be limited or rare, part of the Fuero Juzgo is included in the latter collections and while other portions do not entirely harmonize with the social, juridical and political spirit of the epoch, many of its laws can be found in some form in the present Spanish Civil Code." The same writer calls this code the most famous and most important of all bodies of laws formed after the fall of the Roman Empire.

Provinces, cities and towns were governed by special laws. In one section of the country, one code, statute and custom existed, while the adjoining community was governed by different laws. By the middle of the thirteenth century the situation had become intolerable, and that wise monarch, Alfonso X, caused the laws to be recompiled under the name of the Fuero Real. This collection assumed to contain all the laws and customs of the Castilian monarchy in force at the time of its publication.

Passing over the various other compilations, we come to the famous Partidas published in 1348, which wrought a radical change in Spanish law and jurisprudence. This was probably the most systematic and complete legal work which the world had seen since the publication of the great masterpieces of Roman jurisprudence. It was divided into seven parts, from which came the name by which it is now known."

In 1567 Philip II sanctioned another compilation, which was known as La Nueva Recopilacion. This included all laws in force which had been enacted since the Fuero Real and Partidas, some from the Fuero Juzgo, and others from the laws of Estilo,12 Montalvo,13 the Ordenamiento of Alcala, the Laws of Toro,15 and the autos acordados or pragmaticas, cedulas, ordenes and decretos of the Supreme Court of Spain.

11 A new English translation of this work is being made under the auspices of the Comparative Law Bureau of the American Bar Association.

12 Principally a code of practise of the time of Ferdinand IV. (1295-1312.) 13 A collection of laws made by Alonzo Diaz Montalvo during the time of Ferdinand and Isabella.

14 A collection published in 1348.

15 A body of laws enacted by the Cortes of Toledo in 1502, to explain, correct and supply omission in existing legislation. They were included in the Nueva and Novisima Recopilacion.

Another compilation known as the Novisima Recopilacion was published in 1802. The work was hastily done, and it is generally considered inferior to the earlier compilations. The royal decree of July 15, 1805, made the laws which appear in the Novisima Recopilacion superior to all earlier legislation. But the effect was simply to increase the confusion which already existed, as it left in force the order of prelation, of codes contained in Law 1, of Toro, and Law 28 of the Ordenamiento of Alcala.

Subsequently enacted laws prior to the modern civil codes are found in compilations, some official, and other private, which, however, did not assume the dignity of codes.

After examining the Laws of the Indias and the special laws in force in the Philippines, the lawyers and jurists were required, if they were still in doubt, to turn to the laws of Spain. In addition to the ancient codes and compilations, there had grown up a vast body of what is known on the continent as jurisprudence, that is, the decisions of courts and the commentaries and emanations of the text writers. These became so voluminous that the literature was said to be centum camellorum onus-a burden for a hundred camels.

So confusing were the various compilations that it became necessary to determine their prelation—the order in which they should be applied. In Spain the order of precedence thereafter was: (1) The laws enacted after the Novisima Recopilacion de Castilla; (2) the Novisima Recopilacion de Castilla of 1805; (3) the Fuero Juzgo; (4) the Fuero Real; and then (5) the Partidas.

In the Philippines the laws, royal decrees, royal orders, specially directed to be there in force were controlling and after them came: (1) The Autos Acordados duly made by the Audiencia of Manila; (2) the Recopilacion de Leyes de Las Indias. Cases not determined by either of these were governed by the Novisima Recopilacion de Castilla, the Fuero Juzgo, the Fuero Real, or the Partidas, in the order named.

The Novisima Recopilacion and the Partidas were largely

drawn on because they contained both civil and criminal laws and provisions relating to civil and criminal procedure. Notwithstanding the statutory order of procedure, the Partidas, which were composed in the thirteenth century, were generally given preference as authority over the Novisima Recopilacion. "All who have studied the legislation of Spain," says Chief Justice Arellano, "know that the Partidas were oftener quoted, were better known, and more often applied than the Novisima Recopilacion, although the Recopilacion, being more modern and the one ordered to be complied with, should have enjoyed greater authority."

It is probable that the lawyers and jurists were more attracted by the principles of Roman Law which were embodied in the Partidas than by the pure Spanish law and the elements of German law derived from the earlier codes contained in the Novisima Recopilacion. The Partidas also had other attractions, not always found in legal treaties and compilations. As said by the learned Alonzo Martinez in a speech delivered at the opening of the Supreme Court of Spain:18 "The Siete Partidas are undoubtedly in principle and form by reason of their contents, the clearness of their composition, and the inimitable graceful language and style, an imperishable monument of wisdom without rival in Europe during the Middle Ages; and as everything which is superior rules by legitimate right, this code has been in the past and still is, the beacon which illumines and guides the courts, judges, and lawyers through the darkness of our contracted and contradictory civil legislation."

But even with all these compilations, there were cases for the determination of which resort must be had to the laws of Spain, enacted after the publication of the Novisima Recopilacion and the codes in the order of precedence established for Spain. With all this complicated confusion it is easy to believe, as has been stated, that during the last quarter of the nineteenth century the tendency of lawyers and judges was to rely on the general principles of jurisprudence rather than attempt 16 Rept. Phil. Com., 1900, Appendix, p. 236.

to find a definite rule in the labyrinth of ancient and modern laws and codes.

The modern civil code, which was promulgated in 1889, originated in the Cortes of Cadiz in 1811. Two years later a committee of the most distinguished lawyers and statesmen of Spain was appointed and charged with the duty of codifying the most important branches of Spanish law. The project was officially abandoned during the reactionary period, but in 1821 it was revived, and thereafter a part of the civil code was published. The overthrow of constitutional government in 1823 threw the work into the background where it was carried on by private persons, who in 1839 presented a complete project to the Cortes. No action was taken thereon. In 1843 it was again taken up officially. A new committee of twenty-four eminent jurists was appointed, which, after almost ten years of labor, submitted what is commonly known as the Project of 1851.

For several years it was circulated among jurists and statesmen, and criticism and suggestions were invited. Both were freely given. So important was the work considered that the Royal Academy of Jurisprudence and Legislation convened a special juridical congress for its discussion. Localities jealous of their special laws succeeded in injecting certain exceptions which cast doubt on how far the old compilations were abrogated by the new code. As finally promulgated in 1889, the new code was not entirely satisfactory, as the exceptions added one more to the list of legal puzzles with which Spanish jurisprudence was already so well supplied. But this particular difficulty was not important in the Philippines, where the local and customary laws of particular Spanish communities, of course, never were applicable.

The Penal Code went into effect in the Philippines in 1886, and as modified by Order No. 58 and subsequent American legislation is now in force.

The first governor-general of the Philippines was vested with full power to administer civil and criminal justice and to

hear and determine all civil and criminal actions which might arise in the islands. Until the middle of the last century, to a great extent, the governors were judges and the judges were governors, and both were legislators and administrators. Original and appellate judicial powers were vested in Legaspi by the royal order of his appointment, and to the first royal audiencia was given "the same authority and preeminence as each of the royal audiencias of the town of Valladolid and the city of Granada." The territorial district within which this august body was to exercise its power was described in generous terms as including "the Island of Luzon and other Islands of the Archipelago of China and the mainlands of the same, whether discovered or to be discovered." It had appellate jurisdiction in all civil and criminal cases appealed from the decisions of the governors, alcaldes-mayores and other magistrates. Its original jurisdiction was limited to cases which, on account of their importance, the amount involved, and the dignity of the parties, might be tried in the Superior Court, and criminal cases arising in the place where the court might meet. Appeals from judgments in civil cases might within one year be taken to the king if the amount involved was large.

The audiencia was more than the Supreme Court of the Archipelago, as it was charged with the performance of many duties which were purely administrative. Prior to the year 1715 it took over the civil government in the interim between the death or departure of a governor-general and the arrival of his successor, while the duties of captain-general were assumed by the senior magistrate. The president of the audiencia was required to send annually to the Council of the Indias carefully itemized and descriptive lists showing the salaries, payments, fees and allowances paid by the royal treasury; a

17 The first royal audiencia, the Audiencia de Territorial de Manila, was established May 5, 1582. See B. & R., V., p. 274, and VI, p. 35, where the instrument stating its powers and duties is printed. It was abolished August 9, 1589, and reestablished May 25, 1596, under the name of the Audencia de Chancilleria Real de Manila. It was reorganized by royal Cedula, in 1776, in 1815, in 1855, and again in 1886, when the Audiencia Territorial de Cebu was created.