[8] Bernaldez, Reyes Católicos, MS., cap. 30.—Pulgar, Reyes Católicos, part. 2, cap. 78.
[9] "Era muy inclinada," says Pulgar, "á facer justicia, tanto que le era imputado seguir mas la via de rigor que de la piedad; y esto facia por remediar á la gran corrupcion de crímines que falló en el Reyno quando subcedió en él." Reyes Católicos, p. 37.
[10] Pulgar, Reyes Católicos, part. 2, cap. 97, 98.—L. Marineo, Cosas Memorables, fol. 162.
[11] Ordenanças Reales de Castilla, (Burgos, 1528,) lib. 2, tit. 3, ley 31.
This constitutional, though, as it would seem, impotent right of the nobility, is noticed by Sempere. (Hist. des Cortès, pp. 123, 129.) It should not have escaped Marina.
[12] Lib. 2, tit. 3, of the Ordenanças Reales is devoted to the royal council. The number of the members was limited to one prelate, as president, three knights, and eight or nine jurists. (Prólogo.) The sessions were to be held every day, in the palace. (Leyes 1, 2.) They were instructed to refer to the other tribunals all matters not strictly coming within their own jurisdiction. (Ley 4.) Their acts, in all cases except those specially reserved, were to have the force of law without the royal signature. (Leyes 23, 24.) See also Los Doctores Asso y Manuel, Instituciones del Derecho Civil de Castilla, (Madrid, 1792,) Introd. p. 111; and Santiago Agustin Riol, Informe, apud Semanario Erudito, (Madrid, 1788,) tom. iii. p. 114, who is mistaken in stating the number of jurists in the council, at this time, at sixteen; a change, which did not take place till Philip II.'s reign. (Recop. de las Leyes, lib. 2, tit. 4, ley 1.)
Marina denies that the council could constitutionally exercise any judicial authority, at least, in suits between private parties, and quotes a passage from Pulgar, showing that its usurpations in this way were restrained by Ferdinand and Isabella. (Teoría, part. 2, cap. 29.) Powers of this nature, however, to a considerable extent, appear to have been conceded to it by more than one statute under this reign. See Recop. de las Leyes, (lib. 2, tit. 4, leyes 20, 22, and tit. 5, ley 12,) and the unqualified testimony of Riol, Informe, apud Semanario Erudito, ubi supra.
[13] Ordenanças Reales, lib. 2, tit. 4.—Marina, Teoría de las Cortes, part. 2, cap. 25.
By one of the statutes, (ley 4,) the commission of the judges, which, before extended to life, or a long period, was abridged to one year. This important innovation was made at the earnest and repeated remonstrance of cortes, who traced the remissness and corruption, too frequent of late in the court, to the circumstance that its decisions were not liable to be reviewed during life. (Teoría, ubi supra.) The legislature probably mistook the true cause of the evil. Few will doubt, at any rate, that the remedy proposed must have been fraught with far greater.
[14] Ordenanças Reales, lib. 2, tit. 1, 3, 4, 15, 16, 17, 19; lib. 3, tit. 2.—Recop. de las Leyes, lib. 2, tit. 4, 5, 16.—Pulgar, Reyes Católicos, part. 2, cap. 94.