Sources and main features of feudal law in England. English feudal law (1) - Abstract The development of English contract law was also influenced by royal legislation, which was based on the practice of merchant courts, which were ahead of the "common law" courts

Sources of law. In the early feudal states that arose on the territory of Britain, custom was the main source of law. In some, collections of customs were published with the inclusion of norms legally approved by the state authorities. This is - Ethelbert's Truth, Ine's Truth, Knut's Laws.

After the Norman conquest, the old Anglo-Saxon customs, which were of a local, territorial nature, continued to operate. But in the future, the development of the English legal system took the path of overcoming particularism and creating a common law for the whole country. Played a special role in this process traveling royal judges. When considering local cases, traveling royal judges were guided not only by the legislative acts of the kings, but also by local customs and the practice of local courts. Returning to their residence, in the process of generalizing judicial practice, they developed general rules of law. So gradually, from the practice of royal courts, uniform rules of law developed, the so-called "common law".

Starting from the XIII century. in the royal courts they began to draw up minutes of court sessions, "rolls of litigation", which were later replaced by collections of court reports. It was at this time that the basic principle of "common law" was born: the decision of a higher court, recorded in "litigation scrolls" is mandatory when considering a similar case by the same or a lower court. This principle became known as judicial precedent.

From the 15th century in England formed the so-called "equity". In the event that someone did not find protection for their violated rights in the courts of "common law", he turned to the king for "mercy" to resolve his case "according to conscience." With the increase in such cases, a chancellor's court ("court of justice"). Litigation was carried out by the Chancellor alone and in writing. Formally, the chancellor was not guided by any rules of law, but only by inner conviction, at the same time, when making decisions, he used the principles of canon and Roman law. "The right of justice" supplemented common law, filled in its gaps. "The right of justice" was also based on the principle of precedent.

The source of English feudal law was also statutes, legislative acts of the central government. The totality of the final acts of the king and the acts adopted jointly by the king and parliament is called statutory law.

The "common law", which regulated issues related to feudal freeholding, singled out two types of freeholders: 1) directly from the king - baronies, which were granted to "head holders", and 2) free knightly holdings from "head holders". Both were equally vassals of the king.

From the point of view of the powers of the owner, the "common law" distinguished three categories of holders:

1. Holding "free-simple" - you can own and dispose of, and only in the absence of heirs, it was returned to the seigneur as escheated property.

2. Conditional land holdings.

3. Reserve holdings - holdings that could not be disposed of and which were inherited only by a descendant relative, usually the eldest son (primacy principle).

In the XII-XIII centuries. there is an institution of trust property (trust), according to which one person transfers property to another so that the recipient, having become formally its owner, manages the property and uses it in the interests of the former owner or at his direction.

The legal status of the peasant allotment. Personally dependent (serfs) peasants received the name villans. Willan could not have any property that did not belong to the master. For the right to use the allotment, villans had to bear various duties. There were full villans, whose duties were not defined and were set arbitrarily by the feudal lord, and "incomplete villans", whose duties were precisely fixed. The feudal lord could not raise them or drive them off the ground. They had the right to sue their master in the royal courts.

Over time, a new form of peasant land ownership arises - copyhold. Kopigold - is peasant land ownership based on custom feudal estate (manor), provided to the peasant (copyholder) by issuing him an extract from the protocol of the manorial court, confirming his right to own the plot. By its nature, copyhold was in the nature of a hereditary lease.

There were peasant lands in England, free from duties in favor of the feudal lords, - freeholds.

Family law. Marriage and relations between spouses were regulated by canon law.

Property relations were regulated by "common law". The dowry brought by the wife was placed at the disposal of the husband. He could own and use his wife's real estate even after his wife's death, if they had children in common. In the case of childlessness, the property of the wife after her death was returned to her father or his heirs. The wife did not have the right to conclude contracts, make transactions, appear in court without the consent of her husband.

The succession of feudal holders took place on the basis of primacy. The rest of the property was divided into three parts: 1/3 went to the wife, 1/3 to the children and 1/3 to the church.

Criminal law and process. From the 13th century in England, the division into three groups of crimes was fixed: feast (treason), felony (serious criminal offense) and misdemeanors (misdemeanors).

First of all, the concept of "felony" was developed - murder, arson, rape, robbery. The main punishment for a felony was the death penalty.

In the XIV century. trizn began to be divided into "great treason" - the attempt or murder of the king or members of his family, the rape of the queen, the daughter of the king, the wife of the son of the king, the uprising against the king, the forgery of the royal seal, coins, the importation of counterfeit money into the country, the murder of the chancellor, treasurer, royal judge - and "small treason", which was considered the murder of a servant of the master, the husband's wife, a layman or a cleric of the prelate.

Treason was punishable by death with confiscation of property.

All other crimes were classified as misdemeanors, the punishment for them was not accompanied by the death penalty.

In the XIII-XIV centuries. in England, the jury is being strengthened, both in criminal and civil cases.

Like on the continent.

State formation in England, features and stages of its development

1. Early feudal (Anglo-Saxon) monarchy (IX-XI centuries): a) decomposition of developed relations; b) strong royal power; c) developed rural self-government.
2. Senior monarchy (XI-XII centuries). During this period, there is a weakening of the central royal power.
3. Estate-representative monarchy (XIII-XVI centuries). The advent of Parliament.
4. Absolute monarchy (beginning of the 16th - the middle of the 17th centuries).

Norman Conquest and its aftermath

In the second half of the XIII century. (1265) in England there is a class-representative body (parliament) - a clear evidence of the further strengthening of royal power, its union with the population of the country.

Powers of Parliament

1. advisory function;
2. the right to participate in the publication of laws (statutes);
3. gave an agreement on the collection of taxes (subsidies);
4. judicial functions (impeachment);
5. control over senior officials.

Bodies of the central government.

• king;
• Privy Council;
• parliament;
• office;
• Treasury Department;
• courts - court of general litigation; court of king's bench; treasury court.

• community meetings;
• County courts;
• justices of the peace (had judicial and police powers);
• bodies of investigation and inquiry.

Features of public administration in England during the period of a class-representative monarchy: a mixture of administrative and judicial functions; a combination of state and public principles, especially in the field.

Absolute monarchy in England (XVI-XVII centuries)

English absolutism is characterized as "incomplete". It has the following features:

1. along with a strong royal power, a parliament was maintained;
2. local and city government;
3. weak bureaucratization of the state apparatus;
4. the absence of a standing army, which was compensated by the presence of a strong navy, which provided not only protection from the sea, but also the possibility of conducting an active trade and colonial policy;
5. the king was the head of the church (in 1529-1536 in England under Henry VIII the Protestant form of religion was established).

The special character of absolutism is explained by the appearance at the end of the XV-beginning of the XVI century. in England, the new English nobility (the old feudal nobility was almost completely exterminated in the internecine war of the Scarlet and White Roses). The "new nobility" - the gentry, replenished with people from the urban bourgeoisie (merchants and usurers) and the wealthy peasantry, who bought the land holdings of the secular

and spiritual feudal lords. The interests of the gentry were close to those of the bourgeoisie. The young nobility did not shy away from trading activities and willingly bought titles of nobility. The interests of the new nobles and townspeople coincided, since both of them were engaged in entrepreneurship. This circumstance did not allow the king to disperse parliament. By denying him funds for the upkeep of the army, Parliament thus interfered with the strengthening of royal power. However, England, unlike other European countries, was less in need of a large army due to its insular position.

The Privy Council of the King, which included representatives of the feudal nobility, the new nobility and the bourgeoisie, became the central authority and administration during this period in England. He had wide competence: he ruled overseas colonies, regulated foreign trade, ordinances were issued with his participation, he considered some court cases as a court of first instance and on appeal. The Privy Council actually concentrated all real power in its hands.

During the period of absolutism, the dependence of the system of local governments on the central authorities increased. The shires created the position of Lord Lieutenant. The Lord Lieutenant was appointed by the king, his functions included the leadership of the local militia, the activities of justices of the peace and the police.

England, less than other countries, was affected by the influence of Roman law. Before the Norman Conquest in the 11th century. the main sources of law in England were custom and royal legislation. The promulgation of laws very early became among the Anglo-Saxon kings one of the means of raising their prestige and satisfying material claims.

The first legal collections began to appear here as early as the 6th century. In 601-604. Ethelbert's Truth was proclaimed in Kent. In the 7th century in Wessex Pravda Ine was compiled, in the 9th century. in the first relatively centralized state of the Anglo-Saxons - True Alfred, in the XI century. - Laws of Knuth.

Ethelbert's Truth was based on the norms of old customary law, but it also reflected new legal provisions establishing, for example, increased fines for crimes against the king and the Church, pecuniary penalties of the king in a number of free claims (cases of theft, murder). So, for the murder of a free man, not only the wergeld was paid to the family of the murdered, but also a fine (50 shillings) to the king as compensation to the master.

In the ninth century the king is already acting as the main guarantor of the "royal peace". The protection of the king's life is being strengthened. Maliciousness against his life carries the death penalty. Based on customary law, subsequent collections borrowed the legal norms of the previous ones. The policy of the first Norman kings, starting with William the Conqueror, was aimed at observing the "old and good Anglo-Saxon customs." At this time, therefore, the tradition of stable historical continuity of English law was already emerging, and the role of the main guarantor of compliance with its norms was transferred to a strong royal power, to the emerging system of national royal courts.

The formation of the “common law” of the country was connected with the activities of the royal traveling judges under Henry // (XII century) on an ongoing basis. It considered, first of all, "lawsuits of the crown", that is, cases of direct interest from the point of view of possible revenues to the treasury: about the feudal rights of the monarch, about the discovery of treasures, about suspicious deaths and violations of the royal peace, about the abuses of royal officials. They also dealt with "general lawsuits", or "lawsuits of the people", according to complaints received by the king. One of the channels for the formation of the norms of "common law" was the very practice of royal courts.

At the beginning of the XIV century. the so-called “right of justice” appears, which did not have a rigid determinism, leaving the decision of many issues to the discretion of the judges. From the 15th century scientific treatises appear already on the most important and complex issues of law. Such treatises also have the status of sources of law. With the dominant distribution of case law in the medieval law of England, royal legislation, statutory law (assises, charters, ordinances, statutes) was important at all stages of its development, especially in critical eras.

Another channel for the formation of the norms of "common law" was the very practice of royal courts. Records of court cases (first in the form of a brief, and then a detailed statement of the parties and the reasons for the court decision) were kept from the moment the institution of traveling judges arose from the beginning of the 13th century.

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social order

The English Reformation changed the position of the clergy, who submitted to secular authority. The monasteries were also abolished. The clergy are being forced out of a number of higher civil positions, such as chancellor. The parish rural clergy finally became dependent on the landowners who became their patrons. However, the Reformation expanded the legal capacity of the clergy, such as the right to marry.

Internecine wars in the second half of the fifteenth century. (war " scarlet and white roses") significantly reduced the number of feudal aristocracy. The middle rural nobility advances ( new nobility) which led its economy on capitalist foundations.

In the sixteenth century the personal dependence of the peasants almost dies out. The Villanian holding is gradually turning into copyholder, i.e., possession of a land plot on the basis of the custom of the manor, by record (copy). Copyholders were urgent or hereditary.

Along with them there were freeholders- free holders of land (hereditary or for life) inside the manor on the condition of military service.

As on the Continent of Europe, the main source of English law was custom. In the Anglo-Saxon period, collections of customs appear - Æthelbert's truth(VI c. ) , True Ine(IX century), Knuth's laws(XI century). After the Norman conquest, features of English law that were distinctive from continental Europe began to take shape. By the time of the conquest by the Normans in England, there were no sources of law generally binding on the population, there was no unified judicial system. United "Common law" (i.e., customs common to the entire population) began to take shape starting from the 12th century, when the royal courts began to prevail over the courts of the counties, hundreds and feudal lords. This was especially evident under Henry II, when the plaintiff was given the right to consider the case of his choice - by the zemstvo feudal courts or royal " circuit judges". Royal judges from the twelfth century. become professional and solve cases according to customs (" the law of the country”), and are also guided by previous decisions of the courts and instructions of the royal “ decrees". Each "decree" was issued to the sheriff in a specific case, drawn up according to a certain model and determined the strictly formal nature of the royal trial. Henry II established that the feudal courts could not deal with land cases without the presence of "decrees", the receipt of which became a mandatory initial stage of legal proceedings. In the thirteenth century due to the numerous "decrees" appears " Register of decrees" as an official guide to common law. "Decrees" played a big role in the formation of English " common law”, i.e., rights for the whole country and estates. "Common law" are the decisions of the royal courts, fixed in the court records (" litigation scrolls"). The reference to the cases contained in them confirmed the existence of this or that rule or principle
in English law. In 1180, the royal court appears " general litigation", whose competence in the XIII century. moved to "Court of King's Bench". Cases were entered into “decrees” without a system, which means that it was difficult to use them. Therefore, from the middle of the XIII century. intelligence
about court cases, judges began to draw from "yearbooks"– reports
about the most interesting court cases. Principle " common law» consisted of precedent , i.e., in reference to previous judgments in a similar case on the basis of coincidence or analogy. The precedent becomes binding on judges who could not ignore the content of similar decisions of higher courts.

As well as " common law”, acquire significance and statutes Bills passed by both Houses of Parliament and approved by the King. They were binding on the royal courts, supplementing and modifying "Common law" on many issues.

"Common law" characterized by extreme formalism. As a result, due to non-compliance with formalities, even a just cause could be lost. Therefore, starting from the 14th century, the system “ justice", which existed in parallel with the "common law". The king, as the supreme judge, could consider the case in the order of "mercy" and not according to the "law of the country", but according to "justice".
With an increase in appeals to the monarch for judicial "justice", he turned them over to the chancellor (" chancellor's court»).

In the sixteenth century there are collections of court decisions compiled by private individuals, as well as scholarly treatises on English law - Littleton on land holdings - on types of land law (end of the 16th century), Fortescue"Praise to English laws" (second half of the 15th century). In the seventeenth century chief justice of "general litigation" Cook compiled The Institution of the Laws of England. English courts gradually began to practice referring to the writings of the most prominent jurists. These writings and court decisions supplemented and corrected each other, they constituted a branch of "common law".

In England, borrowings from Roman private and canon law were not developed, therefore it did not become a source of law there.

During the early feudal period in Britain, as on the Continent, custom was the main source of law. Over time, collections of records of customary law began to appear, for example, “The Truth of Ethelbert” (about 600), “The Truth of Ine” (about 690), “The Truth of Alfred” (871 - 901), Laws of Knut ( 1017).

The development of English law was greatly influenced by the Norman Conquest of 1066. The policy of William the Conqueror and his successors, aimed at observing the “good old Anglo-Saxon customs”, served to consolidate these customs and traditions within the framework of a single legal system common to the whole country and later called “ common law."

Royal traveling courts, when considering cases, were guided mainly by customs, as well as the practice of local courts. Summarizing disparate customs, judges have developed common norms, principles and approaches to the consideration of labor disputes. Thus was formed the "common law", which was unwritten and uniform for all of England.

The norms of "common law" inherited to a certain extent the provisions of ancient Anglo-Saxon law, Norman customs, decisions of royal courts in the most important cases. They also perceived the rules of international trade that were applied in merchant courts, for example, on representation, insurance, partnership, etc., and were also influenced by canon law. English feudal law was practically not influenced by Roman law, which was not as widespread here as in the countries of continental Europe.

The norms of "common law" were consolidated by recording records of individual court decisions in the so-called Scrolls of litigation. In the last decades of the thirteenth century a regular compilation of a series of reports, or "Annuals", began, which continued until 1535, when they were replaced by court reports from private compilers.

In the activities of the royal courts, royal prescriptions, which were issued to the plaintiff for a fee, were of great importance. Representing a certain form of claim, they had a considerable influence on the development of "common law".

Emerged on the basis of the feudal society of the XII - XIII centuries. "common law" to the V century. ceased to correspond to the new conditions, i.e., the development of capitalist relations.

A direct consequence of this was the formation from the XIV century. a new system of legal norms - "rights of justice", more adapted to the needs of the developing trade turnover. The mechanism for the emergence of the law of justice was that the plaintiffs, who did not find protection for their rights in the courts of common law, turned to the king “for mercy and justice”. Soon the king ceased to examine such cases personally, and began to refer them to the decision of the Lord Chancellor. The first written order on behalf of the chancellor himself, and not on behalf of the king, appeared in 1474.

Over time, the Court of the Lord Chancellor began to gain more and more influence, since its activities were not strictly bound by the rules of procedure. It was not necessary to obtain an expensive order to bring a case in the Court of the Lord Chancellor, it was enough for the plaintiff to state the merits of the case. The dispute was considered without the participation of a jury, which significantly speeded up the proceedings.

Formally, the Lord Chancellor was not bound by the law in force. He applied the norms of "common", Roman or canon law on the basis of "reasons of justice".

In the XV century. there were disagreements between the courts of "common law" and "justice", mainly due to the interference of the chancellor in the scope of "common law".

At the beginning of the XVI century. the differences between the courts of “common law” and “equity” have already become clear. The reason for them was the restraining orders, through which the chancellor acquired the right to interfere in the activities of the "common law" courts, calling into question the correctness of their decisions and thus the authority of these courts. At the end of the XVI - beginning of the XVII century. as a result of the intensification of the struggle against royal absolutism, a sharp conflict arose between the courts of "common law" and the "courts of justice." The "common law" judges took the side of Parliament against absolutism. The chancellor's court took a conservative stance and sided with the king. The conflict was resolved in favor of the Court of Chancellor, since King James I recognized the priority of the norms of "justice" over "common law", which meant the victory of the absolutist claims of the Stuarts.

Along with the judicial precedent that created the “common law” and “the law of justice”, royal legislation also became the source of law in feudal England.

The laws of the king were called assizes, charters, but most often ordinances, statutes.

Gradually, the name of the statute was assigned to an act adopted by parliament and signed by the king. statutes Acts of Parliament began to differ from other sources of law in medieval England in that their legality, unlike their interpretation, could not be legally debated.

Among the sources of medieval English law, a special place was occupied by the norms of commercial and canon law, as well as scientific treatises by the most authoritative English lawyers.

Property rights. Land was of paramount importance among other objects of feudal property rights. The king was the supreme owner of the land, the lords, who were considered “head holders”, held the land directly from him, they, in turn, transferred the land to their vassals, etc. (subinfeodation).

There were three types of main free land holdings, which differed in their legal regime, especially in the right of disposal. First, the granted lands, which passed to the heirs of the holder. Secondly, protected lands, the holders of which could not alienate or encumber their estates to the detriment of heirs, usually descendant relatives, eldest sons. Inheritance of protected estates by will was not allowed. Thirdly, the conditional lifelong tenure of the land, which, in the event of the death of a vassal, passed not to his heirs, but to the lord.

The most common land disputes heard in the “common law” courts were land claims.

The heirs of the deceased free holder, on the basis of the assize “on the death of the predecessor”, received the right to claim against the persons who seized the disputed possession. A similar right to claim was granted to persons who had lost the free land holding that belonged to them by law.

From the 13th century as a form of land holding, the lease of land by free landowners begins to spread, which the courts of “common law” finally recognized only two centuries later. The right provided certain means of protection to the tenant, and the owner could not drive the tenant off the land before the expiration of the contract.

In terms of “common law”, he was distinguished by great originality land mortgage institution. It was understood as the transfer of ownership of land to the creditor arising from the loan agreement, but with the possible return of it to the debtor in case of payment of the debt. Late payment, from a “common law” point of view, was the reason for the loss of title to the land. In the XVI century. the law of justice for the first time formed a rule according to which the pledgor, in the event of subsequent payment of the debt, could claim the return of the land.

The procedure for formalizing land transactions was confusing and expensive. She demanded that special documents be drawn up in an urgent form with their mandatory registration in court. Land transactions that were improperly executed were deprived of judicial protection.

Obligation law. English feudal law was aware of the obligations arising from their contracts and from the infliction of harm. Two main types of contracts were distinguished according to the form of their conclusion: formal, arising from contracts and from causing harm, and informal, or simple, contracts. The "common law" provided protection only to formal contracts in the form of monetary compensation for losses caused by default.

The “right of justice” in a number of cases gave protection to informal contracts, for example, in case of loss of a document, breach of promise, etc. At the same time, the Chancellor’s Court developed the principle of contract performance in kind. The actual performance of the obligation was provided both for cases where the defendant had to perform some actions in favor of the plaintiff, and for cases when the defendant had to refrain from performing any actions. By the end of the XV century. the "common law" also began to provide protection for informal contracts through a special "take over" action.

The Statute of Monopolies of 1624 regulated in detail the activities of various types of companies. It contained a classification of companies according to their legal status, sources of funding, competencies, the procedure for making profits and liability for losses.

Family law. Marriage and family relations were regulated mainly by the norms of canon law. "Common law" determined only the property relations of the spouses. A married woman could not independently conclude contracts, dispose of property, especially bequeath it, accept gifts without the consent of her husband. Adultery was considered a crime for which the parties were responsible. Such a measure as “excommunication from the table and the bed” was also allowed. Illegitimate children were not recognized as "common law", their legalization was prohibited by the Merton Statute of 1236.

Criminal law. During the period of formation of feudal relations, the norms relating to crimes and punishments stemmed from ancient Anglo-Saxon customs. Crime was understood as a breach of allegiance to the king, whether harm was done to the king or private individuals. Taleon, outlawing, monetary fines in favor of the king and the family of the victim were used as punishments. Blood feuds were still widespread.

In the XII century. The Assizes of Henry II of Clarendon (1166) and Northampton (1176) brought significant changes to criminal law. There are two main types of crimes: against the crown and against individuals. Crimes affecting the interests of the royal power were investigated as serious and severely punished. Serious crimes also included crimes against the church, some crimes against persons and property.

At the end of the twelfth century, the concept felony, the mention of which is already found in the Northampton assize. This term was originally used to denote treason to the lord, which entailed the loss of fief. Soon it was extended to a number of serious crimes, such as murder, arson, robbery, theft, and rape. Felonies were usually punishable by death with confiscation of property.

In the XIV century. in the feudal law of England, a three-term classification of crimes is formed according to their severity. Of the felonies, treason stands out - the most serious state crime. This is followed by a felony, which is a felony, and then a misdemeanor, a petty felony. In 1351, a special statute on high treason was issued, which introduced the concept of “great treason” and “small treason”. There were several types of “great treason”: rebellion against royal power, encroachment on the rights of the king, murder of the king or members of his family, chancellor, royal judge, rape of a woman of the royal family, counterfeiting.

The concept of “small treason” was limited to three cases: a) the murder of a master or his wife by a servant; b) the murder of the husband's wife; c) the murder of a superior prelate by a clergyman.

A distinctive feature of the feudal criminal legislation of the XIV century. there was a tendency to tighten the criminal law repression.

Process. English law was bound by the strict limits of judicial procedure. The process was adversarial. It proceeded publicly and orally, the parties were endowed with equal procedural rights. The case was initiated by the plaintiff, and the trial proceeded in the form of a dispute between the parties. The main types of evidence were own confession, oath, testimony of witnesses, ordeals. After 1066, judicial duel became widespread. The bulk of the claims under the "common law" up to the XIV century. versed in local or feudal courts, since each lawsuit was an important source of income. Therefore, local feudal lords were extremely reluctant to agree to any changes that led to a reduction in cases in their courts.

The institution of juries originated in English trials as early as the 11th century, but became firmly rooted with the introduction of Henry II's assizes, which treated jurors as witnesses of fact.

At the end of the XIII - beginning of the XIV century. There are two types of jury trials: the grand jury and the petty jury. In the middle of the XVI century. The functions of the grand jury were reduced to the approval of the indictment. The small jury considered the case on its merits and rendered the final verdict.

With the coming to power of the Tudors, investigative principles began to penetrate into criminal proceedings. The prosecution of the accused began to be carried out in two ways: in the order of summary proceedings and on the basis of an indictment. Total production- a form of process provided for by the "common law" and intended for the consideration of minor criminal cases by justices of the peace, sheriffs, courts of hundreds or counties.

Prosecution on indictment consisted of four stages: arrest, trial, trial, sentencing. Until the day of the trial, the accused was kept in custody, not having the right to familiarize himself with the evidence of his guilt, to present witnesses in his favor. Slanders by one accused of another were used as evidence. The interrogation of the accused was often accompanied by torture. The position of the defendant in cases of high treason was especially difficult.

Judicial decisions were not allowed to be appealed. The only way to appeal could be a claim for an error, pointing not to judicial errors, but to inaccuracies in the preparation of the protocol. The Court of Queen's Bench had the right to intervene in the judicial process by issuing special restraining orders.

FINDINGS

1. For the first time in the historical annals, references to England are subsidized by the 1st century AD. from the reports of Roman military leaders on the results of their conquests.

2. Holding power in the conquered territory required additional financial costs, human potential.

3. The crisis of the Roman Empire allowed the barbarian tribes of the Angles, Saxons, and Jutes to conquer the British Isles and create the first proto-states there, between which internecine wars were constantly fought.

4. England as a state is formed after the conquest of Britain by the Duke of Normandy William in 1066.

5. Passes through the following stages of development: early feudal monarchy, estate-representative monarchy, absolute monarchy, which here received an "incomplete character"

6. The most important achievements of feudal England are:

· Creation of the first parliament in world history;

The use of the impeachment procedure as a form of constitutional and legal responsibility of the head of state for the abuse of his official position

· Adoption of the Magna Carta of 1215, aimed at protecting the rights and freedoms of English subjects;

· Establishment of a jury;

Establishment of one of the most important procedural rights of citizens "presumption of innocence"

Formation of precedent as one of the most important sources of law in England and the creation on its basis of one of the largest legal systems of our time - Anglo-Saxon, or the system of "common law"

Creation of an Anglican Church independent of the influence of the Pope

· Creation of the largest navy;

The transformation of England into the largest colonial empire of the New Age, subordinating more than 50% of the territory and population of the globe to its influence

· The first state where a bourgeois revolution took place on a European scale, the purpose of which was the overthrow of the absolute monarchy of the Stuart dynasty.

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