Lex Antiqua Valachorum
Encyclopedia
Lex Antiqua Valachorum, meaning "Ancient Wallachian
Law", also called Jus Valahicum/Valachorum ("the Wallachian Right"), represents a collection of the Romanian
pre-statal judicial system, with afferent juridical rituals, customs and traditions, kept and transmitted from generation to generation.
. Most probably this set of laws developed in the Early Middle Ages
, when the natives, not part of any local statal entities of their own, had to find way to interact with the military dominant nomadic tribes which swept the lands during the Age of Migrations (see Early Middle Ages in Romania
). The first Romanian Law Codexes, such as those of Alexandru cel Bun
, Vasile Lupu
, Matei Basarab
(Pravila de la Govora - 1640; Îndreptarea Legii - 1652), Grigore Callimachi (Codul Calimachi; 1817), Ioan Gheorghe Caragea
(Legiuirea lui Caragea; 1818) left "maneuver" space for the power of these laws, and directly referred to it, regarding other sensitive laws. In Romania, the position of the laws had maintained powerful well until the 19th century, but after the appearance of the Civil Code of 1864, its powers were refrained, although some articles (such as 548, 600, 607, 1351, 1456, 1443), still referred directly to it.
The laws also concerned the social organisation of the population, of patriarchal pyramidal scheme, whose levels although estimated on competence, were isolated with an objective criteria: the age. At the base was the undefined (whole) mass of village inhabitants, in charge with tasks of general interest (e.g.: the "Caloian
"). At a superior level there were the unmarried youths between 17 and 26 years old, grouped according to spiritual characteristics in a very disciplined manner, and led by an elected chieftain called "jude
" which sometimes wore zoomorphic masks. They had to carry certain tasks and rituals (calendaristic: solstice
or equinox
rituals, such as the "Colindat
" ritual, agrarian rituals, e.g.: the "Cununa", pastoral rituals, e.g.: "Roata de Foc", religious rituals, e.g.: the "Căluşari
", or pseudo-military, e.g.: "Arcaşii", "Junii", "Şoimii" rituals, the Haiduc bands, etc.). The pyramid's next level was constituted by the married, established men, and culminated with the "Sfatul Bătrânilor" (the "Council of the Elders"), gathered into a council, with extended prerogatives: care for the perpetuation and unaltered preservation of ancient habits and customs, and assuring the complete respect of the "Ancient Law". Usually, the judgement was done in front of the elders, starting from the dawn until dusk. The sentences, such as mild or heavy physical punishments, expulsion from the village or even death, were respected by all inhabitants.
Among other concepts, without modern recognised correspondents, were the law of hospitality, the law of humanity, the law of purity, the law of family relations and organizations, etc.
) the Romanians had the right to administrate themselves, as done in Maramureş
, Ţara Haţegului
, etc. Slowly, feudal systems were imposed, such as the 1515 Tripartitum of István Verboczy, and later with other judicial codes, such as the Habsburg
one.
The Wallachian Law had greatly influenced the Székely
s, during the centuries old cohabitation with Romanians, from which they inherited many of the ancient judicial characteristics: administration and judicial village forums, the organisations into "Seats" (Szék in Hungarian language
, Scaune in Romanian Language
), the village judge and juries, etc.
It was in these circumstances that the "Jus Valachicum" ("the Wallachian right") had developed in relation with the states they found themselves, a relation primarily based on the main occupation of these Vlachs, that is transhumance
. The Vlachs could freely use their own judicial system, as opposed to the official one. In exchange for these privileges, the Vlachs had military obligations, of guarding and protecting the borders and mountainous areas, and even as militia, protecting the populations against thieves and bandits. The Vlachs were also charged with specific taxes, most typical being the sheep fiftieth tax.
The Vlach Law was officially regognised as used by:
In Serbia, the Vlachs were subordonate only to the King, or sometimes, to monasteries on the lands they found themselves. In many cases, the only requested obligation was the payment of metayage
for grazing on the properties of the monastery. The fact that the Vlachs lived according to their own set of laws is the fact that they did not had a status on the Feudal pyramid, being only tolerated shepherds, unlike the rest of the population, who were regular serfs on the estates. To be permitted to graze their sheep on the territory of the estates, they were obliged to also graze the sheep of the estate and to give each year a female sheep with her lamb out of fifty sheep (the "quinquagesima
"). The landlords had to pay taxes according to the number of Vlachs living on their territory.
Nnumerous documents (hrisovs) written by kings and noblemen during the 12th to 15th centuries, present the situation of these Vlachs in raport with the state. In the hrisovs of Prizren
, the obligations of the Vlachs within the Serbia, who were subjects to the king, are stated: each of them had to give each year, out of 50 sheep, one sheep with a lamb and a cow; and each second year a horse. Their situation became more clearly defined when the Serbian lords started to make laws concerning them. Such laws or statutes were made at first for the Vlachs of the monasteries of Dusanovac (near Negotin,State: Bor), Studenica and Milosevo
. Their obligations are, however, clearly shown by the so called "law of the Vlachs", found in the hrisov of Banja and in two of Czar Dusan's donations, those from Vranje
and Prizren
. In general, the Vlachs provided all the products of grazing and also with all kinds of transports facilities .
In Poland (see Gorals
), the special character of the Romanian villages was given by the "Jus Valachicum", and had to respect stated certain norms to be recognised by the feudal lord. Among these, most important was the need for a cneaz in front of a village, having a "jurisdiction
" (ethnic and territorial range within which he could apply the Lex Valachorum), economical obligations, and used as "interface" between the community and the lord. The peasant had the right to be treated according to the jus Valachicum also in case he moved to another village. Thus, the "Vlach right" had an economic part and a juridical one, which could not be violated. In relation with the state own tools of imposing and assuring of the respect of the law, the Vlachs usual reply was: "Take me to your lord. I possed the Vlach right". The Vlachs protested against those who "dared to interfere and violate the recognized privileges of the Vlachs", as stated in a document from the year 1447. In the course of time, however, the use of it has decreased until it disappeared.
In the Czech lands the Vlachs rebelled when the Habsburgs tried to put an end to their privileges (see Moravian Wallachia
).
As Vlachs numbers increased and actively involved into the political life of the states they found themselves, the term had come to mean a juristic institutions regulating the economy and way of life of the peoples who lived a transhumant life style, hence applied not exclusively to the members of enclaves inhabited by a Romanian speaking population. The fact is corroborated with the phenomenon of losing the Romanian language and the adoption of another language as they moved further and further, being absorbed in the mass of the surrounding peoples, and it is the main reason for this new appliance of the term "Jus Valahicum". This has led to the use of the "Vlach Law" by people later nominated as Serbs, Ruthenians, Slovaks, etc.
The Vlach contribution to the shaping of modern identities of west Balkan states like Montenegro, Serbia, and Bosnia is very important. For example, in Montenegro during the Ottoman conquest the land was devastated and depopulated. There followed a steady inflow of Vlach herdsmen from Bosnia (which in their turn came from western Transylvania
and Banat
in the 10th and 11th century), organized in their pastoral cantons (cătun). The interblending of these newcomers and the remaining peasants living in the sedentary lowland viilages produced a territorially constituted tribal society; to this community the "village brought a feeling for legal order, while the katun introduced the blood feud, respect for the word of honor, hospitality, and the cult of brotherhood by adoption", basically the same Lex Antiqua Valachorum.
See also:
Vlachs
Vlach is a blanket term covering several modern Latin peoples descending from the Latinised population in Central, Eastern and Southeastern Europe. English variations on the name include: Walla, Wlachs, Wallachs, Vlahs, Olahs or Ulahs...
Law", also called Jus Valahicum/Valachorum ("the Wallachian Right"), represents a collection of the Romanian
Romanians
The Romanians are an ethnic group native to Romania, who speak Romanian; they are the majority inhabitants of Romania....
pre-statal judicial system, with afferent juridical rituals, customs and traditions, kept and transmitted from generation to generation.
In the Romanian lands
Considered holy, this system was known as "Legea pământului"/"Obiceiul Pământului" ("the Law of the Land"), "Legea Ţării" ("the Law of the Country") or "Legea Străbuna" ("the Ancient Law") in the Romanian languageRomanian language
Romanian Romanian Romanian (or Daco-Romanian; obsolete spellings Rumanian, Roumanian; self-designation: română, limba română ("the Romanian language") or românește (lit. "in Romanian") is a Romance language spoken by around 24 to 28 million people, primarily in Romania and Moldova...
. Most probably this set of laws developed in the Early Middle Ages
Early Middle Ages
The Early Middle Ages was the period of European history lasting from the 5th century to approximately 1000. The Early Middle Ages followed the decline of the Western Roman Empire and preceded the High Middle Ages...
, when the natives, not part of any local statal entities of their own, had to find way to interact with the military dominant nomadic tribes which swept the lands during the Age of Migrations (see Early Middle Ages in Romania
Romania in the Early Middle Ages
The Early Middle Ages in Romania spans the period from the withdrawal of the Roman administration from the province of Dacia in the 271–275 AD, thenceforward modern Romania's territories were to be crisscrossed by migrating populations for almost 1,000 years...
). The first Romanian Law Codexes, such as those of Alexandru cel Bun
Alexandru cel Bun
Alexander cel Bun was a Voivode of Moldavia, reigning between 1400 and 1432, son of Roman I Mușat. He succeeded Iuga to the throne, and, as a ruler, initiated a series of reforms while consolidating the status of the Moldavian Principality....
, Vasile Lupu
Vasile Lupu
Vasile Lupu was a Moldavian Voivode between 1634 and 1653. Vasile Coci surnamed "the wolf" who ruled as Prince of Moldavia had secured the Moldavian throne in 1634 after a series of complicated intrigues and managed to hold it for twenty years. Vasile was of Albanian origin and Greek education...
, Matei Basarab
Matei Basarab
Matei Basarab was a Wallachian Voivode between 1632 and 1654.-Reign:Much of Matei's reign was spent fighting off incursions from Moldavia, which he successfully accomplished in 1637, 1639, and 1653 - see Battle of Finta...
(Pravila de la Govora - 1640; Îndreptarea Legii - 1652), Grigore Callimachi (Codul Calimachi; 1817), Ioan Gheorghe Caragea
Ioan Gheorghe Caragea
John Caradja or John George Caradja was a Phanariote Prince of Wallachia, who reigned between 1812 and 1818...
(Legiuirea lui Caragea; 1818) left "maneuver" space for the power of these laws, and directly referred to it, regarding other sensitive laws. In Romania, the position of the laws had maintained powerful well until the 19th century, but after the appearance of the Civil Code of 1864, its powers were refrained, although some articles (such as 548, 600, 607, 1351, 1456, 1443), still referred directly to it.
Content and description
The laws concerning property are about the relationship between man and the land administration, regarding fields and crops, pastures, forests, roads, etc., norms regarding the agricultural works: cultivating soil and raising livestock, logging, the work hierarchy, etc.The laws also concerned the social organisation of the population, of patriarchal pyramidal scheme, whose levels although estimated on competence, were isolated with an objective criteria: the age. At the base was the undefined (whole) mass of village inhabitants, in charge with tasks of general interest (e.g.: the "Caloian
Caloian
Caloian is a rain ritual in Romania, similar in some ways with Paparuda. It is mostly found in Wallachia . The origin of this ritual, as many other local popular beliefs and practices, precedes the spreading of Christianity, although it was in time associated with the period of the Orthodox...
"). At a superior level there were the unmarried youths between 17 and 26 years old, grouped according to spiritual characteristics in a very disciplined manner, and led by an elected chieftain called "jude
Judet
A județ is an administrative division in Romania, and was also used for some time in Moldova, before that country switched to raions.Județ translates into English as jurisdiction, but is commonly mistranslated as county .The territory of Romania is divided for administrative purposes into 41...
" which sometimes wore zoomorphic masks. They had to carry certain tasks and rituals (calendaristic: solstice
Solstice
A solstice is an astronomical event that happens twice each year when the Sun's apparent position in the sky, as viewed from Earth, reaches its northernmost or southernmost extremes...
or equinox
Equinox
An equinox occurs twice a year, when the tilt of the Earth's axis is inclined neither away from nor towards the Sun, the center of the Sun being in the same plane as the Earth's equator...
rituals, such as the "Colindat
Kalends
The Calends , correspond to the first days of each month of the Roman calendar. The Romans assigned these calends to the first day of the month, signifying the start of the new moon cycle...
" ritual, agrarian rituals, e.g.: the "Cununa", pastoral rituals, e.g.: "Roata de Foc", religious rituals, e.g.: the "Căluşari
Calusari
The Căluşari were the members of a Romanian fraternal secret society who practiced a ritual acrobatic dance known as the căluş. According to the Romanian historian Mircea Eliade, the Calusari were known for "their ability to create the impression of flying in the air" which he believed represented...
", or pseudo-military, e.g.: "Arcaşii", "Junii", "Şoimii" rituals, the Haiduc bands, etc.). The pyramid's next level was constituted by the married, established men, and culminated with the "Sfatul Bătrânilor" (the "Council of the Elders"), gathered into a council, with extended prerogatives: care for the perpetuation and unaltered preservation of ancient habits and customs, and assuring the complete respect of the "Ancient Law". Usually, the judgement was done in front of the elders, starting from the dawn until dusk. The sentences, such as mild or heavy physical punishments, expulsion from the village or even death, were respected by all inhabitants.
Among other concepts, without modern recognised correspondents, were the law of hospitality, the law of humanity, the law of purity, the law of family relations and organizations, etc.
Transylvania
As part of the Hungarian Kingdom (see Universitas ValachorumUniversitas Valachorum
Universitas Valachorum is the Latin denomination for an Estate, an institution of self-government of the Romanians in medieval Transylvania....
) the Romanians had the right to administrate themselves, as done in Maramureş
Maramures
Maramureș may refer to the following:*Maramureș, a geographical, historical, and ethno-cultural region in present-day Romania and Ukraine, that occupies the Maramureș Depression and Maramureș Mountains, a mountain range in North East Carpathians...
, Ţara Haţegului
Hateg
Hațeg is a town in Hunedoara County, Romania with a population of 12,507. Three villages are administered by the town: Nălațvad, Silvașu de Jos and Silvașu de Sus.Țara Hațegului is the region around Hațeg town...
, etc. Slowly, feudal systems were imposed, such as the 1515 Tripartitum of István Verboczy, and later with other judicial codes, such as the Habsburg
Habsburg
The House of Habsburg , also found as Hapsburg, and also known as House of Austria is one of the most important royal houses of Europe and is best known for being an origin of all of the formally elected Holy Roman Emperors between 1438 and 1740, as well as rulers of the Austrian Empire and...
one.
The Wallachian Law had greatly influenced the Székely
Székely
The Székelys or Székely , sometimes also referred to as Szeklers , are a subgroup of the Hungarian people living mostly in the Székely Land, an ethno-cultural region in eastern Transylvania, Romania...
s, during the centuries old cohabitation with Romanians, from which they inherited many of the ancient judicial characteristics: administration and judicial village forums, the organisations into "Seats" (Szék in Hungarian language
Hungarian language
Hungarian is a Uralic language, part of the Ugric group. With some 14 million speakers, it is one of the most widely spoken non-Indo-European languages in Europe....
, Scaune in Romanian Language
Romanian language
Romanian Romanian Romanian (or Daco-Romanian; obsolete spellings Rumanian, Roumanian; self-designation: română, limba română ("the Romanian language") or românește (lit. "in Romanian") is a Romance language spoken by around 24 to 28 million people, primarily in Romania and Moldova...
), the village judge and juries, etc.
Jus Valahicum
Many Romanians were shepherds in the medieval times, driving their sheep through the mountains of Southeastern Europe. Called "Vlachs" by the slavic peoples, these shepherds as they penetrated into the medieval states of the times, had to find ways to integrate into the Feudal society, yet at the same time successfully tried to preserve and to continue using their own set of laws.It was in these circumstances that the "Jus Valachicum" ("the Wallachian right") had developed in relation with the states they found themselves, a relation primarily based on the main occupation of these Vlachs, that is transhumance
Transhumance
Transhumance is the seasonal movement of people with their livestock between fixed summer and winter pastures. In montane regions it implies movement between higher pastures in summer and to lower valleys in winter. Herders have a permanent home, typically in valleys. Only the herds travel, with...
. The Vlachs could freely use their own judicial system, as opposed to the official one. In exchange for these privileges, the Vlachs had military obligations, of guarding and protecting the borders and mountainous areas, and even as militia, protecting the populations against thieves and bandits. The Vlachs were also charged with specific taxes, most typical being the sheep fiftieth tax.
The Vlach Law was officially regognised as used by:
- Moravian VlachsMoravian WallachiaMoravian Wallachia is a mountainous region located in the easternmost part of Moravia, Czech Republic, near the Slovakian border. The name Wallachia was formerly applied to all the highlands of Moravia and neighboring Silesia, although in the nineteenth century a smaller area came to be defined...
- GoralsGoralsThe Gorale are a group of indigenous people found along southern Poland, northern Slovakia, and in the region of Cieszyn Silesia in the Czech Republic...
- MorlachsMorlachsMorlachs were a population of Vlachs. In another version their name comes from the slavic terms of "morski-Vlasi" or Sea Vlachs...
In Serbia, the Vlachs were subordonate only to the King, or sometimes, to monasteries on the lands they found themselves. In many cases, the only requested obligation was the payment of metayage
Metayage
The Metayage system is the cultivation of land for a proprietor by one who receives a proportion of the produce, as a kind of sharecropping.-Origin and function:...
for grazing on the properties of the monastery. The fact that the Vlachs lived according to their own set of laws is the fact that they did not had a status on the Feudal pyramid, being only tolerated shepherds, unlike the rest of the population, who were regular serfs on the estates. To be permitted to graze their sheep on the territory of the estates, they were obliged to also graze the sheep of the estate and to give each year a female sheep with her lamb out of fifty sheep (the "quinquagesima
Quinquagesima
Quinquagesima is the name used in the Western Church for the Sunday before Ash Wednesday. It was also called Quinquagesima Sunday, Quinquagesimae, Estomihi, or Shrove Sunday...
"). The landlords had to pay taxes according to the number of Vlachs living on their territory.
Nnumerous documents (hrisovs) written by kings and noblemen during the 12th to 15th centuries, present the situation of these Vlachs in raport with the state. In the hrisovs of Prizren
Prizren
Prizren is a historical city located in southern Kosovo. It is the administrative center of the eponymous municipality and district.The city has a population of around 131,247 , mostly Albanians...
, the obligations of the Vlachs within the Serbia, who were subjects to the king, are stated: each of them had to give each year, out of 50 sheep, one sheep with a lamb and a cow; and each second year a horse. Their situation became more clearly defined when the Serbian lords started to make laws concerning them. Such laws or statutes were made at first for the Vlachs of the monasteries of Dusanovac (near Negotin,State: Bor), Studenica and Milosevo
Miloševo
Miloševo is a village in the municipality of Čelinac, Republika Srpska, Bosnia and Herzegovina.-References:...
. Their obligations are, however, clearly shown by the so called "law of the Vlachs", found in the hrisov of Banja and in two of Czar Dusan's donations, those from Vranje
Vranje
Vranje is a city and municipality located in southern Serbia. In 2011 the city has total population of 82,782, while the urban area has 54,456...
and Prizren
Prizren
Prizren is a historical city located in southern Kosovo. It is the administrative center of the eponymous municipality and district.The city has a population of around 131,247 , mostly Albanians...
. In general, the Vlachs provided all the products of grazing and also with all kinds of transports facilities .
In Poland (see Gorals
Gorals
The Gorale are a group of indigenous people found along southern Poland, northern Slovakia, and in the region of Cieszyn Silesia in the Czech Republic...
), the special character of the Romanian villages was given by the "Jus Valachicum", and had to respect stated certain norms to be recognised by the feudal lord. Among these, most important was the need for a cneaz in front of a village, having a "jurisdiction
Jurisdiction
Jurisdiction is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area of responsibility...
" (ethnic and territorial range within which he could apply the Lex Valachorum), economical obligations, and used as "interface" between the community and the lord. The peasant had the right to be treated according to the jus Valachicum also in case he moved to another village. Thus, the "Vlach right" had an economic part and a juridical one, which could not be violated. In relation with the state own tools of imposing and assuring of the respect of the law, the Vlachs usual reply was: "Take me to your lord. I possed the Vlach right". The Vlachs protested against those who "dared to interfere and violate the recognized privileges of the Vlachs", as stated in a document from the year 1447. In the course of time, however, the use of it has decreased until it disappeared.
In the Czech lands the Vlachs rebelled when the Habsburgs tried to put an end to their privileges (see Moravian Wallachia
Moravian Wallachia
Moravian Wallachia is a mountainous region located in the easternmost part of Moravia, Czech Republic, near the Slovakian border. The name Wallachia was formerly applied to all the highlands of Moravia and neighboring Silesia, although in the nineteenth century a smaller area came to be defined...
).
As Vlachs numbers increased and actively involved into the political life of the states they found themselves, the term had come to mean a juristic institutions regulating the economy and way of life of the peoples who lived a transhumant life style, hence applied not exclusively to the members of enclaves inhabited by a Romanian speaking population. The fact is corroborated with the phenomenon of losing the Romanian language and the adoption of another language as they moved further and further, being absorbed in the mass of the surrounding peoples, and it is the main reason for this new appliance of the term "Jus Valahicum". This has led to the use of the "Vlach Law" by people later nominated as Serbs, Ruthenians, Slovaks, etc.
The Vlach contribution to the shaping of modern identities of west Balkan states like Montenegro, Serbia, and Bosnia is very important. For example, in Montenegro during the Ottoman conquest the land was devastated and depopulated. There followed a steady inflow of Vlach herdsmen from Bosnia (which in their turn came from western Transylvania
Transylvania
Transylvania is a historical region in the central part of Romania. Bounded on the east and south by the Carpathian mountain range, historical Transylvania extended in the west to the Apuseni Mountains; however, the term sometimes encompasses not only Transylvania proper, but also the historical...
and Banat
Banat
The Banat is a geographical and historical region in Central Europe currently divided between three countries: the eastern part lies in western Romania , the western part in northeastern Serbia , and a small...
in the 10th and 11th century), organized in their pastoral cantons (cătun). The interblending of these newcomers and the remaining peasants living in the sedentary lowland viilages produced a territorially constituted tribal society; to this community the "village brought a feeling for legal order, while the katun introduced the blood feud, respect for the word of honor, hospitality, and the cult of brotherhood by adoption", basically the same Lex Antiqua Valachorum.
See also:
- OpanakOpanakOpanak are traditional peasant shoes worn in Southeastern Europe . The attributes of the Opanci are: a construction of leather, lack of laces, durable, and various ending on toes. In Serbia, the design of the horn-like ending on toes indicates the region of origin...
, traditional shoes worn in the medieval Serbia, of Romanian origin (Opinci in RomanianRomanian languageRomanian Romanian Romanian (or Daco-Romanian; obsolete spellings Rumanian, Roumanian; self-designation: română, limba română ("the Romanian language") or românește (lit. "in Romanian") is a Romance language spoken by around 24 to 28 million people, primarily in Romania and Moldova...
). - History of Bosnia and HerzegovinaHistory of Bosnia and Herzegovina-Pre-Slavic Period :Bosnia has been inhabited at least since Neolithic times. In the late Bronze Age, the Neolithic population was replaced by more warlike Indo-European tribes known as the Illyrians. Celtic migrations in the 4th and 3rd century BCE displaced many Illyrian tribes from their former...
.