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cours de civilisation britannique du 1er semestre des DU droit du common law avec MME Mulot ...

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British Civilization The Normans and the Angevins I.The Norman invasion a) William of Normandy (1028-1087) 1. The reasons for the conquest W. born in 1028 out of marriage. He is the illegitimate son, but the only survivor heir of Robert I Duc of normandy. Known as the Bastard by his ennemies. Robert decided him to become his heir with the agreement of the King of France Henry de France and of the Norman barons. 1035 = Robert died. William just 8 years old. His great uncle assure la régence pdt sa minority ( to young to rule). W. were lucky to survive the political climate and the violence ( period marked by corruption, assassination, exil, murder etc). tHE ATMOSPHERE OF VIOLENCE MAKE HIM MUCH STRONGER. It forges his character. When he was 15, began to rule for himself. Was a fierce ruler (continiusly at war with his neighbors). 1047 —> emerge as the dominant power in Normandy (Val es Dunes battle) 1052 —> W. extremely powerful. Establish himself as united and efficient state. Ecrase menace + rebellion + invasion of the french king ( french defeated in 1054 battle of mortmere) 1057 —> very powerful. gagne territories in southern normandy. rEADY TO CONQUER NEW LANDS. So strong that French king + Geoffrey d’Anjou against him. William wants to expand again ( concern England). De +, he believed that he was being promeced the english crown by Edward the cONFESSOR. (possible but questionnable). iT LEGITIMATE HIS POLICY OF EXPANSION. Prob : when Ed died, names his heir : Harold Godwinson brother in law) W. heard. very angry. claimed that Harold had sworn in 1064 to support his succession. Feel cheated : gonna take England by force with the support of the pope.Decide to take the throne. Harold seen as an usurper. Avant , trône accordé à celui avec le plus de support. Tapisserie de Bayeux : Harold aurait secretly sworn on secret reliques —-> purger ( car a trahi promesse ? ) b) The conquest During spring and summer 1066 , William prepare invasion but bad weather so has to delay.

Entre temps, Harold a du envoyer des troupes au Sud pour éviter invasion française car connait plan de W. Cependant, prof au nord car Harald king of Norway wants the English tronc. ( arrive by the N-East Coast). Harold forced to go to the North with troops to fight the Vikings. Defeats them. (26 sept 1066). Au même moment, William and his fleet lend in Penvesey in the South. Nobody to stop them car sont au nord. Pillages. Quand Harold apprend, had to rush to the south but troops are exhausted. c) The battle of Hostings When : October 14 , 1066 Where : Senlac Hill East Sussex Who : Saxons under Harold of England VS Normans under Duke William of Normandy. Les normands a cheval court vers Saxons. Saxons poursuivent. Se font encercler. Harold voit ça, il est choqué. Il se prend une flèche dans l’oeil, Il meurt. Norman Victory. William crowned King of En. at Westminster abbey the 25th December of 1066. d) The impact of the Norman in England

William controls England. Construit bcp de châteaux ( les normands) Vivent isolés dedans car mal acceptés. sTRONG RESISTANCE of English people against the Norman minority. 1067 to 1071 —> several revolts. W position still fragile. 1069 to 1070 —> english aristocratie revolte against him in the North. William invade the north (Harriying of the north), put down the revolt with great brutality ( widespread, destruction and plague) Retard éco du nord pdt 20 ans. lANDS ARE GIVEN TO THE nORMAN. They replaced the English language of the aristocratie by French. Castle = visible signs of conquest W. fait construire de grandes cathédrales dans le style normand … bcp influences. A part of the Norman aristocratie live in England but most chose to live un France + have lands in England. 1086 : England and Normandy political community. Norman infiltration of aristocratie, culture etc. The social structure and administrative system left unchanged. Judicial system : only minors changes. England = Source de revenu for W. but Normandy = home.

II. The Feudal system William declared all the lands belonged to him. The king is the chief of the feudal system. Barons paid money to him + swear allegiance for the lands.

The villains paid rent to barons. In reality, the barons are the master of the land because il fait justice , crée et récupère des imports, ont une armee. 1085 (publish 1086) —> Domesday book ( W. last great achievement) The domesday book : detailed of the lands and landowners in English. William’s administration went and asks all the farmers about what they had and written it on paper. bonne idée. Able to tax people more efficiently (. car on connait richesse de chacun). Très impopulaire auprès des gens car le roi savait chaque richesse et pouvait donc demander plus de taxe. The book is unique in history of feudal monarchy in Europe. Pour les gens, très négatif, vu comme fin du monde.

A l’époque, William passait bcp de temps en Normandy, that’s why the feudal system was really important. Un jour, quand essayait d’étendre son territoire au Vexin, tombe de son cheval et meurt ( en plusieurs jours). Il faisait très chaud donc corps a gonflé. A explosé quand on voulu le faire entrer dans cercueil. Même si très violent, très pieux. God on his side.

III. After William : the successive Norman king a) William’s sons

- Robert Courthouse = got Normandy - William Rufus = got english crown - Henry Beauclerc = King after William’s II death Prob : the sharing of the lands Certains barons avaient des terres en Normandie et en Angleterre, sous deux rois différents. Or problématique si les deux frères se font la guerre car couldn’t serve 2 lords and They must Pay feudal allegience to 2 lords. Porb de stabilité entre l’héritier d’Angleterre et celui de normandie. Ne pouvait y avoir qu’un seul roi. Déclenchement d’une guerre. William II doit acheter la normandie. Pas un bon roi, impopular, greedy, poor administrator.

William II (1087-1100) : killed during hunting expedition ( on sait pas si accident ou meurtre). Henry était intelligent. Knows that it was a good opportunity to be crowned because Robert was out country for Crusade. When Robert come back, Henry had good alliance secured. Robert put in jail. Henry was the first king with good education and able to read. hE LEFT nORMANDY AND A PENSION TO HIS BROTHER BUT IT DIVISED THE state in two so not super. He made a good work with the legal system = form the Court of the Echequers ( nom venant des échecs).

b) The problem of succession Henry’s two sons died. One of his son died before his dad in a boat during a storm. Before Henry died, he makes his barons swear allegiance to his daughter Mathilda. They have to accept Mathilda as the Queen. But after he died, the barons change their mind and it’s Mathilda’s cousin Stephen of became King. He comes from France and made alliance to be accepted. However, still prob of succession between Mathilda and Stephen. Civil war between Mtahilda’s supporters and Stephen’s supporters. ( monarchie perd du pouvoir, église en gagne). c) Stephen I (1135 à 11! ! Anarchy in England Know as simple minded and tactless. Reign marked by political instability + civil war. Fought his cousin Mathilda to keep the throne. Trouvent finalement un accord : règne jusqu’a sa mort mais son héritier sera le fils de mathilda, le futur Henry II. Henry II is going to be the father of the Common law. Lots of innovation in the legal system. Epouse Eleanor d’Anjou, et du coup, a plus de terre que le roi de France.

IV. Influence of the normans on legal system Before 1066 : law made of oral customary rules; with varied according to region. Each region (county) had its own local court dispensing its own justice in accordance with local customs that varied from community to community and were enforced in an often arbitrary. Henry II petit fils guillaume le conquérant.

He was the first of the angevin King. Mathilda married with Geoffroy d’Anjou. Emblem : Planta Genesta (sprig of broom) Henry II (1154-1189) : First of the plantagenet king. He first task : remettre en place the respect of the monarchy, reduce the power of the barons ( because they had more power during the reign of Stephen). Have to reestablish his aurotity. Immediate step against the barons and opposition : He maried Eleanor of Aquitaine —> acquire a lot of territories. Possessed enormous empire ( from Scottish border to pyrenees), more lands than the French King. Restaure law and order in England + father of the Common law. She was older than him ( a deja ete marié au roi de fRANCE, lui a 18 ans quand se marie et elle 30) ( divorce avec roi de France car donnait pas d’enfants). She was beautiful, strong minded. Henry II thought the king shroud be both judge and war lord. Great King. Suppress evil laws and customs. Believed in Royal control over the clergy. His predecessor had let the power of the Church grown. Henry wanted the clergy who committed murder etc to be traduce in front of the Royal court to be hardly condamne ( car a l’epoque de stephen, quasi aucune punition). The judicial system became more centralize. Remembered for Thomas Beckett’s death : le roi était énervé et a dit que lui avait poser bcp de problème. Des soldats l’ont pris au mot et l’ont tué. Or le roi voulait pas. His mariage broke down, the king’s sons against him because of her. He died alone and heart broken with his sons in war against him. He died and his son Richard I (1189-1199) become the king ( rule England during 10 years). He was known as the Lion heart : *

- Great warrior, chivalrous, ambitious. mILITARY GENIUS. - One of the best remembered english King. pREOCUPY with the 3rst crusad and well known for his exploit during it. Preocupy in fighting the infidels and defend his ancestral lands. mOST OF HIS TIME FIGHTing or in France ( 6 month in England in ) —> absent king For his fights , he ruthlessly taxed English. On his death , he left England bankrupt. England only to finance the crusade. When the king wasn’t in england, administrators to rule on his place. During crusade : blessé + gangrène —> mort. bURIED in france.

Successor : the youngest son of Henry II and eLEANOR : John I. Not a good press because he was cruel, self serving, clever, suspicious and paranoid. He was interested in judicial and financial administration ( bad fighter). Not trusted anyone so write everything down. He inherited a big country but in bankrupt and torn by civil war. During the reign of King john that all the plantagenet’s land were lost ( sauf Gascony) 1200 : He married Isabella of Angoulême but she was promised to a friend of the french king ( didn’t care and bring her in England). The king confiscated John’s French territories ( Aquitaine, poitou, Anjou) And give them to Arthur, Prince of Brittany ( john’S NEPHEW). John angre, declared war on his nephew + imprisoned him and killed him. —> French unite against john, who returned to England at the end of 1203 allowing pHILIP to claim all his french territories leaving. Norman Barons very angry because had lands in the 2 country so when the French king invade Nomandy, they lost this lands, and had juste their lands in England. At this time, english nationalism born because the barons had to stayed and be concentrate on their french lands. John almost always present in England but become unpopular because impose hight taxes on the barons to fight the French + quarreled with the pope in 1205 because seized church lands to pay for his wars. To punish John, he places England under an Interdict ( the clergy going on strike : ex : gens pas baptisés, pas de messes, pas d’enterrements dans les. bonnes conditions —> protest). 1209 : John excommunicated by the pope ( très grave). Or john still in need of soutien so he offered to make England a fief of the Papacy. Clever move because now under the protection of the pope. Pope became feudal chief of John. French couldn’t anymore invade England. Pope agreed, John est pardonné. Continue to tax barons and clergy and even increased taxes + exploited his feudal rights to pay for wars. 1214 : defeated by French at the battle of Bouvines. Barons very angry —> rebellion because they don’t want John to be the King anymore. = rEBELLIOuS BARONS met king at Runnymede 15th in June 1215. John forced to sign the Articles of the Barons, «" the great charter"». Seen as a compromise, a peace treaty between the rebellious barons and the KINg. Describe in details how John had gone beyond his Right as a feudal over lord. pUT A END AT THIS PRATIQUES. The original Magna Carter resembled :

- a vindictive list of things the King shouldn’t do. - Aimed to protect monarchy and nobility from the will of one King. ( not anymore a despote)

- The 1215 charter’s chief concern tax relief for the barons ( wanted to pay less taxes) - Established a law that was above the king’s will.

- The law is an independent power unto itself and cannot be violated by the King. Law exists independently of the King. The charter only remained.. John had no intention to obey when signed the charter. Charter annule by the pope —> war between barons against and for the king. 1215-1217 : First Baron’s war ( barons fighting each other and the king. 1216 : during campaign, John died of disentry. Left an England torn and in a civil war. At this time, the french dauphin was at the south of England. ( because the rebellious barons asked him, the son of Philipp august to invade England).

Herny III (1207-1272) : Inherited throne aged 9 French dauphin in france because of the barons but change their mind so they want to get ride of him finally and the barons became support of Henry III to came back a the peace. Thus, England ruled by his regents until 25 because Herny III was to young. Cleved young because possibility to reestablish a new form of magna carter ( qui a ete revised and reissued by them). When became king, Accord between king and barons and the king accepted Magna carter but he wanted to rule for himself, alone, without people who have control him a long time. He believed in the absolute power of the king, not wan ted to share the power with the clergy and th barons —> problems. hIS INDIFFERENCE TO OBSERVE THE TERms of Magna Carter angered th barons —> led to series of crises after 1232. The english nobility jealous because the king granted favors to foreigners. —> nationalism, english interests. (french became foreigners) His foreign policy similar to the one of King John. Wanted to reconquered his father’s lost lands but foreign wars were. very expensive. —> more discontent amongst barons ( heavy taxes). Everithyin came to a climax in 1258 : barons (led by Simon of Montfort) forced Henry to agree to radical reform ( the provisions of oxford). = placed the barons in virtual control of realm. This document detain details of the English common law. - They took over th government, elected council of 15 nobles —> named parliament = an irregular gathering of lord’s and kings advisors. To be held 3 time a year. The parliament also controlled the steasury. To advise the king and the entire adminitrrsation. This barons supported by the towns who were tired of the king’s taxes.

1259 : pORVISIONS OF wESTMINSTER, INCLUDED DETAILED reforms of the English common law. Henry’s refusal to implement provisions —> revolt

° The «"baron’s war"» : Those of supported the reform VS those who remained loyal to Henry. Outcome : Eventual defeat of De Montfort at battle of Eversham 1265. dEATH OF hENRY III in 1272. iNCREASING influence and power of the barons. His successor :

Edward I (1272-1303) : «"longshanks"». Reign marked by war in Wales and Scotland + Legal and adminsatritive laws Strong King, reasserted royal prerogatives. Brought together the 1st real parlement. Created a «"representative institution"» to give him money —> The House of Commons. One of the most successful Plantagenet King. Cooperation between the king the barons and the towns. Reforming government, consolidated his territories and defending his foreign policy. First to create a representative institutions which gave money to him when he needed. House of Commons was a mixture of the wealthy freemen and knights from shires ( the «"gentry"» and the merchants from the towns. Hiwever , there are some failures despite this achievement.

- continously at expansionist war with Wales and Scotland significant legal and administrative reforms

- Severe financial problems

EDWARD II ( 1307-1327) : (feckless, foolish) ° Married Isabella of France but had male favorites °Sought advice from them —> untrustworthy ( like Gaveston or Despencer)

His unpopularity led to baronial rebellion and Robert Bruce reconquiert Scotland —> Defeat at battle of Bannockburn in 1314, he lost his prestige and was seen as incompetent Thus, the Scottish independence is ensured until 1707 ° His wife Isabella went to France, officially to negotiate the restauracion of Gastony to England. However, she stays in France (exil) and met Roger Mortimer. The two conspire against the King. IN 1326, Edward II deposed and murdered during his captivity (by his wife and mortimer who went back in England).

EDWARD III ( 1312-1377) known as The Great Warrior Quand jeune, c’est sa mere et son amant Mortimer qui avait le pouvoir. Reign saw beg. of 100 years’ war —> tried to avoid French from taking Gascony ( key port for wine export) 1337 : begginning of the war when Ed try to stop the French with confiscating the duchy of Gascony. He also wanted to conquer the French throne. Victories against the french : Crecy (1346) and Poitiers ( 1356) However, en 1375 : had lost lots of his gains. People heavily tax to paid the war so the king very unpopular. eNDED WITH UNSATISFACTORY PEACE settlement 1360 and lated repudiated. Edward achieves an executable government with an independent executive ( parlement which was consulted enough to make his members feel that they had a consultative monarch, not a tyran). The parlement’s role increases ( met regularly) because the king needed members support and money fo wars. Political stability during his reign and since the years 1280 Concessions made to Parlement on certain issues —> weakened the monarchy ( we can think).

Outbreak of Plague ( 1348,1350)

At the end, the King was senile so John of Gaunt ruled during Edward’s last years. Edward III died in 1377. Was replaced by his Grandson

The black Death : ° Carried by black rats arriving at seaports ° Transmitted by fleas ( puces) ° Pneumonia type symptoms ° Appeared in England in >348 ° Floods (inundation) then famine ( people already fragile) Effects : ° 1/2 of England’s population died ° Huge social turbulence ° Labour shortages, higher salaries, increase in standard of living —> resulted in a floating population. ( pop pas seven taire, pouvait aller la ou il y avait du travail) ° Church weakened : many off the clergy died, people lost their faith of God ° sOCIAL UNREST CULMINATED IN The Peasants revolt of 1281 under Richard II.

RICHARD II ( 1377-1399) : inherited the throne by his grandfather at 10. Also inherited of his political problems. Country was rule by counsellors ( members of the clerical elite + nobility like his uncle John Gaunt) until his maturity. Social unrest : «"the Peasants Revolt"»: °Discontent amongst agricultural workers. I —> because IN 1381 the country was heavily taxed and in addition, an extra poll-tax was impose. ° Rebels ( in Kent and Essex) marched to London behind Wat Tyler ( their leader) to protest. They took control of the Tower of London The king was only 14 and he agreed to meet the rebels and negotiate with Tyler. he made many promesses to Tyler and this has satisfied the rebels, it calm down the crown. bUT THE KING NEVER KEPT his promesses and at the end, the rebel leaders were caught and executed. Richard and Absolutism : Believed in the divine right of King. Wanted to reestablish the authority of the royal family and the couronne. From 1385, he became very authoritarian.

hE DIDN’T respect the Parlement,nt, impeded decision making —> led to power struggle with barons. Brons felt threatened by his actions. Finally, Richard being de...