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statutory developments in the Crown of Castile and Leon

One of the most interesting and studied that characterized the Middle Ages peninsular was associated with reforestation and the legal framework within which it developed. It should be recalled here that the medieval city not only confined to the urban core but also included a space court popularly called "administrative district" of which the inhabitants of the city promoting their recruitment. In this context, the importance of the charters have played an important role since many of them thanks to its large concessions were used to repopulate empty or dangerous places in the slow but steady progress on the Peninsula Castilian.

Another fact to take into account the expansion of territorial jurisdiction is legal - that mentioned below, and is, on one hand the local interests of cities and other legal strengthening of royal power, went through a Throughout these stages centuries of good and bad relationships according to the current political situation.

-Introduction to the jurisdiction-

The venue: We can say that the municipal courts in the Crown medieval Castilian-Leonese is understood as a series of sets of rules which set legally neighborhood communities and find in them their scope, were regarded as belonging to the same.

Among the English historians has been customary jurisdictions differentiate into two major groups: be brief, also known as "privilege cards" and extensive privileges or "books out" .

then wrote a brief explanation of the statutory characteristics of each group to better understand the evolution of these sets of rules for our country.

Award jurisdiction of Brañosera Munio by Nuñez 824, considered one of the oldest in the Peninsula, despite no physical evidence left at the time. The current statutes of autonomy of Castile and Leon mentioned in the preamble as "the Charter or Letter of Brañosera Puebla (ninth century), which can be viewed with pride as the oldest municipality of Spain"

• The letters should be short or jurisdiction:
  

legal in this group find a place documents of various kinds, from population privileges and franchises, to text content related to broader policy community life. Present configuration as diplomas, following, whether royal or manorial documents, rules cancillerescas to use.

regard to critical analysis draws attention to the small number of original diplomas that are contained, until relatively recently - Fernando III - provincial diplomas are not many authentic, ie they try to copy or collections transcribed from older and lost. this does not mean, in principle question of false documents, because in them set out rules that can be applied, and that otherwise would not have been collected and fixed in writing at any given time.

• The extensive privileges or charters book

The very presentation of form and composition show a marginal creation cancillerescos environments. So they bring in the existing law in a respective area. Usual initiative and involvement of councils in their development, later being initialed by the monarch.

• Families
  

provincial monarchs always eager to expand their power soon noticed the benefits of certain privileges which favored for various reasons. This led the calls "provincial families" , ie privileges previously granted under another.

was not uncommon either, within the policy of expanding domestic law, to meet mixed jurisdictions totaling or combine two or more provisions of provincial rights. These provincial groups or families served, ultimately, to secure and guarantee the local law. This occurs between some jurisdictions Castile and Extremadura regions where traditional law is deeply rooted among others, encouraged the development of a very uniform law. Crown of Castile and León would emphasize the provincial families Sahagun Toledo, Cuenca and Logroño.

• The objectives of the forum

The provincial goal of these texts must be understood not as a result of an authority at any given time, but rather as a result of a collective community effort that seeks to establish a written gradually rules of coexistence and different sources (donations of terms, or stately royal privileges, exemptions or tax military ...) to provide knowledge and facilitate its implementation.
But above all was the prestige of the royal authority was therefore not surprising that in some jurisdictions of councils or lordship stocks subject to the approval stating of the monarchs. Besides the favorable attitude of the rulers of this kind of recognition during the twelfth and thirteenth century, it seems that provided the incentive for municipalities is determined to devote to the collection and deeds of their rights.

• The development of statutory drafting
  

It appears that the process of writing the local law could spread in the first third of the s-XII in those areas where recruitment and establishment of new towns had been with greater intensity.

The political evolution of the Castilian-Leonese crown and the rise of municipal life and at the end of the twelfth century, together with all this, upon receipt Peninsula in the common law, contributed to the shaping of a very suitable framework for the formation of new newsroom. The new charters were drawn wider than his predecessors and his technique was more developed formal.

mark the thirteenth century the golden age of this activity which lasted for some time yet. It persist past century, more conservative zeal for the development of its standards, which, would soon be overwhelmed by the demands of an evolving society.

- The council -

One of the key elements to understand the significance of the charters was the socio-administrative unit in which it developed: the councils.

• The origin
  

emerged particularly in the second half of the eleventh century to urgently settle the territories lying between the Douro and the Cordillera Central, came to be clearly distinguished from the administrative organization that came to prevail north of the river Castilian, based primarily on merindades - areas in which the king put to a merino endowed with many skills such as justice, military or taxing -.

The vast territory was divided almost empty in large municipalities at the head of which the respective councils were ordered to dominate their area of \u200b\u200binfluence through the installation of settlers. And that is about 30,000 square km that concern us were organized by powerful border towns - Salamanca, Avila, Sepulveda, Soria, Segovia Cuellar and others. Getting to this privileges that made them virtually autonomous entities whose legal group appeared together in the charters.

Vista de Avila, highlighting his spectacular walls.

• Operation
  

In this system, the center and the hub of all is the village, ie, a center aspiring urban population, which has a castle or fortress wall and provided with a greater or lesser extent. The territory granted to this town was run by the council, who exercised the rights of ownership and governance in the areas of crown land belonged to the king and the manor or abadengo tycoon or abbot.

In principle, the new town and its district were open to people of diverse backgrounds and social status: either men or laborers, thieves and merchants, rogues, farmhands and other elements of society then they came to reinforce the new lands de Castilla. Its installation was directing himself in the town council, who would distribute the inheritances among its neighbors, both the city and of the many villages of the district. Were also responsible, under the direct subordination only to the monarch, to set the legislative package, which regulated their relations with neighbors.

And these councils of the English Extremadura were gifted in the political and administrative order of broad autonomy: not dependent on any tycoon, merino judge or real, but only and directly from the king. Neighborhood or parish elected its own officers for a year assuming all governmental powers, economic and even military court over the town and administrative district without further subordination due to their king, sole ruler throughout the kingdom.

• military task
  

councils must remember that besides repopulating functions, the other major mission was the defense council of the Crown. Settlers not only had to plow the land but to use weapons if necessary. Each council mobilized his own militia under its own rules, but then on the battlefield the King meet in a single body, each keeping various militias organic cohesion and natural controls. The term of municipal councils militia service was regulated and limited by its own law, which generally did not extend beyond three months and therefore was not common for King Call Call your council itself once and staggered. Some villas

became really powerful, highlighting the English Extremadura of Avila, who built a huge defensive wall with a perimeter of about 33 hectares and organized annual riots in order to get loot and weaken the Andalusian Hagrites.

This organization was born in Extremadura Concejil soon be issued by the Trasierra, which emerge as important councils of Toledo, Talavera, Cuenca and Huete and others, whose mission defense played an important role in the fields of southern Castilian.

-charter in Evolution Crown of Castile and Leon,

• primitive times

The first letters are kept Castilian towns belong to four and back to the time county: Canales de la Sierra Fernan Gonzalez; CASTROJERIZ and Garcia Melgar de Suso Fernandez, and Sala de los Infantes by Gonzalo Gustioz at the request of Garcia Fernandez. Also the privileges of Sepulveda Escalona Palenzuela and claiming to have the same origin. The matching element of all these texts seems to be collecting a right more or less uniform in their respective regions.

While in the old kingdom of Leon lived otherwise. The establishment of Mozarabic population flight of Islam led to the implementation of the "Liber iudicium" without prejudice and regardless of the custom development that could have gone generated. This fact and the way the company carried out under direct repopulation of the king or his representatives justify the reason for the lack of provincial grants in this first period. Only the capital of the kingdom received a letter from Alfonso V population .

The legal system of this first forum of León was based on customary law, with recourse to "Liber" and completed with some general provisions to the kingdom of León. His system was not altered Fernando I, as merely short letters give some villas population of both kingdoms and terra Portucalense (future Portugal).

• statutory policy of Alfonso VI

The progress of the border and the capitulation of the city of Toledo led economic and cultural development that the king personally dealt with promoting and encouraging the settlement of people from origins rooted in various new residential areas and existing ones, which also are revitalized through the grant of letters of population and privileges. Examples are: Sahagún 1082?, Logroño 1095, Miranda de Ebro 1099, 1101 etc Toledo. He confirmed the Sepulveda 1076, Nájera 1076, Sanctarém 1093, etc. To this we must add the delegate's actions border - Raimundo of Burgundy - which gave privileges to the towns of Avila and Salamanca.

From a quantitative point of view the number of allowances held under this rule is high when compared with the performance of their predecessors. Therefore opened a new phase where the formation of the Castilian law and lions are characterized by greater involvement of the royal authority. And is that the circumstances to the throne of Alfonso VI lead him to confirm in a first stage, by jurisdictions that govern its people were being so, confirm its position to his new subjects.

concessions described above would fall into two well defined areas for different reasons:

- The rear area to coincide with an important means of communication "El Camino de Santiago" responding to economic reasons.

- The Extremadura or southern border, which would respond to defensive military reasons.

• statutory policy of Alfonso VII
  

is no doubt that under the reign of Emperor Alfonso VII the policy provisions and statutory repopulating were an essential part of its policy. This did nothing to continue the work carried out by its predecessors, especially his grandfather Alfonso VI and his own father, the aforementioned Don Raymond of Burgundy.

The privileges granted under the reign of Alfonso VII and older exceeded Charters which had served people repopulating the first legal status to enjoy certain exemptions that would ensure some of his original rights. Particularly noteworthy is the legal activity from the imperial coronation.

In total we have reached more than forty documentary evidence of this local law grants: Guadalajara in Alcarria, Calatrava on the Guadiana and Coria in Leon received Trasierra jurisdiction of the Emperor as outposts of the repopulation efforts.

Although it will be the presence of Alfonso VII of Castile and more specifically on the border with Navarre, where it will be evident that exercise of authority through statutory policy. The curia regia held in Leon in 1135 would have made laws for the whole area of \u200b\u200bthe Empire, but in Castilla also are populations or special laws are confirmed: Balbas, Atapuerca and Roa in Burgos area received immunity in 1135, 1138 and 1143 respectively, between 1136 and 1137 confirmed the Emperor and Najera in 1140 granted the de Medinaceli those who populate the lands of Sigüenza.

would to remember all this activity that the inhabitants of cities and border regions, while benefiting a greater degree of imperial policy, were usually swelled the Emperor's forces in their campaign to assert its authority in the various noble rebellions. However

statutory policy was not confined to border areas, as well as in times of his grandfather are out in the rear. In those days would come the privileges of Oviedo and Astudillo, granted between 1145 and 1147, while by the end of his reign were to receive important towns such as Molina, Zorita or Ocaña.

Map of the evolution of provincial families (click on image to view larger)

• The continuity of the work
  

overcome the crisis of the kingdoms of the former Emperor's Crown Alfonso VII, his descendants Fernando II and Alfonso IX of León, Alfonso VIII of Castile and remained in their respective domains with a very similar lines to those of its predecessor.

already mentioned how the council conducted a profuse activity compiling the rules that had been generated in them to obtain written confirmation. In Castilla fundamental fact it marked the promise of Alfonso VIII after the battle of Las Navas de confirming charters and villas to all populations of Extremadura, and the nobility who had contributed to the successful crusade. There were many councils, whether or stately realenga condition, which is applied to the task of collecting their rights and without prejudice to have a letter from earlier courts could be incorporated in whole or in part to the new wording or be canceled to be overcome by it.

Here we see the emergence of some of these new charters in the two kingdoms meseteños:

- In the kingdom of León: in times of Alfonso IX lands have in initial core Salamanca where form the similar privileges of Zamora, Alba de Tormes and more akin to one another, such as Salamanca and Ledesma. There is also the jurisdiction of the bishopric of Ciudad Rodrigo used in drafting "foraes" in Portuguese Coa Valley and the privileges of Coria, Cáceres and Usagre.

- In the kingdom of Castile: the first moment of the momentum we have in the lands of the kingdom of Toledo Trasierra or represented free councils outside Guadalajara and Madrid, stately as Molina de Aragon, Episcopalians and Alcalá de Henares, Brihuega Alcarria sources, and at the eastern end of santiaguista Uclés. Although it will be in the Cuenca where the work of the councils is to be more intense. Yet we should say that Alfonso VIII was not an innovator like what would later Alfonso X, but a monarch who used the received law adapted to the many jurisdictions in the circumstances of each place.

• statutory policy of Ferdinand III

Under the government of Fernando III "The Saint", the union of Castile was definitively established. This strengthened his power and broad the scope of his army, the great achievements of Cordoba and Seville, among others, were the result of the strong joint efforts of the warriors meseteños and marine experts Cantabria. At the same time that territorial expansion, there was an economic and a cultural renaissance. The successful results confirm the great work Governor conducted with prudence and firmness.

In this environment the status of kingdoms, with many legal systems of various origin, nature and formulation, are beginning to show at least mixed. The king began to show an increased predisposition to a particular setting of legal uniformity as circumstances permit. It tried to grant the same privileges with different variants in some areas more or less specific. We find here three

geographical areas of legal work:

- In the Cantabrian coast, where recruitment continues to progress from the time of Alfonso VIII, were common the privileges of Benavente - based on Leon - in towns such as Motherwell or San Sebastian in places like Oyarzun and Zarautz.

"In the villages of Andalusia High :-Andújar, Sabiote, Úbeda, Baeza - is the right of Extremadura which seems more convenient for its residents. The monarch will opt for a particular language, developing a standard text which will take as its own and whose authorship is attributed to grant it individually to each of the above villas around the Jaen.

- On the banks of the Guadalquivir : here is the Liber Iudicum - and translated into romance as I judge Jurisdiction - the most used. The Visigoths ancient right now updated with rules of origin may be privileged Toledo and some other of the Extremadura be granted to cities such as Cordoba and Seville, but imposed at the time of extending a local place names more immediate reference. Examples

expansion to trial in Andalusia and Murcia kingdom of Fernando III and Alfonso X: Córdoba (F. III), Sevilla (F. III), Mule (F. III), Cartagena (F. III) Alicante (A. X), Ecija (A. X) Lorca (A. X), Murcia (A. X).

• statutory policy with Alfonso X
  

Despite the work of Fernando III, at the beginning of the reign of Alfonso X the legal range of the Crown showed too large, the old kingdom of León, with Toledo and other cities of Andalusia and Murcia already mentioned above, is governed by the Charter I judge, while in the primal Castilla and Extremadura ruled legal atomization with a wide variety of municipal statutes.

That situation and the absence of a rule that legally uniting of a growing territorial crown led to Alfonso X in developing their Charter Real famous.

The Royal Charter , known as time of King Wise Book Charter was a city law that sought to achieve legal unification of the kingdom at the expense of traditional systems. Jurisdiction In the traditional norms of living together with other reception of Roman law and issued to various villas both Leon and Castile during the years (1255-1965). However

given the pervasiveness of traditional law between Concejil and noble estates, the implementation of the new charter did not get the expected success. An example of this resistance we have in Miranda de Ebro, there, Alfonso X was forced to return shortly after the old charter of Logroño to the difficulties arising from the granting of real.

Finally one could say that Alfonso X, despite their best efforts, had to ratify the nobility all their old rights and privileges, limiting the regional law enforcement to "court cases" (cuts Zamora 1274) .

Extract from Royal Charter

• A transition
  

Despite the rejection of the kingdom to the legislative policy of Alfonso X, King Sage died, the Royal Charter underwent numerous concessions and municipal courts only.

other hand, successive monarchs gave to achieving maximum uniformity of the Crown through, as in King St., the expansion of the systems considered more complete to those now being compounded in part Charter itself Real . Ahem (Sancho IV granted the Royal Charter Arevalo, Segovia and Madrid, that of Toledo in Orihuela, the de Benavente Puebla de Muro).

However, this limited renewal of provincial jurisdictions most often limited to the introduction of variants in texts already formed, would inevitably lead to its progressive failure to govern a society in continuous evolution. So it was no wonder that the general law of the kingdom came to be covered by way of the facts and gradually, computer paper that once had belonged to the local rights.

This development will culminate in the reign of Alfonso XI with court orders of Alcalá in 1348, which recognized the privileges in effect as of this subsidiary. "... that these privileges are stored in those things that will be used"

• The ordering of

Alcalá de Alcalá 1348 The order is the culmination of an unprecedented legislative work which we find in the immediate orders of Villareal and Segovia, which, among other things trying to reorganize and clean up the services of a justice system is too heterogeneous also beginning to introduce technology to the reception of Roman-canonical law.

This arrangement results in the courts assembled in Alcalá - hence its name - in 1348 is basically a book of laws whose importance is such that even the s-XIX would still be valid. Its preparation created a commission of jurists that as we have mentioned earlier systems used sources Villareal Burgos 1346 and 1347, also influences the actual Charter, the Charter Old Castile and texts Ius commune.

With its enactment has managed to bring rationality and coherence to the law of diversity as a Crown charters, manorial customs and privileges as a result of advances made, starting to be annoying and unnecessary in an age where borders and did not need Christian many concessions. Therefore
, and correctly, under the national order was established with sources on the removed any doubt about the law to be applied by judges in lawsuits and the order should continue in the absence of the rule.

So despite that matters court used the "Law of the leys - Charter Real- and some villages have our SENNORI out" and other cities and towns "have other privileges, departing, and can deliver the atitude some lawsuits " of what question was: " certain po leys to do is rid the pleytos and strife ".

Among the features of this national law can include: the primacy of regional general for all the kingdom over the legal particularism, secondly there is a restriction in the application of municipal statutes which govern only in what not contrary to own national laws, third recognition of Roman-canon law through the acceptance of the code of the "Games", and which resulted in the king's right in the end, and finally the king recalled that he alone had the responsibility the "ius interpretandi" and "ius emendandi" of charters and laws.

• The charters after the Ordinance of Alcalá: a slow final

Despite the limitations on the privileges after the new legislation resulting in the Courts of Alcalá in 1348, they, remained an important subsidiary source general right of the Crown and therefore its use to resolve disputes (eg municipal boundaries, commons, etc) is recorded until the end of the Old Regime.

addition, the fact of their recognition gave them, regardless of its scope, a political significance that served to maintain the value that had been instrumental itself from its origins in the repopulation process. Recent Trastamaras and the Catholic Monarchs and the last stocking pose Nazari kingdom of Granada and the Canary Islands in the first instance by giving their cities the charters of Cordoba and Seville as not contrary to the laws of Alcalá. However

late XIV century this measure was soon judged insufficient, and the Crown to grant these populations 1494-1495 and Gran Canaria Granada "jurisdiction because they had not fulfilled" , text content of a programmatic nature closer to city ordinances that of the charters, however received the designation of Charter New , and the range dotándosele policy required by the Ordering of Alcalá for recognition as a subsidiary source.

latter sought leasehold movement, despite its anachronism-equip the new land brought to the Crown of a legal tradition similar to that of the remaining lands that were involved. Ultimately it was theoretically preserve the legal tradition jealously guarded by the people and recognized continuously in a purely formal act and monarchs of the ancien regime, ie part of the new political imaginary. -------------------------


Some of the literature:
Alfonso VII / Astray Recuero .-- Manuel Burgos: Edit.Olmeda, 2003 .-- 319p.: il. .-- (Crown of Spain; XIX)
Alfonso VIII / Martínez Díez .-- Burgos: Edit.Olmeda, 1995 .-- 334p.: Il. .-- (Crown of Spain; XXI)
Alfonso X / .-- Manuel Gonzalez Jimenez Burgos: Edit.Olmeda, 1999 .-- 443p.: Il. .-- (Crown of Spain; II)
Fernando III / Gonzalo Martínez Díez .-- Burgos: Edit. Olmeda, 1993 .-- 311p.: Il. .-- (Crown of Spain; I)
Alfonso XI / Sanchez-Arcilla Bernal José .-- Burgos: Edit. Olmeda, 1995 .-- 349p.: Il. .-- (Crown of Spain; V)
The medieval / José Ángel García de Cortazar .-- 1 st edition. 1988 .-- Madrid: Alianza edit., 1999 .-- 426p. .-- (History of Spain / Directed by Miguel Artola, II)