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- Title
“Ainda que no exercício sucedam mortes e cortamento de membros”: D. Manuel Álvares da Costa e a discussão jurídica da subdelegação do governo das armas durante a Guerra dos Mascates (1710-1711).
- Authors
Viana da Fonseca, Marcos Arthur
- Abstract
Recent historiography has pointed to the importance of the emergence of political and legal ideas in overseas territories. Through the appropriation or selection of concepts, royal agents based their interests on authors and legal doctrines based on common law. In the case of overseas rulers, part of these interpretations had the objective of expanding the ordinary jurisdiction that these authorities received from the Crown. Unexpected situations, however, could trigger unusual solutions on the part of these authorities, in the absence of precise instructions from the monarchy. Thus, it is highlighted that some fundamental jurisdictions could be granted specifically to certain authorities such as the governors-general or viceroys of India, such as the right to declare war or proclaim peace, in accordance with regimental instructions. However, the conjunctures of the overseas territories could demand that the governors and captain-majors act immediately, without precise instructions from the monarchy. In this way, through a case study, this work intends to analyze how the bishop of Pernambuco, as interim governor, mobilized the production of legal manifestos to legitimize the sub-delegation of jurisdiction of his office. The event took place during the interim administration of the bishop of Pernambuco D. Manuel Álvares da Costa (1710-1711), during the conflict known as the War of Mascates. Based on two legal manifestos written by supporters of the bishop during his government, the aim is to analyze the arguments used by the prelate and his supporters to legitimize and justify the subdelegation of royal jurisdiction to a military junta, even without prior authorization from the Crown.
- Subjects
RECIFE (Brazil); NON-self-governing territories; JUNTAS; WAR; COMMON law; JURISDICTION; ROYAL weddings; HISTORIOGRAPHY
- Publication
Revista Maracanan, 2023, Issue 33, p93
- ISSN
1807-989X
- Publication type
Article
- DOI
10.12957/revmar.2023.74327