早期威尼斯伊萨卡的私人法律实践与公共权力:13 份新的公证文件(1575-1599 年)

K. Nikias
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引用次数: 0

摘要

摘要拜占庭统治衰落后几个世纪中产生的希腊公证文件是追溯在统治希腊语地区的不同行政和法律秩序影响下私人法律实践发展的重要资料。在威尼斯人控制下的广大地区,私人交易制度受制于拜占庭时期公证人作为私人专业人士的普遍做法与威尼斯人管理者试图将公证人作为公职人员进行管理的干预之间的矛盾。本文通过分析 1575-1599 年间的 13 篇新的希腊公证资料,探讨了这一紧张关系在一个未被充分研究的边缘背景--早期威尼斯统治时期的伊萨卡小岛--中的影响。在 16 世纪,由于伊萨卡经济规模较小,岛上的行政管理也不正规,私人交易主要由独立的抄写员和牧师执行,在某些情况下由来自邻近的塞法罗尼亚的公证人执行。这种情况逐渐被威尼斯人的连续监管措施所改变,这些措施使伊萨卡岛的行政管理结构正规化,除了来自塞法罗尼亚和威尼斯的文件外,这里还可以通过当地档案馆的一些未发表的资料进行追溯。这些改革导致 17 世纪初在伊萨卡建立了一个由政府任命和监督的公证人系统,将早期较为自由的做法置于公共管理机构的严密控制之下,并使伊萨卡与更大的威尼斯属地的做法保持一致。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Private legal practice and public authority in early Venetian Ithaca: thirteen new notarial documents (1575–1599)

Summary

The Greek notarial documents produced in the centuries after the fall of Byzantine rule are important sources for retracing the development of private legal practices under the influence of the different administrative and legal orders which came to rule the Greek-speaking territories. In the vast areas which came under Venetian control, the system of private transactions was conditioned by a tension between the widespread practice of notaries operating as private professionals during the Byzantine period, and the intervention of Venetian administrators who sought to regulate notaries as public officers. This article considers this tension in an understudied peripheral context, the small island of Ithaca in the period of early Venetian rule, through an analysis of thirteen new Greek notarial sources from 1575–1599 which are presented here in a critical edition. Owing to the small size of the Ithacan economy and the informality of the island’s administration during the sixteenth century, private transactions were executed mainly by independent scribes, priests, and in some cases by public notaries from neighbouring Cephalonia. This was gradually changed by successive regulatory interventions by the Venetians which formalised administrative structures on Ithaca, traced here through several unpublished sources from the local archives, in addition to documents from Cephalonia and Venice. These reforms led to the establishment of a system of publicly appointed and supervised notaries on Ithaca in the early seventeenth century, putting the freer practice of the earlier period under the closer control of the public administration and bringing Ithaca into line with practices in the larger Venetian possessions.

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