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
A similar development to that of the executive branch was experienced in
the administration of justice. The fountain-head was the _chancillería_
at the capital, Valladolid, to which were subordinate in a measure the
several regional _audiencias_, which were now established for the first
time, besides the hierarchy of the judiciary of lower grades. In
addition to unifying and regulating the judicial system the Catholic
Kings gave attention to the internal purification of the courts, with a
view to eliminating the unfit or undesirable and to checking abuses. The
corrupt practices of those outside the courts were also attacked,
especially powerful persons who attempted to overawe judges or procure a
miscarriage of justice. One of the principal difficulties encountered
was that of conflicts of jurisdiction, notably in the case of the church
courts. Good Catholic though she was, Isabella was determined in her
opposition to ecclesiastical invasions of royal jurisdiction, but
despite her energetic measures the issue was far from being decided in
her day. In line with the royal policy of settling disputes by law
rather than by force the use of firearms was prohibited, gambling was
persecuted, and the _riepto_ (or judicial duel, the last survival of
medieval procedure) was abolished. Good order in the present-day sense
was far from existing, and this led to a revival of the medieval idea
of the _hermandades_ for the punishment of crimes committed in
uninhabited places or small villages as well as for the pursuit and
execution generally of those guilty of felony. The _Santa Hermandad_,
with its capital at Toledo, was created as a kind of judicial body,
sustained by the groups of citizens who formed part of it, employing a
militia of mounted men, and making use of summary methods and extreme
penalties in its procedure. Its life as an effective body was brief,
although it continued to exist for many years. On the other hand the
medieval _hermandad_ of Toledo enjoyed a revival of life and
usefulness.[53]
[Sidenote: Reforms in Aragon.]
It is hardly necessary to trace the administrative and judicial reforms
of Ferdinand in Aragon. Suffice to say that they followed the Castilian
pattern much more closely, indeed, than in the matter of social
organization.
[Sidenote: Procedure of the Inquisition.]
Public-domain text, read in full here on John Shaqi.
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