In the documentation of the notarial protocols for the 18th century in Burgos, the so-called secret protests appear. These are writings legally close to the notarial power in which the main parties involved in legal proceedings sought to defend their interests against the complainant. The secret protest, therefore, is a type of appeal against the complaint being brought against them through legal channels.
It cannot be said that this was a homogeneous recourse, since during the first third of the 18th century, 42.2% of the samples collected were collected, 39.2% between 1730 and 1769, and at this point they dropped radically to 18.6% between 1770 and 1799. One of the most widespread hypotheses is that this was a tool that arose due to the extreme judicialisation that affected society as a whole, and its use diminished as the Spanish justice system reduced this fact during the years around the turn of the century.
The main agent involved in secret protest was the clergy (68.2%), with the remaining 31.8% being drawn up by scribes at the request of lay individuals. As for the motives investigated using this legal circumstance, it can be perceived that they are associated with the social problems of the time. For example, compared to the 1.2% of the total represented by appeals about the amount of urban rents during the 18th century, between 1770 and 1789 this amount rises to 6.7% of the total for this period. Other secret protests appeared for reasons of inheritance distributions or access to parish benefices.
Collection: Graphics
Project: 6. Under a cloak of terror: violence and armed conflict in Europe., 7. Persecuted by justice and powers: rebels, political dissidents and criminals in the history of Europe.
Chronology: XVIII
Scope: Secondary Education, Baccalaureate, University
Link: http://www.tiemposmodernos.org/tm3/index.php/tm/article/view/1284
Resource type: Graph
Format: Bar chart
Source: Sanz, F. (2016). "La "Protexta Secreta" como herramienta documental para una historia "clandestina" en el Burgos del XVIII", en Tiempos modernos, nº 32, p. 219.
Language: Spanish
Date: 2016
Owner: Roberto José Alcalde López (Modernalia)
Copyright: ©Tiempos Modernos ©Francisco Sanz de la Higuera
Abstract: Graphic depicting secret protests, a type of power of attorney in which those involved attempted to defend themselves legally in Burgos during the 18th century
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