ABSTRACT

Besides the various jurisdictional origins, a death sentence had to be given within the current legal practices. Formally, it could never be applied arbitrarily, and had to comply with the source of penal law, either “of civil law or by custom” as Peter the Ceremonious expressed it in 1359. 1 The sentences had to be in line with the legal norms of the country, that is, with the “Usatges de Barchinona, Constitucions, privilegis, custums, stils o pràtiques de Cathalunya”, 2 including the considerations of equity and good reason, as the Parliament or Courts stated in 1431–1434: “according to the Usages of Barcelona, Constitutions and Chapters of the Court of Catalonia, Uses, Customs, Privileges, Immunities and Liberties of each one’s condition and of the councils and singular to those, Right, Justice, Equality and Good Reason”. 3