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Was the learned feudal law taught in Castile and Leon in the 13th and 14th centuries? Notes on the manuscripts of the Libri Feudorum from the Spanish collections

https://doi.org/10.28995/2658-6541-2020-2-103-111

Abstract

Libri (Consuetudines) Feudorum (Books (Customs) of Fees) is a compilation of Lombard feudal customs, which was formed (mainly at the University of Bologna) in the process of ius commune reception from the 12th to the middle of the 13th century. The text was incorporated into the fifth “volume” of the medieval Corpus Iuris Civilis. The article is devoted to the LF history in the Kingdom of Castile and Leon in the initial period of ius commune reception on the Iberian Peninsula (from the 13th to the 14th cen.). In the process of studying manuscript sources from Spanish collections (the National Library (Madrid), the Royal Library of the Monastery of St. Lawrence in Escorial, the Library of the chapter of the Cathedral of Toledo), most of them revealed characteristic marks indicating the use of manuscripts in the teaching of civil (property) law. However, despite the known facts of the similar use of codes containing the “Book of Feuds” in the Bologna and in a number of other medieval universities, there is no evidence of such practice at the universities of Castile and Leon: characteristic manuscripts are contained only in Italian manuscripts that appeared in Spain later than the 14th century; the only manuscript of LF undoubtedly made in Castile (from the collection of the Capitular Library of Toledo) has no marginalia of the “university” type.

About the Author

O. V. Aurov
Russian Academy of National Economy and Public Administration; Russian State University for the Humanities
Russian Federation

Oleg V. Aurov, Cand. of Sci. (History), associate professor

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References

1. Bellomo, M. (2001), Universidad en la época del Derecho Común, II Cigno Edizioni, Roma I.

2. Calasso, F. (1954), Medioevo del Diritto. I. Le fonti, vol.1, Giuffrè, Milano. Italia.

3. Marey, A.V. (2012), Notes to understand the phenomenon of the Roman law reception: the instalation of the ius commune in the Western Europe from the 13 th to the 14 th centuries, Gosudarstvo i pravo, no. 5, pp. 96–102.


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Aurov O.V. Was the learned feudal law taught in Castile and Leon in the 13th and 14th centuries? Notes on the manuscripts of the Libri Feudorum from the Spanish collections. History and Archives. 2020;(2):103-111. (In Russ.) https://doi.org/10.28995/2658-6541-2020-2-103-111

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