“Por la autoridad de los ministros”: observaciones sobre los letrados en una alegación de Juan Bautista Larrea (primera mitad del siglo XVII)

Abstract

In this work we examine some aspects of the political dinamic of the Spanish kingdom during the Tirites of the XVII century, as they are reflected in the activity and in the texts of Juan Bautista Larrea (1589-1645), jurist, judge and later counsellor during the valimiento of the Count-Duke of Olivares. The experience of Larrea reflects the function of letrados (spanish lawmen and judges) in this phase, the path that many of them followed and the ties of interest and colaboration that they kept with Olivares, who caracterized his government by reformer and, at the same time, authoritarian policy. We will reflect on the way in which acted persons which, although had kept relevant power in the government and in the justice administration system, didn’t reach up to the top. During the first part of the reign of Philip IV, the activity of these letrados was characterized, in a first phase, by an high adhesion to the objectivies of reform an by an important pression to introduce changes. Later, otherwise, due to a lot of unsuccesses, it was characterized by a progressive neglect of the perspectives of reform. The relationship between the political activity of the letrados and the justice administration has been studied analysing an allegatio of Juan Bautista Larrea. This text was due to a case in which a judge was calumniated and arrived close to loose his professional position and even his life, before that he could demostrate to be innocent. Two versions of this text are avialables. One, in spanish, is entitled Por la autoridad de los ministros a Su Magestad; the other, in latin, is inserted as a part of Allegationes Fiscales, one of the most important juridical works of Larrea (Lugduni, 1642-1645, 2 vols.). Starting from the defense of the calumniated man, Larrea reflects about the function of letrados in the political system, basing his opinion on political and juridical tractises. The deep analysis of the text, in which the analysis of his references to the political and juridical tractises has been included, shows a vital and dynamic relationship between the king and his letrados, made of colaboration and disputes, of claims and exchanges. Larrea thought that this relationship should be based on reciprocal trusts and on the King’s public acceptance of the political, economic and social rule of the letrados. If not, the complete monarchical system could collapse.