Royal Forais and Custom Portugal, 12th-13th Centuries

Abstract

The 12th and 13th centuries, in Portugal, have been historiographically identified as the hinge of the forais [charters], given the abundance of documents of these legal acts, mainly issued by the monarchy. Although the content of the diplomas often reflects “uses and customs”, this aspect does not merit due attention, preferring to underline potential political meanings concerning the capacities of the one who signs the forais: the king. For the medieval people, who created and used the instrument, it had a meaning and a power that went hand in hand with several others of formal law, of which custom – in addition to law – was a form. But, equally, it is still possible to observe in the elaboration of this type of legal instrument the weight of – so-called non-formal – norms. The intertwining of forais and custom is the central problem of this article, through a perspective that aims to highlight historical modulations of a multinormative character.