[450] Consult Marina, Ensayo, p. 19.
[451] Ibid., pp. 23, 24.
[452] The Avilés document is regarded by all who have noticed it as of great importance for the earliest history of the Castilian. It is first mentioned, I believe, by Father Risco, in his “Historia de la Ciudad y Corte de Leon” (Madrid, 1793, 4to, Tom. I. pp. 252, 253); and next by Marina, in his “Ensayo” (Memorias de la Acad. de Historia, Tom. IV., 1805, p. 33);—both competent witnesses, and both entirely satisfied that it is genuine. Risco, however, printed no part of it, and Marina published only a few extracts. But in the “Revista de Madrid,” (Segunda Epoca, Tom. VII. pp. 267-322,) it is published entire, as part of an interesting discussion concerning the old codes of the country, by Don Rafael Gonzalez Llanos, a man of learning and a native of Avilés, who seems to have a strong love for the place of his birth and to be familiar with its antiquities.
The document in question belongs to the class of instruments sometimes called “Privilegios,” and sometimes “Foros,” or “Fueros” (see, ante, Vol. I. p. 47, note 28); but where, as in this case, the authority of the instrument is restricted to a single town or city, it is more properly called “Carta Puebla,” or municipal charter. This Carta Puebla of Avilés contains a royal grant of rights and immunities to the several citizens, as well as to the whole municipality, and involves whatever regarded the property, business, and franchises of all whom it was intended to protect. Charters, which were so important to the welfare of many persons, but which still rested on the arbitrary authority of the crown, were, as we have previously said, (Vol. I. p. 47, note 27,) confirmed by succeeding sovereigns, as often as their confirmation could conveniently be procured by the communities so deeply interested in their preservation.
The Carta Puebla of Avilés was originally granted by Alfonso VI., who reigned from 1073 to 1109. It was, no doubt, written in such Latin as was then used; and in 1274 it was formally made known to Alfonso the Wise, that it had been burnt during the attack on that city by his son Sancho. The original, therefore, is lost, and we know how it was lost.
What we possess is the translation of this Carta Puebla, made when it was confirmed by Alfonso VII., A. D. 1155. It is still preserved in the archives of the city of Avilés, on the original parchment, consisting of two skins sewed together,—the two united being about four feet and eleven inches long, and about nineteen inches wide. It bears the known seal of Alfonso VII., and the original signatures of several persons who were bound to sign it with him, and several subsequent confirmations, scattered over five centuries. (See Revista, ut sup., pp. 329, 330.) So that in all respects, including the coarseness of the parchment, the handwriting, and the language, it announces its own genuineness with as much certainty as any document of its age. As printed, it fills about twelve pages in octavo, and enables us to judge somewhat of the state of the Castilian at the time it was written.
After a caption or enrolment in bad Latin, it opens with these words:—
“Estos sunt los foros que deu el rey D. Alfonso ad Abilies cuando la poblou par foro Sancti Facundi et otorgo lo emperador. Em primo, per solar pinder, I solido a lo reu et II denarios a lo saion, é cada ano un sólido en censo per lo solar: é qui lo vender, de I solido á lo rai, é quil comparar dará II denarios a lo saion,” etc. p. 267.
A part of one of its important regulations is as follows:—“Toth homine qui populador for ela villa del rey, de quant aver qui ser aver, si aver como heredat, dè fer en toth suo placer de vender o de dar, et á quen lo donar que sedeat stabile si filio non aver, et si filio aver del, delo á mano illo quis quiser é fur placer, que non deserede de toto, et si toto lo deseredar, toto lo perdan aquellos á quen lo der.” Revista, p. 315.
Its concluding provisions are in these words:—“Duos homines cum armas derumpent casa, et de rotura de orta serrada, LX. sólidos al don de la orta, el medio al rei, é medio al don dela.—Homines populatores de Abilies, non dent portage ni rivage, desde la mar ata Leon.” Ibid., p. 322.