Evolution and Functions of Spanish Courts in the Modern Age
Courts in Modern Spain
1. Introduction: European Representative Institutions
Representation in European courts varied significantly. While royal power grew from the 15th century, limiting the influence of estates, England saw parliamentary power increase, culminating in the 1688 Bill of Rights. In the German Empire, the Diet retained power, preventing imperial centralization. Sweden’s Risdag and Poland’s Sejm also held considerable authority, often challenging the monarch. Venice’s republic vested power in its Grand Council, with the Doge as a symbolic figurehead.
2. Evolution and Functions of Courts in the Hispanic Monarchy
The Hispanic Monarchy’s courts evolved differently across its realms. In Castile, royal power grew, diminishing the Cortes’ political influence. However, the Crown of Aragon’s courts retained power despite royal absolutism, notably the disentiment right in Aragon, requiring unanimous agreement to royal proposals.
The courts’ functions included:
– 1. Swearing allegiance to the new king.
– 2. Enacting legislation, alongside royal decrees.
– 3. Approving tax contributions.
– 4. Limited judicial functions.
In Aragon, the king swore to uphold the privileges of the Aragonese Union, ensuring annual Cortes meetings in Zaragoza.
3. The Castilian Cortes
Despite absolutism, the Castilian Cortes met 53 times between 1497 and 1660. However, after 1538, only the cities’ arm was represented, diminishing the Cortes’ political role. Attorneys gained benefits, but their influence waned. In 1632, Philip IV curtailed their autonomy, requiring predetermined votes. The Cortes declined under Charles II, meeting only once to swear in the new king.
In the 18th century, the Castilian Cortes became a national court, incorporating representatives from Aragon, Valencia, and Catalonia after the Nueva Planta decrees. They met only five times, primarily to acknowledge the monarch.
4. The Cortes of Aragon
Aragon’s courts retained all arms: nobility, clergy, and cities. They met less frequently than Castile’s but were more assertive against royal encroachment. They resisted the Inquisition’s introduction and the Union de Armas proposal. In 1592, Philip II abolished the dissenting Nemine right, allowing majority decisions. The Nueva Planta decree abolished Aragon’s courts, integrating representatives into the Castilian Cortes.
5. The Cortes of Navarre
Navarre, annexed in 1512, retained its courts with three arms: church, nobility, and people. The Viceroy presided, addressing grievances before approving taxes. In the 18th century, the monarchy limited the courts’ autonomy, reducing their role to filing grievances without corrective power.