El mantenimiento del orden en francia y en castilla bajo la monarquía absoluta prévôté des maréchaux y hermandades

Abstract

This is a comparison of two institutions (prévôté des maréchaux in France and fraternities in Castile) whose duty was keeping peace and security in the countryside. The fraternities are municipal foundations, which emerged during the Late Middle Ages to remedy the inadequacies of the royal power. Three big fraternities (called old fraternities) were kept until the turn of the 19^th century. A new fraternity, close to the first three but under the rule of the royal power, emerged at the end of the XV century. The maréchaussée, a more recent one (XVI century), is a sheer royal foundation. To accomplish its mission, under absolute monarchy, these institutions had a police personnel and a criminal competence in banditry. They are extraordinary jurisdictions, as well as jurisdictions without true jurists, which are controlled by royal justice of common law. The variety of control means established for them gives evidence of their difference in statute. The maréchaussée, a state foundation, is a true, delegated jurisdiction, whereas the fraternities, survivors of the ancient power of the cities, keep a relative independence while actively participating in a mission of public order: keeping the peace.