A History of Spain: founded on the Historia de España y de la civilización española of Rafael AltamiraChapman, Charles E. (Charles Edward)
History
A History of Spain: founded on the Historia de España y de la civilización española of Rafael Altamira
Chapman, Charles E. (Charles Edward)
Spain -- Civilization; Spain -- History
Despite appearances, uniformity and order in the administrative and
judicial organization were far from being completely established. Not
only was there a great variety of jurisdictions, but there was also a
great diversity in the law, for one region would differ radically from
another. The towns, nobles, clergy, universities, and the great
corporation of stock-raisers (the _Mesta_) all had officials of their
own and exemption from royal jurisdiction. At the same time, great
_hermandades_, or leagues of cities, were formed for the maintenance of
public security against highwaymen or other disturbing elements, since
royal activity in this regard left much to be desired, and these also
had their separate jurisdictions.[45] The current toward centralization
was very strong, however, being aided by the education in the Roman law
of the _letrados_, whom the king employed as his officials (for these
men were pronouncedly monarchical in sentiment), and by the increase in
powers to which the _adelantados_ and _merinos mayores_ were attaining
at the expense of the semi-independent elements. The successors of
Alfonso X, especially Alfonso XI, furthered this policy of
centralization. Royal judges began to appear in the towns, either taking
the place of the formerly elected officials, or acting concurrently with
them, for the kings took advantage of one pretext or another to make an
opening for their own appointees. Another important reform was the
division of the _audiencia_ into two sections, one of which remained in
Segovia, while the other went on circuit for brief periods in Andalusia.
Under Juan II there appeared in the _audiencia_ the official known as
the _fiscal_, who at this time was a royal prosecuting attorney, but who
later was to become one of the most important all-round administrative
officials in Spanish and Spanish colonial government. As an example,
too, of the extension of royal jurisdiction may be mentioned the
so-called recourse of _fuerza_ in cases of usurpation (by force,--hence
_fuerza_) of lands or jurisdiction by the clergy. The trial of these
cases was ordered to be held in the royal courts.
[Sidenote: Judicial procedure.]
Public-domain text, read in full here on John Shaqi.
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