in modern history, a title given in Spain to all who are of noble family.
The Hidalgos claim a descent from those valiant soldiers who retired into Castile, and the mountains of Hidalgo, Asturias, and other remote parts of Spain, on the invasion of the Moors, where having fortified themselves, they successively descended into the plains, in proportion to the success of their arms: from the notoriety of their persons, or the lands they became possessed of, they acquired the appellation of Hidalgos notorios, Hidalgos de solar conocido, or de ca/a solariega. Of these, according to Hernando Mexia, there are three sorts; the first being lords of places, villages, towns, or castles, from whence they took their surnames, as the Guzmans, Mendozas, Laras, Guivaras, and others; the second, who recovered any fortresses from the Moors, as the Ponces de Leon, and others; and the third sort, from the places where they resided, or held jurisdiction, as Rodrigo de Narvaez was called de Antequera, from being Alcayde there. But this definition is not considered as exact or conclusive by Otalora, another civilian, who says that the true meaning of Hidalgos de solar conocido is explained by the laws of Castile to be a well known mansion or possession, the nature of which is particularly explained in the laws of Parditas, lib. 5, tit. 35, which describe three sorts of tenures called Devifa, Solariega, and Bebetria. By the first, lands are devised by the ancestor; solar is a tenure upon another person's manor, and obliges the owner to receive the lord of the fee when necessity obliges him to travel; and Bebetria is in the nature of an alodium. In proportion as these Aborigines gained ground on the Moors, and increased in their numbers, many private persons distinguished themselves by their valour, and obtained testimonies of their services, called cartas de merced, which served them as a foundation of their birth and good descent, without which documents their posterity could not make it appear; and if from a lapse of time, or other unavoidable accidents, such proof should happen to be lost or destroyed, the law affords them a remedy under these circumstances, by a declaration, importing, that such persons as are supposed to have had such certificates, may be relieved by making it appear that their ancestors, time immemorial, have always been held and reputed as Hidalgos, and enjoyed the privileges of such, from a strong presumption in their favour; the possession of land having equal force to any other document; which is fully set forth in the Pragmatica of Cordova. To these executory letters are granted, cartas executorias, expressive of their privileges; and for the better regulation of these matters, proper officers are appointed in the chancery courts, called alcaldes de lor bidalgos, who ought to be bidalgos themselves, and hold jurisdiction in these cases, and no others: but even here innovations have taken place; for as these grants flow from the sovereign, who is the fountain of honour, some are declared Hidalgos de sangre, by right of descent, and others de privilegio, or by office, in which the will of the sovereign has made amends for any deficiency of blood.
There is a set of people near Segovia, at a place called Zamarramala, who are exempt from tribute on account of the care they take in feeding proper persons every night to the castle of Segovia to keep centinel—one cries out Vela, vela, hoo, and the other blows a horn, from whence they have been titled bidalgos by the horn. In Catalonia those gentlemen who HID
are styled Hombre de Pareja, are considered the same as bidalgos in Castile, and were so called from the word Parejar, to equip, this name being given as a distinction by Borelo the 4th count of Barcelona, at the siege of that city, in 965, who summoning all his vassals to come to his assistance against the Moors, nine hundred horsemen well mounted and equipped joined him, and with their aid he took the city; and this appellation has been given in honourable remembrance of this loyal action.
These noble hidalgos enjoy many privileges and distinctions; of which the following are the principal:
1. The first and greatest privilege which they hold by law is to enjoy all posts of dignity and honour in the church and state, with liberty, when churchmen, of having a plurality of benefices. They are qualified for receiving all orders of knighthood, and are to be preferred in all embassies, governments, and public commissions.
2. When they are examined as witnesses in civil and criminal cases, their depositions are to be taken in their own houses, without being obliged to quit them to go to those of others.
3. In all churches, processions, and other public acts or assemblies, they are to have the next place of honour and precedence after the officers of justice, conforming themselves to particular customs.
4. They are not obliged to accept of any challenge for combat, supposing such were allowed of, but from those who are their equals.
5. Though it is forbidden to guardians to purchase the estates of minors, this does not extend to Hidalgos, in whom the law does not suppose any fraud, and they may purchase them publicly.
6. They are permitted to be seated in courts of justice in presence of the judges, from the respect and honour due to them. They have also seats in the courts of chancery, in consideration of their birth, which gives them a right to be near the persons of princes.
7. Their persons are free from arrest for debt, nor can any attachment be laid on their dwelling-houses, furniture, apparel, arms, horses, or mules in immediate use: nor can they make a cession of their estates, nor be distrained in suits of law, farther than their circumstances will admit of, but are to be allowed a reasonable and decent maintenance for their support.
8. In cases of imprisonment for criminal matters, they are to be treated differently from others. They are generally confined to their own houses with a safe guard, or under arrest upon their honour, or allowed the city or town they lived in, and in particular cases are sent into castles.
9. When punishments are inflicted for criminal cases, they are to be less severe to them than to others, as they are not to suffer ignominious punishments, such as public shame, whipping, galleys, nor are they to be hanged, but beheaded, excepting in cases of treason or heresy. In cases that do not imply a corporal punishment but a pecuniary one, they are treated with more rigour, and pay a larger fine than others.
10. They are not to be put to the rack or torture, excepting for such heinous crimes as are particularly specified by the laws.
11. When there are title-deeds or other writings or papers in which two or more persons have an equal right or property, and require a particular charge, they are to be given up by preference to the custody of an Hidalgo, if any of the parties are such.
12. The daughter of an Hidalgo enjoys every privilege of her birth, though married to a commoner; and a woman who is not an Hidalgo enjoys all these privileges when she is a widow, following the fortune of her husband.—But if the widow is an Hidalgo, and the late husband was a commoner, she falls into the estate of her husband after his death, though she had the privileges of her birth during his life.
13. They are free from all duties, called Pechos, Pedidos, Monedas, Martenegas, Contribuciones, as well royal as civil, and all other levies of whatever kind they may be, with a reserve for such as are for the public benefit, in which they are equally concerned, such as the repairing the highways, bridges, fountains, walls, destruction of locusts, and other vermin.
14. They are free from personal service, and from going to the wars, excepting when the king attends in person; even then they are not to be forced, but invited, and acquainted that the royal standard is displayed.
15. No persons whatever can be quartered upon, or lodged in their houses, except when the king, queen, prince or infantes are on the road, as in such cases even the houses of the clergy are not exempt.
16. They cannot be compelled to accept of the office of receiver of the king's rents, or any other employment which is considered as mean and derogatory to their dignity and rank.
17. By a particular custom confirmed by royal authority in that part of Castile beyond the Ebro, bastards succeed to their parents, and enjoy their honours contrary to the royal and common law.
18. If a lady, who marries a commoner, should be a queen, duchess, marchioness, or countess (for they have no barons in Castile), she not only does not lose her rank, but conveys her titles to her husband, who holds them in right of his wife.
These are the general privileges which the Hidalgos enjoy; there are some others of less consequence, as well as particular grants to certain persons and families. An ancient and ridiculous custom is said to be observed by noble ladies who are widows of plebeians, in order to recover their birthright; for which purpose they carry a pack-faddle on their shoulders to their husband's grave, then throwing it down and striking it three times, say, 'Villein, take thy villeiny, for I will abide by my nobility:' and then they recover their privileges again.