Page:History of the Reign of Ferdinand and Isabella the Catholic Vol. III.djvu/470

442 442 FERDINAND AND ISABELLA. PART limits, somewhat loosely defined, would be very '. — nicely observed ; and under preceding reigns this branch of prerogative had been most intolerably abused. ^^ A large proportion of these laws are of an eco- nomical character, designed to foster trade and manufactures, and to secure fairness in commercial dealings. ^^ Many are directed against the growing spirit of luxury, and many more occupied with the organization of the public tribunals. Whatever be thought of their wisdom in some cases, it will not be easy to detect any attempt to innovate on the settled principles of criminal jurisprudence, or on those regulating the transfer of property. When these were to be discussed, the sovereigns were careful to call in the aid of the legislature ; an ex- ample which found little favor with their succes- sors.^" It is good evidence of the public confidence del Reyno, que se imprimio la pri- 29 Indeed, it is worthy of re- mera vez en Alcala en 1528. (In- mark, as evincing the progress of stituciones, Introd., p. 110.) This civilization under this reign, that is an error ; — see note 43, infra. most of the criminal legislation is 23 " Por la presente prematica- to be referred to its commencement, sencion," said John II., in one of while the laws of tiie subsequent his ordinances, " lo cual lodo e ca- period chiefly concern the new re- da cosa dello ti parte dello quiero e lations which grow out of an in- mando /j ordeno que se guarde 6 creased domestic industry. It is in cumpladaqui adelante parasiempre the " Ordenancas Reales," and jamas on todas lascibdades^ villas " Leyes de la Hermandad," both k. logares non enibargante cuales- published by 1485, that we must quier leyes 6 fueros 6 derechos look for the measures against vio- 6 ordenamientos, constituciones e lence and rapine, posesiones e prematicas-senciones, "^*' Thus, for example, the im- e USDS 6 costumbres, ca en cuanto portant criminal laws of the Her- a est oatafie yo los abrogo 6 dero- mandad, and the civil code called go." Marina, Teoria, tom. ii. p. the " Laws of Toro," were made 216.) This was the very essence under the express sanction of the of despotism, and John found it commons. (Leyes de la Herman- expedient to retract tiiese expres- dad, fol. l. — Quadernode las Leyes sions, on the subsequent rcmon- y Nuevas Decisiones hechas y strance of cortes. ordenadas en la Ciudad de Toro,