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
In common with other European countries Spain developed a diplomatic
service in this period. The sending of special embassies and the making
of treaties had been customary since ancient times, but the practice of
appointing ministers to reside at foreign courts and that of receiving
those sent from abroad did not begin in Spain until the reign of Charles
I. The initiative had come earlier from the Italian republics. From this
time forward Spanish diplomacy, like that of other countries, took on a
modern form, and ambassadors sent reports about the state of the
countries to which they were accredited, strove to obtain advantages for
Spain, endeavored to check the intrigues of the ambassadors of other
nations, and made treaties. The use of spies as an auxiliary to
ambassadorial work was general. For a time Spanish diplomacy enjoyed a
high reputation for success, but in the later seventeenth century it was
quite overshadowed by the French.
[Sidenote: The _Nueva Recopilación_ and other codes.]
The absolutism of the monarchy, its bureaucratic character, and the
instinct of the _letrados_ for reducing everything to rules and
regulations produced an abundance of legislation, much of which was
exceedingly minute in detail and casual in subject-matter. It was
natural therefore that there should be a desire for a fresh
codification, and this at length took shape in a compilation by
Bartolomé de Arrieta in 1567 of the _Nueva Recopilación_ (New
Compendium, or Compilation), so-called with reference to the code of
Montalvo, its predecessor, of the period of the Catholic Kings. The new
collection, which was for Castile only, filled nine volumes, and
amounted to little more than an elaboration of the _Ordenanzas_ of
Montalvo, with the addition of laws enacted since 1484. It contained the
same defects, omitting many royal orders or petitions of the _Cortes_
which had been granted, neglecting to eliminate obsolete laws, and
failing to correct others whose text contained errors. Furthermore, in
perpetuating the hierarchy of legal sources which had been established
in the _Leyes de Toro_ it failed to distinguish between laws in the
so-called supplementary codes (such as the _Partidas_) which were indeed
supplementary or obsolete and those which had in fact come to be in
force as the principal law. As a result the _Nueva Recopilación_ was
generally discredited, and the Roman law of the _Partidas_, or even of
the code of Justinian, was cited in preference. The force of government
maintained the new code, however, and it ran through four more
editions,--1581, 1592, 1598, and 1640,--and in each case added
legislation since the preceding publication. The zeal for codification
found expression also in Aragon, Catalonia, Vizcaya, and Guipúzcoa,
while the laws with regard to the Americas were gathered together, after
various lesser publications had been made in earlier times, in the
_Recopilación de las Leyes de Indias_, first issued in 1680. The
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account