ОБИЧАЈНО ПРАВО У НАМЕНСКИМ ОБРАСЦИМА ПОВЕЉА БОСАНСКИХ ВЛАДАРА И ВЕЛИКАША CUSTOMARY LAW IN PURPOSE-SPECIFIC PATTERNS OF THE CHARTERS OF BOSNIAN RULERS AND MAGNATES

Abstract

The paper presents the results of a research based on the return to the source material and the new interpretation of the forms оf certain formulae in the charters of Bosnian rulers and magnates. Mainly by comparing two purpose-specific types of documents – donation charters issued to domestic addressees and international treaties, and in particular the formulae of intitulatio, sanctio (poena spiritualis), oath and witnesses in each of them, the degree of presence, purpose and importance of the elements of customary law in the formularies that were generally used in Bosnian chanceries and scribal services are determined. Preliminary conclusions suggest that old patrimonial law prevailed in bans’ and royal documents issued for domestic nobility (which is why the “lands” of the Bosnian state are mentioned, as well as “brethren” in the formula of witnesses), while in international treaties the guarantee came from another set of customs – from oath and authority of the ruler and influential witnesses. On the other hand, in the documents issued by the magnates and regional lords whose authority was at a lower hierarchical level, patrimonial-kindred customary law is to be found in international legal correspondence as well, to some extent, since the credibility of legal acts of the authors from the ranks of high nobility in Bosnia was based on the consent of their family or noble kindred, as well as on the eventual consent of the Bosnian ruler.