Spain in 1830, vol. 1Inglis, Henry D. (Henry David)
History
Spain in 1830, vol. 1
Inglis, Henry D. (Henry David)
Spain -- Description and travel
The Basque provinces enjoy many separate privileges, of which they are
extremely jealous; but Biscay Proper enjoys more privileges than either
of the other Basque provinces. I shall mention a few of the most
remarkable. Biscay acknowledges no king; the king of Spain is not king,
but lord of Biscay. This is but a nominal privilege: but the next is
more important. The conscription does not extend to Biscay; in case of
invasion only, Biscay is bound to furnish troops, but as soon as the
demand upon their services is past, they are entitled to disband
themselves. The next is a highly honourable privilege, whatever may be
thought of its solid advantage: a Biscayan cannot be hanged, but must be
strangled, like a Spanish noble; nor can stripes be inflicted as a
punishment. The only difference between hanging and strangling consists
in this, that the punishment of strangulation is inflicted while the
criminal is seated. The next Biscayan privilege is a privilege annexed
to his religion; it is, that no foreigner is entitled to establish
himself in any trade, unless he profess the Roman Catholic religion.
The code of laws by which Biscay is governed, is different not only from
those of Spain, but also from those of the other Basque provinces: this
is no doubt a right, but whether it be a right conveying any advantage
is more questionable. I understood that justice in Biscay was badly
administered, and that a code of separate laws in no respect increased
the chances of the poor in a contest with the rich. Questions arising in
Biscay, although decided by the laws of Biscay, are not decided within
the province, but are subject to numerous appeals. They originate with
the Court of the Corregidor; from which the first appeal is to the
Chancery of Valladolid; from this to the Council of Castile; then to the
tribunal _de mil ducados_, so called because that sum must be deposited
before the appeal can be received; and lastly to the king, under the
name of “_appelar de notoria injusticia_.” It is evident, that with the
power of thus prolonging the term of litigation, and the necessity of a
large deposit, the richest litigator must enter upon his lawsuit with
very reasonable hopes of success.
Biscay is not obliged to pay any government impositions: the king has no
certain revenue from Biscay, but when money is wanted, he must ask it,
and a part of what is demanded is generally given; but if any demand be
made inconsistent with the laws or privileges of Biscay, a thing that
has sometimes happened, Biscay returns this contradictory answer; “_Se
obedese, y no se cumple_.”
Public-domain text, read in full here on John Shaqi.
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