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
The Partidas, however, though by far the most important legislative
monument of its age, did not become at once the law of the land.[68]
On the contrary, the great cities, with their separate privileges,
long resisted any thing like a uniform system of legislation for the
whole country; and it was not till 1348, two years before the death of
Alfonso the Eleventh, and above sixty after that of their author, that
the Partidas were finally proclaimed as of binding authority in all
the territories held by the kings of Castile and Leon. But from that
period the great code of Alfonso has been uniformly respected.[69] It
is, in fact, a sort of Spanish common law, which, with the decisions
under it, has been the basis of Spanish jurisprudence ever since; and
becoming in this way a part of the constitution of the state in all
Spanish colonies, it has, from the time when Louisiana and Florida were
added to the United States, become in some cases the law in our own
country;--so wide may be the influence of a wise legislation.[70]
[68] Much trouble arose from the attempt of Alfonso X. to
introduce his code. Marina, Legislacion, §§ 417-419.
[69] Marina, Legis., § 449. Fuero Juzgo, ed. Acad., Pref., p.
xliii.
[70] See a curious and learned book entitled “The Laws of
the Siete Partidas, which are still in Force in the State of
Louisiana,” translated by L. Moreau Lislet and H. Carleton, New
Orleans, 1820, 2 vols. 8vo; and a discussion on the same subject
in Wheaton’s “Reports of Cases in the Supreme Court of the United
States,” Vol. V. 1820, Appendix; together with various cases in
the other volumes of the Reports of the Supreme Court of the
United States, e. g. Wheaton, Vol. III. 1818, p. 202, note (a).
“We may observe,” says Dunham, (Hist. of Spain and Portugal, Vol.
IV. p. 121,) “that, if all the other codes were banished, Spain
would still have a respectable body of jurisprudence; for we
have the experience of an eminent advocate in the Royal Tribunal
of Appeals for asserting, that, during an extensive practice of
twenty-nine years, scarcely a case occurred which could not be
virtually or expressly decided by the code in question.”
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