Classes under Absolute Monarchy.

1. In XVI c. in France it became to form the absolute monarchy. Origin of this new form of monarchy is caused that with the end of XV c. it became shaping capitalistic mode in country in industry and agricultures:

- manufacturing appeared in industry, but with it - a mercenary labor, which recruited from ravaged small handicraftsmen, apprentice and peasants;

- it grew up external trade with other European countries, with Orient, with America through Spain;

- capitalistic and half-capitalistic relations in agricultures shaped up urgent lease.

The development capitalistic mode accelerated the decomposition of feudal relations, but did not destroy them:

- in cities craft, small shop and free handicraftsmen and salesmen existed in all branch, where was not a manufacturing;

- it was saved property of senior on peasant lands and, as effect, feudal payments, church tithe and so on.

2. To XVI c. French monarchy had forfeited existed earlier representative institutions, but saved its class nature.

The First two classes - a clergy and gentry - completely saved its privileged position. Under 15 million people of population of the country in XVI - XVII cc. it pertained to clergy approximately 130 thousand people, but to gentry - beside 400 thousand people, so suppressing mass of the population in France formed the third class (in composition of which the peasantry entered).

The Clergy, under its traditional hierarchy, differed the big spottiness and shown the unity only in longing to hold class, feudal privileges. Contradictions increased between top of Church and parish priests.

The gentry had occupied the dominating place in public and state life of French society, however in its composition it occurred important change. Much high-born " gentry of the sword" had ravaged; their place in land-owns and in all section of royal device it occupied the representatives from city tops, which bought on ownership judicial-administrative job titles (given gentry’s privileges), sent it on inheritance and became so named " gentry to mantles". Gentry’s status was given also as a result of salary by special royal act.

Inwardly the third class it increased social and property differensation (дифференциация?):

- on its lower step peasants, handicraftsmen, unskilled laborer, unemployed were found;

- on upper – that, from who it was formed class to bourgeoisies: financiers, salesmen, shop master, notaries, attorneys.

43. Right of medieval England

1. Property law. 2. Family Law. 3. Inheritance law. 4. Criminal law. 5. Lawsuit.

1. English medieval real right to know the division of property both movable and immovable, but the more common and traditional division of things was pi real property and personal property:

• the real property is protected by real claims (if successful which lost item back to the owner). To the real property includes a generic property, and such right to the land, which had the character of a free holding, fief of the king or other lord;

• Personal property is protected by personal claims. To her treat all other things. Land held a special place in the English medieval law. Land rights are determined by two main concepts:

• possession, holding (tenancy);

• The volume of the owners' rights and legal interests of the (estate).

Possession could be:

• free (freehold) - own the land held under objection knightly service, or by right of personal service, as well as a free peasant landholdings (sokazh);

• free (copyhold) - ownership of land under the terms of execution

personal and agrarian peasant obligations in favor of the Lord, and the modern law of succession has become a feudal rent. The notion of the owners' rights to property (estate) includes the rights of persons who are involved in a relationship of ownership, use rder and control over the property, and also gives an idea of ​ ​ the set of means to transfer ownership. Historically, developing, it took the form of:

• Obtaining land lords prior sale, provided that its new holder shall assume all the obligations of the former office;

• possession, close to private property, with the only difference in the absence of heirs land is not escheat;

• protected land rights (the rights of " protected land");

• life tenure;

• possession of a certain period.

Purely English institution of property law was the institution of trust (trest): when one person transfers to another property in their property or part of it, so that the recipient to become formally the owner, property manager and used it in interest of the former owner or his instructions.

With the development of market relations in English law began to take shape and develop law of obligations: obligations of torts and contracts.

Medieval English law of obligations known in among others, the following forms of lawsuits:

• a claim for debt;

• a claim for the report (the person who has been entrusted people's money);

• claim agreement (requiring the debtor to perform the obligation, established by the agreement of the parties);

• claim for protection of verbal agreements.

2. Family law in medieval England for the interest and protection of feudal tenure. As in other European countries this period, it is governed by canon law, for example, church form of marriage, divorce and polygamy ban etc. English medieval family was patriarchal family. Movables women for marriage passed to her husband, in respect of immovable property shall be established to control. A married woman had no right to an independent conclusion contracts, to speak in court in his defense. Married women in peasant, artisan and merchant families enjoyed greater legal capacity - they can manage their property, make deals, engage in trade.

The usual common law recognized divorce, even though canon law did not permit it, allowing only under certain circumstances separation. In case of divorce or the death of her husband the woman leaves the husband's family, received his share of the family property.

3. The English medieval law of inheritance and knew the law, and will.

In inheritance by law established principle of primogeniture - to avoid crushing feud devolution of land ownership eldest son, and in his absence - the eldest in the way.

Testamentary succession in some areas was limited and not allowed to remove the inheritance of legitimate heirs.

English medieval criminal law traditionally divided all crimes into three groups:

• Felony (Фелония)- a concept which has developed in the XIII century. and meant serious crimes (murder, manslaughter, theft of property, forced entry into a strange house at night in order to commit them, etc.). Felony punishable by death and confiscation property;

• Cheating( Измена ) released from the number of other crimes in the XIV century. and became the most serious offense. In treason to violate duty of loyalty to the king by his subjects (the great betrayal), and as crimes against state security (Sedition, unlawful assembly for rioting, conspiracy, an agreement between two or more people with illegal intentions);

• Misdemeanor( Мисдиминор ) - a concept that has evolved gradually from the offenses previously punished merely the recovery of damages in civil order. Over time, this group of offenses were including fraud, false identities, forgery. Misdemeanor punishable by imprisonment or a fine.

5. Trial in XII - XIII centuries. wore a guilty character(обвинительный характер). Later the English proceedings was accusatory-adversarial (обвинительно-состязательным) in both civil and criminal cases. Preliminary investigation did not exist. Ecclesiastical courts (Церковные суды) resorted to the services of investigators who have studied evidence and established facts. Their conclusions were based. In courts of law the evidence gathered by the parties. In the end of the XV century. were convened special jury indictments jury to examine the prosecution. If they recognized sufficient arguments in favor of the prosecution, that make up the document on charge. This check could conduct and justice of the peace. After the parties have provided their evidence, the judge was to summarize the facts of the case and to give advice to the jury pointing to the legal issues in the case. A jury returns a verdict the guilt or innocence of the accused.