[118] In times of drought there was not enough water in the Guadalaviar to supply concurrently all the canals of the huerta and the canals of places upstream from the city of Valencia. Some agreement was necessary between all users on an equitable partition of the water through a system of turns or by voluntary or compulsory cession of water to downstream users by those upstream.

In August 1313 the jurates of Valencia took action to alleviate the plight of the lower canals of the huerta. Because of two years of drought the water in the river was in such short supply that the uppermost canals of the huerta -- Moncada, Tormos, Quart, and Mislata -- were receiving most of the water. ⁽¹⁾ The upper canals had to yield to the lower ones seven mulnars (a measure sufficient to move one millstone) of water, of which three were to be taken from Moncada, two from Mislata, and one each from Quart and Tormos. This additional water was to be distributed in the following way: Mestalla (called "the canal of En Pere Mercer" ⁽²⁾ in the document that evolved) would have all seven mulnars from Monday morning to Wednesday evening, and then from Wednesday evening to Sunday evening the seven would be divided between the canals of Favara, Na Rovella, and Rascanya according to the mutual discretion of their officials. In addition, in order to succor the irrigators of Puig and Puçol, all the canal turn-outs and minor channels (rolls and filas) of the four upper canals were to be closed at night so that more water would remain for diversion to the tail of Moncada. ⁽³⁾

These provisions, adopted in order to prevent "strife, hatred, and ill will" among the irrigators, from which might follow "harm, wounds, or deaths," were negotiated by all the important [119] interests of the huerta. The jurates had secured the advice and consent (consell e volentat) of Raymond Gaston, bishop of Valencia; the chapter; the bailiff of the kingdom; and the members of the council, as well as of several lords and many of the irrigators themselves. Eleven inspectors (veedors) were appointed to execute the partitions of the water, "putting aside love, hatred, family feeling, corruption, and bribery." ⁽⁴⁾ In this case, therefore, the city took the initiative, but not without associating royal, noble, and ecclesiastical authority with its own.

As the result of another drought, James II sought to codify arrangements for division of the river's water in three separate privileges in 1321. The first, that of April 24, ⁽⁵⁾ was simply a refinement of the provisions adopted by the city in 1313 and was the result of a conflict between the landholders of Mestalla, Favara, Rascanya, and Na Rovella (here called Russafa because it flows through that suburb) and those of the Moncada Canal. The privilege provided that in time of need one of the four control gates of the almenara of the diversion dam of Moncada would have to be opened, thereby letting one-quarter of Moncada's water run to the lower canals, for a period of two days and two nights (Monday and Tuesday). In cases of even greater need two gates were to be opened.

James's second disposition, that of May 25, provided that in time of drought the Pueblos Castillos, that is, the villages upstream of the Moncada Canal (Pedralba, Vilamarxant, Benaguasil, and Ribarroja), would have to cede their water to the huerta "on certain days." ⁽⁶⁾ The third privilege, that of July 5, specified the form the turn was to take: the Pueblos Castillos would have all the water for four days continuously and the Valencian huerta would have the water for the next four days, at the completion of which the turn would begin again. ⁽⁷⁾ The Moncada Canal's relation to the city of Valencia resembled that of the Pueblos. Economically the Moncada system was an integral part of the huerta, but because of its initial designation as a royal canal it remained independent of the lower huerta and was recognized as a unique and separate jurisdictional entity. Most of the city's attention to it was concentrated on securing [120] the release of some of its water on behalf of the lower canals. ⁽⁸⁾

The King's provisions did not mean that other agreements could not be negotiated. In July 1401 the jurates of Valencia wrote to the officials of La Pobla de Vallbona (which came to be considered one of the Pueblos Castillos along with the four other villages mentioned in the privilege) and to the alcayt and elders of the largely Morisco village of Benaguasil that the city of Valencia -- whose well-being was the concern of the whole kingdom, since Valencia was "mother" to it all -- was suffering a water shortage. The city agreed with the cequier of Moncada that Moncada should have water for three days and Valencia for four. The arrangement would go into effect on the Saturday following but would have little value if the city could not have all the water of the river; the Pueblos Castillos were asked to take their water on the three days assigned to Moncada and to let this order last for three or four turns. ⁽⁹⁾ Similarly, in July 1415 the jurates secured from the Pueblos Castillos an alteration in the stipulated turn of four days and four nights by which the Pueblos granted the city one of its four days free (graciosament), so that the city now had five days and the Pueblos three. ⁽¹⁰⁾ This arrangement was completely ad hoc and was to be effective for only one turn. In both cases the jurates were clearly acting as sobrecequier of the huerta, ⁽¹¹⁾ dealing with the Pueblos Castillos and the cequier of Moncada on behalf of the cequiers and irrigators of the other seven huerta canals.
 

The city acted as sobrecequier in two ways. First, it represented the huerta in dealings with upstream irrigators -- Moncada, the Pueblos Castillos, and others -- and in matters of water control, as on tributaries of the Guadalaviar, when the "city's rights" (that is, the huerta's water supply) were threatened. Second, the city frequently acted within the huerta itself, to give "norm and form" to the cequiers in matters where the public good was concerned.

The decision to implement the turn provisions embodied [121] in the privilege of James II was taken by municipal officials. In July 1368 the jurates, noting that the river water was so low that only one or two of the uppermost canals of the huerta were supplied and that the mills of the city were unable to run, declared that implementation of the turn was necessary. The Pueblos Castillos were unwilling to comply, defending with arms their use of the water. In response the council held that, should the upstream villages continue in resistance and fail to release the water for four days, the city would preserve its "ancient possession" by force of arms. A crida was issued ordering all foot arid horse soldiers of the city to stand in readiness to follow the banner of the city to defend the fueros. ⁽¹²⁾

Even when the turn was not formally instituted the jurates were constantly writing to upstream officials to ask for water for the huerta. One of the earliest letters extant on the subject is to Pero Çapata, lord of Tous and alcayt of Benaguasil in 1335, stating that because of lack of water in the river the crops of the huerta were in great danger of being lost "if God and good friends did not come to the rescue." ⁽¹³⁾ Water was asked of the Pueblos for three of four days; but, although "a certain penalty" was mentioned, no appeal was made to the right of the city by James's privilege. Instead the hope was expressed that the lords and alcayts of the Pueblos would "observe the good duty of neighborliness." ⁽¹⁴⁾ The turn was to last as long as the drought prevailed, until the crops of the huerta could be restored. Similarly, in other drought years the city wrote one or more of the Pueblos asking for a certain percentage of their water or for an extra day. ⁽¹⁵⁾

Valencia also had an interest in the Pueblos Castillos as a place to mill flour when water shortage prevented milling in the huerta; the city would send men upstream with grain and seek permission to mill it where hydraulic conditions were favorable. ⁽¹⁶⁾ Further, the huerta's wood supply carne from the mountainous hinterland and was floated down the river. City officials had therefore to ensure its safe passage past the diversion darns of the Pueblos Castillos -- if damage were caused to these dams by the city's wood merchants, the city was responsible. ⁽¹⁷⁾ If there [122] was not enough water in the river below the Pueblos Castillos to float the wood to its destination, water was asked of the officials of those places. ⁽¹⁸⁾

Even when the huerta was not directly concerned, the city, as mother of the realm, often intervened directly in the internal affairs of the Pueblos Castillos, usually on petition of Pueblo residents themselves. In 1437 the complaint was made by inhabitants of La Pobla de Vallbona to the Valencians that some Moors of Benaguasil, and others in higher land, had been growing rice, the drainage from which was creating pools of stagnant water (ayguamolls) in the fields of lower irrigators. The latter had kept their lands "well plowed and well fallowed" but because of the rice drainage were unable to sow. In order to prevent further strife, the jurates ordered the officials of Benaguasil to cease growing rice in areas that might give rise to the cited conditions. To this end a crida was ordered; if compliance with the city's will did not result, the rice would be torn out. ⁽¹⁹⁾ On other occasions it was the Moors of Benaguasil who complained to the city about irrigation practices of La Pobla, as in a dispute of 1454 "concerning the irrigating of vegetables on the canal of El Alguatzir." In this case the jurates directed Mossen Jacme Ferrer, alcayt and procurator of the city in Benaguasil, La Pobla, and Paterna, to go personally to that canal and inform the jurates of the situation. ⁽²⁰⁾ The jurates were also involved in disputes between Benaguasil and Vilamarxant ⁽²¹⁾ and Benaguasil and Ribarroja. ⁽²²⁾

The interests of the jurates extended even farther upstream than Pedralba -- to Bugarra, Chestalgar, ⁽²³⁾ Chelva, and even as far up as Teruel. ⁽²⁴⁾ The city intervened in the more remote areas particularly when diversion of water from the river threatened the huerta's supply. The city had men stationed upstream to guard the water ⁽²⁵⁾ and sent frequent commissions to check on the water supply. ⁽²⁶⁾ Sometimes municipal initiative was not enough, and the city would request the governor to send his representative upstream to demolish new irrigation works built contrary to customary practice. ⁽²⁷⁾
 

The city sought action against Chelva, not only for taking water [123] directly from the Guadalaviar, but for impeding the water of gullies and spring which flowed into the Guadalaviar. ⁽²⁸⁾ So attuned was the city to challenges of water rights that it intervened even where its own rights were not directly challenged. Valencia was suzerain of Morvedre and on occasion challenged the city of Segorbe for diverting water contrary to the "ancient use" of the inhabitants of Morvedre. ⁽²⁹⁾

Closer to home the city's interest was more general than in water supply and distribution, the details of which in any case were the responsibility of the cequiers of the individual canals. In areas marginal to the huerta proper -- such as the Marjals -- we have seen the city's exercise of control. But in the core area the jurates and council did act to give norm and form to the cequiers, as when they set the order of crop priorities in 1376 ⁽³⁰⁾ or when in 1373 they overrode the cequiers and granted general permission to wash cloth and wool in all canals. ⁽³¹⁾ The city also called general meetings of the cequiers to discuss "the affairs of the canals." ⁽³²⁾
 

At one time or another all important local and regional powers became involved in the direction of irrigation. The function of royal justice should be considered, particularly the role played by the king's officials in Valencia, the bailiff (batle) and the governor. ⁽³³⁾

In certain instances the king intervened by giving a direct order to the cequiers; and hereters sometimes appealed directly to the king after appeals to the cequiers, the city, or royal officials had failed. In 1283 Peter III ordered the cequiers of Moncada and Favara not to let so much water run through their canals, in prejudice against the hereters (of the lower canals, one assumes), "because more than one mulnar of water can thus be lost in the swamps." ⁽³⁴⁾ Later, in 1342, the magnates and nobles of the city and other villages of the realm complained to Peter IV of the power of the cequiers: the latter wronged them, they [124] complained, giving the right to water to others, "and from their judgments there is none to whom recourse may be had." ⁽³⁵⁾

The jurates of the city and the syndics of the royal towns (Burriana, for example) opposed the proposal of the nobles that each cequier be required to submit to an annual public inquest conducted by appointees of the lords.

On the question of cequiers' jurisdiction, the jurates always backed the cequiers. Upon petition from irrigators of the Moncada Canal in 1374 the King was about to promulgate two letters which, according to the jurates, were contrary to the fueros and for that reason had better "remained in his pen." If the water was to be well administered "and with equality, all will be sufficed with a good supply, but the direction has to be at the disposition of the cequier of Moncada, according as he wants to do it . . . wherefore, we beg you to revoke the said letters." ⁽³⁶⁾

The irrigators of the two lowest canals, Rascanya and Na Rovella, were in a position similar to that of the villages of Puig and Puçol at the tail of the Moncada Canal. Although the huerta canals were supposed to enjoy equal rights and to receive their traditional quotas of water according to the fueros, the practice nevertheless often worked to the disadvantage of those farthest downstream. James II's privilege obliging Moncada to cede one-fourth or one-half its water was granted in response to the petition of the four lower canals. On at least one occasion Rascanya and Na Rovella alone appealed to the king; claiming that the water of the river below the diversion dam of Moncada was "poorly divided by the cequiers of the lower canals," their hereters made such a "clamorous protest" (clamosa insinuacio) that King Martin, on December 3, 1390, ordered the Governor and Lieutenant Governor of the kingdom to appoint a commission of experts to investigate the claim. The commission was duly appointed and the experts surveyed the dams and canals and ascertained how many jovates of land were irrigated by each. Before the matter could be brought to conclusion, however, the Governor, his Lieutenant, and the King had all died; the suit was renewed under Alfonso V in 1432. ⁽³⁷⁾

The bailiff was the administrator of the Royal Patrimony. By [125] a privilege of James II of May 1, 1321, he was forbidden to interfere in matters of irrigation, the jurisdiction over which was left solely to the cequiers of the canals of the city of Valencia. The bailiff, however, retained jurisdiction over anything touching the royal interest, such as water flowing to the Royal Palace or the water of the mills of the huerta, which were subject to royal emphyteusis. ⁽³⁸⁾ Prior to 1321 the bailiff had apparently had some jurisdiction in irrigation matters. In 1310 the bishop and chapter complained that the bailiff had given water from the Moncada Canal to Russafa (that is, Na Rovella) to the detriment of Puçol. The bailiff replied by stating that "through long practice, by Moors as well as by Christians," it had been the custom to give water through the almenara of Moncada for the sewers (valls) and canals of the city of Valencia. This was assured by privilege; thus, upon request of the hereters of Russafa he had gone to the almenara of Moncada and let the water run to the city "in order to comply with the form of the privilege." ⁽³⁹⁾ Even after 1321 the bailiff retained a measure of power over the Moncada Canal. Peter IV ordered in 1358 that in times of scarcity of water the jurates would divide the water among the canals of the huerta except for Moncada, whose water would be apportioned by the bailiff. ⁽⁴⁰⁾ This measure was apparently taken to tighten control on Moncada, whose prime location ensured its getting more than enough water -- so much, in fact, that even in times of drought a great part of its water flowed into the sea. ⁽⁴¹⁾

In spite of strictures against the bailiff's interference with the seven lower canals, his concern with mills was sufficient to involve him with the cequiers of the huerta. In 1430 Pere Vinyes, cequier of Favara, complained to the Governor that he had received an order from the bailiff to repair the diversion dam "so that water of the river might enter the said canal in order that the mills which are built upon it can mill" under penalty of ten forms. The cequier averred, with due respect, that jurisdiction in such a matter does not pertain to the bailiff, nor can the bailiff interfere with the office of cequier, inasmuch as this is expressly forbidden by the fueros, notably that of James II of May 1, 1321. ⁽⁴²⁾

The governor was the chief royal officer in the kingdom. ⁽⁴³⁾ [126] Throughout the Middle Ages he, not the bailiff, heard cases on appeal from the cequier's oral process. ⁽⁴⁴⁾ As we have seen, the governor's court heard a wide variety of irrigation disputes, both those that were intercommunal and those dealing with the affairs of only one canal. On occasion the governor executed a royal order, as when James II ordered the procurator general (the title "governor" was not used until 1390) to destroy new diversion dams and canals that had been constructed in the Guadalaviar, returning conditions to their former state so that water could pass freely to Valencia and its huerta. ⁽⁴⁵⁾

The governor also heard cases involving millers: typically, the miller would ask the governor to prevent the cequier from interfering with operations of his mill. ⁽⁴⁶⁾ This request often led to a discussion of who -- governor or cequier -- had jurisdiction in such cases. In 1446 the procurator of the Cathedral chapter, initiating a suit against Jacme Perfeta (owner of the fulling mill called En Ferrada, on the Mestalla Canal), stated that this dispute "ought to be argued before you [the Governor] and your court [because] you are judge ordinary of the matters which are disputed between the [two] parties, since indeed they have to do with mills, canals, waters, and their free flow." ⁽⁴⁷⁾ Such cases were heard by the governor under the terms of a privilege of James II (September 11, 1300), according to which the governor heard appeals from all officials of the realm, cequiers included. ⁽⁴⁸⁾

The civil justiciar, as well as the bailiff, was prohibited from intervening in irrigation affairs. ⁽⁴⁹⁾ James II ordered, on two separate occasions, that when violence or any other unjust action was committed in matters of canals and water only the cequiers and veedors should have jurisdiction. ⁽⁵⁰⁾
 

The River Mijares rises in the Sierra de Gudar in the province of Teruel and flows through the province of Castellón and into the sea at Burriana. ⁽⁵¹⁾ The littoral plain it waters -- La Plana -- extends along the coast for eighteen kilometers at a width of five to eight kilometers. The major towns of the plain are Villarreal [127], the diversion dam of whose irrigation canal was the farthest upstream, on the right bank of the river; then Castellón and Almassora, on the left bank, whose common canal drew water from the Mijares at a point just upstream of the confluence of the river and the Rambla de la Viuda; and finally Burriana, whose dam was on the right side in the administrative district of Villarreal and the ducal village of Nules, which was irrigated both from the excess water of Villarreal and by a fixed turn from the Cequia Sobirana of Burriana. ⁽⁵²⁾

The huerta of La Plana was about one-third the size of the Valencian huerta and supported an urban population roughly two-thirds that of Valencia's. This urban population was divided among the towns of Castellón, the main regional center; its small satellite Almassora; and the towns of Villarreal and Burriana, whose combined population equaled that of Castellón. ⁽⁵³⁾ The fragmentation of political and hydraulic power imposed upon the towns of La Plana the necessity for cooperation no less than an obvious potentiality for conflict. Castellón was not powerful enough to impose its will in water affairs on the other towns. Burriana, as the town farthest downstream, tended to oppose Castellón, Almassora, and Villarreal in river politics. (Burriana might have found an ally in Almassora, on the opposite bank of the river, but since Almassora shared its diversion dam with Castellón any structural predilection for siding with Burriana against Castellón was neutralized. Almassora originated her own share of disputes against Castellón, however.)

Rivalry among the La Plana towns was exacerbated by overlapping and confusing municipal and rech jurisdictions. What happened when these town-owned canals extended beyond municipal bounds, irrigating properties in another town's jurisdiction? To whom did the irrigator owe first loyalty, the town in which he lived, or that which controlled his water supply? For example, the cequia maior of Villarreal irrigated a small section of the district of Burriana called Els Vintens; similarly, the cequia maior of Castellón irrigated lands owned by residents of both Villarreal and Almassora. Under such conditions administration became greatly complicated. In the case of Castellón and [128]Almassora the cequier of Castellón and his guards patrolled Almassora as well. Each year after the election of these officers the council dispatched a letter to the jurates of Almassora certifying the election. ⁽⁵⁴⁾ But enforcement powers of the officials were hampered by the cequier's having to seek permission to impose penalties from the justiciar of Almassora. ⁽⁵⁵⁾ This interposition of another authority between the cequier and the delinquent irrigator defeated one of the main principles of irrigation justice, namely that it be summary and speedy in order to promote the highest possible level of efficiency in water distribution.

Litigation among the four towns was constant throughout the Middle Ages, and it is clear that Burriana was the prime mover in initial steps toward a regional settlement. In order to put an end to conflict among the competing towns, James I guaranteed Burriana the right to take water from the canals of Castellón and Almassora for six consecutive days and nights in time of drought. Each town was to elect representatives to adjudicate disputes, and if they should fail to arrive at a decision two men from the neighboring town of Onda would arbitrate. ⁽⁵⁶⁾

The settlement that eventually governed hydraulic relations of the four towns from 1346 to the present was also the result of Burriana's initiative. On February 28, 1346, the syndics of Villarreal, Castellón, and Almassora on one side and the representatives of Burriana on the other agreed to submit their differences to the arbitration of Prince Peter, count of Ribagorza and a son of James II. On March 20, having heard the arguments, Peter proposed a two-stage division of the river similar to the concepts which governed division of the Guadalaviar. When water in the river was short it was to be divided into sixty filas above the diversion dam of Villarreal: ⁽⁵⁷⁾ Villarreal received fourteen, Castellón fourteen and a half, Almassora twelve and a half, and Burriana nineteen. ⁽⁵⁸⁾ But if the water was so short that less than one fila was reaching Almassora, then the second stage automatically went into effect. In these dire conditions all the water of the river was to be directed into each of the canals in turn, Villarreal receiving the water for twenty-eight hours [129] contintiously, Castellón for twenty-nine, Almassora for twenty-five, and Burriana for thirty-eight. That is, the water in times of severe drought was "doubled" (the ratio between hours and filas here is two to one).

The call for partition could be given by any of the four towns, by notifying the jurates of the others. In case the jurates could not be found, notification also could be given with a public writ in the presence of four or five persons of the town in question. Exactly one day after the hour of notification the towns were to send an elected partidor to the place of partition. ⁽⁵⁹⁾

The sentence was ordinarily put into effect by a letter to the jurates. Burriana instituted a partition in March 1415 by writing to the jurates of the other three towns, asking them to send their partidors to the accustomed place on the following Monday morning "to give each party his right" according to the terms of sentence. ⁽⁶⁰⁾ It is clear, moreover, from the wording of the letter that Burriana still considered the sentence as an agreement not among the four towns but as between Burriana and the other three. As the party farthest downstream Burriana stood to gain most from implementation of the sentence.

The opposition of interest between Burriana and the other three is clear, too, from an incident in 1473 when it was found that the diversion dams of Villarreal and Castellón-Almassora were full of holes (sportellats de molts portells) and the control gates raised in such a fashion "that all the water was found in the canal of Burriana." It was no wonder that there should have been "some feeling that men of Burriana had done it." The council of Castellón considered the outrage and ordered that one man from Almassora be chosen to represent the three towns and to discuss the matter with the towns' lawyers in Valencia. ⁽⁶¹⁾

Disputes also arose between the towns individually, as between Villarreal and Almassora over the right of residents of the former to take wood, brush, and stone from the banks of the river in the territory of the latter ⁽⁶²⁾ and between Villarreal and Burriana concerning jurisdiction over residents of the former who irrigated fields from canals of the latter. ⁽⁶³⁾ Relations between Castellón and Almassora and between Burriana and Nules were codified [130] in long series of sentences -- arbitration was the commonest way of settling intercommunity disputes in La Plana -- and their problems resembled those of the head and tail villages of the longer canals of the Valencian huerta. The key point of dispute between Castellón and Almassora concerned the number and location of canal checks with which Almassora was allowed to divert water from the canal of Castellón. ⁽⁶⁴⁾ That part of the canal passing through Almassora was administered by the irrigation officials of Castellón. The canal of Nules, though fed by the Cequia Sobirana of Burriana, was autonomously administered, and consequently the central factor in the relation between the two was a system of turns. ⁽⁶⁵⁾

The four towns preferred to keep control of their own affairs and to settle regional problems among themselves, especially by the device of mixed commissions. While ecclesiastical and noble personages were sometimes sought as arbitrators, their direct intervention was resented. The jurates of Burriana complained to those of Castellón in 1430 that the King had appointed a resident of Nules as cequier of Burriana, a move which, in the view of the jurates of Burriana, was harmful not only to their town but to all the towns of the plain taking water from the Mijares. ⁽⁶⁶⁾ In more than one instance the council of Castellón acted to assert the authority in irrigation affairs of the jurates and municipal cequier over that of the bailiff. In April 1410 the cequier had been ordered by the town bailiff to revoke an order to the miller Domingo Dolç to close the intake gate of his mill. The council ruled that the bailiff had no jurisdiction and that the cequier was the judge ordinary of the canal. ⁽⁶⁷⁾
 

In spite of the commercial and political pre-eminence of Castellón, Burriana, the largest irrigation district and the one farthest downstream, was the most frequent protagonist in the water affairs of La Plana. Burriana instituted turn procedures and was the prime mover behind regional settlements. Indeed, in most of the watersheds of eastern Spain the power to settle water disputes was concentrated downstream -- a response, in part, to the challenges from upstream users. Even in a small [131] water district like the Vall de Segó authority in irrigation gradually passed from the regional political and economic center, Morvedre, to the village of Benifairó, the lowest irrigating district in the valley and the one that received the most water. ⁽⁶⁸⁾

The effective division of power in La Plana between Castellón and Burriana was in the long run a stabilizing factor. A similar situation prevailed in Valencia. With the exception of only a few acute crises -- which forced readjuments in the power balance and initiated long periods of stability -- the balance between the city, the Moncada Canal (in an intermediate position), and the upstream coalition was a factor promoting stability. The city's great political power acted as counterbalance to the leverage the Pueblos Castillos wielded by virtue of geography. The "tyranny" of the Pueblos Castillos, of which nineteenth-century Valencians complained, ⁽⁶⁹⁾ became a real tyranny only in relatively recent times, when the submersion of local authority in a modern state significantly reduced the freedom of action enjoyed by the city in medieval times.

1. AMV, Manuals de Consell, 1, fols. 91r-93r (Aug. 21, 1313).

2. See Nicolau Pnimitiu Gomeç, "Contribució al estudi de la molinería valenciana mijeval," III Congreso de Historia de la Corona de Aragón 2 Vols. (Valencia, 1923), II, 700fl.

3. AMV, Manuals de Consell, 1, fol. 92r: "Encara ordenaron que per la mirva de la aygua que avien per la dita raho o particio los lochs del Puig a de Puçol que son derrers a aver aygua de la cequia de Muncada que tots los rolls e files hixens de les cequies de Muncada, de Quart, de Tormos, e de Miçiata sien tancats totes nits, ço es a saber del sol post tro al sol exir."

4. Ibid., fol. 91v: "fora gitat amor hodi parentesch corrupcio e suburnacio." Five veedors are identified by residence; they were apparently from the Moncada Canal (Massarrojos, Moncada, Albalat, Puçol, and Puig).

5. Branchat, Trotado de derechos, III, 306--308. The three privileges are discussed by José Latour Brotons, "La distribución de las aguas en la huerta de Valencia," Astrea (Valladolid), 2nd semester (1957), 5, and in the Exposición de distintas actuaciones, pp. 8-10.

6. Branchat, Tratado de derechos, III. 204-205.

7. Ibid., 206-207. The terms of the privilege specify that the city's 4 days follow those of the Pueblos Castillos ("et habitores Civitatis Vaientiae aliis quatuor diebus et quatuor noctibus subsequentibus").

8. AMV, Manuals de Consell, 12, fol 52r (Jan. 2, 1355) During a drought Moncada was measured, under the direction of a jurate; as it was found to have 11 palms of water it was decided that it could spare 1/2 palm for the lower canals; on Jan.15 (fol. 55v) it was reported that the cequier of Moncada had closed the almenara, and the jurate, Pere Mascho, was ordered by the council to open it again so the city would not lose its possession. Compare AMV, Cartas Misivas, 7, n.p. (July 21, 1401), and 13, fols. 11r, 13r (July 17 and Aug 9, 1415), letter from the jurates to the syndics and cequier of Moncada.

9. AMV, Cartas Misivas, 7, np, July 15, 1401: "aquesta ciutat que segons sabets es mare de tot lo regne e la restauracio de la qual es conservacio de tots sos menbres passa distret daygues e per ço hauen fet ab lo cequier de la cequia de moncada que eu tinga laygua tres dies e valencia quatre dies los quals començen lo dissapte a vespre ora acostumada e valrias poch aquesta ordinacio si no hauien tota laygua per tal vos pregam affectuosament que aquests iiii dies hauam laygua daqui tenir la vosaltres iii dies e la ciutat quatre dies segons muncada. Et dur aquesta ordinacio per unes tres o quatre tandes " Similar letters were sent to Ramoneta of Riusech, lady of Ribarroja, and Hugh of Moncada, lord of Vilamarxant.

10. AMV, Cartas Misivas, 13, fol. 11r (July 15, 1415):

Al honrat en Berenguer Rochafort, cequier de les aygues de Valencia. . .Nosaltres [i.e., the jurates] a pregaries dels noble e honorable mossen pere de moncada e mossen johan de sent feliu hauem acordat que de la aygua de la tanda que ara han les nostres cequies ne lexets passar par les cequies de Beniguazir e Vilamarxant quatre canals, ço es, per cascuna, dues canals, car ells nos han consentit graciosament esta tanda que dels quatre dies de la lur tanda nos lexen per a les cequies de aci hun dia axi que aquesta tanda ells hauran tres dies e les cequies jusanes y dies.

See letter to cequier of Moncada, July 17, 1415.

11. See Chap. III, n. 24.

12. AMV, Manuals de Consell, 15, fol. 8 (July 31, 1368). In 1413 the city had to carry out its threat of arms (see Chap. VII). The modern modus operandi, whereby cequiers of the huerta implemented the turn by proceeding upstream and opening the gates of the Pueblo canals, had evolved by the beginning of the sixteenth century. See AMV, Cartas Misivas, 33, n.p. (May 29, 1501): a letter informs the officials of Benaguasil, La Pobla de Vallbona, Vilamarxant, and Ribarroja that because Valencia needed water the cequiers of Mislata, Mestalla, Favara, Rascanya, Rovella, Quart, and Tormos were being sent to "derrocar almenares, pendre tandes e posar les aygues en la present ciutat en la forma acostumada."

13. AMV, Cartas Misivas, 1, fol. 41r (Aug. 28, 1335): "les cequies de la orta son mirves daygues en tant que les esplets de la orta son en perill de perdre per si deus e bons amichs no hi acorren."

14. Ibid.: "La qual provisio a bona perfeccio venir no poria sens ajuda e secos de les aygues dels dits lochs sobirans, es assaber de pedralba, de villamarxant. (le beniguazir e (le riba roya. los senyors e alcayts dels quals esguardan lo ben deure de vehinatge."

15. AMV, Cartas Misivas, 7, n.p. (May 18, 1401), a letter to the Lady of Ribarroja asking for "two additional canals of water from now until the forthcoming feast of Quinquagesima" (that is, that she open two or more of her control gates from the present until the fifth Sunday before Easter of the following year) Also, AMV, Cartas Misivas, 13, n.p. (May 6, 1415), letter to officials of Benaguasil asking for one day of water to alleviate the shortage. Latour Brotons ("Distribución de las aguas," p 6) describes this agua de gracia as a step taken just short of putting the general river turn (tandeo) into effect.

16. See Chap. VIII. nn. 26, 28.

17. AMV, Manuals de Consell, 36, 7th book, n.p. (May 2, 1516): report by Johan de Burgos, mason, and Johan Corber, stonecutter, on their trip to the diversion dam of Vilamarxant to estimate damages caused by Jaume de Pertusa, wood merchant (cabanyer de la fusta). The cequier and alcayt of Vilamarxant stated that the damage was caused by poor maneuvering by the hookmen (ganxers) who were guiding the wood past. Burgos and Corber had also inspected the dam and canal of Bugarra.

18. AMV, Cartas Misivas, 11, fol. 101r (Oct. 10, 1412): the city needed the "water of the Knights" (i.e., Pueblos Castillos, under the suzerainty of various lords) for two days in order to float the wood, just as it had already secured that of Moncada. See ibid., 12, fols 163r (July 14, 1414), 168r (July 26), and l70r (Aug. 1). By a privilege of James I (Alcira, Jan. 30, 1267) wood cut anywhere in the kingdom could be floated to the city via the Júcar and Guadalaviar (Branchat, Tratado de derechos, III, 195- 196; see also privilege of James II, June 1, 1314, ibid., pp. 200-201).

19. AMV, Cartas Misivas, 19, fols. 5V-6r (June 20, 1437).

20. AMV, Cartas Misivas, 22, np. (May 17, 1454): "lo debat que es entre los de la pobla de benaguatzir sobre lo regar de les ortalices de la cequia del alguatzir." Compare another dispute between these two places, Cartas Misivas, 30. n.p., May 9, 1483.

21. AMy, Cartas Misivas, 23, fol 185v (Aug. 1, 1458): letter to Pere Ramon de Muncada The jurates of Benaguasil and La Pobla had complained to those of Valencia that they had had to appoint sobrecequiers to guard the water of their canal that passes through the district of Pere's village of Vilamarxant. Beniaguasil's cequier sought damages from Pere because its rice was without water and could not be irrigated from any other canal.

22. AMV, Cartas Misivas, 23, fol. 94r (Mar. 24, 1457), to the Baron Viscount of Gayano. The jurates had received his letter about poor repair of the canal of Benaguasil, which had caused damage to his canal of Ribarroja. ("Molt noble baro: Una letra vostra hauem rebut feta en ribarroia a xxii del present sobre la cequia de benaguazir la qual diem que per no tenirla en condret . . . es cayguda sobre la vostra cequia en gran dan de aquella.")

23. AMV, Cartas Misivas, 5, fol. 215r (Aug. 12, 1393): a letter to the Lord of Chestalgar requesting that he let the water flow to the city for 4 continuous days.

24. AMV, Cartas Reales, 7, fols. 27r, 28v--29r (Apr. 24, 1606). The archbishop, chapter, and jurates of Valencia wrote to the king about a canal that the jurates of Teruel were planning to build to conduct water from the Guadalaviar. The King wrote to Teruel that taking the water would divert it from greater needs, particularly those of the city of Valencia in the summer.

25. AMV, Cartas Misivas, 7 n p. (July 20, 1402). The jurates wrote to Jacme de Validenoc, who was guarding the water, that little upstream water (aygua del rin alt) was reaching the city.

26. AMV, Manuals de Consell, 5, fol. 62v (Aug. 2, 1345). The council ordered 2 jurates and 2 cequiers to proceed to the diversion dam of Benaguasil to inspect (regonexer) the water and to see that the city and the huerta were receiving their due.

27. ARV, Gobernación, 2202, 16th hand, fol. 28r (July 4, 1413). The subsyndic of the city asked that the Governor or his Lieutenant go upstream to investigate the new diversion dams and canals being made on the banks of the Guadalaviar, and others which had been enlarged "contrary to ancient form," resulting in great harm to the city.

28. Ibid., 12th hand, fol. 30r (May 25, 1413) and the countersuit, 2203, 28th hand, fol. 14r (May 30, 1413).

29. AMV, Cartas Misivas, 8, np. (Aug. 14, 1405).

30. See Appendix 3.

31. AMV, Manuals de Consell, 16, fol. 170v (Aug. 23, 1373):

Item fou proposat en lo dit consell que alcuns cequiers dalcunes de les cequies de la ciutat e de la orta de poch temps aença contre furs e privilegis us e costum tots temps observats efforcaven vedar a les gents de no lavar e haure altres aempriu en o de les aygues de les dites cequies ans los dits cequiers per avaricia o per malicia assaiaven penyorar o fer rescatar les gents lavants o aemprants les dites cequies. [Thus the council ordered] que cascu puxa e li sia legut en qualsevol de les dites cequies e en les aygues daquelles. . . lavar e fer lavar lana, draps, bugades e totes abres coses.

In fact, most of the canals had regulations against such industrial use, but here the city was acting in what it considered a higher economic interest.

32. AMV, Cartas Misivas, 12, fol. 180r (Aug. 23, 1414). The cequiers were convened in the council's chambers (la Sala del Consell) to discuss "los affers de les cequies e fitament de les goles daquelles."

33. For the duties of the office of bailiff, see Danvila, La germania de Valencia, pp. 431--432.

34. ARV, Fondos en depósito, Pergaminos, caja 6, no. 2 (also, Aureum opus, fol. 33 chap. xxii): "Item statuimus et ordinamus et prohibemus sub pena lx sol. quod cequiarii de Muncada et de Fauara et alii non mitant tantam aquam per cequias suas in prejudicium hereditariorum per ultra unam mulnariam de qualibet cequia possit inde perdi uei amiti im amargalibus."

35. Fori regni valentiae, "In extravaganti," fol. 10:

Item suppliquen los richs homens, e cavaliers de la ciutat, e daltres viles del regne que com los cequiers en molts casos facen molts e diuersos greuges a ells, e als homens lurs, e donen lo dret del aygua a abres, e reguen aquella bajen gran iuredictio axi dels juhis de aquells no puixa hom a alcun recorrer. Que sia vostre merce ordenar que a cascun cequier cascun any sia feta inquisicio per aquells qui per nos seran ordenats segons que per fur nou en los officials es acostumat de fer. Majorment senyor com ells sien officials, e han poder vostre, e ells fan penyores, e leuen calonies segons que ells se volen. Concordant richi homens, et generosi, et persone Ecclesiastice. Contrasten hi los jurats de la ciutat. E semblantment hi contrasten los sindichs de les viles reals.

36. AMV, Cartas Misivas, 3, n.p. (July 18, 1374): "per part dels alcuns hereters de la cequia de Moncada son estades imperades dues letras del senyor Rey les quals parlant ab la sua reverencia e de qui signades les ha foren mus romases en la ploma. . .car a la veritat si laygua es ben regada e ab egualtat a tot bastara a gran compliment, mas quel com ortiment haia esser a disposicio del cequier de Muncada segons vol ho fara . . . hon vos pregam affectuosament e decontinent haiats revocats de les dites letres."

37. ARV, Gobernación, 2247, 12th hand, fol. 41r, 17th hand, fol. 25r (Nov. 15, 1432). Rascanya and Rovella specifically asked that they receive the same amount of water as Favara and Mestalla, since they irrigated the same amount of land. (All 4 canals received 14 filas.)

38. Branchat, Tratado de derechos, III. 155-156 See also ibid., p. 139, privilege of James II, Lérida, July 24, 1317, giving the bailiff jurisdiction over concessions made by the king for the construction of mills, ovens, and baths. Emphyteusis was a civil law contract by which a grant was made of a perpetual right to possession of property at a fixed annual rent. Such property was heritable and alienable.

39. ACV, Pergamino 3924 (Sept 14, 1310): "El dit baile respon que. . . com per lonch us de temps per moros e de crestians sia acostumat de levar la dita almenara e dar aygua als valls e a les cequies de la ciutat. . .E com al dit batle fos request per los dits hereters quels fer complir la forma del dit privilegi lo dit batle ana a la damunt dita cequia e feu levar la dita almenara per dar la dita aygua segons la forma damunt atorgada."

40. Branchat, Tratado de derechos, III, 308-309 (Valencia, February 1358).

41. Ibid, p. 308: "cequiae superiores dicti rivi et specialiter illa quae vocatur de Muncada, in tantum redundant desuper, et cum tanta implentur affluentia, quod magna pars ejusdem aquae in mari et alias amittitur quasi continue et frequenter." Compare Fori regni valentiae, fol. 91r (1510), wherein it is asked that the governor and bailiff be forbidden to intervene in irrigation matters: "Ad supplicationem brachis regis. Item senyor com per furs e privilegis del dit vostre regne de Valencia, la conexença de les cequies e aygues del riu de Guadalaviar pertanga als jurats de la dita ciutat, excepto la cequia real appellada de Moncada."

42. ARV, Gobernación, 2241, 6th hand, fol. 32r (May 24, 1430).

43. For the duties of the office, see Danvila, La germania de Valencia, pp. 429-431.

44. On the Royal Canal of Alcira the opposite was the case: the Governor was forbidden to interfere in the affairs of this canal, whose jurisdiction was that of the Cequier Real. But appeal was to the bailiff; Branchat, Tratado de derechos, III, 316--321, privilege of John II, Valencia (July 11, 1467).

45. Ibid., 202-203. In similar dispositions regarding the Moncada Canal, however, the bailiff was charged with destroying any new works and with preventing further alterations of the canal's physical dimensions (ibid., 302-306, privilege of Peter IV, Barcelona, Oct. 5,, 1368, reaffirming that of James II, Trayguera, Apr. 20, 1298).

46. See, e.g., ARV, Gobernación, 2236, 2nd hand, fol. 21r (Feb 20, 1426) regarding Anthoni de Veses' mill in Aifafar (Favara Canal); ibid., 4th hand, fol. 43r (June 1, 1426) regarding Luis Bonet's mill (Mislata Canal); ibid., 2278, 1st hand, fol. 41,r (Mar 23, 1450) regarding the mill of La Gabia (Favara Canal).

47. ARV, Gobernación, 2272, 3rd hand, fol. 7r (Aug. 20, 1446): "Et apres ab lo dit en jacrne perfeta tantsolament segons forma de fur ha e deu esser tractada devant vos e cort vostra qui sois jutge ordinari de les causes de e sobre ques litiga entre les dites parts axi per ço com si tracta de molins e de cequies e de aygues e del liure descorriment de aquelles com a e segons apar per les actes del dit."

48. ARV, Gobernación, 2213, 36th hand, fol. 31r (1415): "E per conseguent appar clar e indubitat que del greuge del dit cequier non pot esser jutge lo dit cequier e qui vos Mossen lo governador ne sots jutge e no altri." In this case, between the cequier and a miller of the Mislata Canal, the cequier was accused (fol. 31v) of favoring his relative ("lo dit cequier per favorejar son parent ha fet son poder que la aygua del dit royll, del qual es la present questio, sia tolla als hereters jussans"). By not returning the water to the main canal the cequier had contravened the disposition of the fuero, contrary to his office, and for this reason "reasonably and justly he ought to be corrected by you Mossenyor [Governor], to whom it pertains to correct the grievances caused by whatever officials of the realm"("rahonablement e justa deu esser corregut per vos Mossenyor al qual se pertany corregir los greuges fets per qualsevol officials del dit regne").

49. For the office of the civil justiciar, see Danvila, La germania de Valencia, pp. 443-446

50. Aureum opus, fol. 77, chap. clvi ("Que justicia in civili de causis cequiarum et aquarum non se intromittat: scilicet cequiarii cum provisoribus"), Barcelona, Aug. ,8, 1326. Also, privilege of Tortosa, Apr. 6, 1318 (ibid., fol. 60, chap. lxxxix).

51. On its course see Carlos Sarthou Carreres, Provincia de Castellón (Barcelona, n.d.), pp. 52-61.

52. For summaries of the distribution of Mijares water in La Plana, see ibid., pp. 65-71; Vicente Gimeno Michavila, "Los riegos de la comarca de La Plana," BSCC, 19 (,1944), 139-145, and 20 (1944), 17-32, 205-222. Benito Traver, Historia de Villarreal (Villarreal, 1909), pp 471-484; J. M. Oliver Moros, "Las aguas del Mijares: distribución de las mismas entre las comunidades que componen la Junta de Aguas de la Plana; cesión posterior de Burriana a los regantes de Nules," Buris-ana, vol. X, no. 103 (1967), 18--19; and José Dolz Moros, "Antecedentes, peculiaridades y datos curiosos sobre la Junta de Aguas de la Plana," ibid., pp 16-17.

53. The area of the Valencian huerta is 297 km2, that of the huerta of La Plana approximately 90 km2. In 1418 Valencia had 8,000 hearths; the figures for La Plana were Burriana 592, Castellón 1,110, Villarreal 598, a total of 2,300 (Francisco A. Roca Traver, "Cuestiones de demografía medieval," Hispania, 13 [1953], 18).

54. After the cequier's election, the council would resolve that this information should be communicated to Almassora (see AMC, Libres de Consell, Jan. 18, 1414). The letter actually sent informed Almassora of the naming of the cequier and guards, and in some cases (see Libres de Consell, Jan. 8, 1392) reiterated certain regulations, such as those forbidding the placing of checks in the canal or not returning water to the main channel.

55. AMC, Libres de Consell, Feb.9, 1473: a letter entitled Acces del cequier was sent from Johan Marti, cequier of the cequia maior of Castellón, to the justiciar of Almassora requesting that fines letied by guards J Pelega and Nadal Galent upon a citizen of Almassora be carried out. The fine of 20s. was for having put a check in the canal contrary to regulations agreed upon by both towns. Similarly (ibid., Apr. 26, 1473), Marti wrote to Almassora asking that 3 specified men appear before him and his guards to hear certain claims made against them by the guards of Castellón.

56. Archivo de la Corona de Aragón, reg. 13, fol. 287 (cited by Santamaria Arandez, Aportación al estudio de la economia de Valencia, p. 91, n. 39).

57. The number 60 was not fortuitous, see Chap. XI.

58. These proportions remained in force until 1789, when, as a result of separation of the waters of Castellón and Almassora made possible by rebuilding the cequia maior and construction of a house to guard the divisor (la Casa de las Rejas), the proportion was changed to 17 1/5 for Castellón and 9 4/5 for Almassora. (Dolz Moros, "Antecedentes, peculiaridades y datos curiosos," p. 16)

59. The text of the Sentencia arbitral is widely reproduced, e.g., in Traver, Historia de Villarreal, pp 472-477, and Sarthou Carreres, Provincia de Castellón, pp. 66-67

60. AMC, Libres de Consell, 20 n.p. (Mar. 9, 1415)

Als molts honrats los jurats de les viles de castello de vilareal e de almaçora. . .de nos los jurats de la vila de burriana, saluts e honor. Com segons la sentencia en la particio de la aygua del riu de millars entre vos e nos promulgada cascuna universitat haie liure certa part de la aygua del dit riu. Et nos ne haiam nostra part de aquella segons la dita sentencia. Per tal la amistat de cascun de vos requirim e pregam vos placie tratmetre vostres partidors dilluns primer vinent de mayti al loch acostumat per donar son dret a cascuna part e partesque aquella segons la dita sentencia deu volent lo nostre partidor sera. Com nos siam appellats fer per cascun de vos coses semblants a maiors justicia migançan. Dat. Burriana ix die martii anno a nat. domini M CCCC XV.

The council of Castellón indicated its willingness to comply in a reply of the same date.

61. AMC, Libres de Consell (1472--1473), n.p. (Mar. 31, 1473):

Dels trenchs fets en los auts. Fonch proposat per los honorables jurats com en la present vila eren venguts misatgers de almaçora e de vilareal e hauien parlat ab ells com los auts de castelló e de almaçora e encara la . . . almenara de vilareal eren stats sportellats de molts portells e le dita almenara era stada leuada be que tota la dita aygua se trobava en la cequia de borriana e se hauien alguns sentiments que homens de borriana ho hauien fet. E aximateix dels dits trenchs ne hauia feta relacio a ells lonorable en guillem castell qui es partidor e axi que lo honorable consell prouehis en lo que fos fahedor. Lo honorable consell prouehi que hun home de almaçora per les tres viles ço es per castello vilareal e almaçora vaga a Valencia e sia stat als aduocats de les viles e que haia consell que es lo ques pot fer de justicia e que co que consellaren que porten la scriptura ordenada e ques pose es persegueixca lo dit fet.

62. ARV, Gobernación, 2214, 7th hand, fol. 13r (Mar. 11, 1416).

63. Some of the pertinent court cases are ARV, Gobernación, 2219, 3^rd hand, fol. 35r (Feb. 13, 1417), 2219, 7th hand, fol. 3r (Mar. 26, 1417) 2242, 11th hand, fol. 45r (Oct. 4, 1430): and 2272, 2nd hand, fol. 48r (Aug. 14, 1446).

64. The first three sentences governing Castellón and Almassora were those of July 11, 1275, Oct. 31, 1290, and June 13, 1297. The second is preserved on parchment in the Municipal Archives of Castellón, as are further sentences of Aug. 14, 1338, May 7, 1347, and Mar. 28, 1355. Many of the dispositions concerning Almassora in the Libres de Consell have to do with canal checks made by men of Almassora in the cequia maior contrary to the form of the sentence (council minutes of Aug. 12, 1386; Feb. g, 1473, Feb. 17, 1473). Almassora sued in defense of its rights according to the sentences, in the governor's court, on Oct. 25, 1407 (ARV, Gobernación, 2195. 15th hand, fol. 43r). According to the sentences all disputes had to be arbitrated by a panel of 2 men each from Castellón and Almassora and 1 from Burriana.

65. See ARV, Gobernación, 2258, 15th hand, fol. 9r (Nov. i6, 1436); 2262, 1st hand, fol. 351 (Feb. 7, 1438); 2272, 1st hand, fol. 11r (Mar. 27, 1446), 2315, 15th hand, fol. 26r (Nov. 28, 1465); Branchat, Tratado de derechos, III, 343-348 (Mar 12, 1484); and a postmedieval document, Traducción al castellano de la escritura de concordia en latín y lemosín otorgadas entre las villas de Burniana y Nules sobre aguas de riego, con fecha 28 de Julio de 1662 (Castellón,1963).

66. AMC, Libres de Consell, 32, n p. (Feb. 12, 1430): "el senyor rey los donaue un cequier de Nules."

67. AMC, Libres de Consell, 17, np. (Apr. 9, 1410): "la conexença de aquella [i.e., the cequia] ordinariament es pertany e es del dit honrat cequier e no del dit honrat batle . . . com ell dit cequier es e fos jutge ordinari de la dita cequia." On the same day the council rebuked the bailiff again for interfering in a question regarding "el escorrer les aygues de la orta en les marjals." See also Libres de Consell, 95, n p. (Nov. 25, 1436): the bailiff of Castellón forbade the cequier to order a miller to clean his share of the main canal, and the council ordered the bailiff not to interfere, asserting that because the canal belonged to the town only the cequier had jurisdiction.

68. José M. Cueco Adrian, La Font de la Vall de Segó (Valencia, 1965), p.75.

69. See a letter to El Mercantil Valenciano (Apr. 26, 1878), p. 2 "Siete siglos. . .que los árabes fueron expulsados de esta feráz comarca enriquecida bajo los reinados de los Abderrahmanes, y siete siglos que la Vega de Valencia se retuerce bajo la tiránica presión de los señores de los pueblos denominados Castillos."