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
Justice belonged fundamentally to the king, but the _alcaldes_ of the
towns usually exercised civil jurisdiction, and often criminal as well;
in some towns royal _merinos_ or _adelantados_ had charge of criminal
jurisdiction. The king might punish local judges, however, even removing
them and appointing others, but this power did not in fact enable him to
check abuses. Appeals went to the king, who also had the right to try in
first instance the serious crimes of murder, assault on a woman,
robbery, and others. In such cases the king was assisted in
administering justice by a group of men of his own appointment, called
the _Cort_ (not to be confused with the _Cortes_), but this body merely
advised him, for the decision was left to him. As might be expected in
an age of disorder, punishments were atrocious,--such, for example, as
mutilation, stoning to death, throwing over a cliff, burning, burial
alive, starvation, cooking, stripping off the skin, drowning, and
hanging; only the last-named has survived. On the other hand,
composition for murder, or the payment of a sum of money, was
allowable,--for men were valuable to the state,--although the murderer
was not free from the private vengeance of the dead man’s family. The
so-called “vulgar proofs,”--such as the tests of the hot iron and hot
water, and the wager of battle,--besides torture, were employed (as
elsewhere in western Europe) as a means for acquiring evidence, but
these methods were already being looked upon with disfavor. Real justice
was in fact rare; the wealthy, especially if they were nobles, were able
to take matters into their own hands or to procure favorable decisions,
if affairs should reach the point of litigation.
[Sidenote: Methods of warfare.]
Public-domain text, read in full here on John Shaqi.
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