Navarre and the Indies: Law and Power in the Late Middle Ages
Kingdom of Navarre
Legal and Political Dynamics
The Kingdom of Navarre shared legal and political connections with Aragon. Both kingdoms experienced the expansive influence of municipalities like Pamplona. Upon ascending the throne in 1234, King Theobald I swore to uphold Navarre’s privileges and customs. However, disagreements soon arose between the monarchy and the nobility regarding the balance of power. Understanding the content of these early charters is crucial for analyzing the reciprocal obligations between the king and his subjects.
In 1338, a committee of nobles, knights, clergy, and the monarch, chaired by the Bishop of Pamplona, drafted the Antique Jurisdiction. This compilation of twelve documents, prefaced by a discussion of the Muslim invasion of Spain, addressed tensions between the nobility and the monarchy. The Antique Jurisdiction formed the basis of Navarre’s general jurisdiction, supplemented by new charters and rules throughout the 14th century.
The authorship of the General Jurisdiction of Navarre remains unknown. It is believed to have been compiled by a private lawyer familiar with Navarrese law. Local charters, such as those of Estella and Pamplona, remained in force alongside the General Jurisdiction, often containing similar content. Legislative activity in Navarre during the late Middle Ages was limited, with the king issuing unilateral provisions and collaborating with the Courts on other matters.
The Role of the Courts
Unlike Aragon, where the Courts played a significant legislative role, Navarre’s Courts primarily served as a consultative body for the monarch. However, a political pact existed in Navarre, emphasizing law as an agreement between the king and the kingdom. Kings swore to uphold and improve existing charters upon their ascension to the throne. This pact aimed to protect Navarre’s traditional rights, especially under foreign dynasties, by ensuring respect for indigenous law.
Key consequences of this pact included:
- The monarch could not unilaterally change the charters without the concurrence of the Courts.
- Changes to privileges must always be for the better.
From the 14th century onward, the General Jurisdiction of Navarre became the definitive legal text, with only minor amendments, known as Enhancements, made on two occasions: under Philip III in 1330 and Charles III in 1410.
Influence of Common Law
While Navarre largely resisted the full reception of common law, it experienced early influence through two channels:
- The Church, particularly the Bishops of Pamplona, with their foreign education and contacts.
- The Royal Court, comprised of lawyers trained in French and Italian universities.
Common law principles entered Navarrese legal practice through judicial decisions, filling gaps in traditional law. This practice was confirmed by the Courts of Pamplona in 1576, establishing common law as supplementary to indigenous law.
Other Legal Traditions
Islamic Law
In Islamic legal systems, the principle of Ijma (consensus) plays a significant role, based on the belief that the Muslim community cannot err. Ijma draws upon extra-Quranic texts and the customs of holy cities. When consensus is lacking, legal scholars (fuqaha) offer opinions (fatwas) based on legal texts and precedents. This process contributes to the popularization of law.
Valencia
Legislation in the Kingdom of Valencia consisted of charters and acts of court. Charters resulted from agreements between the king and the three estates represented in Parliament. Acts of court were rules produced at the request of one or two estates with the king’s acceptance, binding only on the consenting estates.
Social and Economic Structures
The Peasantry
The non-privileged stratum of Navarrese society consisted primarily of farmers. Among them were freeholders who gained ownership through cultivation (akin to adverse possession). Two types of land acquisition existed:
- Spontaneous or free stocking, leading to small, independent landholders.
- Official recruitment by kings and nobles, creating estates with dependent subjects.
Indian Law (The Discovery of America)
Following Columbus’s discovery of America in 1492, the lands were incorporated into the Castilian crown. Pope Alexander VI issued papal bulls granting Castile dominion over these newly discovered territories:
- Inter Caetera (May 3, 1493): Granted dominion over discovered lands not under Christian rule.
- Inter Caetera (May 4, 1493): Established a line of demarcation between Spanish and Portuguese domains.
- Eximiae Devotionis (May 3, 1493): Granted Castile the same privileges enjoyed by Portugal.
- Dudum Siquidem (September 25, 1493): Papal ratification.
The justification for papal grants rested on the medieval theory of the Pope as dominus mundi, with authority to grant lands of infidels to Christian princes for evangelization. Bartolomé de las Casas argued against this, asserting the Indians’ ownership of the land.
Castilian Control and its Implications
Several factors contributed to Castile’s control over the Indies:
- Geographic focus: Castile’s expansion historically centered on the Atlantic.
- Papal bulls: Specifically designated Castile as the recipient.
- Political expediency: Castile’s governmental system was more suited to expansion.
The incorporation of the Indies into Castile resulted in:
- Indians being treated as Castilian vassals.
- Transplantation of Castilian institutions.
- Implementation of Castilian law, which often required adaptation to new situations.
Regulating relations between indigenous populations and Spanish settlers proved challenging due to indigenous resistance and settlers’ self-interest. Castilian authorities often resorted to case-by-case legal solutions.