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of curses even as early as then. The interconnection of the judicial cases 2 was explained
by the presence in the divan of representatives of lay authority and ecclesiastical
authority respectively. As it is known, the metropolitan bishop and the bishops "judged
or participated in judging cases of any nature and between people belonging to any
category: clergymen or laymen. Their competence comprised prerogatives of judging
and passing sentences proper, as well as prerogatives of public notaries, in connection
with the authentication or enforcement of juridical acts" 3 .
2. In order to identify the grounds of institutionalized mechanisms that
authorized the use of curses under the most diverse forms 4 , we should describe the
social and political conditions of the 18 th century.
The hypothesis according to which the Phanariots deliberately permitted this
practice, which consolidated the authority of the ecumenical church from
Constantinople in Transylvania, Walachia, and Moldavia must be analyzed closely and
its validation could be pronounced solely on statistical bases comprising data that is as
exact as possible regarding the number of books of curses issued by the Greek
hierarchs.
Our analysis on a corpus of judicial acts issued in the century mentioned
above 5 emphasizes the constant use of books of curses, especially in proceedings of in
privind istoria României (= Documents of the History of Romania, B, XVI, pp 41-42, no 49. For
an early copy, see also Pr. Teodor Bălăşel, Trei cărţi de blestem patriarhiceşti (=Three Patriarchal
Books of Curses), in „Arhivele Olteniei”, XV (1937), p. 113
1
Val. Al. Georgescu et alia Judecata domnească... (=Judgment in the High Court): "In Walachia,
on 6 th January 1633, Matei Basarab investigated during a council meeting, together with the
metropolitan bishop, bishops and Superiors, as well as boyars come from all over the country,
"according to the holy code of law", the complaint lodged by a boyar’s wife, called Maria,
unjustly accused of debauchery by her husband, a sword-bearer by the name of Vasile, who had
managed under Voivode Leon to gain possession of her dowry, as a sanction specified by the
code of law. During the council meeting, the man granted Maria, who was armed with several
patriarchal books of curses, the right to prove her innocence by having 12 women witnesses swear
that she was innocent. It is a unique case of women standing as witnesses and taking an oath, in
which the basic idea was that only women could possibly be knowledgeable as regards the
intimate life of another woman. The practice of holding such meetings on leaving the church, and
more than that, on a very significant and great Christian holiday (especially on Epiphany day),
and often in conditions that became spectacular because of the litigants, is also found in the
Byzantine world", p. 99
2
The passing of sentences by the ruler’s High Court was grounded both on civil codes of law and
church or common-law codes
3
The ecclesiastical implication increased whenever the cases involved trials of a canonical nature:
marriage, separation, adultery, relatives engaging in sexual acts/and having offspring or when the
cases concerned monasteries or clergymen. See Val. Al. Georgescu, et alia, pp. 119-120
4
Among the moments when books of curses had a decisive impact on the collective mentality, we
mention here only those due to which the entire society was subjected to excessive fiscal
obligations, all made more serious by the spectre of being cursed. This is proven by the
circumstances of the promulgation of Obiceiului ţigănăritului (= Law of Levying Tax on the
Number of Gypsies Employed) in 1726 and Obiceiuuil văcăritului (= Law of Levying Tax on the
Number of Cattle) in 1756, respectively.
5
Acte judiciare din Ţara Românească: 1775-1781 (=Judicial Acts in Walachia: 1775-1781),
edited by Gheorghe Cronţ, Alexandru Constantinescu, Anicuţa Popescu, Theodora Rădulescu,
Constantin Tegăneanu, Editura Academiei Republicii Socialiste România, Bucharest, 1973