“It Was Not Even Necessary to Have Written So Much in Right”: Legal Argumentation of the oidor Sebastián Zambrana de Villalobos to Defend the Marriage of his Son in the Audiencia of Charcas’s Jurisdiction, 17th Century
DOI:
https://doi.org/10.35305/prohistoria.vi27.1206Keywords:
Audiencia (high Court of justice), Charcas, oidores (judges), juridical allegation, Zambrana de VillalobosAbstract
The paradigm of the Spanish justice had the judges and their correct doings at its center, so that their unblemished conduct would safeguard the decisions made within the courts. This paper will analyze the legal argument of licenciado Sebastian Zambrana de Villalobos in favor of the marriage of his son with a distinguished lady from the Charqueña jurisdiction. The piece that drafted the hearer is a suggestive rhetorical allegation that uses the Ius Commune to escape the prohibitions settled in Madrid. A glaring example that aims to illuminate the social relations that Hispanic judges aspired to establish.
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