Anglais juridique.
Cours : Anglais juridique.. Recherche parmi 300 000+ dissertationsPar Daika Ivessi • 20 Novembre 2016 • Cours • 6 887 Mots (28 Pages) • 996 Vues
Anglais juridique
DE MONTFORT’S PARLIAMENT- 1265
- not xalled a Parliament but very similar to contemporary Pt
- Tried to implement the Provisions of Oxford
- Short-lived
- Henry’s troops rallied, De Monifort was killed in 1265
- Henry III returned to power
HENRY III’S RETURN TO POWER
- Henry summoned (convoquer) tne Council and acknowledged the Provisions of Oxford
- Concessions made to maintain the balance of power between the barons and the king
- continued by Henry’s son Edward I
- Re- issued the Magna Carta three times
- Set up a system for enforcing these rights
EDWARD II A WEAK KING AND A POWERFUL PARLIAMENT
- Edward II’s reign : 1284-1327
- Criticisms :
- Too many taxes on barons
- Favouritism, bad appointments
- homosexuality
- 1309 – confrontation between the King and the barons
- 1311 : 13 ordinaces reduce King’s powers
EDWARD’S DEPOSITION
- Edward repealed (annuler) the 1311 Ordinances
- He reinforced favouristism (despenser family)
- The Queen (Isabella) formed a plot with lover Lord Mortimer
- 1326 : Queen travels to France (country of origin) and buys support to invade England
- Edward’s lords deserted him
- He fled to Wales (Pays de Gale) and was arrested
EDWARS’S DEPOSITION BY PARLIAMENT
- How could Isabella and Mortimer depose the King legally ?
- Parliament
- Parliament must be convinced that deposition of King is necessary and legal
- 1327 : Edward officialy and unanimously deposed (later also forced to abdicate)
- Replaced by his son, Edward III
=> Dangerous precedent
EDWARD III AND THE GOOD PARLIAMENT
- Edward III’s reignmarked by militatry losses and corrupt royal officials
- Parliament summoned in 1376
- The Commons held the initiative
- They elected a Speaker of the House of Commons to communicate with the King
- impeachment proceedongs (procédure de destitution) against four corrupt royal officials
- Convicted (condamné) by the House of Lords and removed from office
FROM GOOD TO BAD PARLIAMENT ANOTHER DEPOSITION -RICHARD II
- Richard II’s reign (1377-1399) marked by
- Discontent with the church
- A lot of pooverty
- A new poll tax (cens)
- Peasants’ Revolt of 1381
- London was stormed
- The Chancellor and the Treasurer ( ministre des finances, trésorier) were killed by the mob
RICHARD’S AUTHIRITY UNDERMINED
- Nobles unhappy with King’s management of the 100 year war (guerre de cents ans) (1337-1453)
- 1386 Wonderful Parliament : commission to take over country’s management
- Richard continued his strategy (negotiations) and obliged judges to convict the commission of treason (trahison)
- Dissenters raised an army/ so did the King => military conflict
- King defeated and obliged to summon a Parliament
THE MERCILESS PARLIAMENT 1388
- Accused the nobles who had helped Richard
- No real trial
- Executions of King’s councellors
- Exile of judges involved in treason case
- No mercy (pas de pitier) (pity/ sympathy)
- Parliament issued Bills of Attainder (very severe punishment for treason, such as loss of land and inheritance right, no trial)
- Richard’s court : magnificent and French-inspired
RICHARD AND BOLINGBROKE (DUKE OF LANCASTER)
- Richard became convinced that Bolingbroke was plotting his deposition
- He found a way to banish him to France and take away his lands
- Bolingbroke drew up an armed force and invaded England while Richard was in Ireland
- Bolingbroke won easily
- Richard was held captive in the Tower of London
THE DEPOSITION OF RICHARD II : PARLIAMENT MAKES KINGS
- Richard was « persuaded » to abdicate
- Parliament assembled and passed the Articles of Deposition unanimously
- Richard II was considered unfit ( inapte à)to reign
- Bolingbroke pronounced King Henry IV (descendant of Edward III)
- also needed Parliament to sanction his usurpation of the crown
ENGLAND DURING THE TUDOR ERA
- The country became more prosperous
- The population grew
- New territories were discovered
- Protestantism
- Merchants and big landowners increased their power
- The king also increased his power
HENRY VII’S CONSOLIDATION OF POWER
- 1. In 1487 he settled the problem of « retaining »
- Used by lords so retain large armies
- One of the reasons for the civil strife in the 15th centuary
- Nobles were no longer to retain armies
- 2. In 1487 he set up the Star Chamber Court :
- A court designed to try (juger) those accused of treason
- The court had a large degree of flexibility
- Was used to eliminate rivals
- 3. Henry became less dependent on Parliament for money
- He avolved wars
- He reducted royal expenditure (dépenser)
- He imposed heavy fines ( amendes) on those who broke the law
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