Creating Records of Judicial Disputes in Northern Iberia before the Year 1000

Wendy Davies

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Chapter 8 Creating Records of Judicial Disputes in Northern Iberia before the Year 1000

In: Records and Processes of Dispute Settlement in Early Medieval Societies

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Wendy Davies

Wendy Davies
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Type:: Chapter

Pages:: 222–249

DOI:: https://doi.org/10.1163/9789004683006_010

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Abstract

This paper aims to extend our understanding of the way records of disputes handled in judicial assemblies in Northern Iberia in the ninth and tenth centuries were constructed. Noting that there were three principal stages of construction, it differentiates primary records (material deriving directly from court activity) from secondary records (primary material worked up into a charter of conveyance) and tertiary (retrospective constructions recording confirmation of a judicial outcome by a legitimizing figure). It goes on to deconstruct the underlying elements of three complex, composite, dispute records. Thereby León 192 is shown to be a series of separate, credible, coherent texts deriving from a single court case; Santo Toribio 66 is constructed from four related but independent texts; and the very long and repetitive Oviedo ACO B.1.11 is constructed from a basic story repeated three times, together with 11 separate documents. This means that some element of court recording, not intended for preservation, lies behind many dispute records; that, although there are many opportunities for corruption to have entered surviving texts, their content should not necessarily be dismissed; and that bias is a constant element in such records because most were at least partly constructed by beneficiaries.

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Records and Processes of Dispute Settlement in Early Medieval Societies

Iberia and Beyond

Series: Medieval Law and Its Practice, Volume: 41

Cover Records and Processes of Dispute Settlement in Early Medieval Societies

E-Book ISBN:: 9789004683006

Publisher:: Brill

Print Publication Date:: 13 Nov 2023

Subjects
- History
- Literature and Cultural Studies
  - Criticism & Theory
  - Cultural History

Front Matter

Part 1 Surveying the Corpus of Iberian Dispute Records, 800–1100

Part 2 Recording Disputes: The Textual Construction of Judicial Process

Part 3 Framing Disputes: Judicial Authorities and Social Order

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Chapter 8 Creating Records of Judicial Disputes in Northern Iberia before the Year 1000

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Records and Processes of Dispute Settlement in Early Medieval Societies

Iberia and Beyond

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