Necrologue of Alexander Smyshliaev
This article analyzes various information about the personality and the reign of Alfonso X the Wise, contained in the historical writing heritage of Castilian tradition from the late 13th to early 14th c. As exemplified in a number of the annals and brief chronicles, including unpublished ones, the article demonstrates the process of forming the main features of the image of Alfonso X, reflected later in the «Chronicle of Alfonso X» and subsequent historical work. The King is portrayed as an educated, knowledgeable and experienced ruler and warrior. However, it also emphasizes his generosity, which sometimes came to wastefulness. The study focuses on his problems in relations with the Church and with the traditions going back to the «First General Chronicle». The article refers to his disrespect for the customs and legal practices of the Castilian nobility, as well as his authoritarian and brutal nature.
In the article are analyzed the laws of the "Siete Partidas" of Alphonse the Wise directed against the treason. The author stressed the paper of the treason in the medieval world, its reputation of the worst of all the crimes, which had, besides pure juridical, also the theological connotations. About the problem of the genesis of the high treason, the author proved its Roman issues, first of all, the crimen laesae maiestatis and the crimen perduellionis. Also, he noted that this crime also had a Germanic element expressed in the notion of fidelity. An appendix to the article contains a commented translation into Russian of the correspondent section of the "Siete Partidas".
The Codex Theodosianus is one of the most important Roman law codes. Published in 438 by the emperor Theodose II, it was the first official compilation of the Roman law. It includes more than 2.5 thousand resolutions by Roman emperors from 311 to 437, divided into 16 books. The Cadex covers, perhaps, all areas of law. The first book is very interesting, because it contains the definition of sources of law and lists the duties and powers of senior officials, including Pretorian prefect, prefect of the City, provincial governors, etc. Thus, the Theodosian Code is the most important source on the history of provincial governance in the era of Dominat. The governors ofprovinces are called in the Code as proconsules, praesides, (cor) rectores and moderatores, but it is extremely difficult to distinguish them. The governor was responsible for collecting taxes, he organised a public works, and also was a judge in family’s cases, disputes about the inheritance and division of land. In general, the proceeding was one of the main duties of the governor. We offer the reader a translation into Russian of the 15th and 16th titles of the Theodosian Code, devoted to the duties of the governor of the province.
The article gives a new interpretation for the account of the “Primary Chronicle” of the Year 6504 Anno Mundi (996 AD). The account tells that prince Vladimir Svyatoslavich introduced the death penalty for murderers but later replaced the death penalty with fines. Petr Stefanovich suggests that the account is an allegory or parable (myth) which aimed at justifying the prince’s legislative authority as based upon Christian values and public law. He dates the text to the 30-60s of the 11th century.
The article represents a reconstruction of the Moscow University's students' monthly budgets. Listed are both their incomes and expenses. The most common wa the budget of 25 rubles per month. The estimation of the students' incomes is based on the information about the governmental and the private scholarships, "The Society for the Assistance of students in Reduced Circumstances" aid, the freelancing opportunities and the family support. Monthly expenses include rent, food and various entertainments. The estimations are based on the statistics of the food pricing, average rental costs and scholarships, as well as freelance jobs announcements for students. The author outlines two types of the perfect students' budgets, which could reflect students expenditures with differing interests
The Book of Sessions (Kitāb al-maǧālis) of Elias of Nisibis is a remarkable example of the Arab-Christian literature of the 11th century CE which is still pending its full critical edition. The content of the book is an account of the discussions between Metropolitan Elias (975–1046) and his Muslim vis-vis — wazir Abū ʾl-Qāsim al-Ḥusayn ibn ʿAlī al-Maghribī (981–1027). This work demonstrates the intellectual contacts between the different religious traditions of medieval Arab culture in its flourishing age as well as characteristics of the Christian literature developed in the Syro-Mesopotamian region in that epoch. This publication provides a critical survey of the treatise and a Russian translation of the chapter from the seventh session with a discussion of the basics of Christian-Muslim relations.
Legal heritage of king Alponso X the Wise and corporative law of The Portuguese university in late 13th–14th c.T
This article observes how the juridical heritage of King Alfonso X El Sabio influenced the corporative law of the Portuguese university founded in 1288–1290 in Lisbon by Alfonso’s grandson, King Denis. By dynamic borrowing and translation of Castilian juridical texts (Fuero Real, Siete Partidas) Portuguese legal tradition adopted the new model of studium generale. The idea of rex illustris (and especially the king — protector of schools) was very important for the early history of the Portuguese university. In the Magna Charta privilegiorum (1309) the image of the higher school related to this idea and was adopted from the Castilian historical texts combined with the experience of the University of Salamanca. Later, in context of the forming of the unified Royal Law the situation was changing. On the one hand the care for the University still was still interpreted as a special duty of the King (for example by the Cortes in Elvas in 1361). On the other hand members of the university considered the usage of the Partidas as the legal source in their cases as a violation of their privileges (as it can be seen in the Diploma of 1361). We can see how the privileges that had been granted in the special context of the «prestige struggle» between Iberian kings became the foundation of the university corporative law for centuries.