Cortes

Cortes, a representative assembly, or parliament, of the medieval Iberian kingdoms and, in modern times, the national legislature of Spain and of Portugal.

The Cortes developed in the Middle Ages when elected representatives of the free municipalities acquired the right to take part in the deliberations of the Curia Regis (Latin: “King’s Court”) on certain matters. They were admitted because of the crown’s need for financial aid beyond that provided by its customary levies and because of the crown’s lack of legal right to impose extra taxation without the consent of the municipalities.

In both Leon and Castile the Cortes were in existence by the early 13th century. Their functions and procedures were similar, and, after the union of the two crowns in 1230, they often held joint meetings—a normal procedure after 1301. Parliaments also functioned in Catalonia from 1218, Valencia (1283), Aragon (1274), and Navarre (1300). The Cortes of Leon and Castile were composed of three estates: nobles, clergy, and the procuradores (attorneys or town clerks) of the concejos (fortified municipalities), who bore poderes (written instructions) from their electors. The king convened the Cortes’ meetings when and where he pleased. During the 14th century the procuradores dominated the Cortes because only they could authorize the special taxation needed by the crown. The meetings consisted of negotiations, not true debates.

In Castile, after the failed revolt of the townsmen known as comuneros (1520–21), the hidalgos (lower nobility) were the only surviving force in the Cortes, and even they ceased to exercise much real power. In Portugal the Cortes ratified the succession of the House of Avis (1385) and of Philip II (1580) and was active after the restoration of independence (1640). But in Spain the Cortes of Catalonia did not meet after the revolt of 1640; nor did that of Valencia after 1645 or that of Castile after 1685. In 1709 the Cortes of Aragon and Valencia were merged with that of Castile, as was that of Catalonia in 1724, though the meetings were held solely to recognize the heir to the crown. In the 18th century Portugal’s Cortes did not meet at all.

In 1812 the Spanish Cortes met at Cádiz and adopted the first liberal constitution. Although it was overthrown in 1814, the Cortes was restored in 1820 and was adopted by Portugal in the same year. In both countries the word was henceforth applied to the national parliament.

During the reign of Francisco Franco, the name Cortes Españolas (“Spanish Courts”) was used from 1942 for the rubber-stamp, nondemocratic legislature. Following the transition to democracy in the 1970s, the official name of the legislature was changed to Cortes Generales (“General Courts”).