Procesele în cauza posesiunii Rășinariului contra Magistratului sibian (1735-1784). Aspecte juridice

Abstract:

The article presents Transmissionales in causa Possesionis Resinar contra Liberam Regiamque Civitatem Cibiniensem 1784 (Transmissionals in the Cause of Rășinari’s Possession Against the Royal Free City of Sibiu, 1784), an unedited volume of 1,318 pages, preserved at the Church Museum of the Bishop’s House in Rășinari, Sibiu county, transcripted and translated by a group of medieval and modern history researchers from the „George Barițiu” Institute of History from Cluj-Napoca. As the urbarial trials started by the Romanian inhabitants of Rășinari against the Saxon Magistrate of the Sibiu city and seat lasted over half a century (1735- 1784), these Transmissionales fully reflect the course followed by the civil juridical acts ‒ either processual or procedural ones ‒ in South Transylvania during the 18th century. At the same time, comprising exclusively juridical acts in copies and originals, this volume presents the activity and competences of the local, province and central courts of justice: 1) the village judgement seat, which ‒ according to the Romanian customary law (Jus Valachicum) ‒ was made up of the judge (Judex), the jurors (Jurati) and the council of 40 old men (Quadraginta Seniorum Viratum); 2) the appelate court of the judgement seat of the Sibiu Magistrate, represented especially by the mayor or consul of the city of Sibiu (Consul Cibiniensis); 3) the court of the Transylvanian Gubernium, seated in Sibiu, too; 4) the Supreme Court of Revision in the capital city of the Habsburg Empire, Vienna. The article also shows the contents, structure, as well as an essential chronology of the volume of Transmissionales

Keywords:

Transmissionales, 18th century, Rășinari, Transylvania, Romanian shepherds