Chapter 38

[36] In the first cortes after Isabella's death, at Toro, in 1505, Ferdinand introduced the practice, which has since obtained, of administering an oath of secrecy to the deputies, as to the proceedings of the session; a serious wound to popular representation. (Marina, Teoría, tom. i. p. 273.) Capmany (Práctica y Estilo, p. 232.) errs in describing this as "un arteficio Maquiavélico inventado por _la política Alemana_." The German Machiavelism has quite sins enough in this way to answer for.

[37] The introductory law to the "Leyes de Toro" holds this strange language; "Y porque al rey pertenesce y ha poder de hazer fueros y leyes, y de las interpretar y emendar donde vieren que cumple," etc. (Leyes de Toro, fol. 2.) What could John II., or any despot of the Austrian line, claim more?

[38] See the address of the cortes, in Marina, Teoría, tom. p. 282.

[39] Among the writers repeatedly cited by me, it is enough to point out the citizen Marina, who has derived more illustrations of his liberal theory of the constitution from the reign of Ferdinand and Isabella than from any other; and who loses no opportunity of panegyric on their "paternal government," and of contrasting it with the tyrannical policy of later times.

[40] Marina enumerates no less than nine separate codes of civil and municipal law in Castile, by which the legal decisions were to be regulated, in Ferdinand and Isabella's time. Ensayo Historico-Critico, sobre la Antigua Legislacion de Castilla, (Madrid, 1808,) pp. 383-386.-- Asso y Manuel, Instituciones, Introd.

[41] See Part I., Chapter 6, of this History.

[42] "A collection," says senor Clemencin, "of the last importance, and indispensable to a right understanding of the spirit of Isabella's government, but, nevertheless, little known to Castilian writers, not excepting the most learned of them." (Mem. de la Acad. de Hist., tom. vi. Ilust. 9.) No edition of the _Pragmáticas_ has appeared since the publication of Philip II.'s "Nueva Recopilacion," in 1567, in which a large portion of them are embodied. The remainder having no further authority, the work has gradually fallen into oblivion. But, whatever be the cause, the fact is not very creditable to professional science in Spain.

[43] The earliest edition was at Alcalá de Henares, printed by Lanzalao Polono, in 1503. It was revised and prepared for the press by Johan Ramirez, secretary of the royal council, from whom the work is often called "Pragmáticas de Ramirez." It passed through several editions by 1550. Clemencin (ubi supra) enumerates five, but his list is incomplete, as the one in my possession, probably the second, has escaped his notice. It is a fine old folio, in black letter, containing in addition some ordinances of Joanna, and the "Laws of Toro," in 192 folios. On the last is this notice by the printer. "Fue ympressa la presente obra en la muy noble y muy leal cibdad de Senilla, por Juan Varela ympressor de libros. Acabose a dos dias del mes de otubre de mill y quinientos y veynte años." The first leaf after the table of contents exhibits the motives of its publication. "E porqué como algunas de ellas (pragmáticas sanciones é cartas) ha mucho tiempo que se dieron, é otras se hicieron en diversos tiempos, estan derramadas por muchas partes, no se saben por todos, é aun muchas de las dichas justicias no tienen comlida noticia de todas ellas, paresciendo ser necesario é provechoso; mandamos fi los del nuestro consejo que las hiciesen juntar é corregir é impremir," etc.

[44] "Leyes de Toro," say Asso and Manuel, "veneradas tanto desde entonces, que se les dió el primer lugar de valimiento sobre todas las del Reyno." Instituciones, Introd. p. 95.

[45] See the sensible memorial of Jovellanos, "Informe al Real y Supremo Consejo en el Expediente de Ley Agraria." Madrid, 1795.

There have been several editions of this code, since the first of 1505. (Marina, Ensayo, No. 450.) I have copies of two editions, in black letter, neither of them known to Marina; one, above noticed, printed at Seville, in 1520; and the other at Medina del Campo, in 1555, probably the latest. The laws were subsequently incorporated in the "Nueva Recopilacion."

[46] "Esta ley," says Jovellanos, "que los jurisconsultos llaman a boca llena injusta y barbara, lo es mucho mas por la extension quelos pragmaticas le dieron en sus comentarios." (Informe, p. 76, nota.) The edition of Medina del Campo, in 1555, is swelled by the commentaries of Miguel de Cifuentes, till the text, in the language of bibliographers, looks like "cymba in oceano."

[47] Ante, Part I., Chapter 6.

[48] Leyes del Quaderno Nuevo de las Rentas de las Alcavalas y Franquezas, hecho en la Vega de Granada, (Salamanca, 1550); a little code of 37 folios, containing 147 laws for the regulation of the crown rents. It was made in the Vega of Granada, December 10th, 1491. The greater part of these laws, like so many others of this reign, have been admitted into the "Nueva Recopilacion."

[49] the head of these, undoubtedly, must be placed Dr. Alfonso Diaz de Montalvo, noticed more than once in the course of this History. He illustrated three successive reigns by his labors, which he continued to the close of a long life, and after he had become blind. The Catholic sovereigns highly appreciated his services, and settled a pension on him of 30,000 maravedies. Besides his celebrated compilation of the "Ordenancas Reales," he wrote commentaries on the ancient code of the "Fuero Real," and on the "Siete Partidas," printed for the first time under his own eye, in 1491. (Mendez, Typographia Espanola, p. 183.) Marina (Ensayo, p. 405) has bestowed a beautiful eulogium on this venerable lawyer, who first gave to light the principal Spanish codes, and introduced a spirit of criticism into the national jurisprudence.

[50] This gigantic work was committed, wholly or in part, to Dr. Lorenzo Galindez de Carbajal. He labored many years on it, but the results of his labors, as elsewhere noticed, have never been communicated to the public. See Asso y Manuel, Instituciones, pp. 50, 99.--Marina, Ensayo, pp. 392, 406, and Clemencin, whose Ilust. 9 exhibits a most clear and satisfactory view of the legal compilations under this reign.

[51] Lord Bacon's comment on Henry VII.'s laws, might apply with equal force to these of Ferdinand and Isabella. "Certainly his times for good commonwealth's laws did excel. ***** For his laws, whoso marks them well, are deep, and not vulgar; not made upon the spur of a particular occasion for the present, but out of providence of the future, to make the estate of his people still more and more happy; after the manner of the legislators in ancient and heroical times." Hist. of Henry VII., Works, (ed. 1819,) vol. v. p. 60.

[52] Ante, Part I., Chapter 6.

[53] Pragmáticas del Reyno, fol. 24, 30, 39.--Recop. de las Leyes, (ed. 1640,) tom. i. lib. 2, tit. 5, leyes 1, 2, 3, 11, 12, 20; tit. 7, ley 1.-- Ordenanças Reales, lib. 2. tit. 4. The southern chancery, first opened at Ciudad Real, in 1494, was subsequently transferred by the sovereigns to Granada.

[54] Ante, Part I., Chapter 7, note 39.

[55] Ante, Part I., Chapter 6, note 34.

[56] Riol, Informe, apud Seminario Erudito, tom. iii. p. 149.--It consisted of a vice chancellor, as president, and six ministers, two from each of the three provinces of the crown. It was consulted by the king on all appointments and matters of government. The Italian department was committed to a separate tribunal, called the council of Italy, in 1556. Capmany (Mem. de Barcelona, tom. iv. Apend. 17) has explained at length the functions and authority of this institution.

[57] See the nature and broad extent of these powers, in Recop. de Leyes de las Indias, tom. i. lib. 2, tit. 2, leyes 1, 2.--Also Solorzano, Politica Indiana, tom. ii. lib. 5, cap. 15; who goes no further back than the remodelling of this tribunal under Charles V.--Riol, Informe, apud Semanario Erudito, tom. iii. pp. 159, 160.

The third volume of the Semanario Erudito, pp. 73-233, contains a report, drawn up, by command of Philip V., in 1726, by Don Santiago Augustin Riol, on the organization and state of the various tribunals, civil and ecclesiastical, under Ferdinand and Isabella; together with an account of the papers contained in their archives. It is an able memorial, replete with curious information. It is singular that this interesting and authentic document should have been so little consulted, considering the popular character of the collection in which it is preserved. I do not recollect ever to have met with a reference to it in any author. It was by mere accident, in the absence of a general index, that I stumbled on it in the _mare magnum_ in which it is engulfed.

[58] "Pusieron los Reyes Católicos," says the penetrating Mendoza, "el govierno de la justicia, i cosas públicas en manos de Letrados, gente media entre los grandes i pequeños, sin ofensa de los linos ni de los otros. Cuya profesion eran letras legales, comedimiento, secreto, verdad, vida liana, i sin corrupcion de costumbres." Guerre de Granada, p. 15.

[59] Granada, September 3d, Pragmáticas del Reyno, fol. 135.--A pragmatic of similar import was issued by Henry III. Navarrete, Coleccion de Viages, tom, i., Introd. p. 46.

[60] Granada, August 11th, 1501. Pragmáticas del Reyno, fol. 137.

[61] Alfaro, November 10th, 1495. Ibid., fol. 136.

[62] See a number of these, collected by Navarrete, Coleccion de Viages, Introd. pp. 43, 44.

[63] Cited by Robertson, History of America, vol. iii. p. 305.

[64] The fleet fitted out against the Turks, in 1482, consisted of seventy sail, and that under Gonsalvo, in 1500, of sixty, large and small. (Ante,