Captives and captivity in the Discurso Jurídico of Antonio de Mergelina y Montijo

Abstract

The Discurso Jurídico por la Inmaculada Concepción de Maria Santisima, by Alonso Mergelina y Montijo, published in 1628 and addressed “to the illustrious City Council of the very noble and very loyal city of Murcia,” was authored by who, at that time, served as an attorney for this City Council and as the Mayor of Cartagena. The work aims to contribute to the defense of the mystery of the Immaculate Conception, to the city, and to the nobility that governs it. Mergelina y Montijo’s proposal, which has a distinctly legal foundation, is articulated on the authority of Roman legal scholars, the Glossators, the theologian-jurists, and classical philosophers and poets; however, its ambition extends far beyond these authorities. Constructed on the triple condition of Mary’s heritage –as Daughter of the Father, as Mother of the Son, and as Spouse of the Holy Spirit– Mary is rendered the holder of a heritage comprised of favors, gifts, and graces so exceptional that necessarily invokes her freedom, and inherently exclude the bondage of sin. To support his cause, the author establishes an original discourse on captivity that intertwines legal, theological, and philosophical elements within a complex relationship context. The analysis of these elements, their meanings, their interrelations, and their implications for the defense of the cause of the Immaculate Conception focuses this work.