Abstract

The Sentences of the Officiality in Saragossa and Barcelona (end of the Middle-Ages). The way matrimonial cases were tried varies from one officiality to the other between Saragossa and Barcelona. Nevertheless, the minutes of the sentences are built in a similar way, regardless of the nature of the conclusion that was reached. However, differences can be noticed as to their drafting and length, indicating structural and legal alterations in the trials. In the case of the ecclesiastical judge of Saragossa, the noted evolution is characterized by the disappearance of the Gospels from the table of the judge and that of the term « equity ». Therefore, the guarantee of a valid and undeniable sentence is no longer present. At the time of the withdrawal, one notices the presence of law experts (periti) who were consulted by the judge before he took his decision. The meaning and the legal impact of this change within the ecclesiastical jurisdictions metioned above need to be studied and understood - it is the aim of the present paper to do so.

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