Sobre el matrimonio de los magistrados de las Audiencias indianas : prohibición real y defensa judicial de los ministros inculpados en el siglo xvii

From the 16th century, the Monarchy banned officers at Courts in the Americas from marrying in their own district without a license, in order to socially isolate them and gain their unbiasedness. Notwithstanding, such ban, very controversial at the time as it opposed the freedom of wedlock already r...

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Bibliographic Details
Main Author: Inés Gómez González
Format: Article
Language:fra
Published: Centre de Recherches Historiques 2019-04-01
Series:L'Atelier du CRH
Subjects:
Online Access:http://journals.openedition.org/acrh/10252
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Summary:From the 16th century, the Monarchy banned officers at Courts in the Americas from marrying in their own district without a license, in order to socially isolate them and gain their unbiasedness. Notwithstanding, such ban, very controversial at the time as it opposed the freedom of wedlock already recognized by Canon Law, did not prevent many ministers and their offspring from getting married within their jurisdiction grounds. In fact, the Crown granted and sold multiple licenses and, in addition, a number of ministers celebrated their weddings without due dispensations and without any punishment. This paper addresses the cases against four officers from Courts in the Americas in Panama, Charcas, Lima and Chile, who were convicted for challenging the ban. I will specially focus on their defense strategies, examining the legal claims (porcones or adductions), circulated in the course of the legal case
ISSN:1760-7914