The Szekler Nation and Medieval Hungary: Politics, Law and Identity on the Frontier

Description

In the thirteenth century, the Szeklers were granted a territory (Terra Sirulorum) on the eastern border of the kingdom of Hungary. These lands were donated by the king to the community as a whole, in exchange for the armed border guard service. The use of Szekler customary law, based on a military-judicial – and most likely multi-ethnic – clan structure was confirmed by the Hungarian crown. Based on extensive archival sources from the thirteenth to sixteenth centuries, this fascinating book examines how customary law maintains complex structures of clan membership as a condition of access to judicial and military dignities, and how the Szeklers developed rules for land ownership and devolution. These documents recall legal principles in which the clan has pre-eminence over individuals, all free and equal before their laws. In this period, one can observe an evolution towards individual property, a factor of inequality, constantly shaped and limited by the Szeklers' determination to safeguard their freedom. This unique text is vital reading for scholars interested in Hungarian history, medieval law, and clan structures. Cover Contents List of Maps List of Tables List of Illustrations Translator’s Preface Preamble Introduction The Sources Utilization of the Sources The Studies Part I THE STRUCTURES OF THE SZEKLER COMMUNITY (THIRTEENTH–FIFTEENTH CENTURIES) Chapter I On the Origins of the Military Auxiliary People and their Set I. ‘Privileged nobles, descendants of the Scythians’ – The Origins of the Szeklers A. The Theories on the Origin of the Szeklers 1. The Tradition since the Earliest Chronicles: Attila and Scythia 2. The Onset of Critical Analysis: Functionalism, Etymology and Totemism 3. Archaeology and the Theory of the Double Conquest 4. The Khazaro-Kavar Theory in the Light of Byzantine Sources B. Szekler Origins and Szekler Law II. ‘Skilled in the art of war’ – The Military Role of the Szeklers A. The Hungarian Confederation at the Time of the Conquest (Ninth–Tenth Centuries) 1. A Military-Political Confederation 2. Power Shared 3. Military Functions, Lineages and the Sharing of Property B. The Szeklers’ Place in the Hungarian Military Organization under the Árpád Dynasty (Tenth–Thirteenth Centuries) 1. The Structures of the New Kingdom 2. Just One of Several Auxiliary Peoples C. From Privilege to Integration: The Auxiliary Peoples and the Szekler Exception III. Migration toward the Szeklerland A. From Moson to the Altland, Stopover at Telegd B. The Transylvanian Particularism 1. The Voivode of Transylvania 2. The Assembly of the Three Nations 3. The Saxon Community C. From the Altland to the Szeklerland 1. The Three Stages of Settlement 2. The Three Ecclesiastic Circumscriptions 3. The tres genera Siculorum in the Military Organization Chapter II The Noble Szekler Nation: a Privileged Community I. ‘Privileged Nobles’ A. A Collective Privilege 1. The Notion of Privilege 2. The Particularism of the Szekler Community’s Privilege B. Personal Military Obligation 1. The Szekler Military Structure 2. The Reforms of King Matthias An Indispensable Military Adaptation … 3. The Statutory Tax Exemption and the Gift of the Branded Oxen II. The Organization of the Szeklerland A. The Place of the Church 1. Church History and Szekler Society Paganism, Occidental and Oriental Christianities and Reformation Ecclesiastic Organization 2. Privileges in Conflict – Conflicting Privileges Privileged Ecclesiastic Enclaves in the Szeklerland Conflicts of Jurisdictional Competence B. The Royal Free Towns C. The Szeklerland, its Seats and Clans 1. The Szeklerland Divided into Seats The Particularism of the Seat of Aranyos The Sub-Seats The Villages The ‘tízes’ and the Village 2. A Structure of Clans Part II CUSTOMARY LAW, AS PRACTISED – AND RECORDED (FIFTEENTH–SIXTEENTH CENTURIES) Royal Authority, Oligarchy and the Nobility The Ottoman Menace Chapter III The Recording of Customary Law I. Conflicts within the Community (1466–1473) A. 1466, Zabola, Confirmation of the Free Status of the Common Szeklers B. 1473, the Three Military Strata II. The Affirmation of the Szekler Community (1493–1514) A. 1493, Solidarity against the Voivode B. 1499, Royal Confirmation of the Szekler Community’s Privileges C. 1503, the ‘Concordat’ between the Diocese of Transylvania and the Szekler Community D. 1505 and 1506, the ‘Constitutions’ of Udvarhely and Agyagfalva E. The Consecration: 1514, Opus Tripartitum, Pars III, Titulus IV III. 1555: Codification in Detail Chapter IV The Practice of Law: Legal Procedure in the Szeklerland I. The Echelons of Jurisdiction and the Steps of a Legal Procedure A. Local Jurisdictions Applying Szekler Law B. The Jurisdictions of the Seats C. Procedural Steps 1. Steps in the Conduct of a Trial Rights of Appeal Execution of Judgements 2. The Holding of Judiciary Assemblies Judiciary Assemblies in the Székely Archives Frequency of Assemblies II. The Judged and the Judges A. The Community, Juries, Seat Judges, Captains and Judges of the Crown Council: What these Terms Signify B. ‘Universitas Siculorum’ C. ‘Iurati Assessores’ D. The Szekler Tribunal 1. Who Was the Crown Judge? 2. The Judge of the Seat (iudex terrestris) 3. The Captain III. The Paradox of the Primipilate A. The Principles of Eligibility to the Dignities of Judge and Captain 1. From Land that Comes with the Function … 2. … to Land as a Condition for Access to the Function 3. The Number of Dignitaries by Seat B. The Case of the Seat of Maros in the Early Sixteenth Century 1. The Sharing out of Dignities between the Clans 2. Sharing in, and Concentration of, Clan Rights by Families 3. Presence of Clans and Primipilates in the Villages Chapter V Land Ownership I. Prohibition of Royal Donations and Confiscations in the Szeklerland A. Hungarian Families and Szekler Land B. Szekler Families and Royal Donations of Land Adjoining the Szeklerland. II. Alienation of Land Property A. The Categories of Szekler Land: Acquest and Inheritance B. The Types of Alienation: Mortgaging and Sale in Perpetuity (perpetua proprietas) C. Conditions for Alienation of Inheritances: Kinship Rights III. Rules of Inheritance A. The Testament B. Custom: Division and Orderly Succession 1. Codified Rules of Division The Status of the Widow The Rights of Collaterals The Question of the Dowry 2. Successoral Order: ‘Women’s Rights’ and the Kindred Successions by Women 3. Rules Deduced from Practice IV. The Right of Confiscation before 1562 A. The Underlying Principles B. The Practice C. The Decision of 1562 By Way of Conclusion Glossary Documents Chronology Names of the Cities of Transylvania Quoted in this Study List of Szekler Villages Abbreviations Sources Notes Bibliography English Bibliography Supplement Index 1 Hungary, Yesterday and Today 2 The Kingdom of Hungary at the End of the Middle Ages (Fifteenth Century)  3 Hungary after the Battle of Mohács  4 Szekler Migrations and Establishment in the Szeklerland  5 The Szeklerland (Seats and Royal Free Towns) and the Royal Fortresses  6 Twenty Villages of the Seat of Maros with Primipilates (Late Fifteenth Century)