History of Spanish Literature, vol. 1 (of 3)Ticknor, George
History
History of Spanish Literature, vol. 1 (of 3)
Ticknor, George
Spanish literature -- History and criticism
[62] There is a curious collection of documents, published by
royal authority, (Madrid, 1829-33, 6 tom. 8vo,) called “Coleccion
de Cédulas, Cartas, Patentes,” etc., relating to Biscay and
the Northern provinces, where the Castilian first appeared.
They contain nothing in that language so old as the letter of
confirmation to the Fueros of Avilés by Alfonso the Seventh
already noted; but they contain materials of some value for
tracing the decay of the Latin, by documents dated from the year
804 downwards. (Tom. VI. p. 1.) There is, however, a difficulty
relating both to the documents in Latin and to those in the
early modern dialect; e. g. in relation to the one in Tom. V. p.
120, dated 1197. It is, that we are not certain that we possess
them in precisely their _original_ form and integrity. Indeed,
in not a few instances we are sure of the opposite. For these
Fueros, Privilegios, or whatever they are called, being but
arbitrary grants of an absolute monarch, the persons to whom they
were made were careful to procure confirmations of them from
succeeding sovereigns, as often as they could; and when these
confirmations were made, the original document, if in Latin, was
sometimes translated, as was that of Peter the Cruel, given by
Marina (Teoría de las Cortes, Madrid, 1813, 4to, Tom. III. p.
11); or, if in the modern dialect, it was sometimes copied and
accommodated to the changed language and spelling of the age.
Such confirmations were in some cases numerous, as in the grant
first cited, which was confirmed thirteen times between 1231 and
1621. Now it does not appear from the published documents in
this Coleccion what is, in each instance, the true date of the
particular version used. The Avilés document, however, is not
liable to this objection. It is extant on the original parchment,
upon which the confirmation was made in 1155, with the original
signatures of the persons who made it, as testified by the most
competent witnesses. See _post_, Vol. III., Appendix (A), near
the end.
[63] Fuero Juzgo is a barbarous phrase, which signifies the
same as Forum Judicum, and is perhaps a corruption of it.
(Covarrubias, Tesoro, Madrid, 1674, fol., _ad verb._) The first
printed edition of the Fuero Juzgo is of 1600; the best is that
by the Academy, in Latin and Spanish, Madrid, 1815, folio.
Public-domain text, read in full here on John Shaqi.
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