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
In institutions, Aragon proper must be distinguished, throughout this
period, from the Catalonian region of the greater kingdom of Aragon.
Social differences were much more marked than in León and Castile, for
there was an excessively privileged feudal nobility, which had a
despotic power over the servile classes; the movement for emancipation
from slavery and serfdom belongs to a much later time. Lords had a right
even to kill their serfs. Slavery (confined usually to Moslems) was not
personal, for the slaves were attached legally to the land. What has
been said for Castile as regards the church, the Jews, Mozárabes, and
Mudéjares applies generally for Aragon. There were more Mudéjares than
in Castile, but, although they enjoyed equality with Christians before
the law, they were on a lower plane socially, and were more heavily
taxed. The practice of living in communal family groups was the rule in
Aragon.
[Sidenote: Political life and administration in Aragon.]
The nobles had privileges of a political, as well as of a social
character, being virtually sovereigns on their own estates. One
noteworthy official to develop was the _Justicia_ (Justice, or
Justiciar), charged with hearing cases of violation of privilege and
complaints generally against the authorities. The nobles tried to take
the appointment of this official to themselves, but failing in this
were, nevertheless, able to compel Jaime I to recognize that the
functions of the _Justicia_ were to be exercised in his own right, and
not by delegation of the king,--for example, in cases in which the
_Justicia_ acted as judge, or mediator, between the nobles and the king.
The free towns usually sided with the crown, as in Castile, but they
were not nearly so numerous, and not equally an agency for the
liberation of the servile classes. According to some writers they were
represented in the _Cortes_ as early as 1163 (which was earlier than in
León), but others make 1274 the date of their entry. There were four
estates in the Aragonese _Cortes_,--the higher nobility, the
_caballeros_, the clergy, and the representatives of the towns. Aragon
and Catalonia continued to have a separate _Cortes_ after the union of
the two states, and Valencia also received one of its own, but there
were times when a general _Cortes_ of the entire kingdom was held. The
principal form of legislation was that of the royal charters. The same
diversity of law existed as in Castile, but Jaime I did something to
bring about unification by having a code drawn up. This code, called the
_Compilación de Canellas_ (Compilation of Canellas), for one Canellas
was the compiler, embodied the traditional law of Aragon, supplemented
by principles of equity. It did not do away with the charters, applying
only to matters which they did not cover. The Roman law of Justinian and
the canon law, both of which greatly favored the king, were beginning to
be studied, but the nobility opposed the assertion of these legal
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