The History of the Reign of Ferdinand and Isabella the Catholic — Volume 1

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HISTORY OF THE REIGN OF FERDINAND AND ISABELLA, THE CATHOLIC.

BY WILLIAM H. PRESCOTT.

IN THREE VOLUMES. VOL. I.

TO THE HONORABLE WILLIAM PRESCOTT, LL.D., THE GUIDE OF MY YOUTH, MY BEST FRIEND IN RIPER YEARS, THESE VOLUMES, WITH THE WARMEST FEELINGS OF FILIAL AFFECTION, ARE RESPECTFULLY INSCRIBED.

PREFACE

TO THE FIRST EDITION.

English writers have done more for the illustration of Spanish history, than for that of any other except their own. To say nothing of the recent general compendium, executed for the "Cabinet Cyclopaedia," a work of singular acuteness and information, we have particular narratives of the several reigns, in an unbroken series, from the emperor Charles the Fifth (the First of Spain) to Charles the Third, at the close of the last century, by authors whose names are a sufficient guaranty for the excellence of their productions. It is singular, that, with this attention to the modern history of the Peninsula, there should be no particular account of the period which may be considered as the proper basis of it,— the reign of Ferdinand and Isabella.

In this reign, the several States, into which the country had been broken up for ages, were brought under a common rule; the kingdom of Naples was conquered; America discovered and colonized; the ancient empire of the Spanish Arabs subverted; the dread tribunal of the Modern Inquisition established; the Jews, who contributed so sensibly to the wealth and civilization of the country, were banished; and, in fine, such changes were introduced into the interior administration of the monarchy, as have left a permanent impression on the character and condition of the nation.

The actors in these events were every way suited to their importance. Besides the reigning sovereigns, Ferdinand and Isabella, the latter certainly one of the most interesting personages in history, we have, in political affairs, that consummate statesman, Cardinal Ximenes, in military, the "Great Captain," Gonsalvo de Cordova, and in maritime, the most successful navigator of any age, Christopher Columbus; whose entire biographies fall within the limits of this period. Even such portions of it as have been incidentally touched by English writers, as the Italian wars, for example, have been drawn so exclusively from French and Italian sources, that they may be said to be untrodden ground for the historian of Spain. [1]

It must be admitted, however, that an account of this reign could not have been undertaken at any preceding period, with anything like the advantages at present afforded; owing to the light which recent researches of Spanish scholars, in the greater freedom of inquiry now enjoyed, have shed on some of its most interesting and least familiar features. The most important of the works to which I allude are, the History of the Inquisition, from official documents, by its secretary, Llorente; the analysis of the political institutions of the kingdom, by such writers as Marina, Sempere, and Capmany; the literal version, now made for the first time, of the Spanish-Arab chronicles, by Conde; the collection of original and unpublished documents, illustrating the history of Columbus and the early Castilian navigators, by Navarrete; and, lastly, the copious illustrations of Isabella's reign, by Clemencin, the late lamented secretary of the Royal Academy of History, forming the sixth volume of its valuable Memoirs.

It was the knowledge of these facilities for doing justice to this subject, as well as its intrinsic merits, which led me, ten years since, to select it; and surely no subject could be found more suitable for the pen of an American, than a history of that reign, under the auspices of which the existence of his own favored quarter of the globe was first revealed. As I was conscious that the value of the history must depend mainly on that of its materials, I have spared neither pains nor expense, from the first, in collecting the most authentic. In accomplishing this, I must acknowledge the services of my friends, Mr. Alexander H. Everett, then minister plenipotentiary from the United States to the court of Madrid, Mr. Arthur Middleton, secretary of the American legation, and, above all, Mr. O. Rich, now American consul for the Balearic Islands, a gentleman, whose extensive bibliographical knowledge, and unwearied researches, during a long residence in the Peninsula, have been liberally employed for the benefit both of his own country and of England. With such assistance, I flatter myself that I have been enabled to secure whatever can materially conduce to the illustration of the period in question, whether in the form of chronicle, memoir, private correspondence, legal codes, or official documents. Among these are various contemporary manuscripts, covering the whole ground of the narrative, none of which have been printed, and some of them but little known to Spanish scholars. In obtaining copies of these from the public libraries, I must add, that I have found facilities under the present liberal government, which were denied me under the preceding. In addition to these sources of information, I have availed myself, in the part of the work occupied with literary criticism and history, of the library of my friend, Mr. George Ticknor, who during a visit to Spain, some years since, collected whatever was rare and valuable in the literature of the Peninsula. I must further acknowledge my obligations to the library of Harvard University, in Cambridge, from whose rich repository of books relating to our own country I have derived material aid. And, lastly, I must not omit to notice the favors of another kind for which I am indebted to my friend, Mr. William H. Gardiner, whose judicious counsels have been of essential benefit to me in the revision of my labors.

In the plan of the work, I have not limited myself to a strict chronological narrative of passing events, but have occasionally paused, at the expense, perhaps, of some interest in the story, to seek such collateral information as might bring these events into a clearer view. I have devoted a liberal portion of the work to the literary progress of the nation, conceiving this quite as essential a part of its history as civil and military details. I have occasionally introduced, at the close of the chapters, a critical notice of the authorities used, that the reader may form some estimate of their comparative value and credibility. Finally, I have endeavored to present him with such an account of the state of affairs, both before the accession, and at the demise of the Catholic sovereigns, as might afford him the best points of view for surveying the entire results of their reign.

How far I have succeeded in the execution of this plan, must be left to the reader's candid judgment. Many errors he may be able to detect. Sure I am, there can be no one more sensible of my deficiencies than myself; although it was not till after practical experience, that I could fully estimate the difficulty of obtaining anything like a faithful portraiture of a distant age, amidst the shifting hues and perplexing cross lights of historic testimony. From one class of errors my subject necessarily exempts me; those founded on national or party feeling. I may have been more open to another fault; that of too strong a bias in favor of my principal actors; for characters, noble and interesting in themselves, naturally beget a sort of partiality akin to friendship, in the historian's mind, accustomed to the daily contemplation of them. Whatever defects may be charged on the work, I can at least assure myself, that it is an honest record of a reign important in itself, new to the reader in an English dress, and resting on a solid basis of authentic materials, such as probably could not be met with out of Spain, nor in it without much difficulty.

I hope I shall be acquitted of egotism, although I add a few words respecting the peculiar embarrassments I have encountered, in composing these volumes. Soon after my arrangements were made, early in 1826, for obtaining the necessary materials from Madrid, I was deprived of the use of my eyes for all purposes of reading and writing, and had no prospect of again recovering it. This was a serious obstacle to the prosecution of a work requiring the perusal of a large mass of authorities, in various languages, the contents of which were to be carefully collated, and transferred to my own pages, verified by minute reference. [2] Thus shut out from one sense, I was driven to rely exclusively on another, and to make the ear do the work of the eye. With the assistance of a reader, uninitiated, it may be added, in any modern language but his own, I worked my way through several venerable Castilian quartos, until I was satisfied of the practicability of the undertaking. I next procured the services of one more competent to aid me in pursuing my historical inquiries. The process was slow and irksome enough, doubtless, to both parties, at least till my ear was accommodated to foreign sounds, and an antiquated, oftentimes barbarous phraseology, when my progress became more sensible, and I was cheered with the prospect of success. It certainly would have been a far more serious misfortune, to be led thus blindfold through the pleasant paths of literature; but my track stretched, for the most part, across dreary wastes, where no beauty lurked, to arrest the traveller's eye and charm his senses. After persevering in this course for some years, my eyes, by the blessing of Providence, recovered sufficient strength to allow me to use them, with tolerable freedom, in the prosecution of my labors, and in the revision of all previously written. I hope I shall not be misunderstood, as stating these circumstances to deprecate the severity of criticism, since I am inclined to think the greater circumspection I have been compelled to use has left me, on the whole, less exposed to inaccuracies, than I should have been in the ordinary mode of composition. But, as I reflect on the many sober hours I have passed in wading through black letter tomes, and through manuscripts whose doubtful orthography and defiance of all punctuation were so many stumbling-blocks to my amanuensis, it calls up a scene of whimsical distresses, not usually encountered, on which the good-natured reader may, perhaps, allow I have some right, now that I have got the better of them, to dwell with satisfaction.

I will only remark, in conclusion of this too prolix discussion about myself, that while making my tortoise-like progress, I saw what I had fondly looked upon as my own ground, (having indeed lain unmolested by any other invader for so many ages,) suddenly entered, and in part occupied, by one of my countrymen. I allude to Mr. Irving's "History of Columbus," and "Chronicle of Granada;" the subjects of which, although covering but a small part of my whole plan, form certainly two of its most brilliant portions. Now, alas! if not devoid of interest, they are, at least, stripped of the charm of novelty. For what eye has not been attracted to the spot on which the light of that writer's genius has fallen?

I cannot quit the subject which has so long occupied me, without one glance at the present unhappy condition of Spain; who, shorn of her ancient splendor, humbled by the loss of empire abroad, and credit at home, is abandoned to all the evils of anarchy. Yet, deplorable as this condition is, it is not so bad as the lethargy in which she has been sunk for ages. Better be hurried forward for a season on the wings of the tempest, than stagnate in a deathlike calm, fatal alike to intellectual and moral progress. The crisis of a revolution, when old things are passing away, and new ones are not yet established, is, indeed, fearful. Even the immediate consequences of its achievement are scarcely less so to a people who have yet to learn by experiment the precise form of institutions best suited to their wants, and to accommodate their character to these institutions. Such results must come with time, however, if the nation be but true to itself. And that they will come, sooner or later, to the Spaniards, surely no one can distrust who is at all conversant with their earlier history, and has witnessed the examples it affords of heroic virtue, devoted patriotism, and generous love of freedom;

"Chè l'antico valore ——non è ancor morto."

Clouds and darkness have, indeed, settled thick around the throne of the youthful Isabella; but not a deeper darkness than that which covered the land in the first years of her illustrious namesake; and we may humbly trust, that the same Providence, which guided her reign to so prosperous a termination, may carry the nation safe through its present perils, and secure to it the greatest of earthly blessings, civil and religious liberty.

November, 1837.

FOOTNOTES

[1] The only histories of this reign by continental writers, with which I am acquainted, are the "Histoire des Rois Catholiques Ferdinand et Isabelle, par l'Abbé Mignot, Paris, 1766," and the "Geschichte der Regierung Ferdinand des Katholischen, von Rupert Becker, Prag und Leipzig, 1790." Their authors have employed the most accessible materials only in the compilation; and, indeed, they lay claim to no great research, which would seem to be precluded by the extent of their works, in neither instance exceeding two volumes duodecimo. They have the merit of exhibiting, in a simple, perspicuous form, those events, which, lying on the surface, may be found more or less expanded in moat general histories.

[2] "To compile a history from various authors, when they can only be consulted by other eyes, is not easy, nor possible, but with more skilful and attentive help than can be commonly obtained." [Johnson's Life of Milton.] This remark of the great critic, which first engaged my attention in the midst of my embarrassments, although discouraging at first, in the end stimulated the desire to overcome them.

PREFACE

TO THE THIRD ENGLISH EDITION.

Since the publication of the First Edition of this work, it has undergone a careful revision; and this, aided by the communications of several intelligent friends, who have taken an interest in its success, has enabled me to correct several verbal inaccuracies, and a few typographical errors, which had been previously overlooked. While the Second Edition was passing through the press, I received, also, copies of two valuable Spanish works, having relation to the reign of the Catholic sovereigns, but which, as they appeared during the recent troubles of the Peninsula, had not before come to my knowledge. For these I am indebted to the politeness of Don Angel Calderon de la Barca, late Spanish Minister at Washington; a gentleman, whose frank and liberal manners, personal accomplishments, and independent conduct in public life, have secured for him deservedly high consideration in the United States, as well as in his own country.

I must still further acknowledge my obligation to Don Pascual de Gayangos, the learned author of the "Mahommedan Dynasties in Spain," recently published in London,—a work, which, from its thorough investigation of original sources, and fine spirit of criticism, must supply, what has been so long felt as an important desideratum with the student,—the means of forming a perfect acquaintance with the Arabian portion of the Peninsular annals. There fell into the hands of this gentleman, on the breaking up of the convents of Saragossa in 1835, a rich collection of original documents, comprehending, among other things, the autograph correspondence of Ferdinand and Isabella, and of the principal persons of their court. It formed, probably, part of the library of Geronimo Zurita,—historiographer of Aragon, under Philip the Second,—who, by virtue of his office, was intrusted with whatever documents could illustrate the history of the country. This rare collection was left at his death to a monastery in his native city. Although Zurita is one of the principal authorities for the present work, there are many details of interest in this correspondence, which have passed unnoticed by him, although forming the basis of his conclusions; and I have gladly availed myself of the liberality and great kindness of Señor de Gayangos, who has placed these manuscripts at my disposal, transcribing such as I have selected, for the corroboration and further illustration of my work. The difficulties attending this labor of love will be better appreciated, when it is understood, that the original writing is in an antiquated character, which few Spanish scholars of the present day could comprehend, and often in cipher, which requires much patience and ingenuity to explain. With these various emendations, it is hoped that the present Edition may be found more deserving of that favor from the public, which has been so courteously accorded to the preceding.

March, 1841.

CONTENTS OF VOLUME I.

INTRODUCTION.

SECTION I. VIEW OF THE CASTILIAN MONARCHY BEFORE THE FIFTEENTH CENTURY. STATE OF SPAIN AT THE MIDDLE OF THE FIFTEENTH CENTURY EARLY HISTORY AND CONSTITUTION OF CASTILE THE VISIGOTHS INVASION OF THE ARABS ITS INFLUENCE ON THE CONDITION OF THE SPANIARDS CAUSES OF THEIR SLOW RECONQUEST OF THE COUNTRY THEIR ULTIMATE SUCCESS CERTAIN THEIR RELIGIOUS ENTHUSIASM INFLUENCE OF THEIR MINSTRELSY THEIR CHARITY TO THE INFIDEL THEIR CHIVALRY EARLY IMPORTANCE OF THE CASTILIAN TOWNS THEIR PRIVILEGES CASTILIAN CORTES ITS GREAT POWERS ITS BOLDNESS HERMANDADES OF CASTILE WEALTH OF THE CITIES PERIOD OF THE HIGHEST POWER OF THE COMMONS THE NOBILITY THEIR PRIVILEGES THEIR GREAT WEALTH THEIR TURBULENT SPIRIT THE CAVALLEROS OR KNIGHTS THE CLERGY INFLUENCE OF THE PAPAL COURT CORRUPTION OP THE CLERGY THEIR RICH POSSESSIONS LIMITED EXTENT OF THE ROYAL PREROGATIVE POVERTY OF THE CROWN ITS CAUSES ANECDOTE OF HENRY III., OF CASTILE CONSTITUTIONAL WRITERS ON CASTILE CONSTITUTION AT THE BEGINNING OF THE FIFTEENTH CENTURY NOTICE OF MARINA AND SEMPERE

SECTION II. REVIEW OF THE CONSTITUTION OF ARAGON TO THE MIDDLE OF THE FIFTEENTH CENTURY. RISE OF ARAGON FOREIGN CONQUESTS CODE OF SOPRARBE THE RICOS HOMBRES THEIR IMMUNITIES THEIR TURBULENCE PRIVILEGES OF UNION THEIR ABROGATION THE LEGISLATURE OF ARAGON ITS FORMS OF PROCEEDING ITS POWERS THE GENERAL PRIVILEGE JUDICIAL FUNCTIONS OF CORTES PREPONDERANCE OF THE COMMONS THE JUSTICE OF ARAGON HIS GREAT AUTHORITY SECURITY AGAINST ITS ABUSE INDEPENDENT EXECUTION OF IT VALENCIA AND CATALONIA RISE AND OPULENCE OF BARCELONA HER FREE INSTITUTIONS HAUGHTY SPIRIT OF THE CATALANS INTELLECTUAL CULTURE POETICAL ACADEMY OF TORTOSA BRIEF GLORY OF THE LIMOUSIN CONSTITUTIONAL WRITERS ON ARAGON NOTICES OF BLANCAS, MARTEL, AND CAPMANY

PART FIRST.

THE PERIOD WHEN THE DIFFERENT KINGDOMS OF SPAIN WERE FIRST UNITED UNDER ONE MONARCHY, AND A THOROUGH REFORM WAS INTRODUCED INTO THEIR INTERNAL ADMINISTRATION; OR THE PERIOD EXHIBITING MOST FULLY THE DOMESTIC POLICY OF FERDINAND AND ISABELLA.

CHAPTER I. STATE OF CASTILE AT THE BIRTH OF ISABELLA.—REIGN OF JOHN II., OF CASTILE. REVOLUTION OF TRASTAMARA ACCESSION OF JOHN II. RISE OF ALVARO DE LUNA JEALOUSY OF THE NOBLES OPPRESSION OF THE COMMONS ITS CONSEQUENCES EARLY LITERATURE OF CASTILE ITS ENCOURAGEMENT UNDER JOHN II. MARQUIS OF VILLENA MARQUIS OF SANTILLANA JOHN DE MENA HIS INFLUENCE BAENA'S CANCIONERO CASTILIAN LITERATURE UNDER JOHN II DECLINE OF ALVARO DE LUNA HIS FALL HIS DEATH LAMENTED BY JOHN DEATH OF JOHN II BIRTH OF ISABELLA

CHAPTER II. CONDITION OF ARAGON DURING THE MINORITY OF FERDINAND.—REIGN OF JOHN II., OF ARAGON. JOHN OF ARAGON TITLE OF HIS SON CARLOS TO NAVARRE HE TAKES ARMS AGAINST HIS FATHER IS DEFEATED BIRTH OF FERDINAND CARLOS RETIRES TO NAPLES HE PASSES INTO SICILY JOHN II. SUCCEEDS TO THE CROWN OF ARAGON CARLOS RECONCILED WITH HIS FATHER IS IMPRISONED INSURRECTION OF THE CATALANS CARLOS RELEASED HIS DEATH HIS CHARACTER TRAGICAL STORY OF BLANCHE FERDINAND SWORN HEIR TO THE CROWN BESIEGED BY THE CATALANS IN GERONA TREATY BETWEEN FRANCE AND ARAGON GENERAL REVOLT IN CATALONIA SUCCESSES OF JOHN CROWN OF CATALONIA OFFERED TO RENÉ OF ANJOU DISTRESS AND EMBARRASSMENTS OF JOHN POPULARITY OF THE DUKE OF LORRAINE DEATH OF THE QUEEN OF ARAGON IMPROVEMENT IN JOHN'S AFFAIRS SIEGE OF BARCELONA IT SURRENDERS

CHAPTER III. REIGN OF HENRY IV., OF CASTILE.—CIVIL WAR.—MARRIAGE OF FERDINAND AND ISABELLA. POPULARITY OF HENRY IV HE DISAPPOINTS EXPECTATIONS HIS DISSOLUTE HABITS OPPRESSION OF THE PEOPLE DEBASEMENT OF THE COIN CHARACTER OF PACHECO, MARQUIS OF VILLENA CHARACTER OF THE ARCHBISHOP OF TOLEDO INTERVIEW BETWEEN HENRY IV. AND LOUIS XI DISGRACE OF VILLENA AND THE ARCHBISHOP OF TOLEDO LEAGUE OF THE NOBLES DEPOSITION OF HENRY AT AVILA DIVISION OF PARTIES INTRIGUES OF THE MARQUIS OF VILLENA HENRY DISBANDS HIS FORCES PROPOSITION FOR THE MARRIAGE OF ISABELLA HER EARLY EDUCATION PROJECTED UNION WITH THE GRAND MASTER OF CALATRAVA HIS SUDDEN DEATH BATTLE OF OLMEDO CIVIL ANARCHY DEATH AND CHARACTER OF ALFONSO HIS REIGN A USURPATION THE CROWN OFFERED TO ISABELLA SHE DECLINES IT TREATY BETWEEN HENRY AND THE CONFEDERATES ISABELLA ACKNOWLEDGED HEIR TO THE CROWN AT TOROS DE GUISANDO SUITORS TO ISABELLA FERDINAND OF ARAGON SUPPORT OF JOANNA BELTRANEJA PROPOSAL OF THE KING OF PORTUGAL REJECTED BY ISABELLA SHE ACCEPTS FERDINAND ARTICLES OF MARRIAGE CRITICAL SITUATION OF ISABELLA FERDINAND ENTERS CASTILE PRIVATE INTERVIEW BETWEEN FERDINAND AND ISABELLA THEIR MARRIAGE NOTICE OF THE QUINCUAGENAS OF OVIEDO

CHAPTER IV. FACTIONS IN CASTILE.—WAR BETWEEN FRANCE AND ARAGON.—DEATH OF HENRY IV., OF CASTILE. FACTIONS IN CASTILE FERDINAND AND ISABELLA CIVIL ANARCHY REVOLT OF ROUSSILLON FROM LOUIS XI. GALLANT DEFENCE OF PERPIGNAN FERDINAND RAISES THE SIEGE TREATY BETWEEN FRANCE AND ARAGON ISABELLA'S PARTY GAINS STRENGTH INTERVIEW BETWEEN HENRY IV. AND ISABELLA AT SEGOVIA SECOND FRENCH INVASION OF ROUSSILLON FERDINAND'S SUMMARY EXECUTION OF JUSTICE SIEGE AND REDUCTION OF PERPIGNAN PERFIDY OF LOUIS XI. ILLNESS OF HENRY IV., OF CASTILE HIS DEATH INFLUENCE OF HIS REIGN NOTICE OF ALONSO DE PALENCIA NOTICE OF ENRIQUEZ DE CASTILLO

CHAPTER V. ACCESSION OF FERDINAND AND ISABELLA.—WAR OF THE SUCCESSION.—BATTLE OF TORO. TITLE OF ISABELLA SHE IS PROCLAIMED QUEEN SETTLEMENT OF THE CROWN PARTISANS OF JOANNA ALFONSO OF PORTUGAL SUPPORTS HER CAUSE HE INVADES CASTILE HE ESPOUSES JOANNA CASTILIAN ARMY FERDINAND MARCHES AGAINST ALFONSO HE CHALLENGES HIM TO PERSONAL COMBAT DISORDERLY RETREAT OF THE CASTILIANS APPROPRIATION OF THE CHURCH PLATE REORGANIZATION OF THE ARMY KING OF PORTUGAL ARRIVES BEFORE ZAMORA ABSURD POSITION HE SUDDENLY DECAMPS OVERTAKEN BY FERDINAND BATTLE OF TORO THE PORTUGUESE ROUTED ISABELLA'S THANKSGIVING FOR THE VICTORY SUBMISSION OF THE WHOLE KINGDOM THE KING OF PORTUGAL VISITS FRANCE RETURNS TO PORTUGAL PEACE WITH FRANCE ACTIVE MEASURES OF ISABELLA TREATY OF PEACE WITH PORTUGAL JOANNA TAKES THE VEIL DEATH OF THE KING OF PORTUGAL DEATH OF THE KING OF ARAGON

CHAPTER VI. INTERNAL ADMINISTRATION OF CASTILE. SCHEME OF REFORM FOR THE GOVERNMENT OF CASTILE ADMINISTRATION OF JUSTICE ESTABLISHMENT OF THE HERMANDAD CODE OF THE HERMANDAD INEFFECTUAL OPPOSITION OF THE NOBILITY TUMULT AT SEGOVIA ISABELLA'S PRESENCE OF MIND ISABELLA VISITS SEVILLE HER SPLENDID RECEPTION THERE SEVERE EXECUTION OF JUSTICE MARQUIS OF CADIZ AND DUKE OF MEDINA SIDONIA ROYAL PROGRESS THROUGH ANDALUSIA IMPARTIAL EXECUTION OP THE LAWS REORGANIZATION OP THE TRIBUNALS KING AND QUEEN PRESIDE IN COURTS OF JUSTICE RE-ESTABLISHMENT OF ORDER REFORM OF THE JURISPRUDENCE CODE OF ORDENANÇAS REALES SCHEMES FOR REDUCING THE NOBILITY REVOCATION OF THE ROYAL GRANTS LEGISLATIVE ENACTMENTS THE QUEEN'S SPIRITED CONDUCT TO THE NOBILITY MILITARY ORDERS OF CASTILE ORDER OF ST. JAGO ORDER OF CALATRAVA ORDER OF ALCANTARA GRAND-MASTERSHIPS ANNEXED TO THE CROWN THEIR REFORMATION USURPATIONS OF THE CHURCH RESISTED BY CORTES DIFFERENCE WITH THE POPE RESTORATION OF TRADE SALUTARY ENACTMENTS OF CORTES PROSPERITY OF THE KINGDOM NOTICE OF CLEMENCIN

CHAPTER VII. ESTABLISHMENT OF THE MODERN INQUISITION. ORIGIN OF THE ANCIENT INQUISITION ITS INTRODUCTION INTO ARAGON RETROSPECTIVE VIEW OF THE JEWS IN SPAIN UNDER THE ARABS UNDER THE CASTILIANS PERSECUTION OF THE JEWS THEIR STATE AT THE ACCESSION OF ISABELLA CHARGES AGAINST THEM BIGOTRY OF THE AGE ITS INFLUENCE ON ISABELLA CHARACTER OF HER CONFESSOR, TORQUEMADA PAPAL BULL AUTHORIZING THE INQUISITION ISABELLA RESORTS TO MILDER MEASURES ENFORCES THE PAPAL BULL INQUISITION AT SEVILLE PROOFS OF JUDAISM THE SANGUINARY PROCEEDINGS OF THE INQUISITORS CONDUCT OF THE PAPAL COURT FINAL ORGANIZATION OF THE INQUISITION FORMS OF TRIAL TORTURE INJUSTICE OF ITS PROCEEDINGS AUTOS DA FE CONVICTIONS UNDER TORQUEMADA PERFIDIOUS POLICY OF ROME NOTICE OF LLORENTE'S HISTORY OF THE INQUISITION

CHAPTER VIII.

REVIEW OF THE POLITICAL AND INTELLECTUAL CONDITION OF THE SPANISH ARABS PREVIOUS TO THE WAR OF GRANADA. EARLY SUCCESSES OF MAHOMETANISM CONQUEST OF SPAIN WESTERN CALIPHATE FORM OF GOVERNMENT CHARACTER OF THE SOVEREIGNS MILITARY ESTABLISHMENT SUMPTUOUS PUBLIC WORKS GREAT MOSQUE OF CORDOVA REVENUES MINERAL WEALTH OF SPAIN HUSBANDRY AND MANUFACTURES POPULATION CHARACTER OF ALHAKEM II. INTELLECTUAL DEVELOPMENT DISMEMBERMENT OF THE CORDOVAN EMPIRE KINGDOM OF GRANADA AGRICULTURE AND COMMERCE RESOURCES OF THE CROWN LUXURIOUS CHARACTER OF THE PEOPLE MOORISH GALLANTRY CHIVALRY UNSETTLED STATE OF GRANADA CAUSES OF HER SUCCESSFUL RESISTANCE LITERATURE OF THE SPANISH ARABS CIRCUMSTANCES FAVORABLE TO IT PROVISIONS FOR LEARNING THE ACTUAL RESULTS AVERROES THEIR HISTORICAL MERITS USEFUL DISCOVERIES THE IMPULSE GIVEN BY THEM TO EUROPE THEIR ELEGANT LITERATURE POETICAL CHARACTER INFLUENCE ON THE CASTILIAN CIRCUMSTANCES PREJUDICIAL TO THEIR REPUTATION NOTICES OF CASIRI, CONDE, AND CARDONNE

CHAPTER IX. WAR OF GRANADA.—SURPRISE OF ZAHARA.—CAPTURE OF ALHAMA. ZAHARA SURPRISED BY THE MOORS DESCRIPTION OF ALHAMA THE MARQUIS OF CADIZ HIS EXPEDITION AGAINST ALHAMA SURPRISE OF THE FORTRESS VALOR OF THE CITIZENS SALLY UPON THE MOORS DESPERATE COMBAT FALL OF ALHAMA CONSTERNATION OF THE MOORS THE MOORS BESIEGE ALHAMA DISTRESS OF THE GARRISON THE DUKE OF MEDINA SIDONIA MARCHES TO RELIEVE ALHAMA RAISES THE SIEGE MEETING OF THE TWO ARMIES THE SOVEREIGNS AT CORDOVA ALHAMA INVESTED AGAIN BY THE MOORS ISABELLA'S FIRMNESS FERDINAND RAISES THE SIEGE VIGOROUS MEASURES OF THE QUEEN

CHAPTER X. WAR OF GRANADA.—UNSUCCESSFUL ATTEMPT ON LOJA.—DEFEAT IN THE AXARQUIA. SIEGE OF LOJA CASTILIAN FORCES ENCAMPMENT BEFORE LOJA SKIRMISH WITH THE ENEMY RETREAT OF THE SPANIARDS REVOLUTION IN GRANADA DEATH OF THE ARCHBISHOP OF TOLEDO AFFAIRS OF ITALY OF NAVARRE RESOURCES OF THE CROWN JUSTICE OF THE SOVEREIGNS EXPEDITION TO THE AXARQUIA THE MILITARY ARRAY PROGRESS OF THE ARMY MOORISH PREPARATIONS SKIRMISH AMONG THE MOUNTAINS RETREAT OF THE SPANIARDS THEIR DISASTROUS SITUATION THEY RESOLVE TO FORCE A PASSAGE DIFFICULTIES OF THE ASCENT DREADFUL SLAUGHTER MARQUIS OF CADIZ ESCAPES LOSSES OF THE CHRISTIANS

CHAPTER XI. WAR OF GRANADA.—GENERAL VIEW OF THE POLICY PURSUED IN THE CONDUCT OF THIS WAR. ABDALLAH MARCHES AGAINST THE CHRISTIANS ILL OMENS MARCHES ON LUCENA BATTLE OF LUCENA CAPTURE OF ABDALLAH LOSSES OF THE MOORS MOORISH EMBASSY TO CORDOVA DEBATES IN THE SPANISH COUNCIL TREATY WITH ABDALLAH INTERVIEW BETWEEN THE TWO KINGS GENERAL POLICY OF THE WAR INCESSANT HOSTILITIES DEVASTATING FORAYS STRENGTH OF THE MOORISH FORTRESSES DESCRIPTION OF THE PIECES OF THE KINDS OF AMMUNITION ROADS FOR THE ARTILLERY DEFENCES OF THE MOORS TERMS TO THE VANQUISHED SUPPLIES FOR THE ARMY ISABELLA'S CARE OF THE TROOPS HER PERSEVERANCE IN THE WAR POLICY TOWARDS THE NOBLES COMPOSITION OF THE ARMY SWISS MERCENARIES THE ENGLISH LORD SCALES THE QUEEN'S COURTESY MAGNIFICENCE OF THE NOBLES THEIR GALLANTRY ISABELLA VISITS THE CAMP ROYAL COSTUME DEVOUT DEMEANOR OF THE SOVEREIGNS CEREMONIES ON THE OCCUPATION OF A CITY RELEASE OF CHRISTIAN CAPTIVES POLICY IN FOMENTING THE MOORISH FACTIONS CHRISTIAN CONQUESTS NOTICE OF FERNANDO DEL PULGAR NOTICE OF ANTONIO DE LEBRIJA

INTRODUCTION.

SECTION I.

VIEW OF THE CASTILIAN MONARCHY BEFORE THE FIFTEENTH CENTURY.

Early History and Constitution of Castile.—Invasion of the Arabs.—Slow
Reconquest of the Country.—Religious Enthusiasm of the Spaniards.—
Influence of their Minstrelsy.—Their Chivalry.—Castilian Towns.—
Cortes.—Its Powers.—Its Boldness.—Wealth of the Cities.—The Nobility.
—Their Privileges and Wealth.—Knights.—Clergy.—Poverty of the Crown.—
Limited Extent of the Prerogative.

For several hundred years after the great Saracen invasion in the beginning of the eighth century, Spain was broken up into a number of small but independent states, divided in their interests, and often in deadly hostility with one another. It was inhabited by races, the most dissimilar in their origin, religion, and government, the least important of which has exerted a sensible influence on the character and institutions of its present inhabitants. At the close of the fifteenth century, these various races were blended into one great nation, under one common rule. Its territorial limits were widely extended by discovery and conquest. Its domestic institutions, and even its literature, were moulded into the form, which, to a considerable extent, they have maintained to the present day. It is the object of the present narrative to exhibit the period in which these momentous results were effected,—the reign of Ferdinand and Isabella.

By the middle of the fifteenth century, the number of states, into which the country had been divided, was reduced to four; Castile, Aragon, Navarre, and the Moorish kingdom of Granada. The last, comprised within nearly the same limits as the modern province of that name, was all that remained to the Moslems of their once vast possessions in the Peninsula. Its concentrated population gave it a degree of strength altogether disproportioned to the extent of its territory; and the profuse magnificence of its court, which rivalled that of the ancient caliphs, was supported by the labors of a sober, industrious people, under whom agriculture and several of the mechanic arts had reached a degree of excellence, probably unequalled in any other part of Europe during the Middle Ages.

The little kingdom of Navarre, embosomed within the Pyrenees, had often attracted the avarice of neighboring and more powerful states. But, since their selfish schemes operated as a mutual check upon each other, Navarre still continued to maintain her independence, when all the smaller states in the Peninsula had been absorbed in the gradually increasing dominion of Castile and Aragon.

This latter kingdom comprehended the province of that name, together with Catalonia and Valencia. Under its auspicious climate and free political institutions, its inhabitants displayed an uncommon share of intellectual and moral energy. Its long line of coast opened the way to an extensive and flourishing commerce; and its enterprising navy indemnified the nation for the scantiness of its territory at home, by the important foreign conquests of Sardinia, Sicily, Naples, and the Balearic Isles.

The remaining provinces of Leon, Biscay, the Asturias, Galicia, Old and New Castile, Estremadura, Murcia, and Andalusia, fell to the crown of Castile, which, thus extending its sway over an unbroken line of country from the Bay of Biscay to the Mediterranean, seemed by the magnitude, of its territory, as well as by its antiquity, (for it was there that the old Gothic monarchy may be said to have first revived after the great Saracen invasion,) to be entitled to a pre-eminence over the other states of the Peninsula. This claim, indeed, appears to have been recognized at an early period of her history. Aragon did homage to Castile for her territory on the western bank of the Ebro, until the twelfth century, as did Navarre, Portugal, and, at a later period, the Moorish kingdom of Granada. [1] And, when at length the various states of Spain were consolidated into one monarchy, the capital of Castile became the capital of the new empire, and her language the language of the court and of literature.

It will facilitate our inquiry into the circumstances which immediately led to these results, if we briefly glance at the prominent features in the early history and constitution of the two principal Christian states, Castile and Aragon, previous to the fifteenth century. [2]

The Visigoths who overran the Peninsula, in the fifth century, brought with them the same liberal principles of government which distinguished their Teutonic brethren. Their crown was declared elective by a formal legislative act. [3] Laws were enacted in the great national councils, composed of prelates and nobility, and not unfrequently ratified in an assembly of the people. Their code of jurisprudence, although abounding in frivolous detail, contained many admirable provisions for the security of justice; and, in the degree of civil liberty which it accorded to the Roman inhabitants of the country, far transcended those of most of the other barbarians of the north. [4] In short, their simple polity exhibited the germ of some of those institutions, which, with other nations, and under happier auspices, have formed the basis of a well-regulated constitutional liberty. [5]

But, while in other countries the principles of a free government were slowly and gradually unfolded, their development was much accelerated in Spain by an event, which, at the time, seemed to threaten their total extinction,—the great Saracen invasion at the beginning of the eighth century. The religious, as well as the political institutions of the Arabs, were too dissimilar to those of the conquered nation, to allow the former to exercise any very sensible influence over the latter in these particulars. In the Spirit of toleration, which distinguished the early followers of Mahomet, they conceded to such of the Goths, as were willing to continue among them after the conquest, the free enjoyment of their religious, as well as of many of the civil privileges which they possessed under the ancient monarchy. [6] Under this liberal dispensation it cannot be doubted, that many preferred remaining in the pleasant regions of their ancestors, to quitting them for a life of poverty and toil. These, however, appear to have been chiefly of the lower order; [7] and the men of higher rank, or of more generous sentiments, who refused to accept a nominal and precarious independence at the hands of their oppressors, escaped from the overwhelming inundation into the neighboring countries of France, Italy, and Britain, or retreated behind those natural fortresses of the north, the Asturian hills and the Pyrenees, whither the victorious Saracen disdained to pursue them. [8]

Here the broken remnant of the nation endeavored to revive the forms, at least, of the ancient government. But it may well be conceived, how imperfect these must have been under a calamity, which, breaking up all the artificial distinctions of society, seemed to resolve it at once into its primitive equality. The monarch, once master of the whole Peninsula, now beheld his empire contracted to a few barren, inhospitable rocks. The noble, instead of the broad lands and thronged halls of his ancestors, saw himself at best but the chief of some wandering horde, seeking a doubtful subsistence, like himself, by rapine. The peasantry, indeed, may be said to have gained by the exchange; and, in a situation, in which all factitious distinctions were of less worth than individual prowess and efficiency, they rose in political consequence. Even slavery, a sore evil among the Visigoths, as indeed among all the barbarians of German origin, though not effaced, lost many of its most revolting features, under the more generous legislation of later times. [9]

A sensible and salutary influence, at the same time, was exerted on the moral energies of the nation, which had been corrupted in the long enjoyment of uninterrupted prosperity. Indeed, so relaxed were the morals of the court, as well as of the clergy, and so enervated had all classes become, in the general diffusion of luxury, that some authors have not scrupled to refer to these causes principally the perdition of the Gothic monarchy. An entire reformation in these habits was necessarily effected in a situation, where a scanty subsistence could only be earned by a life of extreme temperance and toil, and where it was often to be sought, sword in hand, from an enemy far superior in numbers. Whatever may have been the vices of the Spaniards, they cannot have been those of effeminate sloth. Thus a sober, hardy, and independent race was gradually formed, prepared to assert their ancient inheritance, and to lay the foundations of far more liberal and equitable forms of government, than were known to their ancestors.

At first, their progress was slow and almost imperceptible. The Saracens, indeed, reposing under the sunny skies of Andalusia, so congenial with their own, seemed willing to relinquish the sterile regions of the north to an enemy whom they despised. But, when the Spaniards, quitting the shelter of their mountains, descended into the open plains of Leon and Castile, they found themselves exposed to the predatory incursions of the Arab cavalry, who, sweeping over the face of the country, carried off in a single foray the hard-earned produce of a summer's toil. It was not until they had reached some natural boundary, as the river Douro, or the chain of the Guadarrama, that they were enabled, by constructing a line of fortifications along these primitive bulwarks, to secure their conquests, and oppose an effectual resistance to the destructive inroads of their enemies.

Their own dissensions were another cause of their tardy progress. The numerous petty states, which rose from the ruins of the ancient monarchy, seemed to regard each other with even a fiercer hatred than that with which they viewed the enemies of their faith; a circumstance that more than once brought the nation to the verge of ruin. More Christian blood was wasted in these national feuds, than in all their encounters with the infidel. The soldiers of Fernan Gonçalez, a chieftain of the tenth century, complained that their master made them lead the life of very devils, keeping them in the harness day and night, in wars, not against the Saracens, but one another. [10]

These circumstances so far palsied the arm of the Christians, that a century and a half elapsed after the invasion, before they had penetrated to the Douro, [11] and nearly thrice that period before they had advanced the line of conquest to the Tagus, [12] notwithstanding this portion of the country had been comparatively deserted by the Mahometans. But it was easy to foresee that a people, living, as they did, under circumstances so well adapted to the development of both physical and moral energy, must ultimately prevail over a nation oppressed by despotism, and the effeminate indulgence, to which it was naturally disposed by a sensual religion and a voluptuous climate. In truth, the early Spaniard was urged by every motive that can give efficacy to human purpose. Pent up in his barren mountains, he beheld the pleasant valleys and fruitful vineyards of his ancestors delivered over to the spoiler, the holy places polluted by his abominable rites, and the crescent glittering on the domes, which were once consecrated by the venerated symbol of his faith. His cause became the cause of Heaven. The church published her bulls of crusade, offering liberal indulgences to those who served, and Paradise to those who fell in battle, against the infidel. The ancient Castilian was remarkable for his independent resistance of papal encroachment; but the peculiarity of his situation subjected him in an uncommon degree to ecclesiastical influence at home. Priests mingled in the council and the camp, and, arrayed in their sacerdotal robes, not unfrequently led the armies to battle. [13] They interpreted the will of Heaven as mysteriously revealed in dreams and visions. Miracles were a familiar occurrence. The violated tombs of the saints sent forth thunders and lightnings to consume the invaders; and, when the Christians fainted in the fight, the apparition of their patron, St. James, mounted on a milk-white steed, and bearing aloft the banner of the cross, was seen hovering in the air, to rally their broken squadrons, and lead them on to victory. [14] Thus the Spaniard looked upon himself as in a peculiar manner the care of Providence. For him the laws of nature were suspended. He was a soldier of the Cross, fighting not only for his country, but for Christendom. Indeed, volunteers from the remotest parts of Christendom eagerly thronged to serve under his banner; and the cause of religion was debated with the same ardor in Spain, as on the plains of Palestine. [15] Hence the national character became exalted by a religious fervor, which in later days, alas! settled into a fierce fanaticism. Hence that solicitude for the purity of the faith, the peculiar boast of the Spaniards, and that deep tinge of superstition, for which they have ever been distinguished above the other nations of Europe.

The long wars with the Mahometans served to keep alive in their bosoms the ardent glow of patriotism; and this was still further heightened by the body of traditional minstrelsy, which commemorated in these wars the heroic deeds of their ancestors. The influence of such popular compositions on a simple people is undeniable. A sagacious critic ventures to pronounce the poems of Homer the principal bond which united the Grecian states. [16] Such an opinion may be deemed somewhat extravagant. It cannot be doubted, however, that a poem like that of the "Cid," which appeared as early as the twelfth century, [17] by calling up the most inspiring national recollections in connection with their favorite hero, must have operated powerfully on the moral sensibilities of the people.

It is pleasing to observe, in the cordial spirit of these early effusions, little of the ferocious bigotry which sullied the character of the nation in after ages. [18] The Mahometans of this period far excelled their enemies in general refinement, and had carried some branches of intellectual culture to a height scarcely surpassed by Europeans in later times. The Christians, therefore, notwithstanding their political aversion to the Saracens, conceded to them a degree of respect, which subsided into feelings of a very different complexion, as they themselves rose in the scale of civilization. This sentiment of respect tempered the ferocity of a warfare, which, although sufficiently disastrous in its details, affords examples of a generous courtesy, that would do honor to the politest ages of Europe. [19] The Spanish Arabs were accomplished in all knightly exercises, and their natural fondness for magnificence, which shed a lustre over the rugged features of chivalry, easily communicated itself to the Christian cavaliers. In the intervals of peace, these latter frequented the courts of the Moorish princes, and mingled with their adversaries in the comparatively peaceful pleasures of the tourney, as in war they vied with them in feats of Quixotic gallantry. [20]

The nature of this warfare between two nations, inhabitants of the same country, yet so dissimilar in their religious and social institutions as to be almost the natural enemies of each other, was extremely favorable to the exhibition of the characteristic virtues of chivalry. The contiguity of the hostile parties afforded abundant opportunities for personal rencounter and bold romantic enterprise. Each nation had its regular military associations, who swore to devote their lives to the service of God and their country, in perpetual war against the infidel [21] The Spanish knight became the true hero of romance, wandering over his own land, and even into the remotest climes, in quest of adventures; and, as late as the fifteenth century, we find him in the courts of England and Burgundy, doing battle in honor of his mistress, and challenging general admiration by his uncommon personal intrepidity. [22] This romantic spirit lingered in Castile, long after the age of chivalry had become extinct in other parts of Europe, continuing to nourish itself on those illusions of fancy, which were at length dispelled by the caustic satire of Cervantes.

Thus patriotism, religious loyalty, and a proud sense of independence, founded on the consciousness of owing their possessions to their personal valor, became characteristic traits of the Castilians previously to the sixteenth century, when the oppressive policy and fanaticism of the Austrian dynasty contrived to throw into the shade these generous virtues. Glimpses of them, however, might long be discerned in the haughty bearing of the Castilian noble, and in that erect, high-minded peasantry, whom oppression has not yet been able wholly to subdue. [23]

To the extraordinary position, in which the nation was placed, may also be referred the liberal forms of its political institutions, as well as a more early development of them than took place in other countries of Europe. From the exposure of the Castilian towns to the predatory incursions of the Arabs, it became necessary, not only that they should be strongly fortified, but that every citizen should be trained to bear arms in their defence. An immense increase of consequence was given to the burgesses, who thus constituted the most effective part of the national militia. To this circumstance, as well as to the policy of inviting the settlement of frontier places by the grant of extraordinary privileges to the inhabitants, is to be imputed the early date, as well as liberal character, of the charters of community in Castile and Leon. [24] These, although varying a good deal in their details, generally conceded to the citizens the right of electing their own magistrates for the regulation of municipal affairs. Judges were appointed by this body for the administration of civil and criminal law, subject to an appeal to the royal tribunal. No person could be affected in life or property, except by a decision of this municipal court; and no cause while pending before it could be evoked thence into the superior tribunal. In order to secure the barriers of justice more effectually against the violence of power, so often superior to law in an imperfect state of society, it was provided in many of the charters that no nobles should be permitted to acquire real property within the limits of the community; that no fortress or palace should be erected by them there; that such as might reside within its territory, should be subject to its jurisdiction; and that any violence, offered by them to its inhabitants, might be forcibly resisted with impunity. Ample and inalienable funds were provided for the maintenance of the municipal functionaries, and for other public expenses. A large extent of circumjacent country, embracing frequently many towns and villages, was annexed to each city with the right of jurisdiction over it. All arbitrary tallages were commuted for a certain fixed and moderate rent. An officer was appointed by the crown to reside within each community, whose province it was to superintend the collection of this tribute, to maintain public order, and to be associated with the magistrates of each city in the command of the forces it was bound to contribute towards the national defence. Thus while the inhabitants of the great towns in other parts of Europe were languishing in feudal servitude, the members of the Castilian corporations, living under the protection of their own laws and magistrates in time of peace, and commanded by their own officers in war, were in full enjoyment of all the essential rights and privileges of freemen. [25]

It is true, that they were often convulsed by intestine feuds; that the laws were often loosely administered by incompetent judges; and that the exercise of so many important prerogatives of independent states inspired them with feelings of independence, which led to mutual rivalry, and sometimes to open collision. But with all this, long after similar immunities in the free cities of other countries, as Italy for example, [26] had been sacrificed to the violence of faction or the lust of power, those of the Castilian cities not only remained unimpaired, but seemed to acquire additional stability with age. This circumstance is chiefly imputable to the constancy of the national legislature, which, until the voice of liberty was stifled by a military despotism, was ever ready to interpose its protecting arm in defence of constitutional rights.

The earliest instance on record of popular representation in Castile occurred at Burgos, in 1169; [27] nearly a century antecedent to the celebrated Leicester parliament. Each city had but one vote, whatever might be the number of its representatives. A much greater irregularity, in regard to the number of cities required to send deputies to cortes on different occasions, prevailed in Castile, than ever existed in England; [28] though, previously to the fifteenth century, this does not seem to have proceeded from any design of infringing on the liberties of the people. The nomination of these was originally vested in the householders at large, but was afterwards confined to the municipalities; a most mischievous alteration, which subjected their election eventually to the corrupt influence of the crown. [29] They assembled in the same chamber with the higher orders of the nobility and clergy; but, on questions of moment, retired to deliberate by themselves. [30] After the transaction of other business, their own petitions were presented to the sovereign, and his assent gave them the validity of laws. The Castilian commons, by neglecting to make their money grants depend on correspondent concessions from the crown, relinquished that powerful check on its operations so beneficially exerted in the British parliament, but in vain contended for even there, till a much later period than that now under consideration. Whatever may have been the right of the nobility and clergy to attend in cortes, their sanction was not deemed essential to the validity of legislative acts; [31] for their presence was not even required in many assemblies of the nation which occurred in the fourteenth and fifteenth centuries. [32] The extraordinary power thus committed to the commons was, on the whole, unfavorable to their liberties. It deprived them of the sympathy and co-operation 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. [33]

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 recognized as a fundamental principle of the constitution, that no tax could be imposed without its consent; [34] and an express enactment to this effect was suffered to remain on the statute book, after it had become a dead letter, as if to remind the nation of the liberties it had lost. [35] The commons showed a wise solicitude in regard to the mode of collecting the public revenue, oftentimes more onerous to the subject than the tax itself. They watched carefully over its appropriation to its destined uses. They restrained a too prodigal expenditure, and ventured more than once to regulate the economy of the royal household. [36] They kept a vigilant eye on the conduct of public officers, as well as on the right administration of justice, and commissions were appointed at their suggestion for inquiring into its abuses. They entered into negotiation for alliances with foreign powers, and, by determining the amount of supplies for the maintenance of troops in time of war, preserved a salutary check over military operations. [37] The nomination of regencies was subject to their approbation, and they defined the nature of the authority to be entrusted 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. [38] Finally, they more than once set aside the testamentary provisions of the sovereigns in regard to the succession. [39]

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 plainly how often the rights of the people were invaded by the violence of the privileged orders, or the more artful and systematic usurpations of the crown. But, far from being intimidated by such acts, the representatives in cortes were ever ready to stand forward as the intrepid advocates of constitutional freedom; and the unqualified boldness of their language on such occasions, and the consequent concessions of the sovereign, are satisfactory evidence of the real extent of their power, and show how cordially they must have been supported by public opinion.

It would be improper to pass by without notice an anomalous institution peculiar to Castile, which sought to secure the public tranquillity by means scarcely compatible themselves with civil subordination. I refer to the celebrated Hermandad, or Holy Brotherhood, as the association was sometimes called, a name familiar to most readers in the lively fictions of Le Sage, though conveying there no very adequate idea of the extraordinary functions which it assumed at the period under review. Instead of a regularly organized police, it then consisted of a confederation of the principal cities bound together by solemn league and covenant, for the defence of their liberties in seasons of civil anarchy. Its affairs were conducted by deputies, who assembled at stated intervals for this purpose, transacting their business under a common seal, enacting laws which they were careful to transmit to the nobles and even the sovereign himself, and enforcing their measures by an armed force. This wild kind of justice, so characteristic of an unsettled state of society, repeatedly received the legislative sanction; and, however formidable such a popular engine may have appeared to the eye of the monarch, he was often led to countenance it by a sense of his own impotence, as well as of the overweening power of the nobles, against whom it was principally directed. Hence these associations, although the epithet may seem somewhat overstrained, have received the appellation of "cortès extraordinary." [40]

With these immunities, the cities of Castile attained a degree of opulence and splendor unrivalled, unless in Italy, during the middle ages. At a very early period, indeed, their contact with the Arabs had familiarized them with a better system of agriculture, and a dexterity in the mechanic arts unknown in other parts of Christendom. [41]

On the occupation of a conquered town, we find it distributed into quarters or districts, appropriated to the several crafts, whose members were incorporated into guilds, under the regulation of magistrates and by- laws of their own appointment. Instead of the unworthy disrepute, into which the more humble occupations have since fallen in Spain, they were fostered by a liberal patronage, and their professors in some instances elevated to the rank of knighthood. [42] The excellent breed of sheep, which early became the subject of legislative solicitude, furnished them with an important staple which, together with the simpler manufactures and the various products of a prolific soil, formed the materials of a profitable commerce. [43] Augmentation of wealth brought with it the usual appetite for expensive pleasures; and the popular diffusion of luxury in the fourteenth and fifteenth centuries is attested by the fashionable invective of the satirist, and by the impotence of repeated sumptuary enactments. [44] Much of this superfluous wealth, however, was expended on the construction of useful public works. Cities, from which the nobles had once been so jealously excluded, came now to be their favorite residence. [45] But, while their sumptuous edifices and splendid retinues dazzled the eyes of the peaceful burghers, their turbulent spirit was preparing the way for those dismal scenes of faction, which convulsed the little commonwealths to their centre during the latter half of the fifteenth century.

The flourishing condition of the communities gave their representatives a proportional increase of importance in the national assembly. The liberties of the people seemed to take deeper root in the midst of those political convulsions, so frequent in Castile, which unsettled the ancient prerogatives of the crown. Every new revolution was followed by new concessions on the part of the sovereign, and the popular authority continued to advance with a steady progress until the accession of Henry the Third, of Trastamara, in 1393, when it may be said to have reached its zenith. A disputed title and a disastrous war compelled the father of this prince, John the First, to treat the commons with a deference unknown to his predecessors. We find four of their number admitted into his privy council, and six associated in the regency, to which he confided the government of the kingdom during his son's minority. [46] A remarkable fact, which occurred in this reign, showing the important advances made by the commons in political estimation, was the substitution of the sons of burgesses for an equal number of those of the nobility, who were stipulated to be delivered as hostages for the fulfilment of a treaty with Portugal, in 1393. [47] There will be occasion to notice, in the first chapter of this History, some of the circumstances, which, contributing to undermine the power of the commons, prepared the way for the eventual subversion of the constitution.

The peculiar situation of Castile, which had been so favorable to popular rights, was eminently so to those of the aristocracy. The nobles, embarked with their sovereign in the same common enterprise of rescuing their ancient patrimony from its invaders, felt entitled to divide with him the spoils of victory. Issuing forth, at the head of their own retainers, from their strong-holds or castles, (the great number of which was originally implied in the name of the country,) [48] they were continually enlarging the circuit of their territories, with no other assistance than that of their own good swords. [49] This independent mode of effecting their conquests would appear unfavorable to the introduction of the feudal system, which, although its existence in Castile is clearly ascertained, by positive law, as well as usage, never prevailed to anything like the same extent as it did in the sister kingdom of Aragon, and other parts of Europe. [50]

The higher nobility, or ricos hombres, were exempted from general taxation, and the occasional attempt to infringe on this privilege in seasons of great public emergency, was uniformly repelled by this jealous body. [51] They could not be imprisoned for debt; nor be subjected to torture, so repeatedly sanctioned in other cases by the municipal law of Castile. They had the right of deciding their private feuds by an appeal to arms; a right of which they liberally availed themselves. [52] They also claimed the privilege, when aggrieved, of denaturalizing themselves, or, in other words, of publicly renouncing their allegiance to their sovereign, and of enlisting under the banners of his enemy. [53] The number of petty states, which swarmed over the Peninsula, afforded ample opportunity for the exercise of this disorganizing prerogative. The Laras are particularly noticed by Mariana, as having a "great relish for rebellion," and the Castros as being much in the habit of going over to the Moors. [54] They assumed the license of arraying themselves in armed confederacy against the monarch, on any occasion of popular disgust, and they solemnized the act by the most imposing ceremonials of religion. [55] Their rights of jurisdiction, derived to them, it would seem, originally from royal grant, [56] were in a great measure defeated by the liberal charters of incorporation, which, in imitation of the sovereign, they conceded to their vassals, as well as by the gradual encroachment of the royal judicatures. [57] In virtue of their birth they monopolized all the higher offices of state, as those of constable and admiral of Castile, adelantados or governors of the provinces, cities, etc. [58] They secured to themselves the grand-masterships of the military orders, which placed at their disposal an immense amount of revenue and patronage. Finally, they entered into the royal or privy council, and formed a constituent portion of the national legislature.

These important prerogatives were of course favorable to the accumulation of great wealth. Their estates were scattered over every part of the kingdom, and, unlike the grandees of Spain at the present day, [59] they resided on them in person, maintaining the state of petty sovereigns, and surrounded by a numerous retinue, who served the purposes of a pageant in time of peace, and an efficient military force in war. The demesnes of John, lord of Biscay, confiscated by Alfonso the Eleventh to the use of the crown, in 1327, amounted to more than eighty towns and castles. [60] The "good constable" Davalos, in the time of Henry the Third, could ride through his own estates all the way from Seville to Compostella, almost the two extremities of the kingdom. [61] Alvaro de Luna, the powerful favorite of John the Second, could muster twenty thousand vassals. [62] A contemporary, who gives a catalogue of the annual rents of the principal Castilian nobility at the close of the fifteenth or beginning of the following century, computes several at fifty and sixty thousand ducats a year, [63] an immense income, if we take into consideration the value of money in that age. The same writer estimates their united revenues as equal to one-third of those in the whole kingdom. [64]

These ambitious nobles did not consume their fortunes, or their energies in a life of effeminate luxury. From their earliest boyhood they were accustomed to serve in the ranks against the infidel, [65] and their whole subsequent lives were occupied either with war, or with those martial exercises which reflect the image of it. Looking back with pride to their ancient Gothic descent, and to those times, when they had stood forward as the peers, the electors of their sovereign, they could ill brook the slightest indignity at his hand. [66] With these haughty feelings and martial habits, and this enormous assumption of power, it may readily be conceived that they would not suffer the anarchical provisions of the constitution, which seemed to concede an almost unlimited license of rebellion, to remain a dead letter. Accordingly, we find them perpetually convulsing the kingdom with their schemes of selfish aggrandizement. The petitions of the commons are filled with remonstrances on their various oppressions, and the evils resulting from their long, desolating feuds. So that, notwithstanding the liberal forms of its constitution, there was probably no country in Europe, during the Middle Ages, so sorely afflicted with the vices of intestine anarchy, as Castile. These were still further aggravated by the improvident donations of the monarch to the aristocracy, in the vain hope of conciliating their attachment, but which swelled their already overgrown power to such a height, that, by the middle of the fifteenth century, it not only overshadowed that of the throne, but threatened to subvert the liberties of the state.

Their self-confidence, however, proved eventually their ruin. They disdained a co-operation with the lower orders in defence of their privileges, and relied too unhesitatingly on their power as a body, to feel jealous of their exclusion from the national legislature, where alone they could have made an effectual stand against the usurpations of the crown.—The course of this work will bring under review the dexterous policy, by which the crown contrived to strip the aristocracy of its substantial privileges, and prepared the way for the period, when it should retain possession only of a few barren though ostentatious dignities. [67]

The inferior orders of nobility, the hidalgos, (whose dignity, like that of the ricos hombres, would seem, as their name imports, to have been originally founded on wealth,) [68] and the cavalleros, or knights, enjoyed many of the immunities of the higher class, especially that of exemption from taxation. [69] Knighthood appears to have been regarded with especial favor by the law of Castile. Its ample privileges and its duties are defined with a precision and in a spirit of romance, that might have served for the court of King Arthur. [70] Spain was indeed the land of chivalry. The respect for the sex, which had descended from the Visigoths, [71] was mingled with the religious enthusiasm, which had been kindled in the long wars with the infidel. The apotheosis of chivalry, in the person of their apostle and patron, St. James, [72] contributed still further to this exaltation of sentiment, which was maintained by the various military orders, who devoted themselves, in the bold language of the age, to the service "of God and the ladies." So that the Spaniard may be said to have put in action what, in other countries, passed for the extravagances of the minstrel. An example of this occurs in the fifteenth century, when a passage of arms was defended at Orbigo, not far from the shrine of Compostella, by a Castilian knight, named Sueño de Quenones, and his nine companions, against all comers, in the presence of John the Second and his court. Its object was to release the knight from the obligation, imposed on him by his mistress, of publicly wearing an iron collar round his neck every Thursday. The jousts continued for thirty days, and the doughty champions fought without shield or target, with weapons bearing points of Milan steel. Six hundred and twenty-seven encounters took place, and one hundred and sixty-six lances were broken, when the emprise was declared to be fairly achieved. The whole affair is narrated with becoming gravity by an eye-witness, and the reader may fancy himself perusing the adventures of a Launcelot or an Amadis. [73]

The influence of the ecclesiastics in Spain may be traced back to the age of the Visigoths, when they controlled the affairs of the state in the great national councils of Toledo. This influence was maintained by the extraordinary position of the nation after the conquest. The holy warfare, in which it was embarked, seemed to require the co-operation of the clergy, to propitiate Heaven in its behalf, to interpret its mysterious omens, and to move all the machinery of miracles, by which the imagination is so powerfully affected in a rude and superstitious age. They even condescended, in imitation of their patron saint, to mingle in the ranks, and, with the crucifix in their hands, to lead the soldiers on to battle. Examples of these militant prelates are to be found in Spain so late as the sixteenth century. [74]

But, while the native ecclesiastics obtained such complete ascendency over the popular mind, the Roman See could boast of less influence in Spain than in any other country in Europe. The Gothic liturgy was alone received, as canonical until the eleventh century; [75] and, until the twelfth, the sovereign held the right of jurisdiction over all ecclesiastical causes, of collating to benefices, or at least of confirming or annulling the election of the chapters. The code of Alfonso the Tenth, however, which borrowed its principles of jurisprudence from the civil and canon law, completed a revolution already begun, and transferred these important prerogatives to the pope, who now succeeded in establishing a usurpation over ecclesiastical rights in Castile, similar to that which had been before effected in other parts of Christendom. Some of these abuses, as that of the nomination of foreigners to benefices, were carried to such an impudent height, as repeatedly provoked the indignant remonstrances of the cortes. The ecclesiastics, eager to indemnify themselves for what they had sacrificed to Rome, were more than ever solicitous to assert their independence of the royal jurisdiction. They particularly insisted on their immunity from taxation, and were even reluctant to divide with the laity the necessary burdens of a war, which, from its sacred character, would seem to have imperative claims on them. [76]

Notwithstanding the immediate dependence thus established on the head of the church by the legislation of Alfonso the Tenth, the general immunities secured by it to the ecclesiastics operated as a powerful bounty on their increase; and the mendicant orders in particular, that spiritual militia of the popes, were multiplied over the country to an alarming extent. Many of their members were not only incompetent to the duties of their profession, being without the least tincture of liberal culture, but fixed a deep stain on it by the careless laxity of their morals. Open concubinage was familiarly practised by the clergy, as well as laity, of the period; and, so far from being reprobated by the law of the land, seems anciently to have been countenanced by it. [77] This moral insensibility may probably be referred to the contagious example of their Mahometan neighbors; but, from whatever source derived, the practice was indulged to such a shameless extent, that, as the nation advanced in refinement, in the fourteenth and fifteenth centuries, it became the subject of frequent legislative enactments, in which the concubines of the clergy are described as causing general scandal by their lawless effrontery and ostentatious magnificence of apparel. [78]

Notwithstanding this prevalent licentiousness of the Spanish ecclesiastics, their influence became every day more widely extended, while this ascendency, for which they were particularly indebted in that rude age to their superior learning and capacity, was perpetuated by their enormous acquisitions of wealth. Scarcely a town was reconquered from the Moors, without a considerable portion of its territory being appropriated to the support of some ancient, or the foundation of some new, religious establishment. These were the common reservoir, into which flowed the copious streams of private as well as royal bounty; and, when the consequences of these alienations in mortmain came to be visible in the impoverishment of the public revenue, every attempt at legislative interference was in a great measure defeated by the piety or superstition of the age. The abbess of the monastery of Huelgas, which was situated within the precincts of Burgos, and contained within its walls one hundred and fifty nuns of the noblest families in Castile, exercised jurisdiction ever fourteen capital towns, and more than fifty smaller places; and she was accounted inferior to the queen only in dignity. [79] The archbishop of Toledo, by virtue of his office primate of Spain and grand chancellor of Castile, was esteemed, after the pope, the highest ecclesiastical dignitary in Christendom. His revenues, at the close of the fifteenth century, exceeded eighty thousand ducats; while the gross amount of those of the subordinate beneficiaries of his church rose to one hundred and eighty thousand. He could muster a greater number of vassals than any other subject in the kingdom, and held jurisdiction over fifteen large and populous towns, besides a great number of inferior places. [80]

These princely funds, when intrusted to pious prelates, were munificently dispensed in useful public works, and especially in the foundation of eleemosynary institutions, with which every great city in Castile was liberally supplied. [81] But, in the hands of worldly men, they were perverted from these noble uses to the gratification of personal vanity, or the disorganizing schemes of faction. The moral perceptions of the people, in the mean time, were confused by the visible demeanor of a hierarchy, so repugnant to the natural conceptions of religious duty. They learned to attach an exclusive value to external rites, to the forms rather than the spirit of Christianity; estimating the piety of men by their speculative opinions, rather than their practical conduct.—The ancient Spaniards, notwithstanding their prevalent superstition, were untinctured with the fiercer religious bigotry of later times; and the uncharitable temper of their priests, occasionally disclosed in the heats of religious war, was controlled by public opinion, which accorded a high degree of respect to the intellectual, as well as political superiority of the Arabs. But the time was now coming when these ancient barriers were to be broken down; when a difference of religious sentiment was to dissolve all the ties of human brotherhood; when uniformity of faith was to be purchased by the sacrifice of any rights, even those of intellectual freedom; when, in fine, the Christian and the Mussulman, the oppressor and the oppressed, were to be alike bowed down under the strong arm of ecclesiastical tyranny. The means by which a revolution so disastrous to Spain was effected, as well as the incipient stages of its progress, are topics that fall within the scope of the present history.

From the preceding survey of the constitutional privileges enjoyed by the different orders of the Castilian monarchy, previous to the fifteenth century, it is evident that the royal authority must have been circumscribed within very narrow limits. The numerous states, into which the great Gothic empire was broken after the conquest, were individually too insignificant to confer on their respective sovereigns the possession of extensive power, or even to authorize their assumption of that state, by which, it is supported in the eyes of the vulgar. When some more fortunate prince, by conquest or alliance, had enlarged the circle of his dominions, and thus in some measure remedied the evil, it was sure to recur upon his death, by the subdivision of his estates among his children. This mischievous practice was even countenanced by public opinion; for the different districts of the country, in their habitual independence of each other, acquired an exclusiveness of feeling, which made it difficult for them ever cordially to coalesce; and traces of this early repugnance to each other are to be discerned in the mutual jealousies and local peculiarities which still distinguish the different sections of the Peninsula, after their consolidation into one monarchy for more than three centuries.

The election to the crown, although no longer vested in the hands of the national assembly, as with the Visigoths, was yet subject to its approbation. The title of the heir apparent was formerly recognized by a cortes convoked for the purpose; and, on the demise of his parent, the new sovereign again convened the estates to receive their oath of allegiance, which they cautiously withheld until he had first sworn to preserve inviolate the liberties of the constitution. Nor was this a merely nominal privilege, as was evinced on more than one memorable occasion. [82]

We have seen, in our review of the popular branch of the government, how closely its authority pressed even on the executive functions of the administration. The monarch was still further controlled, in this department, by his Royal or Privy Council, consisting of the chief nobility and great officers of state, to which, in later times, a deputation of the commons was sometimes added. [83] This body, together with the king, had cognizance of the most important public transactions, whether of a civil, military, or diplomatic nature. It was established by positive enactment, that the prince, without its consent, had no right to alienate the royal demesne, to confer pensions beyond a very limited amount, or to nominate to vacant benefices. [84] His legislative powers were to be exercised in concurrence with the cortes; [85] and, in the judicial department, his authority, during the latter part of the period under review, seems to have been chiefly exercised in the selection of officers for the higher judicatures, from a list of candidates presented to him on a vacancy by their members concurrently with his privy council. [86]

The scantiness of the king's revenue corresponded with that of his constitutional authority. By an ancient law, indeed, of similar tenor with one familiar to the Saracens, the sovereign was entitled to a fifth of the spoils of victory. [87] This, in the course of the long wars with the Moslems, would have secured him more ample possessions than were enjoyed by any prince in Christendom. But several circumstances concurred to prevent it.

The long minorities, with which Castile was afflicted perhaps more than any country in Europe, frequently threw the government into the hands of the principal nobility, who perverted to their own emoluments the high powers intrusted to them. They usurped the possessions of the crown, and invaded some of its most valuable privileges; so that the sovereign's subsequent life was often consumed in fruitless attempts to repair the losses of his minority. He sometimes, indeed, in the impotence of other resources, resorted to such unhappy expedients as treachery and assassination. [88] A pleasant tale is told by the Spanish historians, of the more innocent device of Henry the Third, for the recovery of the estates extorted from the crown by the rapacious nobles during his minority.

Returning home late one evening, fatigued and half famished, from a hunting expedition, he was chagrined to find no refreshment prepared for him, and still more so, to learn from his steward, that he had neither money nor credit to purchase it. The day's sport, however, fortunately furnished the means of appeasing the royal appetite; and, while this was in progress, the steward took occasion to contrast the indigent condition of the king with that of his nobles, who habitually indulged in the most expensive entertainments, and were that very evening feasting with the archbishop of Toledo. The prince, suppressing his indignation, determined, like the far-famed caliph in the "Arabian Nights," to inspect the affair in person, and, assuming a disguise, introduced himself privately into the archbishop's palace, where he witnessed with his own eyes the prodigal magnificence of the banquet, teeming with costly wines and the most luxurious viands.

The next day he caused a rumor to be circulated through the court, that he had fallen suddenly and dangerously ill. The courtiers, at these tidings, thronged to the palace; and, when they had all assembled, the king made his appearance among them, bearing his naked sword in his hand, and, with an aspect of unusual severity, seated himself on his throne at the upper extremity of the apartment.

After an interval of silence in the astonished assembly, the monarch, addressing himself to the primate, inquired of him, "How many sovereigns he had known in Castile?" The prelate answering four, Henry put the same question to the duke of Benevente, and so on to the other courtiers in succession. None of them, however, having answered more than five, "How is this," said the prince, "that you, who are so old, should have known so few, while I, young as I am, have beheld more than twenty! Yes," continued he, raising his voice, to the astonished multitude, "you are the real sovereigns of Castile, enjoying all the rights and revenues of royalty, while I, stripped of my patrimony, have scarcely wherewithal to procure the necessaries of life." Then giving a concerted signal, his guards entered the apartment, followed by the public executioner bearing along with him the implements of death. The dismayed nobles, not relishing the turn the jest appeared likely to take, fell on their knees before the monarch and besought his forgiveness, promising, in requital, complete restitution of the fruits of their rapacity. Henry, content with having so cheaply gained his point, allowed himself to soften at their entreaties, taking care, however, to detain their persons as security for their engagements, until such time as the rents, royal fortresses, and whatever effects had been filched from the crown, were restored. The story, although repeated by the gravest Castilian writers, wears, it must be owned, a marvellous tinge of romance. But, whether fact, or founded on it, it may serve to show the dilapidated condition of the revenues at the beginning of the fourteenth century, and its immediate causes. [89]

Another circumstance, which contributed to impoverish the exchequer, was the occasional political revolutions in Castile, in which the adhesion of a faction was to be purchased only by the most ample concessions of the crown.—Such was the violent revolution, which placed the House of Trastamara on the throne, in the middle of the fourteenth century.

But perhaps a more operative cause, than all these, of the alleged evil, was the conduct of those imbecile princes, who, with heedless prodigality, squandered the public resources on their own personal pleasures and unworthy minions. The disastrous reigns of John the Second and Henry the Fourth, extending over the greater portion of the fifteenth century, furnish pertinent examples of this. It was not unusual, indeed, for the cortes, interposing its paternal authority, by passing an act for the partial resumption of grants thus illegally made, in some degree to repair the broken condition of the finances. Nor was such a resumption unfair to the actual proprietors. The promise to maintain the integrity of the royal demesnes formed an essential part of the coronation oath of every sovereign; and the subject, on whom he afterwards conferred them, knew well by what a precarious, illicit tenure he was to hold them.

From the view which has been presented of the Castilian constitution at the beginning of the fifteenth century, it is apparent, that the sovereign was possessed of less power, and the people of greater, than in other European monarchies at that period. It must be owned, however, as before intimated, that the practical operation did not always correspond with the theory of their respective functions in these rude times; and that the powers of the executive, being susceptible of greater compactness and energy in their movements, than could possibly belong to those of more complex bodies, were sufficiently strong in the hands of a resolute prince, to break down the comparatively feeble barriers of the law. Neither were the relative privileges, assigned to the different orders of the state, equitably adjusted. Those of the aristocracy were indefinite and exorbitant. The license of armed combinations too, so freely assumed both by this order and the commons, although operating as a safety-valve for the escape of the effervescing spirit of the age, was itself obviously repugnant to all principles of civil obedience, and exposed the state to evils scarcely less disastrous than those which it was intended to prevent.

It was apparent, that, notwithstanding the magnitude of the powers conceded to the nobility and the commons, there were important defects, which prevented them from resting on any sound and permanent basis. The representation of the people in cortes, instead of partially emanating, as in England, from an independent body of landed proprietors, constituting the real strength of the nation, proceeded exclusively from the cities, whose elections were much more open to popular caprice and ministerial corruption, and whose numerous local jealousies prevented them from acting in cordial co-operation. The nobles, notwithstanding their occasional coalitions, were often arrayed in feuds against each other. They relied, for the defence of their privileges, solely on their physical strength, and heartily disdained, in any emergency, to support their own cause by identifying it with that of the commons. Hence, it became obvious, that the monarch, who, notwithstanding his limited prerogative, assumed the anomalous privilege of transacting public business with the advice of only one branch of the legislature, and of occasionally dispensing altogether with the attendance of the other, might, by throwing his own influence into the scale, give the preponderance to whichever party he should prefer; and, by thus dexterously availing himself of their opposite forces, erect his own authority on the ruins of the weaker.—How far and how successfully this policy was pursued by Ferdinand and Isabella, will be seen in the course of this History.

* * * * *

Notwithstanding the general diligence of the Spanish historians, they have done little towards the investigation of the constitutional antiquities of Castile, until the present century. Dr. Geddes's meagre notice of the cortes preceded probably, by a long interval, any native work upon that subject. Robertson frequently complains of the total deficiency of authentic sources of information respecting the laws and government of Castile; a circumstance, that suggests to a candid mind an obvious explanation of several errors, into which he has fallen. Capmany, in the preface to a work, compiled by order of the central junta in Seville, in 1809, on the ancient organization of the cortes in the different states of the Peninsula, remarks, that "no author has appeared, down to the present day, to instruct us in regard to the origin, constitution, and celebration of the Castilian cortes, on all which topics there remains the most profound ignorance." The melancholy results to which such an investigation must necessarily lead, from the contrast it suggests of existing institutions to the freer forms of antiquity, might well have deterred the modern Spaniard from these inquiries; which, moreover, it can hardly be supposed, would have received the countenance of government. The brief interval, however, in the early part of the present century, when the nation so ineffectually struggled to resume its ancient liberties, gave birth to two productions, which have gone far to supply the desiderata in this department. I allude to the valuable works of Marina, on the early legislation, and on the cortes, of Castile, to which repeated reference has been made in this section. The latter, especially, presents us with a full exposition of the appropriate functions assigned to the several departments of government, and with the parliamentary history of Castile deduced from original unpublished records.

It is unfortunate that his copious illustrations are arranged in so unskilful a manner as to give a dry and repulsive air to the whole work. The original documents, on which it is established, instead of being reserved for an appendix, and their import only conveyed in the text, stare at the reader in every page, arrayed in all the technicalities, periphrases, and repetitions incident to legal enactments. The course of the investigation is, moreover, frequently interrupted by impertinent dissertations on the constitution of 1812, in which the author has fallen into abundance of crudities, which he would have escaped, had he but witnessed the practical operation of those liberal forms of government, which he so justly admires. The sanguine temper of Marina has also betrayed him into the error of putting, too uniformly, a favorable construction on the proceedings of the commons, and of frequently deriving a constitutional precedent from what can only be regarded as an accidental and transient exertion of power in a season of popular excitement.

The student of this department of Spanish history may consult, in conjunction with Marina, Sempere's little treatise, often quoted, on the History of the Castilian Cortes. It is, indeed, too limited and desultory in its plan to afford anything like a complete view of the subject. But, as a sensible commentary, by one well skilled in the topics that he discusses, it is of undoubted value. Since the political principles and bias of the author were of an opposite character to Marina's, they frequently lead him to opposite conclusions in the investigation of the same facts. Making all allowance for obvious prejudices, Sempere's work, therefore, may be of much use in correcting the erroneous impressions made by the former writer, whose fabric of liberty too often rests, as exemplified more than once in the preceding pages, on an ideal basis.

But, with every deduction, Marina's publications must be considered an important contribution to political science. They exhibit an able analysis of a constitution, which becomes singularly interesting, from its having furnished, together with that of the sister kingdom of Aragon, the earliest example of representative government, as well as from the liberal principles on which that government was long administered.

FOOTNOTES

[1] Aragon was formally released from this homage in 1177, and Portugal in 1264. (Mariana, Historia General de España, (Madrid, 1780,) lib. 11, cap. 14; lib. 13, cap. 20.) The king of Granada, Aben Alahmar, swore fealty to St. Ferdinand, in 1245, binding himself to the payment of an annual rent, to serve under him with a stipulated number of his knights in war, and personally attend cortes when summoned;—a whimsical stipulation this for a Mahometan prince. Conde, Historia de la Dominacion de los Arabes en España, (Madrid, 1820, 1821,) tom. iii. cap. 30.

[2] Navarre was too inconsiderable, and bore too near a resemblance in its government to the other Peninsular kingdoms, to require a separate notice; for which, indeed, the national writers afford but very scanty materials. The Moorish empire of Granada, so interesting in itself, and so dissimilar, in all respects, to Christian Spain, merits particular attention. I have deferred the consideration of it, however, to that period of the history which is occupied with its subversion. See Part I., Chapter 8.

[3] See the Canons of the fifth Council of Toledo. Florez, España Sagrada, (Madrid, 1747-1776,) tom. vi. p. 168.

[4] Recesvinto, in order more effectually to bring about the consolidation of his Gothic and Roman subjects into one nation, abrogated the law prohibiting their intermarriage. The terms in which his enactment is conceived disclose a far more enlightened policy than that pursued either by the Franks or Lombards. (See the Fuero Juzgo, (ed. de la Acad., Madrid, 1815,) lib. 3, tit. 1, ley 1.)—The Visigothic code, Fuero Juzgo, (Forum Judicum,) originally compiled in Latin, was translated into Spanish under St. Ferdinand; a copy of which version was first printed in 1600, at Madrid. (Los Doctores Asso y Manuel, Instituciones del Derecho Civil de Castilla, (Madrid, 1792,) pp. 6, 7.) A second edition, under the supervision of the Royal Spanish Academy, was published in 1815. This compilation, notwithstanding the apparent rudeness and even ferocity of some of its features, may be said to have formed the basis of all the subsequent legislation of Castile. It was, doubtless, the exclusive contemplation of these features, which brought upon these laws the sweeping condemnation of Montesquieu, as "puériles, gauches, idiotes,— frivoles dans le fond et gigantesques dans le style." Espirit des Loix, liv. 28, chap. 1.

[5] Some of the local usages, afterwards incorporated in the fueros, or charters, of the Castilian communities, may probably be derived from the time of the Visigoths. The English reader may form a good idea of the tenor of the legal institutions of this people and their immediate descendants, from an article in the sixty-first Number of the Edinburgh Review, written with equal learning and vivacity.

[6] The Christians, in all matters exclusively relating to themselves, were governed by their own laws, (See the Fuero Juzgo, Introd. p. 40,) administered by their own judges, subject only in capital cases to an appeal to the Moorish tribunals. Their churches and monasteries (rosae inter spinas, says the historian) were scattered over the principal towns, Cordova retaining seven, Toledo six, etc.; and their clergy were allowed to display the costume, and celebrate the pompous ceremonial, of the Romish communion. Florez, España Sagrada, tom. x. trat. 33, cap, 7.— Morales, Corónica General de España, (Obras, Madrid, 1791-1793,) lib. 12, cap. 78.—Conde, Domination de los Arabes, part 1, cap. 15, 22.

[7] Morales, Corónica, lib. 12, cap. 77.—Yet the names of several nobles resident among the Moors appear in the record of those times. (See Salazar de Mendoza, Monarquía de España, (Madrid, 1770,) tom. i. p. 34, note.) If we could rely on a singular fact, quoted by Zurita, we might infer that a large proportion of the Goths were content to reside among their Saracen conquerors. The intermarriages among the two nations had been so frequent, that, in 1311, the ambassador of James II., of Aragon, stated to his Holiness, Pope Clement V., that of 200.000 persons composing the population of Granada, not more than 500 were of pure Moorish descent! (Anales de la Corona de Aragon, (Zaragoza, 1610,) lib. 5, cap. 93.) As the object of the statement was to obtain certain ecclesiastical aids from the pontiff, in the prosecution of the Moorish war, it appears very suspicious, notwithstanding the emphasis laid on it by the historian.

[8] Bleda, Corónica de los Moros de España, (Valencia, 1618,) p. 171.— This author states, that in his time there were several families in Ireland, whose patronymics bore testimony to their descent from these Spanish exiles. That careful antiquarian, Morales, considers the regions of the Pyrenees lying betwixt Aragon and Navarre, together with the Asturias, Biscay, Guipuscoa, the northern portion of Galicia and the Alpuxarras, (the last retreat, too, of the Moors, under the Christian domination,) to have been untouched by the Saracen invaders. See lib. 12, cap. 76.

[9] The lot of the Visigothic slave was sufficiently hard. The oppressions, which this unhappy race endured, were such as to lead Mr. Southey, in his excellent Introduction to the "Chronicle of the Cid," to impute to their co-operation, in part, the easy conquest of the country by the Arabs. But, although the laws, in relation to them, seem to be taken up with determining their incapacities rather than their privileges, it is probable that they secured to them, on the whole, quite as great a degree of civil consequence, as was enjoyed by similar classes in the rest of Europe. By the Fuero Juzgo, the slave was allowed to acquire property for himself, and with it to purchase his own redemption. (Lib. 5, tit. 4, ley 16.) A certain proportion of every man's slaves were also required to bear arms, and to accompany their master to the field. (Lib. 9, tit 2, ley 8.) But their relative rank is better ascertained by the amount of composition (that accurate measurement of civil rights with all the barbarians of the north) prescribed for any personal violence inflicted on them. Thus, by the Salic law, the life of a free Roman was estimated at only one-fifth of that of a Frank, (Lex Salica, tit. 43, sec. 1, 8;) while, by the law of the Visigoths, the life of a slave was valued at half of that of a freeman, (lib. 6, tit. 4, ley 1.) In the latter code, moreover, the master was prohibited, under the severe penalties of banishment and sequestration of property, from either maiming or murdering his own slave, (lib. 6, tit. 5, leyes 12, 13;) while, in other codes of the barbarians, the penalty was confined to similar trespasses on the slaves of another; and, by the Salic law, no higher mulct was imposed for killing, than for kidnapping a slave. (Lex Salica, tit. 11, sec. 1, 3.) The legislation of the Visigoths, in those particulars, seems to have regarded this unhappy race as not merely a distinct species of property. It provided for their personal security, instead of limiting itself to the indemnification of their masters.

[10] Corónica General, part. 3, fol. 54.

[11] According to Morales, (Corónica, lib. 13, cap. 57,) this took place about 850.

[12] Toledo was not reconquered until 1085; Lisbon, in 1147.

[13] The archbishops of Toledo, whose revenues and retinues far exceeded those of the other ecclesiastics, were particularly conspicuous in these holy wars. Mariana, speaking of one of these belligerent prelates, considers it worthy of encomium, that "it is not easy to decide whether he was most conspicuous for his good government in peace, or his conduct and valor in war." Hist. de España, tom. ii. p. 14.

[14] The first occasion, on which the military apostle condescended to reveal himself to the Leonese, was the memorable day of Clavijo, A. D. 844, when 70,000 infidels fell on the field. From that time, the name of St. Jago became the battle-cry of the Spaniards. The truth of the story is attested by a contemporary charter of Ramiro I. to the church of the saint, granting it an annual tribute of corn and wine from the towns in his dominions, and a knight's portion of the spoils of every victory over the Mussulmans. The privilegio del voto, as it is called, is given at length by Florez in his Collection, (España Sagrada, tom. xix. p. 329,) and is unhesitatingly cited by most of the Spanish historians, as Garibay, Mariana, Morales, and others.—More sharp-sighted critics discover, in its anachronisms, and other palpable blunders, ample evidence of its forgery. (Mondejar, Advertencies &, la Historia de Mariana (Valencia, 1746,) no. 157,—Masdeu, Historia Crítica de España, y de la Cultura Española, (Madrid, 1783-1805,) tom. xvi. supl. 18.) The canons of Compostella, however, seem to have found their account in it, as the tribute of good cheer, which it imposed, continued to be paid by some of the Castilian towns, according to Mariana, in his day. Hist. de España, tom. i. p. 416.

[15] French, Flemish, Italian, and English volunteers, led by men of distinguished rank, are recorded by the Spanish writers to have been present at the sieges of Toledo, Lisbon, Algeziras, and various others. More than sixty, or, as some accounts state, a hundred thousand, joined the army before the battle of Navas de Tolosa; a round exaggeration, which, however, implies the great number of such auxiliaries. (Garibay, Compendio Historial de las Chrónicas de España, (Barcelona, 1628,) lib. 12, cap. 33.) The crusades in Spain were as rational enterprises, as those in the East were vain and chimerical. Pope Pascal II. acted like a man of sense, when he sent back certain Spanish adventurers, who had embarked in the wars of Palestine, telling them that "the cause of religion could be much better served by them at home."

[16] See Heeren, Politics of Ancient Greece, translated by Bancroft, chap. 7.

[17] The oldest manuscript extant of this poem, (still preserved at Bivar, the hero's birth-place,) bears the date of 1207, or at latest 1307, for there is some obscurity in the writing. Its learned editor, Sanchez, has been led by the peculiarities of its orthography, metre, and idiom, to refer its composition to as early a date as 1153. (Coleccion de Poesías Castellanas anteriores al Siglo XV. (Madrid 1779-90,) tom. i. p. 223.)

Some of the late Spanish antiquaries have manifested a skepticism in relation to the "Cid," truly alarming. A volume was published at Madrid, in 1792, by Risco, under the title of "Castilla, o Historia de Rodrigo Diaz," etc., which the worthy father ushered into the world with much solemnity, as a transcript of an original manuscript coeval with the time of the "Cid," and fortunately discovered by him in an obscure corner of some Leonese monastery. (Prólogo). Masdeu, in an analysis of this precious document, has been led to scrutinize the grounds on which the reputed achievements of the "Cid" have rested from time immemorial, and concludes with the startling assertion, that "of Rodrigo Diaz, el Campeador, we absolutely know nothing with any degree of probability, not even his existence!" (Hist. Crítica, tom. xx. p. 370.) There are probably few of his countrymen, that will thus coolly acquiesce in the annihilation of their favorite hero, whose exploits have been the burden of chronicle, as well as romance, from the twelfth century down to the present day.

They may find a warrant for their fond credulity, in the dispassionate judgment of one of the greatest of modern historians, John Muller, who, so far from doubting the existence of the Campeador, has succeeded, in his own opinion at least, in clearing from his history the "mists of fable and extravagance," in which it has been shrouded. See his Life of the Cid, appended to Escobar's "Romancero," edited by the learned and estimable Dr. Julius, of Berlin. Frankfort, 1828.

[18] A modern minstrel inveighs loudly against this charity of his ancestors, who devoted their "cantos de cigarra," to the glorification of this "Moorish rabble," instead of celebrating the prowess of the Cid, Bernardo, and other worthies of their own nation. His discourtesy, however, is well rebuked by a more generous brother of the craft.

"No es culpa si de los Moros los valientes hechos cantan, pues tanto mas resplandecen nuestras celebres hazañas; que el encarecer los hechos del vencido en la batalla, engrandece al vencedor, aunque no hablen de el palabra."

Duran, Romancero de Romances Moriscos, (Madrid, 1828.) p. 227.

[19] When the empress queen of Alfonso VII. was besieged in the castle of Azeca, in 1139, she reproached the Moslem cavaliers for their want of courtesy and courage in attacking a fortress defended by a female. They acknowledged the justice of the rebuke, and only requested that she would condescend to show herself to them from her palace; when the Moorish chivalry, after paying their obeisance to her in the most respectful manner, instantly raised the siege, and departed. (Ferreras, Histoire Générale d'Espagne, traduite par d'Hermilly, (Paris, 1742-51.) tom. in. p. 410.) It was a frequent occurrence to restore a noble captive to liberty without ransom, and even with costly presents. Thus Alfonso XI. sent back to their father two daughters of a Moorish prince, who formed part of the spoils of the battle of Tarifa. (Mariana, Hist. die España, tom. ii. p. 32.) When this same Castilian sovereign, after a career of almost uninterrupted victory over the Moslems, died of the plague before Gibraltar, in 1350, the knights of Granada put on mourning for him, saying, that "he was a noble prince, and one that knew how to honor his enemies as well as his friends." Conde, Domination de los Arabes, tom. iii. p. 149.

[20] One of the most extraordinary achievements, in this way, was that of the grand master of Alcantara, in 1394, who, after ineffectually challenging the king of Granada to meet him in single combat, or with a force double that of his own, marched boldly up to the gates of his capital, where he was assailed by such an overwhelming host, that he with all his little band perished on the field. (Mariana, Hist. de España, lib. 19, cap. 3.) It was over this worthy compeer of Don Quixote that the epitaph was inscribed, "Here lies one who never knew fear," which led Charles V. to remark to one of his courtiers, that "the good knight could never have tried to snuff a candle with his fingers."

[21] This singular fact, of the existence of an Arabic military order, is recorded by Conde. (Dominacion de los Arabes, tom. i. p. 619, note.) The brethren were distinguished for the simplicity of their attire, and their austere and frugal habits. They were stationed on the Moorish marches, and were bound by a vow of perpetual war against the Christian infidel. As their existence is traced as far back as 1030, they may possibly have suggested the organization of similar institutions in Christendom, which they preceded by a century at least. The loyal historians of the Spanish military orders, it is true, would carry that of St. Jago as far back as the time of Ramiro I., in the ninth century; (Caro de Torres, Historia de las Ordenes Militares de Santiago, Calatrava, y Alcantara, (Madrid, 1629,) fol. 2.—Rades y Andrada, Chrónica de las Tres Ordenes y Cavallerías, (Toledo, 1572,) fol. 4,) but less prejudiced critics, as Zurita and Mariana, are content with dating it from the papal bull of Alexander III., 1175.

[22] In one of the Paston letters, we find the notice of a Spanish knight appearing at the court of Henry VI., "wyth a Kercheff of Plesaunce iwrapped aboute hys arme, the gwych Knight," says the writer, "wyl renne a cours wyth a sharpe spere for his sou'eyn lady sake." (Fenn, Original Letters, (1787,) vol. i. p. 6.) The practice of using sharp spears, instead of the guarded and blunted weapons usual in the tournament, seems to have been affected by the chivalrous nobles of Castile; many of whom, says the chronicle of Juan II., lost their lives from this circumstance, in the splendid tourney given in honor of the nuptials of Blanche of Navarre and Henry, son of John II. (Crónica de D. Juan II., (Valencia, 1779,) p. 411.) Monstrelet records the adventures of a Spanish cavalier, who "travelled all the way to the court of Burgundy to seek honor and reverence" by his feats of arms. His antagonist was the Lord of Chargny; on the second day they fought with battle-axes, and "the Castilian attracted general admiration, by his uncommon daring in fighting with his visor up." Chroniques, (Paris, 1595,) tom. ii. p. 109.

[23] The Venetian ambassador, Navagiero, speaking of the manners of the Castilian nobles, in Charles V.'s time, remarks somewhat bluntly, that, "if their power were equal to their pride, the whole world would not be able to withstand them." Viaggio fatto in Spagna et in Francia, (Vinegia, 1563,) fol. 10.

[24] The most ancient of these regular charters of incorporation, now extant, was granted by Alfonso V., in 1020, to the city of Leon and its territory. (Mariana rejects those of an earlier date, adduced by Asso and Manuel and other writers. Ensayo Histórico-Crítico, sobre la Antigua Legislation de Castilla, (Madrid, 1808,) pp. 80-82.) It preceded, by a long interval, those granted to the burgesses in other parts of Europe, with the exception, perhaps, of Italy; where several of the cities, as Milan, Pavia, and Pisa, seem early in the eleventh century to have exercised some of the functions of independent states. But the extent of municipal immunities conceded to, or rather assumed by, the Italian cities at this early period, is very equivocal; for their indefatigable antiquarian confesses that all, or nearly all their archives, previous to the time of Frederick I., (the latter part of the twelfth century,) had perished amid their frequent civil convulsions. (See the subject in detail, in Muratori, Dissertazioni sopra le Antichità Italiane, (Napoli, 1752,) dissert. 45.) Acts of enfranchisement became frequent in Spain during the eleventh century; several of which are preserved, and exhibit, with sufficient precision, the nature of the privileges accorded to the inhabitants.—Robertson, who wrote when the constitutional antiquities of Castile had been but slightly investigated, would seem to have little authority, therefore, for deriving the establishment of communities from Italy, and still less for tracing their progress through France and Germany to Spain. See his History of the Reign of the Emperor Charles V, (London, 1796,) vol. i. pp. 29, 30.

[25] For this account of the ancient polity of the Castilian cities, the reader is referred to Sempere, Histoire des Cortès d'Espagne, (Bordeaux, 1815,) and Marina's valuable works, Ensayo Histórico-Crítico sobre la Antigua Legislacion de Camilla, (Nos. 160-196,) and Teoría de las Cortes, (Madrid, 1813, part. 2, cap. 21-23,) where the meagre outline given above is filled up with copious illustration.

[26] The independence of the Lombard cities had been sacrificed, according to the admission of their enthusiastic historian, about the middle of the thirteenth century. Sismondi, Histoire des Républiques Italiennes du Moyen-Age, (Paris, 1818,) ch. 20.

[27] Or in 1160, according to the Corónica General, (part. 4, fol. 344, 345,) where the fact is mentioned; Mariana refers this celebration of cortes to 1170, (Hist. de España, lib. 11, cap. 2;) but Ferreras, who often rectifies the chronological inaccuracies of his predecessor, fixes it in 1169. (Hist. d'Espagne, tom. iii. p. 484) Neither of these authors notices the presence of the commons in this assembly; although the phrase used by the Chronicle, los cibdadanos, is perfectly unequivocal.

[28] Capmany, Práctica y Estilo de Celebrar Cortes en Aragon, Cataluña, y Valencia, (Madrid, 1821,) pp. 230, 231.—Whether the convocation of the third estate to the national councils proceeded from politic calculation in the sovereign, or was in a manner forced on him by the growing power and importance of the cities, it is now too late to inquire. It is nearly as difficult to settle on what principles the selection of cities to be represented depended. Marina asserts, that every great town and community was entitled to a seat in the legislature, from the time of receiving its municipal charter from the sovereign, (Teoría, tom. i. p. 138;) and Sempere agrees, that this right became general, from the first, to all who chose to avail themselves of it. (Histoire des Cortès, p. 56.) The right, probably, was not much insisted on by the smaller and poorer places, which, from the charges it involved, felt it often, no doubt, less of a boon than a burden. This, we know, was the case in England.

[29] It was an evil of scarcely less magnitude, that contested elections were settled by the crown. (Capmany, Práctica y Estilo, p. 231.) The latter of these practices, and, indeed, the former to a certain extent, are to be met with in English history.

[30] Marina leaves this point in some obscurity. (Teoría, tom. i. cap. 28.) Indeed, there seems to have been some irregularity in the parliamentary usages themselves. From minutes of a meeting of cortes at Toledo, in 1538, too soon for any material innovation on the ancient practice, we find the three estates sitting in separate chambers, from the very commencement to the close of the session. See the account drawn up by the count of Coruña, apud Capmany, Práctica y Estilo, pp. 240 et seq.

[31] 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 procuradores sin ellos, no seria válido lo que hicieren." Relacion del Conde de Coruña, apud Capmany, Práctica y Estilo, p. 247.

[32] 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.

[33] During the famous war of the Comunidades, under Charles V. For the preceding paragraph consult Marina, (Teoría, 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, Teoría, part. 1, cap. 23.

[34] The term "fundamental principle" is fully authorized by the existence of repeated enactments to this effect. Sempere, who admits the "usage," objects to the phrase "fundamental law," on the ground that these acts were specific, not general, in their character. Histoire des Cortès, p. 254.

[35] "Los Reyes en nuestros Reynos progenitores establecieron por leyes, y ordenanças fechas en Cortes, que no se echassen, ni repartiessen ningunos pechos, seruicios, pedidos, ni monedas, ni otros tributes nueuos, especial, ni generalmente en todos nuestros Reynos, sin que primeramente sean llamados à Cortes los procuradores de todas las Ciudades, y villas de nuestros Reynos, y sean otorgados por los dichos procuradores que á las Cortes vinieren." (Recopilacion de las Leyes, (Madrid, 1640,) tom. ii. fol. 124.) This law, passed under Alfonso XI., was confirmed by John II., Henry III., and Charles V.

[36] In 1258, they presented a variety of petitions to the king, in relation to his own personal expenditure, as well as that of his courtiers; requiring him to diminish the charges of his table, attire, etc., and, bluntly, to "bring his appetite within a more reasonable compass;" to all which he readily gave his assent. (Sempere y Guarinos, Historia del Luxo, y de las Leyes Suntuarias de España, (Madrid, 1788,) tom. i. pp. 91, 92.) The English reader is reminded of a very different result, which attended a similar interposition of the commons in the time of Richard II., more than a century later.

[37] Marina claims also the right of the cortes to be consulted on questions of war and peace, of which he adduces several precedents. (Teoría, part. 2, cap. 19, 20.) Their interference in what is so generally held the peculiar province of the executive, was perhaps encouraged by the sovereign, with the politic design of relieving himself of the responsibility of measures whose success must depend eventually on their support. Hallam notices a similar policy of the crown, under Edward III., in his view of the English constitution during the Middle Ages. View of the State of Europe during the Middle 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 continued to be observed in Castile down to the present time. Práctica y Estilo, p. 229.

[39] For the preceding notice of the cortes, see Marina, Teoría, part. 2, cap. 13, 19, 20, 21, 31, 35, 37, 38.

[40] So at least they are styled by Marina. See his account of these institutions; (Teoría, part. 2, cap. 39;) also Salazar de Mendoza, (Monarquía, lib. 3, cap. 15, 16,) and Sempere, (Histoire des Cortès, chap. 12, 13.) One hundred cities associated in the Hermandad of 1315. In that of 1295, were thirty-four. The knights and inferior nobility frequently made part of the association. The articles of confederation are given by Risco, in his continuation of Florez. (España Sagrada, (Madrid, 1775- 1826,) tom. xxxvi. p. 162.) In one of these articles it is declared, that, if any noble shall deprive a member of the association of his property, and refuse restitution, his house shall be razed to the ground. (Art. 4.) In another, that if any one, by command of the king, shall attempt to collect an unlawful tax, he shall be put to death on the spot. Art. 9.

[41] See Sempere, Historia del Luxo, tom. i. p. 97.—Masdeu, Hist. Crítica, tom. xiii. nos. 90, 91.—Gold and silver, curiously wrought into plate, were exported in considerable quantities from Spain, the tenth and eleventh centuries. They were much used in the churches. The tiara of the pope was so richly encrusted with the precious metals, says Masdeu, as to receive the name of Spanodista. The familiar use of these metals as ornaments of dress is attested by the ancient poem of the "Cid." See, in particular, the costume of the Campeador; vv. 3099 et seq.

[42] Zuñiga, Annales Eclesiasticos y Seculares de Sevilla, (Madrid, 1677,) pp. 74, 75.—Sempere, Historia del Luxo, tom. i. p. 80.

[43] The historian of Seville describes that city, about the middle of the fifteenth century, as possessing a flourishing commerce and a degree of opulence unexampled since the conquest. It was filled with an active population, employed in the various mechanic arts. Its domestic fabrics, as well as natural products, of oil, wine, wool, etc., supplied a trade with Prance, Flanders, Italy, and England. (Zuñiga, Annales de Sevilla, p. 341.—See also Sempere, Historia del Luxo, p. 81, nota 2.) The ports of Biscay, which belonged to the Castilian crown, were the marts of an extensive trade with the north, during the thirteenth and fourteenth centuries. This province entered into repeated treaties of commerce with France and England; and her factories were established at Bruges, the great emporium of commercial intercourse during this period between the north and south, before those of any other people in Europe, except the Germans. (Diccionario Geográfico-Histórico de España, por la Real Academia de la Historia, (Madrid, 1802,) tom. i. p. 333.)

The institution of the mesta is referred, says Laborde, (Itinéraire Descriptif de l'Espagne, (Paris, 1827-1830,) tom. iv. p. 47,) to the middle of the fourteenth century, when the great plague, which devastated the country so sorely, left large depopulated tracts open to pasturage. This popular opinion is erroneous, since it engaged the attention of government, and became the subject of legislation as anciently as 1273, under Alfonso the Wise. (See Asso y Manuel, Instituciones, Introd. p. 56.) Capmany, however, dates the great improvement in the breed of Spanish sheep from the year 1394, when Catharine of Lancaster brought with her, as a part of her dowry to the heir apparent of Castile, a flock of English merinos, distinguished, at that time, above those of every other country, for the beauty and delicacy of their fleece. (Memorias Históricas sobre la Marina, Comercio, y Artes de Barcelona, (Madrid, 1779-1792,) tom. iii. pp. 336, 337.) This acute writer, after a very careful examination of the subject, differing from those already quoted, considers the raw material for manufacture, and the natural productions of the soil, to have constituted almost the only articles of export from Spain, until after the fifteenth century. (Ibid., p. 338.) We will remark, in conclusion of this desultory note, that the term merinos is derived, by Conde, from moedinos, signifying "wandering;" the name of an Arabian tribe, who shifted their place of residence with the season. (Hist. de los Arabes en España, tom. i. p. 488, nota.) The derivation might startle any but a professed etymologist.

[44] See the original acts, cited by Sempere. (Historia del Luxo, passim.) The archpriest of Hita indulges his vein freely against the luxury, cupidity, and other fashionable sins of his age. (See Sanchez, Poesias Castellanas, tom. iv.)—The influence of Mammon appears to have been as supreme in the fourteenth century as at any later period.

"Sea un ome nescio, et rudo labrador,
Los dineros le fasen fidalgo e sabidor,
Quanto mas algo tiene, tanto es mas de valor,
El que no ba dineros, non es de si señor."
Vv. 465 et seq.

[45] Marina, Ensayo, nos. 199, 297.—Zuñiga, Annales de Sevilla, p. 341.

[46] Marina, Teoría, part. 2, cap. 28.—Mariana, Hist. de España, lib. 18, cap. 15.—The admission of citizens into the king's council would have formed a most important epoch for the commons, had they not soon been replaced by jurisconsults, whose studies and sentiments inclined them less to the popular side than to that of prerogative.

[47] Ibid., lib. 18, cap. 17.

[48] Castilla. See Salazar de Mendoza, Monarquía, tom. i. p. 108.— Livy mentions the great number of these towers in Spain in his day. "Multas et locis altis positas turres Hispania habet." (Lib. 22, cap. 19.)—A castle was emblazoned on the escutcheon of Castile, as far back as the reign of Urraca, in the beginning of the twelfth century, according to Salazar de Mendoza, (Monarquía, tom. i. p. 142,) although Garibay discerns no vestige of these arms on any instrument of a much older date than the beginning of the thirteenth century. Compendio, lib. 12, cap. 32.

[49]
"Hizo guerra a los Moros,
Ganando sus fortalezas
Y sus villas.
Y en las lides que Venció
Caballeros y Caballos
Se perdiéron,
Y en este ofloio ganó
Las rentas y los vasallos
Que le dieron." Coplas de Manrique, copla 31.

[50] Asso and Manuel derive the introduction of fiefs into Castile, from Catalonia. (Instituciones, p. 96.) The twenty-sixth title, part. 4, of Alfonso X.'s code, (Siete Partidas,) treats exclusively of them. (De los Feudos.) The laws 2, 4, 5, are expressly devoted to a brief exposition of the nature of a fief, the ceremonies of investiture, and the reciprocal obligations of lord and vassal. Those of the latter consisted in keeping his lord's counsel, maintaining his interest, and aiding him in war. With all this, there are anomalies in this code, and still more in the usages of the country, not easy to explain on the usual principles of the feudal relation; a circumstance, which has led to much discrepancy of opinion on the subject, in political writers, as well as to some inconsistency. Sempere, who entertains no doubt of the establishment of feudal institutions in Castile, tells us, that "the nobles, after the Conquest, succeeded in obtaining an exemption from military service,"—one of the most conspicuous and essential of all the feudal relations. Histoire des Cortès, pp. 30, 72, 249.

[51] Asso y Manuel, Instituciones, p. 26.—Sempere, Histoire des Cortès, chap. 4.—The incensed nobles quitted the cortes in disgust, and threatened to vindicate their rights by arms, on one such occasion, 1176. Mariana, Hist. de España, tom. i. p. 644. See also tom. ii. p. 176.

[52] Idem auctores, ubi supra.—Prieto y Sotelo, Historia del Derecho Real de España, (Madrid, 1738,) lib. 2, cap. 23; lib. 3, cap. 8.

[53] Siete Partidas, (ed. de la Real Acad., Madrid, 1807,) part. 4, tit. 25, ley 11. On such occasions they sent him a formal defiance by their king at arms. Mariana, Hist. de España, tom. i. pp. 768, 912.

[54] Ibid., tom. i. pp. 707, 713.

[55] The forms of this solemnity may be found in Mariana, Hist. de España, tom. i. p. 907.

[56] Marina, Ensayo, p. 128.

[57] John I., in 1390, authorized appeals from the seignorial tribunals to those of the crown. Ibid., tom. ii. p. 179.

[58] The nature of these dignities is explained in Salazar de Mendoza, Monarquía, tom. i. pp. 155, 166, 203.

[59] From the scarcity of these baronial residences, some fanciful etymologists have derived the familiar saying of "Châteaux en Espagne." See Bourgoanne, Travels in Spain, tom. ii. chap. 12.

[60] Mariana, Hist. de España, tom. i. p. 910.

[61] Crónica de Don Alvaro de Luna, (ed. de la Acad. Madrid, 1784,) App. p. 465.

[62] Guzman, Generaciones y Semblanzas, (Madrid, 1775,) cap. 84.—His annual revenue is computed by Perez de Guzman, at 100,000 doblas of gold; a sum equivalent to 856,000 dollars at the present day.

[63] The former of these two sums is equivalent to $438,875, or £91,474 sterling; and the latter to $526,650, or £109,716, nearly. I have been guided by a dissertation of Clemencin, in the sixth volume of the Memorias de la Real Academia de la Historia, (Madrid, 1821, pp. 507-566,) in the reduction of sums in this History. That treatise is very elaborate and ample, and brings under view all the different coins of Ferdinand and Isabella's time, settling their specific value with great accuracy. The calculation is attended with considerable difficulty, owing to the depreciation of the value of the precious metals, and the repeated adulteration of the real. In his tables, at the end, he exhibits the commercial value of the different denominations, ascertained by the quantity of wheat (as sure a standard as any), which they would buy at that day. Taking the average of values, which varied considerably in different years of Ferdinand and Isabella, it appears that the ducat, reduced to our own currency, will be equal to about eight dollars and seventy-seven cents, and the dobla to eight dollars and fifty-six cents.

[64] The ample revenues of the Spanish grandee of the present time, instead of being lavished on a band of military retainers, as of yore, are sometimes dispensed in the more peaceful hospitality of supporting an almost equally formidable host of needy relations and dependants. According to Bourgoanne (Travels in Spain, vol. 1. chap. 4), no less than 3000 of these gentry were maintained on the estates of the duke of Arcos, who died in 1780.

[65] Mendoza records the circumstance of the head of the family of Ponce de Leon, (a descendant of the celebrated marquis of Cadiz,) carrying his son, then thirteen years old, with him into battle; "an ancient usage," he says, "in that noble house." (Guerra de Granada, (Valencia, 1776,) p. 318.) The only son of Alfonso VI. was slain, fighting manfully in the ranks, at the battle of Ucles, in 1109, when only eleven years of age. Mariana, Hist. de España, tom. i. p. 565.

[66] The northern provinces, the theatre of this primitive independence, have always been consecrated by this very circumstance, in the eyes of a Spaniard. "The proudest lord," says Navagiero, "feels it an honor to trace his pedigree to this quarter." (Viaggio, fol. 44.) The same feeling has continued, and the meanest native of Biscay, or the Asturias, at the present day, claims to be noble; a pretension, which often contrasts ridiculously enough with the humble character of his occupation, and has furnished many a pleasant anecdote to travellers.

[67] An elaborate dissertation, by the advocate Don Alonso Carillo, on the pre-eminence and privileges of the Castilian grandee, is appended to Salazar de Mendoza's Origen de las Dignidades Seglares de Castilla, (Madrid, 1794.) The most prized of these appears to be that of keeping the head covered in the presence of the sovereign; "prerogativa tan ilustre," says the writer, "que ella sola imprime el principal caracter de la Grandeza. Y considerada por sus efectos admirables, ocupa dignamente el primero lugar." (Discurso 3.) The sentimental citizen Bourgoanne, finds it necessary to apologize to his republican brethren, for noticing these "important trifles." Travels in Spain, vol. i. chap. 4.

[68] "Los llamaron fijosdalgo, que muestra a tanto como fijos de bien." (Siete Partidas, part. 2, tit. 21.) "Por hidalgos se entienden los hombres escogidos de buenos lugares é con algo." Asso y Manuel, Instituciones, pp. 33, 34.

[69] Recop. de las Leyes, lib. 6, tit. 1, leyes 2, 9; tit. 2, leyes 3, 4, 10; tit. 14, leyes 14, 19.—They were obliged to contribute to the repair of fortifications and public works, although, as the statute expresses it, "tengan privilegios para que sean essentos de todos pechos."

[70] The knight was to array himself in light and cheerful vestments, and, in the cities and public places his person was to be enveloped in a long and flowing mantle, in order to impose greater reverence on the people. His good steed was to be distinguished by the beauty and richness of his caparisons. He was to live abstemiously, indulging himself in none of the effeminate delights of couch or banquet. During his repast, his mind was to be refreshed with the recital, from history, of deeds of ancient heroism; and in the fight he was commanded to invoke the name of his mistress, that it might infuse new ardor into his soul, and preserve him from the commission of unknightly actions. See Siete Partidas, part, 2, tit. 21, which is taken up with defining the obligations of chivalry.

[71] See Fuero Juzgo, lib. 3, which is devoted almost exclusively to the sex. Montesquieu discerns in the jealous surveillance, which the Visigoths maintained over the honor of their women, so close an analogy with oriental usages, as must have greatly facilitated the conquest of the country by the Arabians. Esprit des Loix, liv. 14, chap. 14.

[72] Warton's expression. See vol. i. p. 245, of the late learned edition of his History of English Poetry, (London, 1824.)

[73] See the "Passo Honroso" appended to the Crónica de Alvaro de Luna.

[74] The present narrative will introduce the reader to more than one belligerent prelate, who filled the very highest post in the Spanish, and, I may say, the Christian Church, next the papacy. (See Alvaro Gomez, De Rebus Gestis a Francisco Ximenio Cisnerio, (Compluti, 1569,) fol. 110 et seq.) The practice, indeed, was familiar in other countries, as well as Spain, at this late period. In the bloody battle of Ravenna, in 1512, two cardinal legates, one of them the future Leo X., fought on opposite sides. Paolo Giovo, Vita Leonis X., apud "Vitae Illustrium Virorum," (Basiliae, 1578,) lib. 2.

[75] The contest for supremacy, between the Mozarabic ritual and the Roman, is familiar to the reader, in the curious narrative extracted by Robertson from Mariana, Hist. de España, lib. 9, cap. 18.

[76] Siete Partidas, part. 1, tit. 6.—Florez, España Sagrada, tom. xx. p. 16.—The Jesuit Mariana appears to grudge this appropriation of the "sacred revenues of the Church" to defray the expenses of the holy war against the Saracen. (Hist. de España, tom. i. p. 177.) See also the Ensayo, (nos. 322-364,) where Marina has analyzed and discussed the general import of the first of the Partidas.

[77] Marina, Ensayo, ubi supra, and nos. 220 et seq.

[78] See the original acts quoted by Sempere, in his Historia del Luxo, tom. i. pp. 166 et seq.

[79] Lucio Marineo Siculo, Cosas Memorables de España, (Alcalá de Henares, 1539,) fol. 16.

[80] Navagiero, Viaggio, fol. 9.—L. Marineo, Cosas Memorables, fol. 12.— Laborde reckons the revenues of this prelate, in his tables, at 12,000,000 reals, or 600,000 dollars. (Itinéraire, tom. vi. p. 9.) The estimate is grossly exaggerated for the present day. The rents of this see, like those of every other in the kingdom, have been grievously clipped in the late political troubles. They are stated by the intelligent author of "A Year in Spain," on the authority of the clergy of the diocese, at one-third of the above sum, only; (p. 217, Boston ed. 1829;) an estimate confirmed by Mr. Inglis, who computes them at £40,000. Spain in 1830, vol. i. ch. 11.

[81] Modern travellers, who condemn without reserve the corruption of the inferior clergy, bear uniform testimony to the exemplary piety and munificent charities of the higher dignitaries of the church.

[82] Marina, Teoría, part. 2, cap. 2, 5, 6.—A remarkable instance of this occurred as late as the accession of Charles V.

[83] The earliest example of this permanent committee of the commons, residing at court, and entering into the king's council, was in the minority of Ferdinand IV., in 1295. The subject is involved in some obscurity, which Marina has not succeeded in dispelling. He considers the deputation to have formed a necessary and constituent part of the council, from the time of its first appointment. (Teoría, tom. ii. cap. 27, 28.) Sempere, on the other hand, discerns no warrant for this, after its introduction, till the time of the Austrian dynasty. (Histoire des Cortès, chap. 29.) Marina, who too often mistakes anomaly for practice, is certainly not justified, even by his own showing, in the sweeping conclusions to which he arrives. But, if his prejudices lead him to see more than has happened, on the one hand, those of Sempere, on the other, make him sometimes high gravel blind.

[84] The important functions and history of this body are investigated by Marina. (Teoría, part. 2, cap. 27, 28, 29.) See also Sempere, (Histoire des Cortès, cap. 16,) and the Informe de Don Agustin Riol, (apud Semanario Erudito, tom. iii. pp. 113 et seq.) where, however, its subsequent condition is chiefly considered.

[85] Not so exclusively, however, by any means, as Marina pretends. (Teoría, part. 2, cap. 17, 18.) He borrows a pertinent illustration from the famous code of Alfonso X., which was not received as law of the land till it had been formally published in cortes, in 1348, more than seventy years after its original compilation. In his zeal for popular rights, he omits to notice, however, the power so frequently assumed by the sovereign of granting fueros, or municipal charters; a right, indeed, which the great lords, spiritual and temporal, exercised in common with him, subject to his sanction. See a multitude of these seignorial codes, enumerated by Asso and Manuel. (Instituciones, Introd., pp. 31 et seq.) The monarch claimed, moreover, though not by any means so freely as in later times, the privilege of issuing pragmáticas, ordinances of an executive character, or for the redress of grievances submitted to him by the national legislature. Within certain limits, this was undoubtedly a constitutional prerogative; But the history of Castile, like that of most other countries in Europe, shows how easily it was abused in the hands of an arbitrary prince.

[86] The civil and criminal business of the kingdom was committed, in the last resort, to the very ancient tribunal of alcaldes de casa y corte, until, in 1371, a new one, entitled the royal audience or chancery, was constituted under Henry II., with supreme and ultimate jurisdiction in civil causes. These, in the first instance, however, might be brought before the alcaldes de la corte, which continued, and has since continued, the high court in criminal matters.

The audiencia, or chancery, consisted at first of seven judges, whose number varied a good deal afterwards. They were appointed by the crown, in the manner mentioned in the text. Their salaries were such as to secure their independence, as far as possible, of any undue influence; and this was still further done by the supervision of cortes, whose acts show the deep solicitude with which it watched over the concerns and conduct of this important tribunal. For a notice of the original organization and subsequent modifications of the Castilian courts, consult Marina, (Teoría, part. 2, cap. 21-25,) Riol, (Informe, apud Semanario Erudito, tom. iii. pp. 129 et seq.) and Sempere, (Histoire des Cortès, chap. 15,) whose loose and desultory remarks show perfect familiarity with the subject, and presuppose more than is likely to be found in the reader.

[87] Siete Partidas, part. 2, tit. 26, leyes 5, 6, 7.—Mendoza notices this custom as recently as Philip II.'s day. Guerra de Granada, p. 170.

[88] Mariana, Hist. de España, lib. 15, cap. 19, 20.

[89] Garibay, Compendio, tom. ii. p. 399.—Mariana, Hist. de España, tom. ii. pp. 234, 235.—Pedro Lopez de Ayala, chancellor of Castile and chronicler of the reigns of four of its successive monarchs, terminated his labors abruptly with the sixth year of Henry III., the subsequent period of whose administration is singularly barren of authentic materials for history. The editor of Ayala's Chronicle considers the adventure, quoted in the text, as fictitious, and probably suggested by a stratagem employed by Henry for the seizure of the duke of Benevente, and by his subsequent imprisonment at Burgos. See Ayala, Crónica de Castilla, p. 355, note, (ed. de la Acad., 1780.)

SECTION II.

REVIEW OF THE CONSTITUTION OF ARAGON TO THE MIDDLE OF THE FIFTEENTH CENTURY.

Rise of Aragon.—Ricos Hombres.—Their Immunities.—Their Turbulence.—
Privileges of Union.—The Legislature.—Its Forms.—Its Powers.—General
Privilege.—Judicial Functions of Cortes.—The Justice.—His Great
Authority.—Else and Opulence of Barcelona.—Her Free Institutions.—
Intellectual Culture.

The political institutions of Aragon, although bearing a general resemblance to those of Castile, were sufficiently dissimilar to stamp a peculiar physiognomy on the character of the nation, which still continued after it had been incorporated with the great mass of the Spanish monarchy.—It was not until the expiration of nearly five centuries after the Saracen invasion, that the little district of Aragon, growing up under the shelter of the Pyrenees, was expanded into the dimensions of the province which now bears that name. During this period, it was painfully struggling into being, like the other states of the Peninsula, by dint of fierce, unintermitted warfare with the infidel.

Even after this period, it would probably have filled but an insignificant space in the map of history, and, instead of assuming an independent station, have been compelled, like Navarre, to accommodate itself to the politics of the potent monarchies by which it was surrounded, had it not extended its empire by a fortunate union with Catalonia in the twelfth, and the conquest of Valencia in the thirteenth century. [1] These new territories were not only far more productive than its own, but, by their long line of coast and commodious ports, enabled the Aragonese, hitherto pent up within their barren mountains, to open a communication with distant regions.

The ancient county of Barcelona had reached a higher degree of civilization than Aragon, and was distinguished by institutions quite as liberal. The sea-board would seem to be the natural seat of liberty. There is something in the very presence, in the atmosphere of the ocean, which invigorates not only the physical, but the moral energies of man. The adventurous life of the mariner familiarizes him with dangers, and early accustoms him to independence. Intercourse with various climes opens new and more copious sources of knowledge; and increased wealth brings with it an augmentation of power and consequence. It was in the maritime cities scattered along the Mediterranean that the seeds of liberty, both in ancient and modern times, were implanted and brought to maturity. During the Middle Ages, when the people of Europe generally maintained a toilsome and infrequent intercourse with each other, those situated on the margin of this inland ocean found an easy mode of communication across the high road of its waters. They mingled in war too as in peace, and this long period is filled with their international contests, while the other free cities of Christendom were wasting themselves in civil feuds and degrading domestic broils. In this wide and various collision their moral powers were quickened by constant activity; and more enlarged views were formed, with a deeper consciousness of their own strength, than could be obtained by those inhabitants of the interior, who were conversant only with a limited range of objects, and subjected to the influence of the same dull, monotonous circumstances.

Among these maritime republics, those of Catalonia were eminently conspicuous. By the incorporation of this country with the kingdom of Aragon, therefore, the strength of the latter was greatly augmented. The Aragonese princes, well aware of this, liberally fostered institutions to which the country owed its prosperity, and skilfully availed themselves of its resources for the aggrandizement of their own dominions. They paid particular attention to the navy, for the more perfect discipline of which a body of laws was prepared by Peter the Fourth, in 1354, that was designed to render it invincible. No allusion whatever is made in this stern code to the mode of surrendering to, or retreating from the enemy. The commander, who declined attacking any force not exceeding his own by more than one vessel, was punished with death. [2] The Catalan navy successfully disputed the empire of the Mediterranean with the fleets of Pisa, and still more of Genoa. With its aid, the Aragonese monarchs achieved the conquest successively of Sicily, Sardinia, and the Balearic Isles, and annexed them to the empire. [3] It penetrated into the farthest regions of the Levant; and the expedition of the Catalans into Asia, which terminated with the more splendid than useful acquisition of Athens, forms one of the most romantic passages in this stirring and adventurous era. [4]

But, while the princes of Aragon were thus enlarging the bounds of their dominion abroad, there was probably not a sovereign in Europe possessed of such limited authority at home. The three great states with their dependencies, which constituted the Aragonese monarchy, had been declared by a statute of James the Second, in 1319, inalienable and indivisible. [5] Each of them, however, maintained a separate constitution of government, and was administered by distinct laws. As it would be fruitless to investigate the peculiarities of their respective institutions, which bear a very close affinity to one another, we may confine ourselves to those of Aragon, which exhibit a more perfect model than those either of Catalonia or Valencia, and have been far more copiously illustrated by her writers.

The national historians refer the origin of their government to a written constitution of about the middle of the ninth century, fragments of which are still preserved in certain ancient documents and chronicles. On occurrence of a vacancy in the throne, at this epoch, a monarch was elected by the twelve principal nobles, who prescribed a code of laws, to the observance of which he was obliged to swear before assuming the sceptre. The import of these laws was to circumscribe within very narrow limits the authority of the sovereign, distributing the principal functions to a Justicia, or Justice, and these same peers, who, in case of a violation of the compact by the monarch, were authorized to withdraw their allegiance, and, in the bold language of the ordinance, "to substitute any other ruler in his stead, even a pagan, if they listed." [6] The whole of this wears much of a fabulous aspect, and may remind the reader of the government which Ulysses met with in Phaeacia; where King Alcinous is surrounded by his "twelve illustrious peers or archons," subordinate to himself, "who," says he, "rule over the people, I myself being the thirteenth." [7] But, whether true or not, this venerable tradition must be admitted to have been well calculated to repress the arrogance of the Aragonese monarchs, and to exalt the minds of their subjects by the image of ancient liberty which it presented. [8]

The great barons of Aragon were few in number. They affected to derive their descent from the twelve peers above mentioned, and were styled ricos hombres de natura, implying by this epithet, that they were not indebted for their creation to the will of the sovereign. No estate could be legally conferred by the crown, as an honor (the denomination of fiefs in Aragon), on any but one of these high nobles. This, however, was in time evaded by the monarchs, who advanced certain of their own retainers to a level with the ancient peers of the land; a measure which proved a fruitful source of disquietude. [9] No baron could be divested of his fief, unless by public sentence of the Justice and the cortes. The proprietor, however, was required, as usual, to attend the king in council, and to perform military service, when summoned, during two months in the year, at his own charge. [10]

The privileges, both honorary and substantial, enjoyed by the ricos hombres, were very considerable. They filled the highest posts in the state. They originally appointed judges in their domains for the cognizance of certain civil causes, and over a class of their vassals exercised an unlimited criminal jurisdiction. They were excused from taxation except in specified cases; were exempted from all corporal and capital punishment; nor could they be imprisoned, although their estates might be sequestrated for debt. A lower class of nobility styled infanzones, equivalent to the Castilian hidalgos, together with the caballeros, or knights, were also possessed of important though inferior immunities. [11] The king distributed among the great barons the territory reconquered from the Moors, in proportions determined by the amount of their respective services. We find a stipulation to this effect from James the First to his nobles, previous to his invasion of Majorca. [12] On a similar principle they claimed nearly the whole of Valencia. [13] On occupying a city, it was usual to divide it into barrios, or districts, each of which was granted by way of fief to some one of the ricos hombres, from which he was to derive his revenue. What proportion of the conquered territory was reserved for the royal demesne does not appear. [14] We find one of these nobles, Bernard de Cabrera, in the latter part of the fourteenth century, manning a fleet of king's ships on his own credit; another, of the ancient family of Luna, in the fifteenth century, so wealthy that he could travel through an almost unbroken line of his estates all the way from Castile to France. [15] With all this, their incomes in general, in this comparatively poor country, were very inferior to those of the great Castilian lords. [16]

The laws conceded certain powers to the aristocracy of a most dangerous character. They were entitled, like the nobles of the sister kingdom, to defy, and publicly renounce their allegiance to their sovereign, with the whimsical privilege, in addition, of commending their families and estates to his protection, which he was obliged to accord, until they were again reconciled. [17] The mischievous right of private war was repeatedly recognized by statute. It was claimed and exercised in its full extent, and occasionally with circumstances of peculiar atrocity. An instance is recorded by Zurita of a bloody feud between two of these nobles, prosecuted with such inveteracy that the parties bound themselves by solemn oath never to desist from it during their lives, and to resist every effort, even on the part of the crown itself, to effect a pacification between them. [18] This remnant of barbarism lingered longer in Aragon than in any other country in Christendom.

The Aragonese sovereigns, who were many of them possessed of singular capacity and vigor, [19] made repeated efforts to reduce the authority of their nobles within more temperate limits. Peter the Second, by a bold stretch of prerogative, stripped them of their most important rights of jurisdiction. [20] James the Conqueror artfully endeavored to counterbalance their weight by that of the commons and the ecclesiastics. [21] But they were too formidable when united, and too easily united, to be successfully assailed. The Moorish wars terminated, in Aragon, with the conquest of Valencia, or rather the invasion of Murcia, by the middle of the thirteenth century. The tumultuous spirits of the aristocracy, therefore, instead of finding a vent, as in Castile, in these foreign expeditions, were turned within, and convulsed their own country with perpetual revolution. Haughty from the consciousness of their exclusive privileges and of the limited number who monopolized them, the Aragonese barons regarded themselves rather as the rivals of their sovereign, than as his inferiors. Intrenched within the mountain fastnesses, which the rugged nature of the country everywhere afforded, they easily bade defiance to his authority. Their small number gave a compactness and concert to their operations, which could not have been obtained in a multitudinous body. Ferdinand the Catholic well discriminated the relative position of the Aragonese and Castilian nobility, by saying, "it was as difficult to divide the one, as to unite the other." [22]

These combinations became still more frequent after formally receiving the approbation of King Alfonso the Third, who, in 1287, signed the two celebrated ordinances entitled the "Privileges of Union," by which his subjects were authorized to resort to arms on an infringement of their liberties. [23] The hermandad of Castile had never been countenanced by legislative sanction; it was chiefly resorted to as a measure of police, and was directed more frequently against the disorders of the nobility, than of the sovereign; it was organized with difficulty, and, compared with the union of Aragon, was cumbrous and languid in its operations. While these privileges continued in force, the nation was delivered over to the most frightful anarchy. The least offensive movement on the part of the monarch, the slightest encroachment on personal right or privilege, was the signal for a general revolt. At the cry of Union, that "last voice," says the enthusiastic historian, "of the expiring republic, full of authority and majesty, and an open indication of the insolence of kings," the nobles and the citizens eagerly rushed to arms. The principal castles belonging to the former were pledged as security for their fidelity, and intrusted to conservators, as they were styled, whose duty it was to direct the operations and watch over the interests of the Union. A common seal was prepared, bearing the device of armed men kneeling before their king, intimating at once their loyalty and their resolution, and a similar device was displayed on the standard and the other military insignia of the confederates. [24]

The power of the monarch was as nothing before this formidable array. The Union appointed a council to control all his movements, and, in fact, during the whole period of its existence, the reigns of four successive monarchs, it may be said to have dictated law to the land. At length Peter the Fourth, a despot in heart, and naturally enough impatient of this eclipse of regal prerogative, brought the matter to an issue, by defeating the army of the Union, at the memorable battle of Epila, in 1348, "the last," says Zurita, "in which it was permitted to the subject to take up arms against the sovereign for the cause of liberty." Then, convoking an assembly of the states at Saragossa, he produced before them the instrument containing the two Privileges, and cut it in pieces with his dagger. In doing this, having wounded himself in the hand, he suffered the blood to trickle upon the parchment, exclaiming, that "a law which had been the occasion of so much blood, should be blotted out by the blood of a king." [25] All copies of it, whether in the public archives, or in the possession of private individuals, were ordered, under a heavy penalty, to be destroyed. The statute passed to that effect carefully omits the date of the detested instrument, that all evidence of its existence might perish with it. [26]

Instead of abusing his victory, as might have been anticipated from his character, Peter adopted a far more magnanimous policy. He confirmed the ancient privileges of the realm, and made in addition other wise and salutary concessions. From this period, therefore, is to be dated the possession of constitutional liberty in Aragon; (for surely the reign of unbridled license, above described, is not deserving that name;) and this not so much from the acquisition of new immunities, as from the more perfect security afforded for the enjoyment of the old. The court of the Justicia, that great barrier interposed by the constitution between despotism on the one hand and popular license on the other, was more strongly protected, and causes hitherto decided by arms were referred for adjudication to this tribunal. [27] From this period, too, the cortes, whose voice was scarcely heard amid the wild uproar of preceding times, was allowed to extend a beneficial and protecting sway over the land. And, although the social history of Aragon, like that of other countries in this rude age, is too often stained with deeds of violence and personal feuds, yet the state at large, under the steady operation of its laws, probably enjoyed a more uninterrupted tranquillity than fell to the lot of any other nation in Europe.

The Aragonese cortes was composed of four branches, or arms; [28] the ricos hombres, or great barons; the lesser nobles, comprehending the knights; the clergy, and the commons. The nobility of every denomination were entitled to a seat in the legislature. The ricos hombres were allowed to appear by proxy, and a similar privilege was enjoyed by baronial heiresses. The number of this body was very limited, twelve of them constituting a quorum. [29]

The arm of the ecclesiastics embraced an ample delegation from the inferior as well as higher clergy. [30] It is affirmed not to have been a component of the national legislature until more than a century and a half after the admission of the commons. [31] Indeed, the influence of the church was much less sensible in Aragon, than in the other kingdoms of the peninsula. Notwithstanding the humiliating concessions of certain of their princes to the papal see, they were never recognized by the nation, who uniformly asserted their independence of the temporal supremacy of Rome; and who, as we shall see hereafter, resisted the introduction of the Inquisition, that last stretch of ecclesiastical usurpation, even to blood. [32]

The commons enjoyed higher consideration and civil privileges than in Castile. For this they were perhaps somewhat indebted to the example of their Catalan neighbors, the influence of whose democratic institutions naturally extended to other parts of the Aragonese monarchy. The charters of certain cities accorded to the inhabitants privileges of nobility, particularly that of immunity from taxation; while the magistrates of others were permitted to take their seats in the order of hidalgos. [33] From a very early period we find them employed in offices of public trust, and on important missions. [34] The epoch of their admission into the national assembly is traced as far back as 1133, several years earlier than the commencement of popular representation in Castile. [35] Each city had the right of sending two or more deputies selected from persons eligible to its magistracy; but with the privilege of only one vote, whatever might be the number of its deputies. Any place, which had been once represented in cortes, might always claim to be so. [36]

By a statute of 1307, the convocation of the states, which had been annual, was declared biennial. The kings, however, paid little regard to this provision, rarely summoning them except for some specific necessity. [37] The great officers of the crown, whatever might be their personal rank, were jealously excluded from their deliberations. The session was opened by an address from the king in person, a point of which they were very tenacious; after which the different arms withdrew to their separate apartments. [38] The greatest scrupulousness was manifested in maintaining the rights and dignity of the body; and their intercourse with one another, and with the king, was regulated by the most precise forms of parliamentary etiquette. [39] The subjects of deliberation were referred to a committee from each order, who, after conferring together, reported to their several departments. Every question, it may be presumed, underwent a careful examination; as the legislature, we are told, was usually divided into two parties, "the one maintaining the rights of the monarch, the other, those of the nation," corresponding nearly enough with those of our day. It was in the power of any member to defeat the passage of a bill, by opposing to it his veto or dissent, formally registered to that effect. He might even interpose his negative on the proceedings of the house, and thus put a stop to the prosecution of all further business during the session. This anomalous privilege, transcending even that claimed in the Polish diet, must have been too invidious in its exercise, and too pernicious in its consequences, to have been often resorted to. This may be inferred from the fact, that it was not formally repealed until the reign of Philip the Second, in 1592. During the interval of the sessions of the legislature, a deputation of eight was appointed, two from each arm, to preside over public affairs, particularly in regard to the revenue, and the security of justice; with authority to convoke a cortes extraordinary, whenever the exigency might demand it. [40]

The cortes exercised the highest functions whether of a deliberative, legislative, or judicial nature. It had a right to be consulted on all matters of importance, especially on those of peace and war. No law was valid, no tax could be imposed, without its consent; and it carefully provided for the application of the revenue to its destined uses. [41] It determined the succession to the crown; removed obnoxious ministers; reformed the household, and domestic expenditure, of the monarch; and exercised the power, in the most unreserved manner, of withholding supplies, as well as of resisting what it regarded as an encroachment on the liberties of the nation. [42]

The excellent commentators on the constitution of Aragon have bestowed comparatively little attention on the development of its parliamentary history; confining themselves too exclusively to mere forms of procedure. The defect has been greatly obviated by the copiousness of their general historians. But the statute-book affords the most unequivocal evidence of the fidelity with which the guardians of the realm discharged the high trust reposed in them, in the numerous enactments it exhibits, for the security both of person and property. Almost the first page which meets the eye in this venerable record contains the General Privilege, the Magna Charta, as it has been well denominated, of Aragon. It was granted by Peter the Great to the cortes at Saragossa, in 1283. It embraces a variety of provisions for the fair and open administration of justice; for ascertaining the legitimate powers intrusted to the cortes; for the security of property against exactions of the crown; and for the conservation of their legal immunities to the municipal corporations and the different orders of nobility. In short, the distinguishing excellence of this instrument, like that of Magna Charta, consists in the wise and equitable protection which it affords to all classes of the community. [43] The General Privilege, instead of being wrested, like King John's charter, from a pusillanimous prince, was conceded, reluctantly enough, it is true, in an assembly of the nation, by one of the ablest monarchs who ever sat on the throne of Aragon, at a time when his arms, crowned with repeated victory, had secured to the state the most important of her foreign acquisitions. The Aragonese, who rightly regarded the General Privilege as the broadest basis of their liberties, repeatedly procured its confirmation by succeeding sovereigns. "By so many and such various precautions," says Blancas, "did our ancestors establish that freedom which their posterity have enjoyed; manifesting a wise solicitude, that all orders of men, even kings themselves, confined within their own sphere, should discharge their legitimate functions without jostling or jarring with one another; for in this harmony consists the temperance of our government. Alas!" he adds, "how much of all this has fallen into desuetude from its antiquity, or been effaced by new customs." [44]

The judicial functions of the cortes have not been sufficiently noticed by writers. They were extensive in their operation, and gave it the name of the General Court. They were principally directed to protect the subject from the oppressions of the crown and its officers; over all which cases it possessed original and ultimate jurisdiction. The suit was conducted before the Justice, as president of the cortes, in its judicial capacity, who delivered an opinion conformable to the will of the majority. [45] The authority, indeed, of this magistrate in his own court was fully equal to providing adequate relief in all these cases. [46] But for several reasons this parliamentary tribunal was preferred. The process was both more expeditious and less expensive to the suitor. Indeed, "the most obscure inhabitant of the most obscure village in the kingdom, although a foreigner," might demand redress of this body; and, if he was incapable of bearing the burden himself, the state was bound to maintain his suit, and provide him with counsel at its own charge. But the most important consequence, resulting from this legislative investigation, was the remedial laws frequently attendant on it. "And our ancestors," says Blancas, "deemed it great wisdom patiently to endure contumely and oppression for a season, rather than seek redress before an inferior tribunal, since, by postponing their suit till the meeting of cortes, they would not only obtain a remedy for their own grievance, but one of a universal and permanent application." [47]

The Aragonese cortes maintained a steady control over the operations of government, especially after the dissolution of the Union; and the weight of the commons was more decisive in it, than in other similar assemblies of that period. Its singular distribution into four estates was favorable to this. The knights and hidalgos, an intermediate order between the great nobility and the people, when detached from the former, naturally lent additional support to the latter, with whom, indeed, they had considerable affinity. The representatives of certain cities, as well as a certain class of citizens, were entitled to a seat in this body; [48] so that it approached both in spirit and substance to something like a popular representation. Indeed, this arm of the cortes was so uniformly vigilant in resisting any encroachment on the part of the crown, that it has been said to represent, more than any other, the liberties of the nation. [49] In some other particulars the Aragonese commons possessed an advantage over those of Castile. 1. By postponing their money grants to the conclusion of the session, and regulating them in some degree by the previous dispositions of the crown, they availed themselves of an important lever relinquished by the Castilian cortes. [50] 2. The kingdom of Aragon proper was circumscribed within too narrow limits to allow of such local jealousies and estrangements, growing out of an apparent diversity of interests, as existed in the neighboring monarchy. Their representatives, therefore, were enabled to move with a more hearty concert, and on a more consistent line of policy. 3. Lastly, the acknowledged right to a seat in cortes, possessed by every city which had once been represented there, and this equally whether summoned or not, if we may credit Capmany, [51] must have gone far to preserve the popular branch from the melancholy state of dilapidation to which it was reduced in Castile by the arts of despotic princes. Indeed, the kings of Aragon, notwithstanding occasional excesses, seem never to have attempted any systematic invasion of the constitutional rights of their subjects. They well knew, that the spirit of liberty was too high among them to endure it. When the queen of Alfonso the Fourth urged her husband, by quoting the example of her brother the king of Castile, to punish certain refractory citizens of Valencia, he prudently replied, "My people are free, and not so submissive as the Castilians. They respect me as their prince, and I hold them for good vassals and comrades."[52]

No part of the constitution of Aragon has excited more interest, or more deservedly, than the office of the Justicia, or Justice; [53] whose extraordinary functions were far from being limited to judicial matters, although in these his authority was supreme. The origin of this institution is affirmed to have been coeval with that of the constitution or frame of government itself. [54] If it were so, his authority may be said, in the language of Blancas, "to have slept in the scabbard" until the dissolution of the Union; when the control of a tumultuous aristocracy was exchanged for the mild and uniform operation of the law, administered by this, its supreme interpreter.

His most important duties may be briefly enumerated. He was authorized to pronounce on the validity of all royal letters and ordinances. He possessed, as has been said, concurrent jurisdiction with the cortes over all suits against the crown and its officers. Inferior judges were bound to consult him in all doubtful cases, and to abide by his opinion, as of "equal authority," in the words of an ancient jurist, "with the law itself." [55] An appeal lay to his tribunal from those of the territorial and royal judges. [56] He could even evoke a cause, while pending before them, into his own court, and secure the defendant from molestation on his giving surety for his appearance. By another process, he might remove a person under arrest from the place in which he had been confined by order of an inferior court, to the public prison appropriated to this purpose, there to abide his own examination of the legality of his detention. These two provisions, by which the precipitate and perhaps intemperate proceedings of subordinate judicatures were subjected to the revision of a dignified and dispassionate tribunal, might seem to afford sufficient security for personal liberty and property. [57] In addition to these official functions, the Justice of Aragon was constituted a permanent counsellor of the sovereign, and, as such, was required to accompany him where-ever he might reside. He was to advise the king on all constitutional questions of a doubtful complexion; and finally, on a new accession to the throne, it was his province to administer the coronation oath; this he performed with his head covered, and sitting, while the monarch, kneeling before him bare-headed, solemnly promised to maintain the liberties of the kingdom. A ceremony eminently symbolical of that superiority of law over prerogative, which was so constantly asserted in Aragon. [58]

It was the avowed purpose of the institution of the Justicia to interpose such an authority between the crown and the people, as might suffice for the entire protection of the latter. This is the express import of one of the laws of Soprarbe, which, whatever he thought of their authenticity, are undeniably of very high antiquity. [59] This part of his duties is particularly insisted on by the most eminent juridical writers of the nation. Whatever estimate, therefore, may be formed of the real extent of his powers, as compared with those of similar functionaries in other states of Europe, there can be no doubt that this ostensible object of their creation, thus openly asserted, must have had a great tendency to enforce their practical operation. Accordingly we find repeated examples, in the history of Aragon, of successful interposition on the part of the Justice for the protection of individuals persecuted by the crown, and in defiance of every attempt at intimidation. [60] The kings of Aragon, chafed by this opposition, procured the resignation or deposition, on more than one occasion, of the obnoxious magistrate. [61] But, as such an exercise of prerogative must have been altogether subversive of an independent discharge of the duties of this office, it was provided by a statute of Alfonso the Fifth, in 1442, that the Justice should continue in office during life, removable only, on sufficient cause, by the king and the cortes united. [62]

Several provisions were enacted, in order to secure the nation more effectually against the abuse of the high trust reposed in this officer. He was to be taken from the equestrian order, which, as intermediate between the high nobility and the people, was less likely to be influenced by undue partiality to either. He could not be selected from the ricos hombres, since this class was exempted from corporal punishment, while the Justice was made responsible to the cortes for the faithful discharge of his duties, under penalty of death. [63] As this supervision of the whole legislature was found unwieldy in practice, it was superseded, after various modifications by a commission of members elected from each one of the four estates, empowered to sit every year in Saragossa, with authority to investigate the charges preferred against the Justice, and to pronounce sentence upon him. [64]

The Aragonese writers are prodigal of their encomiums on the pre-eminence and dignity of this functionary, whose office might seem, indeed, but a doubtful expedient for balancing the authority of the sovereign; depending for its success less on any legal powers confided to it, than on the efficient and constant support of public opinion. Fortunately the Justice of Aragon uniformly received such support, and was thus enabled to carry the original design of the institution into effect, to check the usurpations of the crown, as well as to control the license of the nobility and the people. A series of learned and independent magistrates, by the weight of their own character, gave additional dignity to the office. The people, familiarized with the benignant operation of the law, referred to peaceful arbitration those great political questions, which, in other countries at this period, must have been settled by a sanguinary revolution. [65] While, in the rest of Europe, the law seemed only the web to ensnare the weak, the Aragonese historians could exult in the reflection, that the fearless administration of justice in their land "protected the weak equally with the strong, the foreigner with the native." Well might their legislature assert, that the value of their liberties more than counterbalanced "the poverty of the nation, and the sterility of their soil." [66]

The governments of Valencia and Catalonia, which, as has been already remarked, were administered independently of each other after their consolidation into one monarchy, bore a very near resemblance to that of Aragon. [67] No institution, however, corresponding in its functions with that of the Justicia, seems to have obtained in either. [68] Valencia, which had derived a large portion of its primitive population, after the conquest, from Aragon, preserved the most intimate relations with the parent kingdom, and was constantly at its side during the tempestuous season of the Union. The Catalans were peculiarly jealous of their exclusive privileges, and their civil institutions wore a more democratical aspect than those of any other of the confederated states; circumstances, which led to important results that fall within the compass of our narrative. [69]

The city of Barcelona, which originally gave its name to the county of which it was the capital, was distinguished from a very early period by ample municipal privileges. [70] After the union with Aragon in the twelfth century, the monarchs of the latter kingdom extended towards it the same liberal legislation; so that, by the thirteenth, Barcelona had reached a degree of commercial prosperity rivalling that of any of the Italian republics. She divided with them the lucrative commerce with Alexandria; and her port, thronged with foreigners from every nation, became a principal emporium in the Mediterranean for the spices, drugs, perfumes, and other rich commodities of the east, whence they were diffused over the interior of Spain and the European continent. [71] Her consuls, and her commercial factories, were established in every considerable port in the Mediterranean and in the north of Europe. [72] The natural products of her soil, and her various domestic fabrics, supplied her with abundant articles of export. Fine wool was imported by her in considerable quantities from England in the fourteenth and fifteenth centuries, and returned there manufactured into cloth; an exchange of commodities the reverse of that existing between the two nations at the present day. [73] Barcelona claims the merit of having established the first bank of exchange and deposit in Europe, in 1401; it was devoted to the accommodation of foreigners as well as of her own citizens. She claims the glory, too, of having compiled the most ancient written code, among the moderns, of maritime law now extant, digested from the usages of commercial nations, and which formed the basis of the mercantile jurisprudence of Europe during the Middle Ages. [74]

The wealth which flowed in upon Barcelona, as the result of her activity and enterprise, was evinced by her numerous public works, her docks, arsenal, warehouses, exchange, hospitals, and other constructions of general utility. Strangers, who visited Spain in the fourteenth and fifteenth centuries, expatiate on the magnificence of this city, its commodious private edifices, the cleanliness of its streets and public squares (a virtue by no means usual in that day), and on the amenity of its gardens and cultivated environs. [75]

But the peculiar glory of Barcelona was the freedom of her municipal institutions. Her government consisted of a senate or council of one hundred, and a body of regidores or counsellors, as they were styled, varying at times from four to six in number; the former intrusted with the legislative, the latter with the executive functions of administration. A large proportion of these bodies were selected from the merchants, tradesmen, and mechanics of the city. They were invested, not merely with municipal authority, but with many of the rights of sovereignty. They entered into commercial treaties with foreign powers; superintended the defence of the city in time of war; provided for the security of trade; granted letters of reprisal against any nation who might violate it; and raised and appropriated the public moneys for the construction of useful works, or the encouragement of such commercial adventures as were too hazardous or expensive for individual enterprise. [76]

The counsellors, who presided over the municipality, were complimented with certain honorary privileges, not even accorded to the nobility. They were addressed by the title of magníficos; were seated, with their heads covered, in the presence of royalty; were preceded by mace-bearers, or lictors, in their progress through the country; and deputies from their body to the court were admitted on the footing, and received the honors, of foreign ambassadors. [77] These, it will be recollected, were plebeians,—merchants and mechanics. Trade never was esteemed a degradation in Catalonia, as it came to be in Castile. [78] The professors of the different arts, as they were called, organized into guilds or companies, constituted so many independent associations, whose members were eligible to the highest municipal offices. And such was the importance attached to these offices, that the nobility in many instances, resigning the privileges of their rank, a necessary preliminary, were desirous of being enrolled among the candidates for them. [79] One cannot but observe in the peculiar organization of this little commonwealth, and in the equality assumed by every class of its citizens, a close analogy to the constitutions of the Italian republics; which the Catalans, having become familiar with in their intimate commercial intercourse with Italy, may have adopted as the model of their own.

Under the influence of these democratic institutions, the burghers of Barcelona, and indeed of Catalonia in general, which enjoyed more or less of a similar freedom, assumed a haughty independence of character beyond what existed among the same class in other parts of Spain; and this, combined with the martial daring fostered by a life of maritime adventure and warfare, made them impatient, not merely of oppression, but of contradiction, on the part of their sovereigns, who have experienced more frequent and more sturdy resistance from this quarter of their dominions, than from every other. [80] Navagiero, the Venetian ambassador to Spain, early in the sixteenth century, although a republican himself, was so struck with what he deemed the insubordination of the Barcelonians, that he asserts, "The inhabitants have so many privileges, that the king scarcely retains any authority over them; their liberty," he adds, "should rather go by the name of license." [81] One example among many, may be given, of the tenacity with which they adhered to their most inconsiderable immunities.

Ferdinand the First, in 1416, being desirous, in consequence of the exhausted state of the finances on his coming to the throne, to evade the payment of a certain tax or subsidy customarily paid by the kings of Aragon to the city of Barcelona, sent for the president of the council, John Fiveller, to require the consent of that body to this measure. The magistrate, having previously advised with his colleagues, determined to encounter any hazard, says Zurita, rather than compromise the rights of the city. He reminded the king of his coronation oath, expressed his regret that he was willing so soon to deviate from the good usages of his predecessors, and plainly told him, that he and his comrades would never betray the liberties entrusted to them. Ferdinand, indignant at this language, ordered the patriot to withdraw into another apartment, where he remained in much uncertainty as to the consequences of his temerity. But the king was dissuaded from violent measures, if he ever contemplated them, by the representation of his courtiers, who warned him not to reckon too much on the patience of the people, who bore small affection to his person, from the little familiarity with which he had treated them in comparison with their preceding monarchs, and who were already in arms to protect their magistrate. In consequence of these suggestions, Ferdinand deemed it prudent to release the counsellor, and withdrew abruptly from the city on the ensuing day, disgusted at the ill success of his enterprise. [82]

The Aragonese monarchs well understood the value of their Catalan dominions, which sustained a proportion of the public burdens equal in amount to that of both the other states of the kingdom. [83] Notwithstanding the mortifications, which they occasionally experienced from this quarter, therefore, they uniformly extended towards it the most liberal protection. A register of the various customs paid in the ports of Catalonia, compiled in 1413, under the above-mentioned Ferdinand, exhibits a discriminating legislation, extraordinary in an age when the true principles of financial policy were so little understood. [84] Under James the First, in 1227, a navigation act, limited in its application, was published, and another under Alfonso the Fifth, in 1454, embracing all the dominions of Aragon; thus preceding by some centuries the celebrated ordinance, to which England owes so much of her commercial grandeur. [85]

The brisk concussion given to the minds of the Catalans in the busy career in which they were engaged, seems to have been favorable to the development of poetical talent, in the same manner as it was in Italy. Catalonia may divide with Provence the glory of being the region where the voice of song was first awakened in modern Europe. Whatever may be the relative claims of the two countries to precedence in this respect, [86] it is certain that under the family of Barcelona, the Provençal of the south of France reached its highest perfection; and, when the tempest of persecution in the beginning of the thirteenth century fell on the lovely valleys of that unhappy country, its minstrels found a hospitable asylum in the court of the kings of Aragon; many of whom not only protected, but cultivated the gay science with considerable success. [87] Their names have descended to us, as well as those of less illustrious troubadours, whom Petrarch and his contemporaries did not disdain to imitate; [88] but their compositions, for the most part, lie still buried in those cemeteries of the intellect so numerous in Spain, and call loudly for the diligence of some Sainte Palaye or Raynouard to disinter them. [89]

The languishing condition of the poetic art, at the close of the fourteenth century, induced John the First, who mingled somewhat of the ridiculous even with his most respectable tastes, to depute a solemn embassy to the king of France, requesting that a commission might be detached from the Floral Academy of Toulouse, into Spain, to erect there a similar institution. This was accordingly done, and the Consistory of Barcelona was organized, in 1390. The kings of Aragon endowed it with funds, and with a library valuable for that day, presiding over its meetings in person, and distributing the poetical premiums with their own hands. During the troubles consequent on the death of Martin, this establishment fell into decay, until it was again revived, on the accession of Ferdinand the First, by the celebrated Henry, marquis of Villena, who transplanted it to Tortosa. [90]

The marquis, in his treatise on the gaya sciencia, details with becoming gravity the pompous ceremonial observed in his academy on the event of a public celebration. The topics of discussion were "the praises of the Virgin, love, arms, and other good usages." The performances of the candidates, "inscribed on parchment of various colors, richly enamelled with gold and silver, and beautifully illuminated," were publicly recited, and then referred to a committee, who made solemn oath to decide impartially and according to the rules of the art. On the delivery of the verdict, a wreath of gold was deposited on the victorious poem, which was registered in the academic archives; and the fortunate troubadour, greeted with a magnificent prize, was escorted to the royal palace amid a cortège of minstrelsy and chivalry; "thus manifesting to the world," says the marquis, "the superiority which God and nature have assigned to genius over dulness." [91]

The influence of such an institution in awakening a poetic spirit is at best very questionable. Whatever effect an academy may have in stimulating the researches of science, the inspirations of genius must come unbidden;

"Adflata est numine quando
Jam propiore del."

The Catalans, indeed, seem to have been of this opinion; for they suffered the Consistory of Tortosa to expire with its founder. Somewhat later, in 1430, was established the University of Barcelona, placed under the direction of the municipality, and endowed by the city with ample funds for instruction in the various departments of law, theology, medicine, and the belles-lettres. This institution survived until the commencement of the last century. [92]

During the first half of the fifteenth century, long after the genuine race of the troubadours had passed away, the Provençal or Limousin verse was carried to its highest excellence by the poets of Valencia. [93] It would be presumptuous for any one, who has not made the Romance dialects his particular study, to attempt a discriminating criticism of these compositions, so much of the merit of which necessarily consists in the almost impalpable beauties of style and expression. The Spaniards, however, applaud, in the verses of Ausias March, the same musical combinations of sound, and the same tone of moral melancholy, which pervade the productions of Petrarch. [94] In prose too, they have (to borrow the words of Andres) their Boccaccio in Martorell; whose fiction of "Tirante el Blanco" is honored by the commendation of the curate in Don Quixote, as "the best book in the world of the kind, since the knights- errant in it eat, drink, sleep, and die quietly in their beds, like other folk, and very unlike most heroes of romance." The productions of these, and some other of their distinguished contemporaries, obtained a general circulation very early by means of the recently invented art of printing, and subsequently passed into repeated editions.[95] But their language has long since ceased to be the language of literature. On the union of the two crowns of Castile and Aragon, the dialect of the former became that of the court and of the Muses. The beautiful Provençal, once more rich and melodious than any other idiom in the Peninsula, was abandoned as a patois to the lower orders of the Catalans, who, with the language, may boast that they also have inherited the noble principles of freedom which distinguished their ancestors.

* * * * *

The influence of free institutions in Aragon is perceptible in the familiarity displayed by its writers with public affairs, and in the freedom with which they have discussed the organization, and general economy of its government. The creation of the office of national chronicler, under Charles V., gave wider scope to the development of historic talent. Among the most conspicuous of these historiographers was Jerome Blancas, several of whose productions, as the "Coronaciones de los Reyes," "Modo de Proceder en Cortes," and "Commentarii Rerum Aragonensium," especially the last, have been repeatedly quoted in the preceding section. This work presents a view of the different orders of the state, and particularly of the office of the Justicia, with their peculiar functions and privileges. The author, omitting the usual details of history, has devoted himself to the illustration of the constitutional antiquities of his country, in the execution of which he has shown a sagacity and erudition equally profound. His sentiments breathe a generous love of freedom, which one would scarcely suppose to have existed, and still less to have been promulgated, under Philip II. His style is distinguished by the purity and even elegance of its latinity. The first edition, being that which I have used, appeared in 1588, in folio, at Saragossa, executed with much typographical beauty. The work was afterwards incorporated into Schottus's "Hispania Illustrata."—Blancas, after having held his office for ten years, died in his native city of Saragossa, in 1590.

Jerome Martel, from whose little treatise, "Forma de Celebrar Cortes," I have also liberally cited, was appointed public historiographer in 1597. His continuation of Zurita's Annals, which he left unpublished at his decease, was never admitted to the honors of the press, because, says his biographer, Uztarroz, verdades lastiman; a reason as creditable to the author as disgraceful to the government.

A third writer, and the one chiefly relied on for the account of Catalonia, is Don Antonio Capmany. His "Memorias Históricas de Barcelona," (5 tom. 4to, Madrid, 1779-1792,) may be thought somewhat too discursive and circumstantial for his subject; but it is hardly right to quarrel with information so rare, and painfully collected; the sin of exuberance at any rate is much less frequent, and more easily corrected, than that of sterility. His work is a vast repertory of facts relating to the commerce, manufactures, general policy, and public prosperity, not only of Barcelona, but of Catalonia. It is written with an independent and liberal spirit, which may be regarded as affording the best commentary on the genius of the institutions which he celebrates.—Capmany closed his useful labors at Madrid, in 1810, at the age of fifty-six.

Notwithstanding the interesting character of the Aragonese constitution, and the amplitude of materials for its history, the subject has been hitherto neglected, as far as I am aware, by continental writers. Robertson and Hallam, more especially the latter, have given such a view of its prominent features to the English reader, as must, I fear, deprive the sketch which I have attempted, in a great degree, of novelty. To these names must now be added that of the author of the "History of Spain and Portugal," (Cabinet Cyclopaedia,) whose work, published since the preceding pages were written, contains much curious and learned disquisition on the early jurisprudence and municipal institutions of both Castile and Aragon.

FOOTNOTES

[1] Catalonia was united with Aragon by the marriage of queen Petronilla with Raymond Berengere, count of Barcelona, in 1150. Valencia was conquered from the Moors by James I., in 1238.

[2] Capmany, Mem. de Barcelona, tom. iii. pp. 45-47.—The Catalans were much celebrated during the Middle Ages for their skill with the crossbow; for a more perfect instruction in which, the municipality of Barcelona established games and gymnasiums. Ibid., tom. i. p. 113.

[3] Sicily revolted to Peter III., in 1282.—Sardinia was conquered by
James II., in 1324, and the Balearic Isles by Peter IV., in 1343-4.
Zurita, Anales, tom. i. fol. 247; tom. ii. fol. 60.—Hermilly, Histoire du
Royaume de Majorque, (Maestricht, 1777,) pp. 227-268.

[4] Hence the title of duke of Athens, assumed by the Spanish sovereigns. The brilliant fortunes of Roger de Flor are related by count Moncada, (Expedicion de los Catalanes y Aragoneses contrá Turcos y Griegos, Madrid, 1805) in a style much commended by Spanish critics for its elegance. See Mondejar, Advertencias, p. 184.

[5] It was confirmed by Alfonso III., in 1328. Zurita, Anales, tom. ii. fol. 90.

[6] See the fragments of the Fuero de Soprarbe, cited by Blancas, Aragonensium Rerum Commentarii, (Caesaraugustae, 1588.) pp. 25-29.—The well-known oath of the Aragonese to their sovereign on his accession, "Nos que valemos tanto como vos," etc., frequently quoted by historians, rests on the authority of Antonio Perez, the unfortunate minister of Philip II., who, however good a voucher for the usages of his own time, has made a blunder in the very sentence preceding this, by confounding the Privilege of Union with one of the Laws of Soprarbe, which shows him to be insufficient, especially as he is the only, authority for this ancient ceremony. See Antonio Perez, Relaciones, (Paris, 1598,) fol. 92.

[7]
Dodeka gar kata daemon aripretees Basilaees
Archoi krainonsi, triskaidekatos d' ego autos.
Odyss. O 390.

In like manner Alfonso III. alludes to "the ancient times in Aragon, when there were as many kings as ricos hombres." See Zurita, Anales, tom. i. fol. 316.

[8] The authenticity of the "Fuero de Soprarbe" has been keenly debated by the Aragonese and Navarrese writers. Moret, in refutation of Blancas, who espouses it, (see Commentarii, p. 289,) states, that after a diligent investigation of the archives of that region, he finds no mention of the laws, nor even of the name, of Soprarbe, until the eleventh century; a startling circumstance for the antiquary. (Investigaciones Históricas de las Antiguedades del Reyno de Navarra, (Pamplona, 1766,) tom. vi. lib. 2, cap. 11.) Indeed, the historians of Aragon admit, that the public documents previous to the fourteenth century suffered so much from various causes as to leave comparatively few materials for authentic narrative. (Blancas, Commentarii, Pref.—Risco, España Sagrada, tom. xxx. Prólogo.) Blancas transcribed his extract of the laws of Soprarbe principally from Prince Charles of Viana's History, written in the fifteenth century. See Commentarii, p. 25.

[9] Asso y Manuel, Instituciones, pp. 39, 40.—Blancas, Commentarii, pp. 333, 334, 340.—Fueros y Observancias del Reyno de Aragon, (Zaragoza, 1667,) tom. i. fol. 130.—The ricos hombres, thus created by the monarch, were styled de mesnada, signifying "of the household." It was lawful for a rico hombre to bequeath his honors to whichsoever of his legitimate children he might prefer, and, in default of issue, to his nearest of kin. He was bound to distribute the bulk of his estates in fiefs among his knights, so that a complete system of sub-infeudation was established. The knights, on restoring their fiefs, might change their suzerains at pleasure.

[10] Asso y Manuel, Instituciones, p. 41.—Blancas, Commentarii, pp. 307, 322, 331.

[11] Fueros y Observancias, tom. i. fol. 130.—Martel, Forma de Celebrar Cortes en Aragon, (Zaragoza, 1641,) p. 98.—Blancas, Commentarii, pp. 306, 312-317, 323, 360.—Asso y Manual, Instituciones, pp. 40-43.

[12] Zurita, Anales, tom. i. fol. 124.

[13] Blancas, Commentarii, p. 334.

[14] See the partition of Saragossa by Alonso the Warrior. Zurita, Anales, tom. i. fol. 43.

[15] Mariana, Hist. de España, tom. ii. p. 198.—Blancas, Commentarii, p. 218. [16] See a register of these at the beginning of the sixteenth century, apud L. Marineo, Cosas Memorables, fol. 25.

[17] Zurita, Anales, tom. ii. fol. 127.—Blancas, Commentarii, p. 324.— "Adhaec Ricis hominibus ipsis majorum more institutisque concedebatur, ut sese possent, dum ipsi vellent, a nostrorum Regum jure et potestare, quasi nodum aliquem, expedire; neque expedire solum, sed dimisso prius, quo potirentur, Honore, bellum ipsis inferre; Reges vero Rici hominis sic expediti uxorem, filios, familiam, res, bona, et fortunas omnes in suam recipere fidem tenebantur. Neque ulla erat eorum utilitatis facienda jactura."

[18] Fueros y Observancias, tom. i. p. 84.—Zurita, Anales, tom. i. fol. 350.

[19] Blancas somewhere boasts, that no one of the kings of Aragon has been stigmatized by a cognomen of infamy, as in most of the other royal races of Europe. Peter IV., "the Ceremonious," richly deserved one.

[20] Zurita, Anales, tom. i. fol. 102.

[21] Zurita, Anales, tom. i. fol. 198.—He recommended this policy to his son-in-law, the king of Castile.

[22] Sempere, Histoire des Cortès, p. 164.

[23] Zurita, Anales, lib. 4, cap. 96.—Abarca dates this event in the year preceding. Reyes de Aragon, en Anales Históricos, (Madrid, 1682-1684,) tom. ii. fol. 8.

[24] Blancas, Commentarii, pp. 192, 193.—Zurita, Anales, tom. i. fol. 266 et alibi.

[25] Zurita, Anales, tom. ii. fol. 126-130.—Blancas, Commentarii, pp. 195-197.—Hence he was styled "Peter of the Dagger;" and a statue of him, bearing in one hand this weapon, and in the other the Privilege, stood in the Chamber of Deputation at Saragossa in Philip II.'s time. See Antonio Perez, Relaciones, fol. 95.

[26] See the statute, De Prohibità Unione, etc. Fueros y Observancias, tom. i. fol. 178.—A copy of the original Privileges was detected by Blancas among the manuscripts of the archbishop of Saragossa; but he declined publishing it from deference to the prohibition of his ancestors. Commentarii, p. 179.

[27] "Haec itaque domestica Regis victoria, quae miserrimum universae Reipublicae interitum videbatur esse allatura, stabilem nobis constituit pacem, tranquillitatem, et otium. Inde enim Magistratus Justitiae Aragonum in eam, quam nunc colimus, amplitudinem dignitatis devenit." Ibid., p. 197.

[28] Martel, Forma de Celebrar Cortes, cap. 8.—"Bracos del reino, porque abraçan, y tienen en si."—The cortes consisted only of three arms in Catalonia and Valencia; both the greater and lesser nobility sitting in the same chamber. Perguera, Cortes en Cataluña, and Matheu y Sanz, Constitucion de Valencia, apud Capmany, Práctica y Estilo, pp. 65, 183, 184.

[29] Martel, Forma de Celebrar Cortes, cap. 10, 17, 21, 46.—Blancas, Modo de Proceder en Cortes de Aragon, (Zaragoza, 1641,) fol. 17, 18.

[30] Capmany, Práctica y Estilo, p. 12.

[31] Blancas, Modo de Proceder, fol. 14,—and Commentarii, p. 374.— Zurita, indeed, gives repeated instances of their convocation in the thirteenth and twelfth centuries, from a date almost coeval with that of the commons; yet Blancas, who made this subject his particular study, who wrote posterior to Zurita, and occasionally refers to him, postpones the era of their admission into the legislature to the beginning of the fourteenth century.

[32] One of the monarchs of Aragon, Alfonso the Warrior, according to Mariana, bequeathed all his dominions to the Templars and Hospitallers. Another, Peter II., agreed to hold his kingdom as a fief of the see of Rome, and to pay it an annual tribute. (Hist. de España, tom. i. pp. 596, 664.) This so much disgusted the people, that they compelled his successors to make a public protest against the claims of the church, before their coronation.—See Blancas, Coronaciones de los Serenisimos Reyes de Aragon, (Zaragoza, 1641,) Cap. 2.

[33] Martel, Forma de Celebrar Cortes, cap. 22.—Asso y Manuel, Instituciones, p. 44.

[34] Zurita, Anales, tom. i. fol. 163, A.D. 1250.

[35] Ibid., tom. i. fol. 51.—The earliest appearance of popular representation in Catalonia is fixed by Ripoll at 1283, (apud Capmany, Práctica y Estilo, p. 135.) What can Capmany mean by postponing the introduction of the commons into the cortes of Aragon to 1300? (See p. 55.) Their presence and names are commemorated by the exact Zurita, several times before the close of the twelfth century.

[36] Práctica y Estilo, pp. 14, 17, 18, 30.—Martel, Forma de Celebrar Cortes, cap. 10.—Those who followed a mechanical occupation, including surgeons and apothecaries, were excluded from a seat in cortes. (Cap. 17.) The faculty have rarely been treated with so little ceremony.

[37] Martel, Forma de Celebrar Cortes, cap. 7.—The cortes appear to have been more frequently convoked in the fourteenth century, than in any other. Blancas refers to no less than twenty-three within that period, averaging nearly one in four years. (Commentarii, Index, voce Comitia.) In Catalonia and Valencia, the cortes was to be summoned every three years. Berart, Discurso Breve sobre la Celebracion de Cortes de Aragon, (1626,) fol. 12.

[38] Capmany, Práctica y Estilo, p. 15.—Blancas has preserved a specimen of an address from the throne, in 1398, in which the king, after selecting some moral apothegm as a text, rambles for the space of half an hour through Scripture history, etc., and concludes with announcing the object of his convening the cortes together, in three lines. Commentarii, pp. 376-380.

[39] See the ceremonial detailed with sufficient prolixity by Martel, (Forma de Celebrar Cortes, cap. 52, 53,) and a curious illustration of it in Zurita, Anales, tom. iv. fol. 313.

[40] Capmany, Práctica y Estilo, pp. 44 et seq.—Martel, Forma de Celebrar Cortes, cap. 50, 60 et seq.—Fueros y Observancias, tom. i. fol. 229.— Blancas, Modo de Proceder, fol. 2-4.—Zurita, Anales, tom. iii. fol. 321. —Robertson, misinterpreting a passage of Blancas, (Commentarii, p. 375,) states, that a "session of Cortes continued forty days." (History of Charles V., vol. i. p. 140.) It usually lasted months.

[41] Fueros y Observancias, fol. 6, tit. Privileg. Gen.—Blancas, Commentarii, p. 371.—Capmany, Práctica y Estilo, p. 51.—It was anciently the practice of the legislature to grant supplies of troops, but not of money. When Peter IV. requested a pecuniary subsidy, the cortes told him, that "such thing had not been usual; that his Christian subjects were wont to serve him with their persons, and it was only for Jews and Moors to serve him with money." Blancas, Modo de Proceder, cap. 18.

[42] See examples of them in Zurita, Anales, tom. i. fol. 51, 263; tom. ii. fol. 391, 394, 424.—Blancas, Modo de Proceder, fol. 98, 106.

[43] "There was such a conformity of sentiment among all parties," says Zurita, "that the privileges of the nobility were no better secured than those of the commons. For the Aragonese deemed that the existence of the commonwealth depended not so much on its strength, as on its liberties." (Anales, lib. 4, cap. 38.) In the confirmation of the privilege by James the Second, in 1325, torture, then generally recognized by the municipal law of Europe, was expressly prohibited in Aragon, "as unworthy of freemen." See Zurita, Anales, lib. 6, cap. 61,—and Fueros y Observancias, tom. i. fol. 9. Declaratio Priv. Generalis.

[44] The patriotism of Blancas warms as he dwells on the illusory picture of ancient virtue, and contrasts it with the degeneracy of his own day. "Et vero prisca haec tanta severitas, desertaque illa et inculta vita, quando dies noctesque nostri armati concursabant, ac in bello et Maurorum sanguine assidui versabantur; verè quidem parsimoniae, fortitudinis, temperantiae, caeterarumque virtutum omnium magistra fuit. In quá maleficia ac scelera, quae nunc in otiosâ hac nostrâ umbratili et delicatâ gignuntur, gigni non solebant; quinimmo ita tunc aequaliter omnes omni genere virtutum floruere, ut egregia haec laus videatur non hominum solum, verum illorum etiam temporum fuisse." Commentarii, p. 340.

[45] It was more frequently referred, both for the sake of expedition, and of obtaining a more full investigation, to commissioners nominated conjointly by the cortes and the party demanding redress. The nature of the greuges, or grievances, which might be brought before the legislature, and the mode of proceeding in relation to them, are circumstantially detailed by the parliamentary historians of Aragon. See Berart, Discurso sobre la Celebracion de Cortes, cap. 7.—Capmany, Práctica y Estilo, pp. 37-44.—Blancas, Modo de Proceder, cap. 14,—and Martel, Forma de Celebrar Cortes, cap. 54-59.

[46] Blancas, Modo de Proceder, cap. 14.—Yet Peter IV., in his dispute with the justice Fernandez de Castro, denied this. Zurita, Anales, tom. ii. fol. 170.

[47] Blancas, Modo de Proceder, ubi supra.

[48] As for example the ciudadanos honrados of Saragossa. (Capmany, Práctica y Estilo, p. 14.) A ciudadano honrado in Catalonia, and I presume the same in Aragon, was a landholder, who lived on his rents without being engaged in commerce or trade of any kind, answering to the French propriétaire. See Capmany, Mem. de Barcelona, tom. ii. Apend. no. 30.