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Mulatto · Outlaw · Pilgrim · Priest: The Legal Case of José Soller, Accused of Impersonating a Pastor and Other Crimes in Seventeenth-century Spain
In Mulatto · Outlaw · Pilgrim · Priest, John K. Moore, Jr. presents the first in-depth study, critical edition, and scholarly translation of His Majesty’s Representative v. José Soller, Mulatto Pilgrim, for Impersonating a Priest and Other Crimes. This legal case dates to the waning days of the Hapsburg Spanish empire and illuminates the discrimination those of black-African ancestry could face—that Soller did face while attempting to pass freely on his pilgrimage from Lisbon to Santiago de Compostela and beyond. This bilingual edition and study of the criminal trial against Soller is important for reconstructing his journey and for revealing at least in part the de facto and de jure treatment of mulattos in the early-modern Iberian Atlantic World.
Alfonso X, the Justinian of His Age
In this magisterial work, Joseph O'Callaghan offers a detailed account of the establishment of Alfonso X's legal code, the Libro de las leyes or Siete Partidas, and its applications in the daily life of thirteenth-century Iberia, both within and far beyond the royal courts. O'Callaghan argues that Alfonso X, el Sabio (the Wise), was the Justinian of his age, one of the truly great legal minds of human history. Alfonso X, the Justinian of His Age highlights the struggles the king faced in creating a new, coherent, inclusive, and all-embracing body of law during his reign, O'Callaghan also considers Alfonso X's own understanding of his role as king, lawgiver, and defender of the faith in order to evaluate the impact of his achievement on the administration of justice. Indeed, such was the power and authority of the Alfonsine code that it proved the king's downfall when his son invoked it to challenge his rule. Throughout this soaring legal and historical biography, O'Callaghan reminds us of the long-term impacts of Alfonso X's legal works, not just on Castilian (and later, Iberian) life, but on the administration of justice across the world.
The Enlightened Patrolman
The Enlightened Patrolman guides readers through Mexico City’s efforts to envision and carry out modern values as viewed through the lens of early law enforcement, an accelerated process of racialization of urban populations, and burgeoning ideas of modern masculinity.
Acquittals in the Spanish Inquisition
The Spanish Inquisition has become such a byword for injustice that many forget it was also a judicial system capable of acquittal. This study of more than 67,000 trials uncovers over 2,500 formal acquittals, more than 6,600 suspended trials, and nearly 2,100 with unknown or no recorded outcomes. The inquisitors were jurists who frequently held other judgeships before and after their tenure and used the same evidentiary rules as other Spanish courts. If every acquittal may be taken as an admission of error, the Spanish Inquisition admitted its errors thousands of times, occasionally even putting them on public display at the autos de fe. An acquittal can also be taken as a sign that the inquisitors did not wish to punish the innocent and that while they were quick to arrest and charge people on flimsy evidence, they were too conscientious to convict them without further proof. However, it is also clear that the Holy Office at times did bend, twist, or even break the law when it suited it in order to secure a conviction. This book is aimed at students, scholars, and general readers seeking a nuanced understanding of the Spanish Inquisition and its workings.
Order and Chivalry
Knighthood and chivalry are commonly associated with courtly aristocracy and military prowess. Instead of focusing on the relationship between chivalry and nobility, Jesús D. Rodríguez-Velasco asks different questions. Does chivalry have anything to do with the emergence of an urban bourgeoisie? If so, how? And in a more general sense, what is the importance of chivalry in inventing and modifying a social class? In Order and Chivalry, Rodríguez-Velasco explores the role of chivalry in the emergence of the middle class in an increasingly urbanized fourteenth-century Castile. The book considers how secular, urban knighthood organizations came to life and created their own rules, which diffe...
Gamboa's World
Gamboa's World examines the changing legal landscape of eighteenth-century Mexico through the lens of the jurist Francisco Xavier de Gamboa (1717-1794). Gamboa was both a representative of legal professionals in the Spanish world and a central protagonist in major legal controversies in Mexico. Of Basque descent, Gamboa rose from an impoverished childhood in Guadalajara to the top of the judicial hierarchy in New Spain. He practiced law in Mexico City in the 1740s, represented Mexican merchants in Madrid in the late 1750s, published an authoritative commentary on mining law in 1761, and served for three decades as an Audiencia magistrate. In 1788 he became the first locally born regent, or chief justice, of the High Court of New Spain. In this important work, Christopher Albi shows how Gamboa's forgotten career path illuminates the evolution of colonial legal culture and how his arguments about law and justice remain relevant today as Mexico debates how to strengthen the rule of law.
The Legal Culture of Northern New Spain, 1700-1810
Spain's colonial rule rested on a judicial system that resolved conflicts and meted out justice. But just how was this legal order imposed throughout the New World? Re-created here from six hundred civil and criminal cases are the procedural and ethical workings of the law in two of Spain's remote colonies--New Mexico and Texas in the eighteenth century. Professor Cutter challenges the traditional view that the legal system was inherently corrupt and irrelevant to the mass of society, and that local judicial officials were uninformed and inept. Instead he found that even in peripheral areas the lowest-level officials--thealcaldeor town magistrate--had a greater impact on daily life and a keener understanding of the law than previously acknowledged by historians. These local officials exhibited flexibility and sensitivity to frontier conditions, and their rulings generally conformed to community expectations of justice. By examining colonial legal culture, Cutter reveals the attitudes of settlers, their notions of right and wrong, and how they fixed a boundary between proper and improper actions. "A superlative work."--Marc Simmons, author ofSpanish Government in New Mexico
Royal Bastards
The stigmatization as 'bastards' of children born outside of wedlock is commonly thought to have emerged early in Medieval European history. Christian ideas about legitimate marriage, it is assumed, set the standard for legitimate birth. Children born to anything other than marriage had fewer rights or opportunities. They certainly could not become king or queen. As this volume demonstrates, however, well into the late twelfth century, ideas of what made a child a legitimate heir had little to do with the validity of his or her parents' union according to the dictates of Christian marriage law. Instead a child's prospects depended upon the social status, and above all the lineage, of both pa...
The Medieval Chronicle II
After the success of the first international conference on the medieval chronicle, it was decided that another would be in place. It was held in the summer of 1999, and again drew some 150 participants. There are several reasons why the chronicle is particularly suited as the topic of an international conference. In the first place there is its ubiquity: all over Europe and throughout the Middle Ages chronicles were written, both in Latin and in the vernacular, and not only in Europe but also in the countries neighbouring on it, like those of the Arabic world. Secondly, all chronicles raise such questions as by whom, for whom, or for what purpose were they written, how do they reconstruct th...
Derecho y administración pública en las Indias hispánicas
El presente título contiene, repartidos en dos guesos volúmenes encuadernados en tapa dura con sobrecubierta a todo color, las contribuciones realizadas en el XII Congreso Internacional de Historia del Derecho Indiano, en el que participaron los principales especialistas en la materia, tanto de España como del resto de países europeos y americanos. Entre otras muchas, que alcanzan la cantidad de casi 80 textos entre ponencias y comunicaciones especializadas, mencionamos las siguientes aportaciones a modo de ejemplo: - Las instrucciones a los virreyes rioplatenses. - Cuba, provincia asimilada 1878-1898. - La justicia penal eclesiástica en Córdoba del Tucumán durante el siglo XVIII. - En torno al conocimiento del derecho chino en la América Española. - Solórzano, la Monarquía y un conflicto entre Consejos. - Elementos probatorios vinculados con la rebelión de 1580 en la ciudad de Santa Fe. - Introducción al régimen carcelario indiano rioplatense. - La politíca Américana del nuevo regimén (1808-1810). - El Cardenal Lorenzana y la Nueva España. - La disimulación en el Derecho Indiano. - El Correo Mayor de las Indias.
