Feud and Blood - Page 26 - The Feud in the Interrelationships Between Customary Law and Legal Process in the Adriatic Region and in the European Context. International Conference: FAIDA Feud and blood feud between customary law and legal process in medieval and early modern Europe 10 documenti, la catturazione del patriarca è sempre la maggior offesa: 1. 1º Compromisso del conte (25 ago. 1267) 2. 2º Compromisso del conte (26 ago. 1267) 3. Compromisso del patriarca (ago. 1267) 4. Tregua (patriarca) (ago. 1267) 5. Compromisso (doppo uccisione del vicedomino patriarcale e la distruzione del ponte all‘Isonzo da patriarca) (30 ago. 1268) 6. Pax in forma conventionis pro bono pacis et concordie – fidantia seu treuga (Rolandino: forma conventionis; Treuga est conventio de non provocando bellis, 158 v.) (18 ago. 1274) 7. Tregua (l‘inimicizie come prima) (2. ott. 1274) 8. Tregua tra patriarca di Aquileia e Conte Alberto di Gorizia e tregua tra patriarca e Capodistria (24 feb. 1275) 9. Concordia - compromisso (de damnis hinc inde illatis postquam facta fuit praedicta pax; AFK, 24, 429) (13 maggio 1277) 10. Pax et concordia perpetua – osculum pacis (Rolandino, 158-159) (9 giugno 1277) • While the Truce of God is a temporary suspension of hostilities, as distinct from the Peace of God which is perpetual. This research was supported by a Marie Curie Intra European Fellowship within the 7th European Community Framework Programme. Two churchmen giving the kiss of peace. 1240 Il conte Alberto ha consegnato il giuramento nelle mani di Vladislav (data fide manuali vice sacramenti in manus supradicty domini Wlodizlay archiepiscopi Saltzburgensis recipientis per se et vice et nomine supradicti domini Ottokari illustris domini regis Bohemie), il patriarca Gregorio nelle mani di Bruno (in manu dicti domini Olomucensis episcopi promittimus; … consignavimus in manus supradicti domini Olomucensis, AFK, 29, 113116). FAIDA. This research was supported by a Marie Curie Intra European Fellowship within the 7th European Community Framework Programme. • The documents relating to the feud between the Patriarch of Aquileia and the count of Gorizia testify that the ideas expressed by the written law show how the ritual forms and gestures of the customary system of conflict resolution were not only maintained but they were included in procedural processes of the written law. This research was supported by a Marie Curie Intra European Fellowship within the 7th European Community Framework Programme. Amor Sacro e Amor Profano di Tiziano come apologia al diritto Divino e diritto Profano. (Galería Borghese, Roma, 1514) Rolandino de’ Passeggeri (1236-1300): Summa Totius Artis Notariae This research was supported by a Marie Curie Intra European Fellowship within the 7th European Community Framework Programme. ) Rolandino de’ Passeggeri (1236-1300): Summa Totius Artis Notariae, p. 158 Paja Jovanović, Vendetta – Blood Feud. The ritual of the community mediation with children in their cradles to persuade the offended to compromise, that‘s the truce, compensation, reconciliation, forgiveness and peace perpetual. http://www.tankonyvtar.hu/hu/tartalom/tkt/osztrak-magyar/images/09251.jpg Albanian (gjakmarrja) and Montenegrian (osveta) customary conflict resolution system FAIDA. This research was supported by a Marie Curie Intra European Fellowship within the 7th European Community Framework Programme. FAIDA. This research was supported by a Marie Curie Intra European Fellowship within the 7th European Community Framework Programme. • Comparing the main documents of the Albanian customary conflict resolution system (Kanun of Leka Dukadjini and Scenderbeg) with the Montenegrin (Bogišić), a particular form of mediator emerges from the rituals that focus on revenge, i.e. a trustee of the oath (faith) of truce (besa alb., umir mn.) between the parties in conflict. FAIDA. This research was supported by a Marie Curie Intra European Fellowship within the 7th European Community Framework Programme. • In the Albanian social context these trustees were called "dorzon" (etymology comes from the hand) while in the Montenegrin context they were called "jemci" (etymology in Slavic languages comes from "jamstvo" = guarantee). These figures, according to the parties in the conflict, had a control function of maintaining truce by ensuring that they reached the peace within the community, but also by starting a real vengeance against those who would violate the truce. The function of social control within the Community was therefore hinge on these 'men of trust' and the power was confered on them by tradition and the customary system. FAIDA. This research was supported by a Marie Curie Intra European Fellowship within the 7th European Community Framework Programme. XX The dorzon was selected by the counterparty (KLD, § 973). It had to be a person who enjoyed confidence of both sides and enjoyed the honor and reputation in the community, and whose family was not in any blood revenge (Djuricic 1979, 24). In public he swore (faith) to protect the truce putting a warranty with his heritage and honour. But if his client would not respect the truce and would take revenge, the dorzon's right and duty was to punish him with the killing (revenge) or with another mutual punishment. Thus, the dorzon also had repressive powers. He is the guarantor of the truce to the injured party and the trustee of the offender. In some instances the dorzons were elected for both parties. Some dorzons became "professionals" (cops/sbirri) FAIDA. This research was supported by a Marie Curie Intra European Fellowship within the 7th European Community Framework Programme. 'Albanians,' by the Italian artist Filippo Delpino Detail from the Heidelberger Sachsenspiegel showing the homage ceremony, in which the vassals put themselves under the protection of their lords by placing their hands between his hands, 14th century; in the Universitatsbibliothek, Heidelberg. FAIDA. This research was supported by a Marie Curie Intra European Fellowship within the 7th European Community Framework Programme. In the description of the ceremony of stipulation of the truce (besa), Surja Pupovci stresses that the agreement is "tight" when the representatives of the injured parties shake their hands, but adds that "can shake a hundred hands, but the agreement remains weak if the dorzon is not there". (Đuričić, 1979, 14).
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Feud and Blood - Page 27
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