A History of Spain: founded on the Historia de España y de la civilización española of Rafael AltamiraChapman, Charles E. (Charles Edward)
History
A History of Spain: founded on the Historia de España y de la civilización española of Rafael Altamira
Chapman, Charles E. (Charles Edward)
Spain -- Civilization; Spain -- History
between the stockmen and the farmers, and the reform of judicial
procedure. It was also affirmed several times,--in 1348, for
example,--that there could be no new tax without a grant of the
_Cortes_. The laws of Alfonso X insisted upon the king’s sole right to
legislate, however, and this principle was maintained by the later
kings, for despite the fact that a law of 1387 declared that the
ordinances of the _Cortes_ were irrevocable, unless by the act of a
_Cortes_ itself, the kings proceeded according to their own pleasure,
apparently regarding the concession of 1387 as purely theoretical. The
ordinances of the various _Cortes_ appeared without method or plan, and
lacked the full force of law, but they demonstrated the enormous
activity of this body, and were in fact a basis for much legislation,
both at the time and in later years. In organization the _Cortes_
followed the general practices of the preceding era. Among the
comparatively few novelties may be mentioned a law of Juan II, fixing
the number of representatives from a town as two, and a law of 1351
granting immunity from arrest to members of the _Cortes_ while that body
was in session. Up to 1301 Castile and León had a separate _Cortes_,
although there were a number of joint meetings before that date. After
1301 there was but a single _Cortes_ for the entire kingdom.
[Sidenote: Diversity in the laws and tendencies toward unification.]
Not only in the ordinances of the _Cortes_, but also in the general laws
of the king without intervention of the _Cortes_, in grants of municipal
charters, and in the innumerable private grants (often modifying the
general law) this period was exceedingly rich in legislation. The fame
of the laws of Alfonso X and of Alfonso XI has obscured the legislation
of other reigns, but the output of the other kings was great in
quantity, if less in importance than that of the two Alfonsos. Diversity
was still a leading characteristic of the legislation. For example, from
Alfonso X to 1299 at least 127 local charters were granted; in the
fourteenth century at least 94; and in the fifteenth, at least 5,
although many were reproductions or slight modifications of certain
typical charters. The _Fuero Juzgo_ continued to be the general law, but
there was very little of it which was not contradicted or changed by
other legislation. A tendency toward unification of the laws manifested
itself in many ways, however. Alfonso X issued a municipal charter in
1254, variously named, but usually called the _Fuero Real_ (Royal
Charter), which was a new model, more complete and systematic than those
which had preceded it, but based on those already in existence and on
the _Fuero Juzgo_, preserving the Visigothic and early Leonese and
Castilian principles of law. The _Fuero Real_ was adopted as
supplementary law for use in cases of appeal to the royal courts, but
was also granted as the local charter of a great many towns, being the
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