The origin of the charter institutions

As we saw, in the Early Middle Ages, Gipuzkoa was organised into valleys, as small districts composed of groups of hamlets and lands where the population lived more or less spread out: The Land of Gipuzkoa. It is possible to appreciate a social structure headed by the members of the dominant lineages or 'sons of', under whom there were the villani, men depending on the king or the nobles.

Although there were partial juntas formed by the Gipuzkoa villas in the 14th century, those held in Getaria in 1397 mark a before and after in the political structure which became the Province of Gipuzkoa.

The Hermandades Constitution already existed at the end of the 13th century, but it did not include all of the Gipuzkoa villas, nor did it cover them exclusively. The Hermandad de las Marismas of 1296 was based on fomenting coastal trade and was made up of Vitoria, Santander, Laredo, Castro Urdiales and Bermeo. There were associations set up on the frontier among various Navarra, Álava and Gipuzcoa villas to protect themselves against bandits in 1329, but they were established for specific tasks and were not permanent. However, during the 14th century, the establishment of various associations to confront the violence caused by the faction fighting in due course gave rise to a new and different political structure. Although there are already various mentions in royal documents between 1362 and 1370 of the “Hermandad de la Tierra de Gipuzkoa” (Gipuzcoa Association), it was in 1375 in Tolosa when the first provincial association was established. Since then, and in order to confront violence in Gipuzkoa, mayors included in the association had special powers to act in any part of Gipuzkoa to investigate any complaints and hand out sentences without appeal.

It was Getaria Junta on July 6 1397 that pulled together for the first time all of the important and privileged groups in Gipuzkoa (villas and Major Mayoralties) with the aim of proclaiming a  Gipuzkoa General Association. Presided over by the magistrate Gonzalo Moro (an indication of the royal interest in these political developments) the decisions taken in that Junta were recorded in the first book of Provincial Ordinances which were expanded and strengthened during later years (1415, 1457, 1463). It is interesting to note the presence of the Major Mayoralties, implying recognition to some extent of the sway the Parientes Mayors (clan leaders) such as the Lord of Lazcano, still held in Gipuzcoa, because it was in these Mayoralties, which were not villas with fueros (bills of rights)  where their real power lay. Nevertheless, their presence did not prevent the Getaria Junta from taking measures to rein in factional violence.

The alliance of towns that came into being with the General Brotherhood made progress by seeking out the chance to set up permanent collective institutions with its organisation and skills: the General Councils.

This process of organising and articulating the Province took place from the end of the 14th century and throughout the 15th century. This is supported by the Brotherhood Books of Bylaws (Book of Bylaws from 1397, Book of Bylaws from 1415, Book of Bylaws from 1453, Book of Bylaws from 1457, Book of Bylaws from 1463 and Book of Bylaws from 1482). The Brotherhood Books of Bylaws from 1457 and 1463 made the largest contribution to defining the characteristics of this institution whose main focus was no longer cracking down on criminals but organising the Territory and the Brotherhood itself. In this period, the Brotherhood was in charge of copying out the books of legal regulations affecting them, including the 'Libro de los Bollones' (1481-1505), drawn up by Domenjón González de Andía, first scribe of the Province. All these documents are kept in the Gipuzkoa General Archive (Tolosa).

The Gipuzkoa Brotherhood's relationship with the Castilian Crown over this period is primordial and its backing can be appreciated in the prohibitions on the opposing families in towns such as Azkoitia , Arrasate or Bergara and the proclamation of the Province as Noble and Loyal in 1466, by Enrique IV. Gipuzkoa was also correct in the dynastic war as it fought on Isabel's side in exchange for the confirmation of its own laws in 1475. The crown was represented by the figure of the Magistrate who would have the serious challenge of maintaining a balanced relationship with the Gipuzkoa institutions. These years also saw the territorial strengthening of the Brotherhood, with Gatzaga and the Leintz Valley joining in 1497, the latter in a jurisdiction clash with the Oñate domain.

It appears that in 1397 alternating seats for these reunions, or rather, General Juntas, was established.  The fact that there was no single headquarters should not be interpreted as a lack of structure, but rather an indication of the right of all the participants to host the Junta.

The Book of Bylaws in 1457 determined the 18 towns hosting the Councils (six towns for each of the three valleys) that had to rotate. It also established that the meetings would last 12 days and envisaged that when council meetings were called outside the established towns they would be held in Usarraga (Bidegoyan) and Basarte (Azkoitia). In 1472 they established a fixed date (13 days after Easter Sunday and 13 days after All Saints Day) as well as the order of rotation of the 18 seats. At the same time, they established how long the meetings would last, the seating arrangement of those taking place at even the colour of their clothing. The accreditations were collected by the notary who acted as a witness and minute-taker at the meetings. In short, a protocol was established for the running of the General Juntas, proof of their importance and their institutional role in society.

The Councils had a wide range of government, judicial and taxation competences that were consolidated over the second half of the 15th century. This institution is made up of the magistrate, as the king's delegate, who acted as president, the president advisor appointed by the town hall corresponding to the Council meeting's location, the scribe or secretary of the council, the two brotherhood mayors closest to the place the Council meeting was held and the procurators, representatives of the 25 privileged towns plus the Mayor's office from Areria and Sayaz. Leintz Gatzaga joined in 1497 and Oiartzun in 1509, so that the number of towns with representation was set at 30.

The periodic and yet extensive time of these meetings resulted in a whole host of orders and reports commissioned by the Councils in the hands of the members of parliament or commissioners, although this figure was not institutionalised until midway through the 16th century. And so this period saw the start of the institutions that still characterise the Historical Territory of Gipuzkoa: General Councils and the Local Government.