The historians' history of the world in twenty-five volumes, volume 10 : $b Spain and Portugal
History
The historians' history of the world in twenty-five volumes, volume 10 : $b Spain and Portugal
World history
The royal audience, or chancery, the supreme and final court of appeal in
civil causes, was entirely remodelled. The place of its sittings, before
indeterminate, and consequently occasioning much trouble and cost to
the litigants, was fixed at Valladolid. Laws were passed to protect the
tribunal from the interference of the crown, and the queen was careful to
fill the bench with magistrates whose wisdom and integrity would afford
the best guarantee for a faithful interpretation of the law. An attorney
was provided at the public expense, under the title of “advocate for the
poor,” whose duty it was to defend the suits of such as were unable to
maintain them at their own cost. The sovereigns testified their respect
for the law by reviving the ancient but obsolete practice of presiding
personally in the tribunals at least once a week. “I well remember,” says
Oviedo,[b] one of their court, “to have seen the queen, together with the
Catholic king her husband, sitting in judgment in the Alcazar of Madrid,
every Friday, dispensing justice to all such, great and small, as came
to demand it. This was indeed the golden age of justice,” continues the
enthusiastic writer, “and since our sainted mistress has been taken from
us, it has been more difficult, and far more costly, to transact business
with a stripling of a secretary, than it was with the queen and all her
ministers.” By the modifications then introduced, the basis was laid of
the judiciary system, such as it has been perpetuated to the present age.
The law acquired an authority which, in the language of a Spanish writer,
“caused a decree, signed by two or three judges, to be more respected
since that time than an army before.”[51]
[Sidenote: [1479-1480 A.D.]]
Whatever reforms might have been introduced into the Castilian
judicatures, they would have been of little avail without a corresponding
improvement in the system of jurisprudence by which their decisions were
to be regulated. This was made up of the Visigothic code as the basis,
the _fueros_ of the Castilian princes, as far back as the eleventh
century, and the _Siete Partidas_, the famous compilation of Alfonso
X, digested chiefly from maxims of the civil law. The deficiencies of
these ancient codes had been gradually supplied by such an accumulation
of statutes and ordinances as rendered the legislation of Castile in
the highest degree complex, and often contradictory. The embarrassment
resulting from this may be imagined.
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