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
frequently intervened to change the seigniorial statutes or to enact
others of his own. The difference from European feudalism, however, was
perhaps more juridical than actual.
[Sidenote: Rise of the free towns.]
One element appeared in this period which was to prove a great
limitation on seigniorial authority, and was to be an aid to the king in
the establishment of internal good order and unity. This was the
plebeian town. The most important type of this class was the _villa_, or
_concejo_, which originated in the tenth century. The _villas_ were
founded on lands conquered by the kings, and were usually in frontier
districts exposed to the enemy. On this account special privileges were
granted in order to induce people to settle there. Anybody who could
contrive to reach a _villa_ was declared free, even if of servile grade
before. All citizens were not equal, however; there were varying grades
of rank, though all were free. The _villas_ were exempted from many
duties to the state,--often from the payment of taxes. They were also
withdrawn from the jurisdiction of the counts, and were granted much
political authority. Each _villa_ received its own _fuero_, or charter,
by a special grant, with the result that there was a great variety in
the terms of different charters, although certain of them tended to
become the types which were imitated in subsequent grants. As a general
rule the government of a _villa_ was in the hands of the assembly of
citizens, in which local laws were enacted and judges and administrative
officers elected. These rights, added to a long line of exemptions, made
veritable political entities of the _villas_, which were independent of
all but the king, and were in great measure not subject to him. The
_villa_ extended beyond its own walls to include neighboring rural
districts as well. The rise of the _villas_ on royal lands compelled the
nobility and the clergy to form similar settlements in order to attract
people to their territories or to avoid uprisings of their dependents,
although these towns did not achieve rights equal to those of the
_villas_.
[Sidenote: Diversity and primitive character of the law.]
Since privilege was the general rule, the law in northwestern Spain was
very far from being uniform. The Visigothic _Fuero Juzgo_ continued to
be the general law, but it was often supplanted as a result of grants by
the king to nobles, clergy, and _villas_, and by the nobles and clergy
to yet other units under their rule. Very important, too, was the
modifying effect of local customs, which in the absence of other
specific law were frequently cited. These customs tended to resemble
those of the Germanic invaders or even of the indigenous peoples, since
the type of life at this time was similar to that of earlier unsettled
periods. This era, therefore, was one of a marked falling away from
Roman traditions, which had to wait several centuries before they again
came into their own.
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