Justice of Aragon & Castilian Municipalities: A Historical Overview
Section 3: The Justice of Aragon
The Justice of Aragon, a medieval institution, was suppressed by the Nueva Planta decrees of 1707 and 1711. Resurrected by Aragon’s Statute of Autonomy, its powers, while strengthened, differ from its historical role. Current reform efforts aim to expand its scope as a regional ombudsman.
Several theories address its origin:
- The institution stemmed from the Kingdom of Aragon’s elective monarchy, where noble houses elected a chief justice before choosing the king (championed by Juan Jimenez de Cerdan and Blancas).
- It originated from the Muslim Sahib al-mazalim, or “master of injustice,” who addressed complaints against public service abuses (proposed by Julian Ribera, suggesting Aragonese kings adopted this during raids).
- It evolved from the Palace Court, documented since Alfonso I’s reign.
The Justice of Aragon had several functions:
- Served as a judicial advisor to the monarch.
- Advised the royal court (curia regis).
- Directed procedural practices.
- Addressed sentencing issues.
Aragonese nobility resisted the introduction of common law over traditional Aragonese law. The Courts of Ejea in 1265 established that the Justice should be a knight of the Aragonese gentry.
Pedro IV formalized the Justice’s functions:
- The Justice swore an oath to uphold the Aragonese charters (fueros) before the king. The Lieutenant Governor-General also swore an oath before the Justice.
- The Justice advised the Lieutenant Governor on interpreting Aragonese privileges within eight days. Neither the king nor officials could overrule the Justice’s decisions.
From 1371 to 1493, the Justice’s powers expanded, becoming a lifelong position and judge in cases involving the king. The Justice also interpreted laws and customs, prevented violations of Aragonese privileges, and judged cases against judges accused of violating Aragonese law. The Justice could remove a judge from a case and appoint two lieutenants annually (by ballot) to cover absences or illness.
Six notaries assisted the Justice. Impeaching the Justice was complex, requiring four inquisitors (one from each estate) to investigate and seventeen judges to conduct the trial.
The “manifestation” procedure allowed the Justice to protect individuals sentenced by judges who violated Aragonese law or jurisdiction. The aggrieved party could file a complaint (contrafuero) with the Justice, who then took jurisdiction. A special prison for those under the Justice’s protection was established in Zaragoza in 1461.
Section 2: Royal Power, Castilian Municipalities, and Corregidores
Initially, open councils allowed all or most residents to discuss common issues. This became impractical due to population growth, increasing municipal complexity, and royal interference. Consequently, closed councils (city halls) emerged, enjoying some autonomy.
Royal control increased through appointed judges and mayors. Municipal autonomy in León and Castile persisted until Alfonso XI replaced open councils with appointed aldermen in the 14th century.
The corregidor, a key figure, acted as the royal representative, governor, and ensured public order. Requirements included loyalty to the king, good reputation, legal knowledge (though not a formal degree), piety, and the monarch’s trust. Corregidores often came from legal, canonical, military, royal household, or gentry backgrounds. Their presence was often resented.
Those barred from the position (1348) included the insane, mute, deaf, blind, ill, those with bad reputations, slaves, clerics, and women (except the queen).
Corregidor functions included:
- Acting as a regular judge and royal delegate.
- Judging cases brought before the council of aldermen.
- Administrative duties and voting authority.
- Managing city supplies and treasury matters.
Reasons for ending a corregidor’s term included:
- Expiration of term or extensions.
- Royal dismissal.
- Monarch’s death.
- Council request for removal.
- Corregidor’s death or resignation (due to age, illness, hostility, or discredit).
Impeachment trials, involving local inquiries, were common. Aldermen, equivalent to current councilors, were appointed or positions purchased. Mayors, usually elected, acted as judges. Other officials included the merino (steward) in Castile-León, the bayle (mayor) in Navarra (managing finances), the almotacén (inspector of weights and measures), the notary, the corridor (managing municipal property sales), tax collectors, criers, executioners, officers, deheseros (pasture guards), mounted guards, and vineyard keepers.
Aldermen, initially elected, later became royally appointed. Their numbers varied, with larger Andalusian cities having twenty-four.