Page:History of the Reign of Ferdinand and Isabella the Catholic Vol. I.djvu/70

lii INTRODUCTION. Its boldness. iNTROD. The nomination of regencies was subject to their approbation, and thej defined the nature of the au- thority to be intrusted to them. Their consent was esteemed indispensable to the validity of a title to the crown, and this prerogative, or at least the image of it, has continued to survive the wreck of their ancient liberties. ^^ Finally, they more than once set aside the testamentary provisions of the sovereigns in regard to the succession. ^^ Without going further into detail, enough has been said to show the high powers claimed by the commons, previously to the fifteenth century, which, instead of being confined to ordinary subjects of legislation, seem, in some instances, to have reached to the executive duties of the administration. It would, indeed, show but little acquaintance with the social condition of the middle ages, to suppose that the practical exercise of these powers always corresponded with their theory. We trace repeated instances, it is true, in which they were claimed and successfully exerted ; while, on the other hand, the multiplicity of remedial statutes proves too of the cortes to be consulted on questions of war and peace, of which he adduces several prece- dents. (Teoria, part. 2, cap. 19, 20.) Their interference in what is so generally held the peculiar province of the executive, was per- haps encouraged by the sovereign, with the politic design of relieving himself of the responsibility of measures, whose success must de- pend eventually on their support. Hallam notices a similar policy of the crown, under Edward III., in his view of the English constitu- tion during the middle ages. View of the State of Europe during the ]Iiddle Ages, (London, 1819,) vol. iii. chap. 8. 38 The recognition of the title of the heir apparent, by a cortes convoked for that purpose, has con- tinued to be observed in Castile down to the present time. Practica y Estilo, p. 229. 39 For the preceding notice of the cortes, see Marina, Teoria, part. 2, cap. 13, 19, 20, 21, 31 35, 37, 38.