History of the Reign of Philip the Second King of Spain, Vol. 3: And Biographical & Critical MiscellaniesPrescott, William Hickling
History
History of the Reign of Philip the Second King of Spain, Vol. 3: And Biographical & Critical Miscellanies
Prescott, William Hickling
Philip II, King of Spain, 1527-1598; Spain -- History -- Philip II, 1556-1598
This kind of pragmatic, though made doubtless in accordance with the
popular feeling, inferred a stretch of arbitrary power that cannot be
charged on those which emanated directly from the suggestion of the
legislature. In this respect, however, it fell far short of those
ordinances which proceeded exclusively from the royal will, without
reference to the wishes of the commons. Such ordinances--and they were
probably more numerous than any other class of laws during this
reign--are doubtless among the most arbitrary acts of which a monarch
can be guilty; for they imply nothing less than an assumption of the
law-making power into his own hands. Indeed, they met with a strong
remonstrance in the year 1579, when Philip was besought by the commons
not to make any laws but such as had first received the sanction of the
Cortes.[434] Yet Philip might vindicate himself by the example of his
predecessors--even of those who, like Ferdinand and Isabella, had most
at heart the interests of the nation.[435]
It must be further admitted, that the more regular mode of proceeding,
with the co-operation of the Cortes, had in it much to warrant the idea,
that the real right of legislation was vested in the king. A petition,
usually couched in the most humble terms, prayed his majesty to give his
assent to the law proposed. This he did in a few words; or, what was
much more common, he refused to give it, declaring that, in the existing
case, "it was not expedient that any change should be made." It was
observed that the number of cases in which Philip rejected the petitions
of the commons was much greater than had been usual with former
sovereigns.
[Sidenote: THE GUARDS OF CASTILE.]
A more frequent practice with Philip was one that better suited his
hesitating nature and habit of procrastination. He replied in ambiguous
terms, that "he would take the matter into consideration," or "that he
would lay it before his council, and take such measures as would be best
for his service." Thus the Cortes adjourned in ignorance of the fate of
their petitions. Even when he announced his assent, as it was left to
him to prescribe the terms of the law, it might be more or less
conformable to those of the petition. The Cortes having been dismissed,
there was no redress to be obtained if the law did not express their
views, nor could any remonstrance be presented by that body until their
next session, usually three years later. The practice established by
Charles the Fifth, of postponing the presenting of petitions till the
supplies had been voted, and the immediate adjournment of the
legislature afterwards, secured an absolute authority to the princes of
the house of Austria, that made a fearful change in the ancient
constitution of Castile.
Public-domain text, read in full here on John Shaqi.
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