[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.
[49] Blancas, Modo de Proceder, fol. 102.
[50] Not, however, it must be allowed, without a manly struggle in its defence, and which, in the early part of Charles V.’s reign, in 1525, wrenched a promise from the crown, to answer all petitions definitively, before the rising of cortes. The law still remains on the statute-book, (Recop. de las Leyes, lib. 6, tit. 7, ley 8,) a sad commentary on the faith of princes.
[51] Práctica y Estilo, p. 14.
[52] “Y nos tenemos á ellos como buenos vassallos y compañeros.”–Zurita, Anales, lib. 7, cap. 17.
[53] The noun “justicia” was made masculine for the accommodation of this magistrate, who was styled “_el_ justicia.” Antonio Perez, Relaciones, fol. 91.
[54] Blancas, Commentarii, p. 26.–Zurita, Anales, tom. i. fol. 9.
[55] Molinus, apud Blancas, Commentarii, pp. 343, 344.–Fueros y Observancias, tom. i. fol. 21, 25.
[56] Blancas, Commentarii, p. 536.–The principal of these jurisdictions was the royal audience in which the king himself presided in person. Ibid., p. 355.
[57] Fueros y Observancias, tom. i. fol. 23, 60 et seq., 155, lib. 3, tit. De Manifestationibus Personarum.–Also fol. 137 et seq., tit. 7, De Firmis Juris.–Blancas, Commentarii, pp. 350, 351.–Zurita, Anales, lib. 10, cap. 37.–The first of these processes was styled _firma de derecho_, the last, _manifestation_. The Spanish writers are warm in their encomiums of these two provisions. “Quibus duobus praesidiis,” says Blancas, “ita nostrae reipublicae status continetur, ut nulla pars communium fortunarum tutelâ vacua relinquatur.” Both this author and Zurita have amplified the details respecting them, which the reader may find extracted, and in part translated, by Mr. Hallam, Middle Ages, vol. ii. pp. 75-77, notes.
When complex litigation became more frequent, the Justice was allowed one, afterwards two, and at a still later period, in 1528, five lieutenants, as they were called, who aided him in the discharge of his onerous duties. Martel, Forma de Celebrar Cortes, Notas de Uztarroz, pp. 92-96.–Blancas, Commentarii, pp. 361-366.
[58] Ibid., pp. 343, 346, 347.–Idem, Coronaciones, pp. 200, 202.–Antonio Perez, Relaciones, fol. 92.
Sempere cites the opinion of an ancient canonist, Canellas, bishop of Huesca, as conclusive against the existence of the vast powers imputed by later commentators to the Justicia. (Histoire des Cortès, chap. 19.) The vague, rhapsodical tone of the extract shows it to be altogether undeserving of the emphasis laid on it; not to add, that it was written more than a century before the period, when the Justicia possessed the influence or the legal authority claimed for him by Aragonese writers,–by Blancas, in particular, from whom Sempere borrowed the passage at second hand.
[59] The law alluded to runs thus: “Ne quid autem damni detrimentive leges aut libertates nostrae patiantur, judex quidam medius adesto, ad quem a Rege provocare, si aliquem laeserit, injuriasque arcere si quas forsan Reipub. intulerit, jus fasque esto.” Blancas, Commentarii, p. 26.
[60] Such instances may he found in Zurita, Anales, tom. ii. fol. 385, 414.–Blancas, Commentarii, pp. 199, 202-206, 214, 225.–When Ximenes Cerdan, the independent Justice of John I., removed certain citizens from the prison, in which they had been unlawfully confined by the king, in defiance equally of that officer’s importunities and menaces, the inhabitants of Saragossa, says Abarca, came out in a body to receive him on his return to the city, and greeted him as the defender of their ancient and natural liberties. (Reyes de Aragon, tom. i. fol. 155.) So openly did the Aragonese support their magistrate in the boldest exercise of his authority.
[61] This occurred once under Peter III., and twice under Alfonso V. (Zurita, Anales, tom. iii. fol. 255.–Blancas, Commentarii, pp. 174, 489, 499.) The Justice was appointed by the king.
[62] Fueros y Observancias, tom. i. fol. 22.
[63] Ibid., tom. i. fol. 25.
[64] Ibid., tom. i. lib. 3, tit. Forum Inquisitionis Officii Just. Arag., and tom. ii. fol. 37-41.–Blancas, Commentarii, pp. 391-399.
The examination was conducted in the first instance before a court of four inquisitors, as they were termed; who, after a patient hearing of both sides, reported the result of their examination to a council of seventeen, chosen like them from the cortes, from whose decision there was no appeal. No lawyer was admitted into this council, lest the law might be distorted by verbal quibbles, says Blancas. The council, however, was allowed the advice of two of the profession. They voted by ballot, and the majority decided. Such, after various modifications, were the regulations ultimately adopted in 1461, or rather 1467. Robertson appears to have confounded the council of seventeen with the court of inquisition. See his History of Charles V., vol. i. note 31.
[65] Probably no nation of the period would have displayed a temperance similar to that exhibited by the Aragonese at the beginning of the fifteenth century, in 1412; when the people, having been split into factions by a contested succession, agreed to refer the dispute to a committee of judges, elected equally from the three great provinces of the kingdom; who, after an examination conducted with all the forms of law, and on the same equitable principles as would have guided the determination of a private suit, delivered an opinion, which was received as obligatory on the whole nation.
[66] See Zurita, Anales, lib. 8, cap. 29,–and the admirable sentiments cited by Blancas from the parliamentary acts, in 1451. Commentarii, p. 350.
From this independent position must be excepted, indeed, the lower classes of the peasantry, who seem to have been in a more abject state in Aragon than in most other feudal countries. “Era tan absolute su dominio (of their lords) que podian mater con hambre, sed, y frio á sus vasallos de servidumbre.” (Asso y Manuel, Instituciones, p. 40,–also Blancas, Commentarii, p. 309.) These serfs extorted, in an insurrection, the recognition of certain rights from their masters, on condition of paying a specified tax; whence the name _villanos de parada_.
[67] Although the legislatures of the different states of the crown of Aragon were never united in one body when convened in the same town, yet they were so averse to all appearance of incorporation, that the monarch frequently appointed for the places of meeting three distinct towns, within their respective territories and contiguous, in order that he might pass the more expeditiously from one to the other. See Blancas, Modo de Proceder, cap. 4.
[68] It is indeed true, that Peter III., at the request of the Valencians, appointed an Aragonese knight Justice of that kingdom, in 1283. (Zurita, Anales, tom. i. fol. 281.) But we find no further mention of this officer, or of the office. Nor have I met with any notice of it in the details of the Valencian constitution, compiled by Capmany from various writers. (Práctica y Estilo, pp. 161-208.) An anecdote of Ximenes Cerdan, recorded by Blancas, (Commentarii, p. 214,) may lead one to infer, that the places in Valencia, which received the laws of Aragon, acknowledged the jurisdiction of its Justicia.
[69] Capmany, Práctica y Estilo, pp. 62-214.–Capmany has collected copious materials, from a variety of authors, for the parliamentary history of Catalonia and Valencia, forming a striking contrast to the scantiness of information he was able to glean respecting Castile. The indifference of the Spanish writers, till very recently, to the constitutional antiquities of the latter kingdom, so much more important than the other states of the Peninsula, is altogether inexplicable.
[70] Corbera, Cataluña Illustrada, (Nápoles, 1678,) lib. 1, c. 17.–Petrus de Marca cites a charter of Raymond Berenger, count of Barcelona, to the city, as ancient as 1025, confirming its former privileges. See Marca Hispanica, sive Limes Hispanicus, (Parisiis, 1688,) Apend. no. 198.
[71] Navarrete, Discurso Histórico, apud Mem. de la Acad. de Hist., tom. v. pp. 81, 82, 112, 113.–Capmany, Mem. de Barcelona, tom. i. part. 1, cap. 1, pp. 4, 8, 10, 11.
[72] Mem. de Barcelona, part. 1, cap. 2, 3.–Capmany has given a register of the consuls and of the numerous stations, at which they were established throughout Africa and Europe, in the fourteenth and fifteenth centuries, (tom. ii. Apend. no. 23.) These officers during the Middle Ages discharged much more important duties than at the present day, if we except those few residing with the Barbary powers. They settled the disputes arising between their countrymen, in the ports where they were established; they protected the trade of their own nation with these ports; and were employed in adjusting commercial relations, treaties, etc. In short, they filled in some sort the post of a modern ambassador, or resident minister, at a period when this functionary was only employed on extraordinary occasions.
[73] Macpherson, Annals of Commerce, (London, 1825,) vol. i. p. 655.–The woollen manufacture constituted the principal staple of Barcelona. (Capmany, Mem. de Barcelona, tom. i. p. 241.) The English sovereigns encouraged the Catalan traders by considerable immunities to frequent their ports during the fourteenth century. Macpherson, ubi supra, pp. 502, 551, 588.
[74] Heeren, Essai sur l’Influence des Croisades, traduit par Villers, (Paris, 1808,) p. 376.–Capmany, Mem. de Barcelona, tom. i. p. 213, also pp. 170-180.–Capmany fixes the date of the publication of the _Consulado del Mar_ at the middle of the thirteenth century, under James I. He discusses and refutes the claims of the Pisans to precedence in this codification. See his Preliminary Discourse to the Costumbres Maritimas de Barcelona.
[75] Navagiero, Viaggio, fol. 3.–L. Marineo styles it “the most beautiful city he had ever seen, or, to speak more correctly, in the whole world.” (Cosas Memorables, fol. 18.) Alfonso V., in one of his ordinances, in 1438, calls it “urbs venerabilis in egregiis templis, tuta ut in optimis, pulchra in caeteris aedificiis,” etc. Capmany, Mem. de Barcelona, tom. ii. Apend. no. 13.
[76] Capmany, Mem. de Barcelona, Apend. no. 24.–The senate or great council, though styled the “one hundred,” seems to have fluctuated at different times between that number and double its amount.
[77] Corbera, Cataluña Illustrada, p. 84.–Capmany, Mem. de Barcelona, tom. ii. Apend. no. 29.
[78] Capmany, Mem. de Barcelona, tom. i. part. 3, p. 40, tom. iii. part. 2, pp. 317, 318.
[79] Capmany, Mem. de Barcelona, tom. i. part. 2, p. 187.–tom. ii. Apend. 30.–Capmany says _principal nobleza_; yet it may be presumed that much the larger proportion of these noble candidates for office was drawn from the inferior class of the privileged orders, the knights and hidalgos. The great barons of Catalonia, fortified with extensive immunities and wealth, lived on their estates in the country, probably little relishing the levelling spirit of the burghers of Barcelona.
[80] Barcelona revolted and was twice besieged by the royal arms under John II., once under Philip IV., twice under Charles II., and twice under Philip V. This last siege, 1713-14, in which it held out against the combined forces of France and Spain under Marshal Berwick, is one of the most memorable events in the eighteenth century. An interesting account of the siege may be found in Coxe’s Memoirs of the Kings of Spain of the House of Bourbon, (London, 1815,) vol. ii. chap. 21.–The late monarch, Ferdinand VII., also had occasion to feel, that the independent spirit of the Catalans did not become extinct with their ancient constitution.
[81] Viaggio, fol. 3.
[82] Abarca, Reyes de Aragon, tom. ii. fol. 183.–Zurita, Anales, tom. iii. lib. 12, cap. 59.–The king turned his back on the magistrates, who came to pay their respects to him, on learning his intention of quitting the city. He seems, however, to have had the magnanimity to forgive, perhaps to admire, the independent conduct of Fiveller; for at his death, which occurred very soon after, we find this citizen mentioned as one of his executors. See Capmany, Mem. de Barcelona, tom. ii. Apend. 29.
[83] The taxes were assessed in the ratio of one-sixth on Valencia, two- sixths on Aragon, and three-sixths on Catalonia. See Martel, Forma de Celebrar Cortes, cap. 71.
[84] See the items specified by Capmany, Mem. de Barcelona, tom. i. pp. 231, 232.
[85] Idem, tom. i. pp. 221, 234.–Capmany states, that the statute of Alfonso V. prohibited “all foreign ships from taking cargoes in the ports of his dominions.” (See also Colec. Dipl., tom. ii. no. 187.) The object of this law, like that of the British Navigation Act, was the encouragement of the national marine. It deviated far, however, from the sagacious policy of the latter, which imposed no restriction on the exportation of domestic produce to foreign countries, except, indeed, its own colonies.
[86] Andres, Dell’ Origine, de’ Progressi, e dello Stato Attuale d’ Ogni Letteratura, (Venezia, 1783,) part. 1, cap. 11.–Lampillas, Saggio Storico-Apologetico della Letteratura Spagnuola, (Genova, 1778,) part. 1, dis. 6, sec. 7.–Andres conjectures, and Lampillas decides, in favor of Catalonia. _Arcades ambo_; and the latter critic, the worst possible authority on all questions of national preference.
[87] Velazquez, Orígenes de la Poesía Castellana, (Málaga, 1797,) pp. 20- 22.–Andres, Letteratura, part. 1, cap. 11.–Alfonso II., Peter II., Peter III, James I., Peter IV., have all left compositions in the Limousin tongue behind them; the three former in verse; the two latter in prose, setting forth the history of their own time. For a particular account of their respective productions, see Latassa, (Escritores Aragoneses, tom. i. pp. 175-179, 185-189, 222, 224, 242-248; tom. ii. p. 28,) also Lanuza, (Historias Eclesiásticas y Seculares de Aragon, (Zaragoza, 1622,) tom. i. p. 553.) The Chronicle of James I. is particularly esteemed for its fidelity.
[88] Whether Jordi stole from Petrarch, or Petrarch from Jordi, has been matter of hot debate between the Spanish and French _littérateurs_. Sanchez, after a careful examination of the evidence, candidly decides against his countryman, (Poesías Castellanas, tom. i. pp. 81-84.) A competent critic in the Retrospective Review, (No. 7, art. 2,) who enjoyed the advantage over Sanchez of perusing a MS. copy of Jordi’s original poem, makes out a very plausible argument in favor of the originality of the Valencian poet. After all, as the amount stolen, or, to speak more reverently, borrowed, does not exceed half a dozen lines, it is not of vital importance to the reputation of either poet.
[89] The abate Andres lamented fifty years ago, that the worms and moths should be allowed to revel among the precious relics of ancient Castilian literature. (Letteratura, tom. ii. p. 306.) Have their revels been disturbed yet?
[90] Mayáns y Siscár, Orígenes de la Lengua Española, (Madrid, 1737,) tom. ii. pp. 323, 324.–Crescimbeni, Istoria della Volgar Poesia, (Venezia, 1731,) tom. ii. p. 170.–Mariana, Hist. de España, tom. i. p. 183.– Velazquez, Poesía Castellana, pp. 23, 24.
[91] Mayáns y Siscár, Orígenes, tom. ii. pp. 325-327.
[92] Andres, Letteratura, tom. iv. pp. 85, 86.–Capmany, Mem. de Barcelona, tom. ii. Apend. no. 16.–There were thirty-two chairs, or professorships, founded and maintained at the expense of the city; six of theology; six of jurisprudence; five of medicine; six of philosophy; four of grammar; one of rhetoric; one of surgery; one of anatomy; one of Hebrew, and another of Greek. It is singular, that none should have existed for the Latin, so much more currently studied at that time, and of so much more practical application always, than either of the other ancient languages.
[93] The Valencian, “the sweetest and most graceful of the Limousin dialects,” says Mayáns y Siscár, Orígenes, tom. i. p. 58.
[94] Nicolás Antonio, Bibliotheca, Hispana Vetus, (Matriti, 1788,) tom. ii. p. 146.–Andres, Letteratura, tom. iv. p. 87.
[95] Cervantes, Don Quixote, (ed. de Pellicer, Madrid, 1787,) tom. i, p. 62.–Mendez, Typographia Española, (Madrid, 1796,) pp. 72-75.–Andres, Letteratura, ubi supra.–Pellicer seems to take Martorell’s word in good earnest, that his book is only a version from the Castilian.
The _names_ of some of the most noted troubadours are collected by Velazquez, Poesía Castellana, (pp. 20-24.–Capmany, Mem. de Barcelona, tom. ii. Apend. no. 5.) Some extracts and pertinent criticisms on their productions may be found by the English reader in the Retrospective Review. (No. 7, art. 2.) It is to be regretted that the author has not redeemed his pledge of continuing his notices to the Castilian era of Spanish poetry.
[Illustration: GENEALOGY OF FERDINAND AND ISABELLA.]
PART FIRST.
1406-1492.
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.
1406-1454.
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.–Decline of Alvaro de Luna.–His Fall.–Death of John II.–Birth of Isabella.
The fierce civil feuds, which preceded the accession of the House of Trastamara in 1368, were as fatal to the nobility of Castile, as the wars of the Hoses were to that of England. There was scarcely a family of note, which had not poured out its blood on the field or the scaffold. The influence of the aristocracy was, of course, much diminished with its numbers. The long wars with foreign powers, which a disputed succession entailed on the country, were almost equally prejudicial to the authority of the monarch, who was willing to buoy up his tottering title by the most liberal concession of privileges to the people. Thus the commons rose in proportion as the crown and the privileged orders descended in the scale; and, when the claims of the several competitors for the throne were finally extinguished, and the tranquillity of the kingdom was secured, by the union of Henry the Third with Catharine of Lancaster at the close of the fourteenth century, the third estate may be said to have attained to the highest degree of political consequence which it ever reached in Castile.
The healthful action of the body politic, during the long interval of peace that followed this auspicious union, enabled it to repair the strength, which had been wasted in its murderous civil contests. The ancient channels of commerce were again opened; various new manufactures were introduced, and carried to a considerable perfection; [1] wealth, with its usual concomitants, elegance and comfort, flowed in apace; and the nation promised itself a long career of prosperity under a monarch, who respected the laws in his own person, and administered them with vigor. All these fair hopes were blasted by the premature death of Henry the Third, before he had reached his twenty-eighth year. The crown devolved on his son John the Second, then a minor, whose reign was one of the longest and the most disastrous in the Castilian annals. [2] As it was that, however, which gave birth to Isabella, the illustrious subject of our narrative, it will be necessary to pass its principal features under review, in order to obtain a correct idea of her government.
The wise administration of the regency, during a long minority, postponed the season of calamity; and when it at length arrived, it was concealed for some time from the eyes of the vulgar by the pomp and brilliant festivities, which distinguished the court of the young monarch. His indisposition, if not incapacity for business, however, gradually became manifest; and, while he resigned himself without reserve to pleasures, which it must be confessed were not unfrequently of a refined and intellectual character, he abandoned the government of his kingdom to the control of favorites.
The most conspicuous of these was Alvaro de Luna, grand master of St. James, and constable of Castile. This remarkable person, the illegitimate descendant of a noble house in Aragon, was introduced very early as a page into the royal household, where he soon distinguished himself by his amiable manners and personal accomplishments. He could ride, fence, dance, sing, if we may credit his loyal biographer, better than any other cavalier in the court; while his proficiency in music and poetry recommended him most effectually to the favor of the monarch, who professed to be a connoisseur in both. With these showy qualities, Alvaro de Luna united others of a more dangerous complexion. His insinuating address easily conciliated confidence, and enabled him to master the motives of others, while his own were masked by consummate dissimulation. He was as fearless in executing his ambitious schemes, as he was cautious in devising them. He was indefatigable in his application to business, so that John, whose aversion to it we have noticed, willingly reposed on him the whole burden of government. The king, it was said, only signed, while the constable dictated and executed. He was the only channel of promotion to public office, whether secular or ecclesiastical. As his cupidity was insatiable, he perverted the great trust confided to him to the acquisition of the principal posts in the government for himself or his kindred, and at his death is said to have left a larger amount of treasure than was possessed by the whole nobility of the kingdom. He affected a magnificence of state corresponding with his elevated rank. The most considerable grandees in Castile contended for the honor of having their sons, after the fashion of the time, educated in his family. When he rode abroad, he was accompanied by a numerous retinue of knights and nobles, which left his sovereign’s court comparatively deserted; so that royalty might be said on all occasions, whether of business or pleasure, to be eclipsed by the superior splendors of its satellite. [3] The history of this man may remind the English reader of that of Cardinal Wolsey, whom he somewhat resembled in character, and still more in his extraordinary fortunes.
It may easily be believed, that the haughty aristocracy of Castile would ill brook this exaltation of an individual so inferior to them in birth, and who withal did not wear his honors with exemplary meekness. John’s blind partiality for his favorite is the key to all the troubles which agitated the kingdom during the last thirty years of his reign. The disgusted nobles organized confederacies for the purpose of deposing the minister. The whole nation took sides in this unhappy struggle. The heats of civil discord were still further heightened by the interference of the royal house of Aragon, which, descended from a common stock with that of Castile, was proprietor of large estates in the latter country. The wretched monarch beheld even his own son Henry, the heir to the crown, enlisted in the opposite faction, and saw himself reduced to the extremity of shedding the blood of his subjects in the fatal battle of Olmedo. Still the address, or the good fortune, of the constable enabled him to triumph over his enemies; and, although he was obliged occasionally to yield to the violence of the storm and withdraw a while from the court, he was soon recalled and reinstated in all his former dignities. This melancholy infatuation of the king is imputed by the writers of that age to sorcery on the part of the favorite. [4] But the only witchcraft which he used, was the ascendency of a strong mind over a weak one.