Sources of Law of the Central Part of Spain Regulating Public Relations Within the Territorial Society in the XI – the First Half of the XIV Century

Abstract

Problem settings. Recently, in both domestic and foreign science, the community of Castile – concejo has become a detailed object of study. But virtually limitless in the study is the layer of research related to the study of the history of sources of law. The legal system of central Spain in the XI – first half of the fourteenth century. absorbed several types of legal sources: customary law, royal privileges, local charters and elements of senior law.

Analysis of recent researches and publications. Such scientists as L.G. de Valdeaveliano, B. Reylі, Dzh. Kallagkhan, Kh. Klemente Ramos, R. Pastor, Kh. M. Mіnges Fernandes, S. de Mokso, L. M. Vіllar Garsіya, S.D. Chernov, A.V. Vashchenko, V.K. Pіskorskiy and others have been devoted their works to research the issues associated with the legal regulation of social relations within the territorial community in the XI – first half of the fourteenth century in Spain.

Article’s main body. The Spain’s first short court hearings may qualify as royal privileges. Customary law is the oldest source for regulating public relations within the community. It has been a legal practice for a long time, through its institutions, to unite the community and maintain a bond of solidarity and mutual responsibility. Feature of the system of law in public communities in Castile was the preservation of the basic elements of customary law, more precisely its institutions: blood feud, complicity, hordes (court evidence), pledge, surety, institute talion, patronage. The hordes were treated with dill and scorching iron, a judicial duel (lid), a ritual duel with the declaration of formulas for indictment (riepto), and an oath.

At that time there was no separation between civil and criminal proceedings. The indictment principle prevailed in the process itself.

Conclusions and prospects for the development. In general, the sources of law used by the public community of central Spain in the XI – first half of the XIV century retain archaic institutes of customary law and blood revenge. This is due to the fact that the preservation of customary law institutions contributed to the establishment of a lazy organization in the community upper community, and the manifestation of direct family and lazy solidarity and collective responsibility supported the existence of vengeance and other institutions surviving from the barbaric era. Many of them by the end of XIII century actually become privileges, since for their realization it was necessary to live in the city, to possess considerable material goods. In most cases, this could only be available to city knights and wealthy county owners.