Reconquista had been accomplished. The Moors—and while the victors were at it, the Jews and the Gypsies—had all been driven out of Spain. Los reyes Católicos , the Catholic monarchs, Ferdinand of Aragón and Isabella of Castile, had forcibly fused a huge country, taking control of every kingdom and fiefdom on the Iberian peninsula except Portugal and the Basque Kingdom of Navarra.
Basques, in search of wealth and nobility, had fought for los reyes Católicos against other Basques to take Guipúzcoa, Vizcaya, and Alava. In exchange, Ferdinand had promised the Basques that up to the Ebro, their ancient laws, the Fueros, were to be respected. Throughout their history, the Basques have been willing to compromise their independence as long as they could have self-rule by their traditional laws. Like the language, the laws are an essential part of Basque identity. For unknown numbers of centuries, these laws were based on custom and, unlike Roman law, had no formal code. In the twelfth century these traditions were, for the first time, written into a legal code. The Spanish language was used because Spanish was thought of as the language of legal codes, and they became known as the Fueros , a Spanish word meaning “codified local customs.” Many other parts of Iberia, including Castile, had fueros, but nowhere were they as extensive or as revered as in Navarra and the Basque provinces.
The first article of the Fueros of Navarra states that the Fueros are “customs and practices, written and non-written,” that guarantee “justice to the poor as to the rich.” They comprised both commercial and criminal law, addressing a wide range of subjects, including the purity of cider, the exploitation of minerals, the laws of inheritance, the administration of farmland, crimes and punishments, and a notably more progressive view of human rights than was recognized in Castilian law.
A Basque assembly, the Juntas Generales, met under an oak tree at Guernica, to legislate and rule on Foral law. The meetings predate the written code. Meeting-oaks had been established in several Vizcayan towns but the Guernica sessions, which lasted two or three weeks, became dominant. Local assemblies sent elected representatives to Guernica and trumpets were sounded and bonfires lit on the nearby mountaintops. By tradition, a representative from Bermeo was the first to be heard. At the end of the session, a fourteen-man ruling body was chosen by lot to govern until the next meeting. Once Vizcaya was tied to Castile, a representative of the King of Castile came to each meeting to swear that the authority of the Fueros would be respected.
Ferdinand understood the importance Basques attached to their laws and customs because the other region that came closest to Basques in its reverence for its own Fueros was his native Aragón. Not all Aragónese shared his enthusiasm for merging with Castile to build a superpower, and he had calmed them by promises of limited self-rule. In time, Ferdinand reasoned correctly, the Aragónese movement, once pacified, would fade, and he probably made the mistake of thinking the same would happen with the Basques.
Among the privileges that came to the Basques with recognition of the Fueros were exemption from direct taxation by Castile, exemption from import duties, and exemption from military service outside their own province. When Castile wanted Basque taxes, it had to negotiate the amount with the Basque government, which would then raise the agreed-upon sum from its own population. If the Castilians wished to have a Basque army or navy to use beyond the defense of Basqueland, the monarchs had to negotiate with Basques to raise an army or navy, usually in exchange for fees and privileges.
The Basques have little tradition of aristocracy—none outside of Navarra. In the Fuero General , the first written Basque code set down in 1155, there is only one reference to lords and vassals: “The Navarrese are to serve