The kings had long been surrounded by a body of nobles and prelates called the Consejo Real, or Royal Council, which advised them in matters of government, or sat as the Cort, or supreme court, in appeals from lower jurisdictions, but its membership and functions had not been very clearly established, for it dealt indiscriminately with any subject upon which the king might want advice. One important reform was the introduction of representatives of the popular element in this body. Different kings, from Sancho IV on, decreed that a certain number of the council should be “good men,”—or members of the untitled, secular class,—although the practice did not become fixed. A law of Juan I in 1385 provided that the council should be composed of twelve men, of whom four should be plebeians. Two years later it was required that the last-named should be letrados,—that is, men learned in the law,—and shortly afterward they began to be called oidores (hearers of cases). Juan II divided the council into two bodies, one of government, the other of justice. It was not until the time of Ferdinand and Isabella, however, that the Consejo Real acquired real stability.
The hierarchy of officialdom.
There were important developments, too, in the general administrative and judicial hierarchy, although with a mixture of the two functions. The hierarchy of officialdom, from the lowest grade to the highest, with especial regard to comparative judicial authority, ran from the alcaldes of the towns through merinos mayores or the adelantados, the alcalde del rey (royal alcalde) of the court, and the adelantado mayor (or chief justice of Castile) to the king himself. In some jurisdictions cases in first instance came before alcaldes del rey (different from the above-named) with an appeal to merinos menores[43] and merinos mayores, or directly to the latter, and thence upward. The merinos menores limited themselves to jurisdiction in certain criminal cases. The merinos mayores were, like the adelantados, governors of large districts as well as judges in cases of appeal, for which latter purpose they were assisted by men acquainted with the law. They took the place of many of the former adelantados. The adelantado mayor also had administrative functions, as the superior of the merinos and other officials below him. Alfonso X employed the old term, cort, in the new and more restricted sense of a royal judicial tribunal which acted for the king. In later reigns this came to be known as the chancillería (chancery), or audiencia,[44]—which latter name was eventually transmitted to the Americas for bodies exercising similar functions.
Diversity of jurisdictions and tendencies toward centralization.
Despite appearances, uniformity and order in the administrative and judicial organization were far from being completely established. Not only was there a great variety of jurisdictions, but there was also a great diversity in the law, for one region would differ radically from another. The towns, nobles, clergy, universities, and the great corporation of stock-raisers (the Mesta) all had officials of their own and exemption from royal jurisdiction. At the same time, great hermandades, or leagues of cities, were formed for the maintenance of public security against highwaymen or other disturbing elements, since royal activity in this regard left much to be desired, and these also had their separate jurisdictions.[45] The current toward centralization was very strong, however, being aided by the education in the Roman law of the letrados, whom the king employed as his officials (for these men were pronouncedly monarchical in sentiment), and by the increase in powers to which the adelantados and merinos mayores were attaining at the expense of the semi-independent elements. The successors of Alfonso X, especially Alfonso XI, furthered this policy of centralization. Royal judges began to appear in the towns, either taking the place of the formerly elected officials, or acting concurrently with them, for the kings took advantage of one pretext or another to make an opening for their own appointees. Another important reform was the division of the audiencia into two sections, one of which remained in Segovia, while the other went on circuit for brief periods in Andalusia. Under Juan II there appeared in the audiencia the official known as the fiscal, who at this time was a royal prosecuting attorney, but who later was to become one of the most important all-round administrative officials in Spanish and Spanish colonial government. As an example, too, of the extension of royal jurisdiction may be mentioned the so-called recourse of fuerza in cases of usurpation (by force,—hence fuerza) of lands or jurisdiction by the clergy. The trial of these cases was ordered to be held in the royal courts.
Judicial procedure.
Punishments for crime continued to be atrocious, and torture was still employed, but only in the case of persons of bad reputation or when the accused bore the evidences of crime. Privilege still obtained to modify the punishment of the upper classes. A very notable reform was the introduction of the pesquisa, or inquisitorial investigation, for the bringing of an indictment, or accusation, of crime. Formerly the state had intervened when one individual charged another with crime, a process which resulted to the detriment of the weak, who would not dare to accuse the more powerful. The pesquisa not only introduced the grand jury function of an accusation by the state, without necessarily involving any individual accusers, but it also made crime partake more of the nature of a public offence than of a mere infringement of individual rights. The vulgar proofs, with one exception, were abolished, and the importance of written documents and the testimony of witnesses became more generally recognized. This also caused the rise of the lawyers, who, after a lapse of centuries, began again to be a noteworthy element in judicial affairs. The riepto, or duel, a special form of the wager of battle, was the only one of the vulgar proofs to remain in existence. This was a special privilege enjoyed only by those of noble blood. The duel was hedged in by a number of rules, one of which was that it must take place in the presence of the king. If the challenger were killed, the innocence of his opponent was proclaimed, but if the latter were killed, still protesting innocence, he was in this case, too, declared guiltless. The challenger could win by defeating his opponent without killing him, in which event the latter was banished, and half of his goods were granted to the king.
The new system of taxation.
Although the expenses of the state were greater than formerly, the income was also greater. Many new forms of taxation were introduced: the royal monopolies on salt and mines; the alcabala, or tax on sales, which first became general in the reign of Alfonso XI; stamp taxes; and the consumo, or tax on all merchandise entering the city. These taxes fell upon goods or upon acts of individuals in connection with the state (as distinguished from the king) differing radically from the services of a feudal character, with a multitude of exceptions and privileges, which had formerly been the basis of the public income. Owing to the turbulence of the era and the excessive alienation of public wealth by grants of the kings to the nobles, receipts did not equal the royal needs, and resort was had frequently to loans, debasement of the coinage, and arbitrary confiscations of property. Even under the new system of taxation the nobles and clergy very rarely had to pay any of the numerous taxes, and privileges and exemptions were granted, much as before. Nevertheless, the methods employed contained the germ of a sound financial system, which was to develop in succeeding centuries. The collection of taxes was rented out as formerly, being given in charge usually of Mudéjares, Jews, or Marranos. Complaints against these collectors were so insistent that at one time churchmen were substituted for them,—without diminishing the complaints, for the fault lay in the system. There were royal financial officials for receiving the funds and examining accounts, but no organized treasury department was as yet developed.
The army and navy.