his hands. There was also a unicameral parliament, but the high property qualification (100 times more than before the revolution) significantly limited its influence. The Council of State, as the direct governing body of the country, was appointed by the Lord Protector.
In essence, the "Instrument of Management", having consolidated the regime of individual power, determined the reverse movement from a republic to a monarchy. The death of Cromwell in 1658 hastened these events.
In 1660, the royal power of the Stuarts was restored. The new king is Charles II, although he guaranteed "Bred Declaration" to the new ruling elite, the preservation of the status quo and the rejection of persecution, nevertheless began to actively pursue a policy of restoring the former absolutist order. Under his son James II, this policy took on such an open anti-bourgeois character that the ruling circles, in order to preserve themselves, organized a palace coup, nicknamed the "Glorious Revolution". From that moment on, a constitutional monarchy was finally established in England.
We see the legal expression of this in the adoption of three laws that were of a constitutional nature (the Habeas Corpus Act, the Bill of Rights, the Dispensation Act).
Habeas Corpus Act(The act on better ensuring the freedom of the subject and on the prevention of imprisonment across the seas), adopted in 1679, was intended to limit the possibility of the secret reprisal of the king against the supporters of the opposition, but acquired a much broader meaning. According to the law, any subject detained for a criminal act, excluding high treason and serious criminal offense, had the right to apply to the court (in person or through representatives) with a request to issue a Habeas Corpus order. The judge had to issue such an order to the arrested person through the official (jailer, sheriff) in charge of the arrested person. Having received the order, these persons had to deliver the prisoner to the court within 24 hours, indicating the true reasons for the arrest. Further, the judge was instructed to release the prisoner on bail and bail with the obligation of the latter to appear at the next session of the court to consider the case.
A person released on the orders of Habeas Corpus could not be arrested and re-imprisoned pending trial for the same crime. It was also forbidden to transfer a prisoner from one prison to another or to keep without trial in the prisons of the overseas possessions of England.
For non-compliance with the provisions of the law, judges and officials were provided with large monetary fines and removal from office.
Later, the Habeas Corpus Act acquired the significance of one of the main constitutional documents of England, containing a number of legally effective guarantees of the inviolability of the individual.
In "Bill of Rights"(1689) the supremacy of parliament in legislative and financial policy was affirmed, this manifested its main purpose. The bill forbade: 1) to suspend the operation of laws or their execution without the consent of parliament; 2) collect taxes and fees in favor of the crown without the consent of Parliament; 3) to maintain a standing army in peacetime without the sanction of Parliament. The bill established freedom of speech and debate in parliament, freedom of elections to parliament, the right of citizens to petition the king.
"Deed of dispensation" adopted in 1701, in addition to resolving the issue of the order of succession to the throne after the childless William of Orange, contained two more important provisions. First, the so-called countersignature principle was introduced, according to which acts issued by the king are valid only if the corresponding minister has the signature. Secondly, the principle of irremovability of judges was established. Since that time, it was possible to remove a judge from office only by decision of the Parliament. In essence, this meant the separation of the court from the executive branch.
Thus, by the 18th century in England the basic principles of the bourgeois state were laid down, such as: the supremacy of parliament in the field of legislative power, the exclusive right of parliament to vote the budget and determine the size of the military contingent, the principle of the irremovability of judges. The further development of the bourgeois state in England followed the path of constitutional reforms.
The most important feature of the English constitution was that it did not constitute a single piece of legislation. Along with individual written laws, its most important part is made up of unwritten conditional rules that have been established as "constitutional precedent". The most important of those established in the 18th century were: the king's failure to attend cabinet meetings; the formation of a government from the party that won the election; collegial responsibility of the cabinet of ministers; waiver of the king's right to veto.
The development of public authorities in England of this period goes in two directions: the rise of the role of Parliament and the formation of the Cabinet of Ministers. To late XVIII century, Parliament concentrates in its hands control not only over the legislative, but also over the executive power, and the English Cabinet of Ministers becomes the supreme governing body, separate from the king, consisting of the main officials of the state - the leaders of the parliamentary majority and collectively responsible to Parliament. Such a government became known as responsible government and is a hallmark of the parliamentary system that developed in England towards the end of the 18th century.
The main directions of evolution political system England in the XIX century were the implementation of electoral reforms, the formation of a two-party political system, the rise of the executive branch.
In the course of the electoral reforms, the final restructuring of the two main political parties took place. Originating in the 18th century like two political factions in the Whig Parliament and tory expressing the interests, respectively, of the commercial and industrial bourgeoisie and large landowners and the financial bourgeoisie, in the 19th century. formed as two political parties: liberal and conservative. These parties were in power alternately throughout the 19th century. But in the second half of the nineteenth century, due to changes in the economic and social structure of England conservative party gradually turns into a political party of the big industrial and financial bourgeoisie. liberal party, oriented towards the middle strata, is gradually losing its social base and political influence.
In 1906, on the basis of the increased working-class movement, a Labor Party. Its basis was made up of English trade unions (trade unions) and some other workers' organizations. Soon it turned into a serious political force, competing with the liberal and conservative parties.
At the end of XIX - beginning of XX century. The English Parliament becomes an instrument in the hands of a government that has a majority in Parliament. The organizational structure, party discipline, as well as procedures that limited the freedom of debate in Parliament, made it possible for the government to determine the direction of the work of the House of Commons and subordinate it to its interests.
An important measure to strengthen the role of the government was the adoption in 1911 of Act of Parliament, limiting the powers of the House of Lords. According to the new provision, the consent of the House of Lords was not required for financial bills; for non-financial bills, if the bill was rejected three times over two years, it became law without the approval of the House of Lords.
In the second half of the 19th century, a reform of local self-government was carried out in England, during which the same type of representative bodies were created in cities and counties, and real power passed from the hands of the aristocracy to the bourgeoisie.
In addition, as a result of the judicial reform, all the highest courts created under feudalism were merged into a single Supreme Court, which consisted of High Court and Court of Appeal on civil matters.
A specific feature of the English Revolution was that the bourgeoisie did not oppose the old law in general, but only certain aspects of the king's legislative and judicial policy. The legal system of England was subject to change only to the extent that the interests of the new ruling classes required it. This predetermined the long-term preservation of feudal legal forms behind which was already quite bourgeois law.
The main sources of law in England after the revolution remained the traditional constructions of "common law" and the law of justice, as well as the law. Their application in practice was associated with the use judicial precedent.
Thus, the most important institution of civil law - the right to property - retained the medieval division into "real" and "personal" (personal) property. To real property included land, plants, buildings, documents giving the right to all of the above. To personal property in addition to personal belongings, rights to claims (eg copyright, patent, etc.) were also included.
Ownership of land was very distinctive. All land in England was treated as the property of the king, and individuals were treated as land holders. But in fact, this right of holding did not differ from the right of ownership. It was open-ended, provided for the free disposal and alienation of land, although the very form of transferring the right to land had a complex procedure.
In the XVIII-XIX centuries. widespread trust property (trust), known even to feudal law. The trustee disposes of the named property not quite freely, but in accordance with the goals that the founder has determined. The founder called pizza, who will benefit from the proceeds of this property.
Scandalous speculation on the London Stock Exchange forced the English Parliament to issue a special act at the beginning of the 18th century. "O soap bubbles", according to which the formation of joint-stock companies without special state permission was not allowed. In 1844-1867. In England, a number of laws are adopted that give a clear regulation of the formation of companies.
These laws defined commercial partnerships that issue their shares as independent legal entities that do not coincide with their founders and shareholders.
In 1908 consolidated companies act, uniting all previous laws, defined two types of companies: public and private. public companies could expand their capital indefinitely by issuing and selling shares, but were required to keep public records. Private companies could unite no more than 50 people, form all their capital themselves, could not sell their shares to outsiders, but were not bound by public reporting.
AT family law church marriage was preserved for a long time, but in 1836 there is also a civil form of marriage. The form of marriage was chosen by agreement of the spouses. In the family, the legal headship belonged to the husband. He had the right to "supervision" and "moderate punishment" of his wife, the disposal of property. Until 1857, divorce did not exist.
Inheritance could be carried out by law and by will. In England there was complete freedom of wills. When inherited by law, the land passed to the eldest son on the right of majorate.
In criminal law long time the feudal three-member structure of crimes was preserved: trizn(treason) felony(serious crime) misdemeanor(misconduct). During the formation of capitalism, the number of crimes qualified as a felony and punishable by death increased significantly. So, if in 1650 there were 50 such crimes, then by early XIX century there were more than 200 of them. Thus, the bourgeoisie sought to instill respect for private property. Only in the second half of the 19th century did the active humanization of criminal law begin. The number of crimes punishable by death was reduced to 4. The accused, imprisoned, received the right to use the services of a lawyer and familiarize himself with the case file. The testimony of the accused began to be considered by the court. In 1907, a conditional sentence was introduced.
Simultaneously with the development of bourgeois law in England, colonial law was also developing. Even at the initial stages of colonial conquests, a judicial doctrine was formed, according to which an Englishman, going abroad, "takes with him" English law, and in the case of settlement of colonized lands, English law applies there. Thus, precedent "justice" and "common" law were introduced in the colonies.
In the future, a community of national systems of law is formed, united by external legal features, which is called Anglo-Saxon system of law. Its characteristic features include the traditional archaism of forms, the prevalence of judicial precedent as a source of law, the lack of codification and division of law into private and public.
England, which created by the middle of the XIX century. the largest colonial empire, used a fairly flexible system of government, in many cases relying on the local elite (the system of indirect control).
Since the 18th century, the colonies have been divided into conquered and resettled. Accordingly, two types of colonial administration developed. conquered colonies, where the "colored" population predominated, they did not have political autonomy and were ruled on behalf of the crown by the British government. Legislative and executive functions in these colonies were concentrated in the hands of the governor. Representative bodies, if they were created, played only an advisory role (India, African and most Asian colonies).
in the migrant colonies the majority or a significant part of the population were white settlers. These colonies eventually acquired political autonomy and the status of dominions. They had their own constitution, parliament, government, which was controlled by a governor appointed by the metropolis.
At the end of the XIX century. there is such a form of colonial dependence as a protectorate. Formally independent states had limited sovereignty due to the treaties imposed by England and the presence of colonial troops (Afghanistan, Kuwait, Iraq).
Special place in colonial empire Britain is occupied by Ireland. Being the oldest English colony, in 1800 it was united in union with Great Britain. The United Kingdom of Great Britain and Northern Ireland was created. The Irish won seats in the English Parliament.
At the beginning of the 17th century. the development of capitalism in the country was held back by the rigid framework of medieval rules and regulations. Land feudal relations limited the possibility of disposing of landed property.
By the beginning of the revolution, the nobility was divided into 2 parts:
Old and new (bourgeoisized).
The new nobility merged ever more closely with the bourgeoisie. The king (Jacob 1) acted in the interests of the top nobility, which did not suit the majority of the country's population. The bourgeoisie and the new nobility condemned the policies of the crown. They argued that the monarch's claim to absolute power was legally invalid.
The king and parliament exchanged documents containing their positions, and each considered his right to power as a priority. The king in parliament proved the divine nature of his power, arguing that he should be the sole ruler in the state.
Thus, several causes of the bourgeois revolution can be named:
Objective: contradictions between progressive capitalism and conservative feudalism;
Subjective:
Dispute about the extent of the powers of the king and parliament,
The marriage of a son to a Catholic, the influence of the Catholic Monarchs on James the 1st,
The introduction by the king alone of taxes, extortions,
Defeated in a clash with Scotland in 1640
English Revolution in the middle of the 17th century. went through four stages:
2. First Civil War (1642-1646),
3. The period of deep reforms in the state (1646-1649),
4. Independent Republic (1649-1653).
By the beginning of the 17th century. the bourgeoisie and the new nobility became an essential force in the state, with which the king could not ignore. Taking advantage of the difficult situation in the country, the House of Commons insisted on the adoption of the famous "Petition of Rights" in 1628.
The main provisions of the "Petition for Rights" (1628)
No taxes, taxes and dues could be levied without the consent of Parliament,
Forced loans were declared illegal,
Criminal liability could take place only if the punishability of the act was provided for by law, and the punishment was followed by a court verdict, etc.
The king often break this law. Parliament tried to protest, was dissolved, the speaker was imprisoned in the Tower prison, where he died.
After the defeat in the war with Scotland in 1640, the king needed money and after an 11-year break, the king (Charles I - son of James I) was forced to convene Parliament in May 1640, but the latter did not approve new taxes, after which he was again disbanded.
The situation in the state worsened and the monarch was forced to convene parliament again in November 1640, which sat until 1653 and was called the Long Parliament, it consisted mostly of opponents of absolutism, but not of the monarchy.
The “Long” Parliament adopted 3 important documents:
- "three-year act" - providing for the convocation of Parliament every 3 years, regardless of the will of the king,
The Act of Freedom of Debate in Parliament, according to which every member of each house enjoys freedom of speech, "Your Majesty shall not express displeasure." This document laid down the principles of parliamentary indemnity,
The Great Remonstrance, which contained provisions on land ownership and its protection, required the establishment of parliamentary control over the government.
Since 1640, the exchange of petitions began, that is, the peaceful stage of the revolution. After the Great Remonstrance was handed over to the king, which he rejected, the persecution of the most active members of the House of Commons began. On August 2, 1642, the king declared war on Parliament. The bourgeois revolution began in England.
The driving force of the revolution was 3 political currents:
Prosbyterians are the big bourgeoisie and the landed aristocracy. They advocated a constitutional monarchy with a strong power of the king.
The Independents - the middle and petty nobility, the middle bourgeoisie, advocated a republic, freedom of religion, reform of the suffrage, but with the preservation of the land qualification.
The Levellers are a radical movement of the Independents. They advocated the proclamation of a republic, unlimited freedom of conscience, the priority of natural rights, which are inalienable, universal suffrage for men, etc.
On the side of the king were mainly feudal-backward northern and western counties, the Anglican Church. Behind the parliament are economically developed areas. Initially, success was on the side of the royal army, in addition, the command of the parliamentary army, mostly Prosbyterians, tried to negotiate with the king. This was opposed by the Independents and the Levellers. The leader of the Independents was the English revolutionary Oliver Cromwell.
Military failures forced the adoption of the plan proposed by Cromwell: an army was created with a single command, a law on self-renunciation was issued, by virtue of which all members of parliament in military or civil service had to resign.
Soon the situation changed and the position of the king's army became catastrophic. His troops were defeated, he himself fled (Charles 1) to Scotland, but was extradited to English officials. Power actually passed into the hands of the revolutionaries, among whom there was a split.
In 1646 the first civil war ended with the victory of Parliament. The tasks of the Prosbyterians were completed, the "Ordinance on a new model" was adopted, which established a constitutional monarchy. The Prosbyterians wanted to reconcile with the king. At their insistence, a decision is made: to disband the army, to return the monarch, but to curtail his rights. Left forces, on the contrary, demanded an end to the monarchy. They were supported by the army, which led to the 2nd civil war of 1648 between the Prosbyterians and the Independents, in which, thanks to the support of the Levellers, the Independents led by Cromwell won. Parliament was purged, leaving only the Independents. The revolution entered a new stage - the final breaking of absolutism and the establishment of a republic.
In March 1649 the House of Lords was dissolved, the king was sentenced to death and executed, in May 1649 England was solemnly declared a republic.
Political system
Legislative power was vested in a unicameral parliament represented by the House of Commons. Executive - to the State Council, elected for 1 year by the Parliament.
Cromwell advocated reforms in the Long Parliament, which had been running without re-election for 13 years. However, members of parliament tried to perpetuate their power, they wanted to pass a law that gave them the right to automatically enter the new parliament and all subsequent ones.
Cromwell, accusing Parliament of intending to perpetuate power, dissolved Parliament with the help of the military.
In 1653, the Council of Officers approved a new Constitution - Instrument of Management, according to which power was transferred to the Lord Protector, Parliament and the Council of State. The last two bodies only covered the sole dictatorship of Cromwell, who combined civil and military power, was in charge of tax collection, and controlled justice.
The whole country was divided into 12 districts, headed by major generals, who were endowed with extraordinary powers: from collecting taxes to controlling morality.
Before his death, Cromwell appointed his son as his successor, who was not supported by either the supporters of the revolution or the supporters of the monarchy. In 1658 he was overthrown, and in 1660 the monarchy was restored in England.
The throne was taken by the son of the executed Charles I - Charles II.
At this time in England formed two political forces: Tories - supporters of the king and Whigs - representatives of the bourgeoisie.
King James II of England, who ascended the throne in 1685, desired the restoration of absolutism; being under the influence of the Catholic Monarchs, he restored the Anglican Church against himself, increased the size of the army. Jacob was deposed for trying to break the original contract between the king and the people.
Parliament turned to the ruler of the Netherlands, William of Orange, with a proposal to take the English throne, who agreed. On February 13, 1689, he was proclaimed ruler of England. Wilhelm was a politically weak figure and had virtually no influence on state power. Thus, William of Orange was a puppet king who received the crown from the hands of Parliament.
The Glorious Revolution is a paradoxical phenomenon in the political history of England. The nation changed its rightful king and then pretended nothing had happened. Parliament legalized the illegal and declared that there was no revolution at all.
The bloodless coup that took place marked the beginning of the process of establishing a constitutional monarchy in England. Legally, this found expression in the Bill of Rights 1789 and the Act of Succession to the Throne 1701, which established the supremacy of Parliament over the Crown.
Main provisions of the Bill of Rights 1789:
Every law comes only from Parliament,
No one but Parliament can repeal or suspend a law,
The freedom of debate in parliament, the freedom of petitions,
Only Parliament can allocate funds for the army and determine its size.
The adopted Bill of Rights marked the beginning of the process of establishing a constitutional monarchy in England. He consolidated the results of the bloodless "Glorious Revolution" that took place in 1688.
Since its adoption in England, two principles have been enshrined:
1. regular holding of parliamentary elections,
The bill, in fact, is the first constitution of a bourgeois state.
The role of the lower house of parliament, the House of Commons, has grown. The kings relied on the support of the Tories, then the Whigs, which meant the formation of a two-party system.
The "Act of Succession" (Act on the dispensation) was directed against those who wished to restore the absolute monarchy, established the order of succession to the throne, clarified the rights and obligations of the legislative and executive authorities.
Basic provisions:
1. persons who accede to the English throne must profess Protestantism, that is, belong to the Anglican Church,
2. acts of executive power, in addition to the signature of the king, needed the signatures of the relevant royal ministers (if the document was signed by one king, then it was invalid (countersignature procedure)),
3. The king could not pardon his ministers, condemned by parliaments by way of impeachment.
During the 18th century England followed the path of further limiting royal power. The relationship between the executive and legislative powers was regulated mainly by the practitioners of the formation of "His Majesty's Government".
The monarch remained the head of state, but gradually turns into only a nominal head of state. The cabinet, or rather the prime minister, began to act on behalf of the king, but in fact independently. In parallel with the concentration of power prerogatives (the prerogative is an exclusive right), the question of the responsibility of the executive branch to parliament was decided in the hands of the cabinet. This responsibility was shifted from the king to the ministers in accordance with the countersignature procedure. The principle of forming a government from one party, which won the elections, and not a mixed one, also began to be affirmed. The government could not work without the approval of its actions by Parliament, otherwise it could be dismissed, and in full force (joint and several liability), and from 1784 the Cabinet could avoid resignation by dissolving parliament and calling new elections.
Thus, new principles of relations between the executive power are being formed, based on a system of checks and balances, when the cabinet must assess the political situation both in parliament and in the country as a whole, and in the event of a political crisis, take one of the following decisions:
To retire,
Dissolve the House of Commons and call new elections.
Gradually in the 18th century In England, in addition to acts of parliaments and judicial precedents, constitutional customs became a widely used source of constitutional law, which, meanwhile, went beyond the law and were not subject to judicial protection. The main of the constitutional customs:
Attending a meeting of parliament by the monarch only with prior request,
Election of the prime minister from the party of the parliamentary majority, formation of a government from representatives of this party,
Collective (joint and several liability of the government),
Relinquishing the king's right to veto.
During the 18th century the main features of British parliamentarism were formed: “party rule”, an adjustable change of cabinet depending on the approval of its activities by parliament. But further development was hampered by the archaic way of forming the chambers of parliament, including the House of Commons.
According to the law of 1430, free residents of certain cities and villages, corresponding to a high property qualification, had the right to vote. Some of them settlements have long been empty, but continued to send their representatives to the House of Commons, often appointed by the owner of this land, that is, the local landed aristocrat. This did not suit the industrial bourgeoisie, which led to electoral reforms in the 19th century.
The circle of voters was narrow. They chose mainly small towns and villages, many of which were already abandoned (“rotten towns”), but they had such a right under the law of 1430. Meanwhile, in 18. new cities grew up, the landed aristocracy was pushed aside by the industrial bourgeoisie, which did not its neither passive nor active suffrage.
According to the electoral reform of 1832, many "rotten towns" were deprived of representation, while others had their number of seats reduced. The vacant seats were given to representatives of the new cities, counties, Scotland and Germany.
In 1867, under the new electoral reform, along with the industrial and commercial bourgeoisie, the labor aristocracy also got the opportunity to participate in parliamentary elections. The property requirement was lowered.
Subsequent electoral reforms
They introduced a new principle of election not from cities or counties, but from electoral districts. The number of representatives in the PO depended on the size of the district,
They introduced the concept of political agitation, that is, parties began to fight for votes,
During the period of electoral reforms 30-60 years. 19th century there was an organizational restructuring of the two main parties. The Whigs became the party of the industrial bourgeoisie, defending the principles of liberalism. The Tories expressed the interests mainly of the landowning aristocracy and the financial elite. The parties began to be called "liberal" and "conservative". Voter registration was introduced, party organizations outside parliament appeared, engaged in political agitation, nominating their candidates, and party discipline in voting in parliament was strengthened.
Suffrage for women was introduced in 1918 from the age of 30, equal in voting rights with men - from 1928.
The first feature of English law was the feudal archaism of its forms: the common law and the law of justice.
Its second distinguishing feature is the significant independence of the Anglo-Saxon legal institutions. Few of them have been influenced by legal principles ancient rome. The norms of Roman law were applied in ecclesiastical and military courts, the chancellor's court. Other magistrates took note of examples from Roman law only when there were no precedents.
Thirdly, English law was not codified, that is, there was no set of its current rules. From the middle of the 15th century by 1884 over 14,000 criminal laws had been issued. This often made legal norms inaccessible not only to mere mortals, but even to the most highly qualified lawyers. In the middle
19th century a real scandal broke out: for many years the court of the king's bench considered a case in which the claims of the parties were based on an already repealed law.
played an important role as a source of law arbitrage practice. In the middle of the 19th century collection of judicial precedents amounted to 1200 volumes. Parliament officially recognized (1854) the binding nature of judicial precedents. For their application, special rules were established:
1. the higher courts do not depend on the decisions of the lower ones,
2. the court of first instance is not bound by the decision of a judicial body of the same competence.
3. each court is obliged to follow the conclusions of the higher judicial instances,
4. The House of Lords is limited by its own previous decisions.
As a result, there were often two or more conflicting opinions of the most authoritative courts in similar cases (see paragraph 2). Criticism began to be heard against case law and the law as a source of law in the 19th century. began to play a more important role than before. This is explained by the fact that with the transition to capitalism, it became necessary to regulate more complex social relations that were no longer covered by the ancient norms of common law. Therefore, the importance of parliamentary acts increases.
But the English bourgeoisie did not intend to completely abandon the legal uncertainty that was beneficial to it, in which judicial discretion was of great importance.
Civil law
In 1875, the Act on Special Rules for Concluding Real Estate Transactions was adopted. It provided for mandatory registration of such contracts. In 1893, an Act on the sale of goods was issued. He regulated the relationship between the seller and the buyer and established the moment of transfer of ownership of the purchased items. Relations related to the bankruptcy of an enterprise and the satisfaction of creditors' claims began to be regulated.
There were abolitions of many previous laws on landed property, including the system of primacy. The law of 1936 established the civil capacity of women, but there was still no talk of its equality with men. Equal grounds for divorce were introduced in 1937.
Social legislation. Norms social law Great Britain were the result of the struggle of the proletariat. The conquest of elementary rights by the workers was achieved in the course of fierce class struggles.
Because of the terrible living conditions of the workers, laws were passed on the elimination of infections (1845), 1868 - on the dwellings of artisans, 1890 - on public health. Since 1908, pensions for the elderly have been introduced, in 1909 a minimum was established wages
New types of crimes are introduced: espionage (on the eve of the First World War in 1911), for inciting a strike, a ban was introduced on some solidarity strikes, and strikes by civil servants were prohibited.
In 1936, a law was passed on public order, which sharply restricted the freedom of rallies, demonstrations, and meetings. The police could ban any demonstration for 3 months. The law was directed against the fascists, but it was sometimes applied against the leaders of the left movement.