Legal procedure of the results of the long war:‘Tractatus trecensis’ (1420) as the ‘final’ peace

Санжарова, Галина Федорівна and Санжаров, Валерій Анатолійович and Павлюх, Ольга Анатоліївна (2022) Legal procedure of the results of the long war:‘Tractatus trecensis’ (1420) as the ‘final’ peace Юридичний науковий електронний журнал (9). pp. 577-581. ISSN 2524-0374

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Abstract

The article is devoted to the study of an important source of international medieval law, namely the peace agreement between the kingdoms of England and France in Troyes in 1420, which ended the great stage of the Hundred Years' War and aimed to develop the terms of the final peace. The historical prerequisites and diplomatic preparation for the conclusion of the treaty, the role of the heads of state (kings) as diplomatic actors, the proposed solution (the merger of two kingdoms into a hereditary ‘dual’ monarchy) and the legal justification of dynastic succession in France, the conditions for its implementation (the non-subordination of the kingdoms to each other, the preservation traditional institutions of power, legal norms, including customary law, rights and privileges of estates, corporations or individuals). The authors state that the Treaty of Troyes sought to overcome the failure of previous peace treaties to resolve differences between the kingdoms of France and England. It has been found that the treaty itself does not contain any mention of the English hereditary claim to France, which apparently dates back to Edward III. It has been noted that, in terms of realpolitik, Henry V had a much better chance of becoming King of France than his predecessors because his right was accepted by a man whom the French recognized as their king and legally enshrined. The conclusion that the agreement led to the exclusion not only of the Dauphin, but also of other possible claimants to the throne in the French royal family is confirmed. The opinion has been expressed that the articles of the treaty on the subsequent transfer of the crown of France from Henry V were deliberately formulated in such a way as to expand the circle of possible heirs beyond the children from the marriage with Catherine of France. It is substantiated that the institutionalization of the ‘oath of peace’ (the approval of the Treaty of Troyes by the parliaments of both kingdoms, the spread of the oath to wide sections of the population, the occupation of church and secular positions under the condition of taking the oath) contributed not only to the spread of the discourse of peace, but also to the legitimization of the status of the new king as an‘expressor and the guarantor of the common interest’ of the kingdom. The authors came to the conclusion that the Treaty of Troyes is an important manifestation of the formation of the public-legal nature of medieval statehood.

Item Type: Article
Uncontrolled Keywords: International Law; Diplomatic Law; Middle Ages; Hundred Years War; Treaty of Troyes
Subjects: Статті у наукометричних базах > Index Copernicus
Статті у журналах > Фахові (входять до переліку фахових, затверджений МОН)
Divisions: Факультет романо-германської філології > Кафедра романської філології та порівняльно-типологічного мовознавства
Depositing User: Галина Федорівна Санжарова
Date Deposited: 04 Nov 2022 10:03
Last Modified: 04 Nov 2022 10:03
URI: https://elibrary.kubg.edu.ua/id/eprint/42345

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