Effects of conquests on the legal system

Conclusive written Navarre lawyer, Thomas Urzainqui.
The beginning of the legal reduce
The Fuero Navarre San Sebastian after the conquest of Castile, is confirmed by
Alfonso VIII in Burgos on 6 August 1202, substantially the resolution holds
Same content that will later record confirmation of the Jurisdiction of the City of
Pamplona after the invasion, issued by King Ferdinand of Aragon and Castile governor,
Burgos also dated 4 August 1512. In both provisions, and other
Similar are the true origins of the so-called regionalism and its tax system,
As a waste of one’s own sovereignty, not on assumptions fabricated for political pacts
Justify the unequal political relationship between the State and dominated the dominator.
Previously at 1,076 on the death of Sancho IV of the Peñalen, tenente Eneko Lupiz Navarre, Lope Iñiguez his son and father-in-law of this Diego Alvarez, treacherously surrendered to Alfonso VI Castilla strengths Montes de Oca and La Rioja West, obtaining in exchange and the lordship Jurisdiction in part of these lands, whence arise Lopez de Aro. In 1,170, Again, Alfonso VIII of Castile handed fiefdom in the city court and noble Navarre Belorado of a Spanish nobleman which resulted in the impoverishment of the city, abandoning Merchants and money changers and emptying of the Jewish quarter. These cases are repeated in all Navarre western cities after the Spanish conquests were handed over to lofty In payment for their assistance in the military campaigns of invasion.
Hence the big difference between the ownership of land by local communities and
Fief on jurisdictional populations, imposed by Castilla in the occupied territories
Navarre. The same happened in the occupation of the land by military orders
Feudal, in the service of policy Castilian kings and Aragon in Barcelona -
Navarre Iberian system.
It cercenó the cusp of sovereignty
The conquest of the year 1,512 of the Upper and Lower Navarre, and previously reduced by the Corona de Castilla on 1200 1460, represents a profound transformation of the legal system, Reaching both to the institutions of public law and the private. On one hand,
Cercenó “manu militari” the height of the sovereignty of the legal system to replace it with Navarre The king of Castile, whose legislative policy always tried to impose through a viceroy Delegate, a Royal Council “reorganized” and infiltrated, a court Mayor and a House of Comptos controlled Castilians, the presence of the Inquisition and the Spanish army Occupation; being representative bodies: the courts, municipalities and towns or
Neighborhoods, minorados and on the defensive.
The new “status quo” policy, which imposes the King of Castile, resulting in social policy
Hibernation for the sovereignty of Navarre, to be subjected to a king of another state that
Impose its sovereignty, its legal system and its laws, the introduction of a counter -
Legal based on the strengthening and empowerment in the style of Spanish society
Class, senior officials and foreigners standing army, privileges for the
Nobility, in the field of taxation and in practice reduce the legal and blocking the
Development and regulatory evolution of the legal system itself.
The legal counter
The conquest of 1512 paralysed the process of modernization of the legal system that was
Underway, which led to a profound reversal in the reforms already consolidated, impeding its progress and realizing a real and reduce the counter,
Involved, as we shall see, tight control of Spanish, as well as the insertion of privileges
Modern Age feudal in full and in many cases until late in the Age Contemporary.
This counter started with the capitulation of Pamplona on July 24, 1512, which
Looking for the rapid brutal subjugation through threats and at the same time promises
That nothing would change, just under that Najera at 1,076 and 1,202 in San Sebastian. What That did not happen again, because as the power was settling Spanish institutions
Legal were subjected to a profound transformation and reduce the.
The reduced duty Reduce, in the dictionary Espasa, has the following meanings: to hold obedience to the Unruly, persuade or attract reason, moderation, arranged in the way of life or Bearing, settled for serious reasons to do one thing. While also wanted
Understand as collected or compiled. In short, reduced mainly has a meaning of
Subjected, controlled, restrained, reporting, according to the mentality of the era, this is the Condition that fits with the Fuero Reduced.
However, the reality of that legal text adopted after the conquest by the Courts
Navarre, but not enacted by the Spanish kings, which has always had a very high
Valuation for its quality legal and be a reflection of national law Navarre. Although it
Written in Spanish, removing the romance of Navarre and all the words I had in Basque
The Fuero General, his substance never liked the imperial Castile.
Reading the proemio del Fuero Reduced we remove doubts about what was meant in
Navarre by the prominence and real authority, which is so different from Castile and that was what they Produced both disgust: “constituted by the former kings found that those who were more Fair … “” needed to be fairer, more excellent than others under it
Chose “to which they were not provided if demand great treasures, or whether conquistasen Many states … After which many without regard desaforadamente run. “
Chapter I said: “As the kings should be elected.” “It was established by a Fuero
Navarre, to choose and raise king … “All this was impossible to swallow for spirits
Redomadamente absolutist and authoritarian.
The lawyer Juan Jose Otamendi, said that “the Fuero Reduced was more than a
Collection regulations; had a vital political background, pretending safeguarding
Law Foral attractive compared to a common law imposed by pugnaba. For
That same refused kings (Spanish) repeatedly punished. “
Mercedes Galan Lorda notes the existence of a fifth manuscript del Fuero Reduced
Showing significant changes with respect to other individuals, for-obviously
Adapt to the demands of the crown of Castile, as well, “in the form of the oath
Mutually become King and the Kingdom is mentioned joining Castile, and that the deal
Of the composition of the Court of the Kingdom Mayor omitted any reference to the mayors (Judges) of the same nature are in the Kingdom. “
Clash between Navarre and the Spanish Constitution
The Council of Castile dated April 24, 1533, after reading the Fuero Reduced,
Charles V advised that the laws of that Fuero some doubts as regards
To the “real prominence and authority.” Therefore the actual card through May 8, 1536
Charles V said that he refuses to sign “because it is appropriate to amend some laws him and Do other again. ” Once again on 16 April 1538 was carried by his advisers to Charles V “doubts that touch the real prominence and authority were sent last time,
Which even took off some. “
Systematic violations of the law and disregard Navarre
The Spanish viceroy Vespasian Gonzaga sent the following report to King Philip II against
Representative of the Parliament of Navarre, Pedro de Ollacarizqueta: “I understand that not desirable It was to anger V.M. With this and other business very impertinent “the lawyer that sends This Kingdom is a devil crouched and will importunating on Jurisdiction, which does not fit in the Corona de Castilla which is authorized and print and which has the force of law unless it cercenasen
Removing some of the chapters “person is cavilosa and brother of a judge to be found in
Council “which is a Miguel de Ollacarizqueta, whom I have indicated in the list that I sent,
Impassioned by the House Vandome (the legitimate King of Navarre), I say
Although I have not found that in Roncesvalles, when he came Vandome,
Accompanying the Queen Ms Elizabeth, which is in Heaven, being mayor of this Court, you Kissed the hand with others who are in this city, for whom the present governing the Regent, Because as has no letters, just grammar, and the Ollacarizqueta has very good, it
Arrima their views “would not inconvenience the earliest possible write SM
Mandándome that seeks arrest him because they intend to use him in the Kingdom. “
On 14 April 1574, the Viceroy informed Philip II not to “over to the Kingdom of what
Agreed to serve S.M. And usefulness of the Corona de Castilla. ” It hurts that its “
Real would like to prominence absorb. ” Prevents also against “Martin Sancho as
Amotinador of past cuts. ” In 1,576 graduates Olano informed Courts
Navarre on the complaint that made their representatives in Madrid (Otazu, Ollacarizqueta …)
“Kingdom that, as principal and being old and having served both MPA, which is not in scope So many years what the most dastardly village of Castile reaches as many times as they asked. “
The legal consuetudinización
The record of unilateral incorporation by Fernando “Catholic”, Administrator of the Kingdom of
Castilla, on 7 July 1515, “ordered that the things tocasen to cities and towns and
Places in the kingdom of Navarre and said neighbors of them now know from the
Council (Castilla) from the Queen said Ms Jeanne, our lady, and to administer justice
Of these towns, villages and places of this kingdom and the neighbours to them that they
Viniesen to seek from here forward, keeping the privileges and customs of this kingdom. “
In other words, From the outset made it clear that after the conquest is of Castile who governs Truth.
The visitors generally Inquisidores Castilians, (Valdes, Avellaneda, Fonseca, Castillo
Etc.). Developed the so-called “Laws visit” on the other hand were never considered by
Courts of Navarre as Laws of the kingdom.
Louis XIII of France at the head of a major military expedition came in Pau on 15
October 1620. The 19 decided that since and before the Reformation as the bishop of
Lescar direct the discussion of the States of Bearne.
Since 1,620, when Louis XIII decreed that the union to France, to 1,789, States
General Navarre constantly seek the restoration of the Kingdom. In 1,683 agreed
That “the kingdom of Navarre and France are different, different from each other, each of them  Must be governed by its laws without the core of a subject to the
Other. “
However, Navarre and Bearne with their Fueros, were not treated as more than a few
Provinces or kingdoms of the monarchies French and Spanish provinces and kingdoms that were made to a residual sovereignty consuetudinizada in practice political, administrative and
Court.

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