Page:C. Cunningham- "The Institutional Background of Spanish American History".djvu/9

From Wikisource
Jump to navigation Jump to search
This page has been validated.
32
THE HISPANIC AMERICAN HISTORICAL REVIEW

centralization, though in the colonies the alcalde mayor was a provincial official and not municipal. Another official of importance whom we note with well defined powers in the fourteenth century was the pesquisidor.[1] He was a royal investigator, usually of higher rank than the corregidor and delegated from some higher tribunal. This official may be considered as the forerunner of the pesquisidor of the colonial era. Lastly, the oidor (hearer) or judge-letrado of the audiencia should be noted as a product of the fourteenth century. He was a trained magistrate and for the exercise of his office the highest qualifications were necessary. He was a permanent member of the tribunal and he left it only when delegated to go on a tour of inspection with a special commission as pesquisidor or visitor of the provinces in the king's name.

It is wellknown that the period from the eleventh to the fifteenth century was an important one in the formulation of Spanish law as well as in the development of institutions of government. First there were the Visigothic codes, whose significance as the basis of Spanish law is well known. Various important contributions were made by the Council of Leon in 1020, and by the numerous fueros which were issued subsequently, especially the municipal fueros, in the eleventh and twelfth centuries. Of great significance, also were the other enactments of the thirteenth century, especially the Fuero Real of 1255 and the Siete Partidas whose codification was begun the following year, and finished in 1265. Most important among the subsequent decisions and enactments incorporated into the body of Spanish law, were those of the Cortes of Zamora in 1274, the Cortes of Segovia in 1347, the Ordinance of Alcala in 1348 and those of Toro of 1369. The outcome of all these, together with subsequent royal decrees and judicial decisions of the fifteenth and sixteenth centuries was the Recopilación of Castile, which was published first by Philip II. in 1567.

  1. Novissima Recopilación, lib. 12, tit. 24, leyes 1 and 2 were a part of the Fuero Real of 1255. This would show, of course, that the pesquisidor' antedated the fourteenth century. Leyes 3 and 4 of the same title were promulgated in 1325 and 1369 respectively, and they outline with considerable detail the method of conducting pesquisas.