Original scientific paper
https://doi.org/10.31141/zrpfs.2024.61.152.171
Glagolitic testaments from the 17th century island of Zlarin in the context of Roman legal tradition
Henrik-Riko Held
orcid.org/0000-0002-6217-2655
; Pravni fakultet Sveučilišta u Zagrebu
Antonia Čikutović Ljuba
Abstract
This article deals with testaments from the island of Zlarin, near Šibenik on the eastern Adriatic
coast, from the second half of the 17th century. Specifically, it analyses 47 testaments written by
glagolitic priests in Croatian language and glagolitic script from 1661 to 1683. The general theme
of the article is thus early modern testamentary law in the rural parts of the Šibenik district. The
main aim of the analysis is to determine the presence of elements of developed law (ius commune)
in glagolitic testaments from Zlarin and the level of their compliance with elements belonging to
the Roman legal tradition generally. First, structure of the testaments is analysed, and it is compared
with the structure of medieval and early modern testaments in the notarial form (written in Latin
or Italian). After that, terminology in the testaments is addressed, i.e. particular legal expressions
and formulations. These are either of Latin or Italian origins and adapted to Croatian language, but
there are also linguistic calques or loan translations (literal translations, root-for-root). Afterwards,
the problem of the possible level of education of glagolitic priests is addressed. Finally, form of the
testaments and its compliance with the applicable Statute of Šibenik from 1608 is analysed. The
article thus deals with glagolitic testaments from Zlarin as a locally specific phenomenon within the
wider framework of developed law in early modern Europe and Roman legal tradition generally.
Keywords
glagolitic testaments; Zlarin; 17th century; testamentary law; Roman legal tradition
Hrčak ID:
319120
URI
Publication date:
11.7.2024.
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