Page:History of the Reign of Ferdinand and Isabella the Catholic Vol. I.djvu/68

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INTRODUCTION.

to the validity of legislative acts;^[1] for their presence was not even required in many assemblies of the nation which occurred in the fourteenth and fifteenth centuries.^[2] The extraordinary power thus committed to the commons was, on the whole, unfavorable to their liberties. It deprived them of the sympathy and cooperation of the great orders of the state, whose authority alone could have enabled them to withstand the encroachments of arbitrary power, and who, in fact, did eventually desert them in their utmost need.^[3]

Its great powers But, notwithstanding these defects, the popular branch of the Castilian cortes, very soon after its admission into that body, assumed functions and exercised a degree of power on the whole superior to that enjoyed by it in other European legislatures. It was soon recognised as a fundamental principle of the constitution, that no tax could be imposed without its consent;^[4] and an express en-

↑ This, however, so contrary to the analogy of other European governments, is expressly contradicted by the declaration of the nobles, at the cortes of Toledo, in 1538. " Oida esta respuesta se dijo, que pues S. M. habia dicho que no eran Córtes ni habia Brazos, no podian tratar cosa alguna, que ellos sin procuradores, y los procuradorcs sin cllos, no scria valido lo que hiciercn. Relacion del Conde de Coruña, apud Capmany, Práctica y Esiilo, p. 217.
↑ This omission of the privileged orders was almost uniform under Charles V. and his successors. But it would be unfair to seek for constitutional precedent in the usages of a government, whose avowed policy was altogether subversive of the constitution.
↑ During the famous war of the Comunidades, under Charles V. For the preceding paragraph consult Marina, (Teoria, part. 1, cap. 10, 20, 26, 29,) and Capmany. (Práctica y Estilo, pp. 220-250.) The municipalities of Castile seem to have reposed but a very limited confidence in their delegates, whom they furnished with instructions, to which they were bound to conform themselves literally. See Marina, Teoria, part. 1, cap. 23.
↑ The term "fundamental principle " is fully authorized by the existence of repeated enactments to this effect. Sempere, who admits the "usage," objects to the

[1] This, however, so contrary to the analogy of other European governments, is expressly contradicted by the declaration of the nobles, at the cortes of Toledo, in 1538. " Oida esta respuesta se dijo, que pues S. M. habia dicho que no eran Córtes ni habia Brazos, no podian tratar cosa alguna, que ellos sin procuradores, y los procuradorcs sin cllos, no scria valido lo que hiciercn. Relacion del Conde de Coruña, apud Capmany, Práctica y Esiilo, p. 217.

[2] This omission of the privileged orders was almost uniform under Charles V. and his successors. But it would be unfair to seek for constitutional precedent in the usages of a government, whose avowed policy was altogether subversive of the constitution.

[3] During the famous war of the Comunidades, under Charles V. For the preceding paragraph consult Marina, (Teoria, part. 1, cap. 10, 20, 26, 29,) and Capmany. (Práctica y Estilo, pp. 220-250.) The municipalities of Castile seem to have reposed but a very limited confidence in their delegates, whom they furnished with instructions, to which they were bound to conform themselves literally. See Marina, Teoria, part. 1, cap. 23.

[4] The term "fundamental principle " is fully authorized by the existence of repeated enactments to this effect. Sempere, who admits the "usage," objects to the

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