CHAPTER I.

Anne Soulard, Tiffany Vergon, Charles Aldarondo and the Online Distributed

Proofreading Team

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

BY WILLIAM H. PRESCOTT.

IN THREE VOLUMES.

VOL. I.

TO

THE HONORABLE

WILLIAM PRESCOTT, LL.D.,

THE GUIDE OF MY YOUTH,

MY BEST FRIEND IN RIPER YEARS,

THESE VOLUMES,

WITH THE WARMEST FEELINGS OF FILIAL AFFECTION,

ARE RESPECTFULLY INSCRIBED.

PREFACE

TO THE FIRST EDITION.

English writers have done more for the illustration of Spanish history,

than for that of any other except their own. To say nothing of the recent

general compendium, executed for the "Cabinet Cyclopaedia," a work of

singular acuteness and information, we have particular narratives of the

several reigns, in an unbroken series, from the emperor Charles the Fifth

(the First of Spain) to Charles the Third, at the close of the last

century, by authors whose names are a sufficient guaranty for the

excellence of their productions. It is singular, that, with this attention

to the modern history of the Peninsula, there should be no particular

account of the period which may be considered as the proper basis of it,--

the reign of Ferdinand and Isabella.

In this reign, the several States, into which the country had been broken

up for ages, were brought under a common rule; the kingdom of Naples was

conquered; America discovered and colonized; the ancient empire of the

Spanish Arabs subverted; the dread tribunal of the Modern Inquisition

established; the Jews, who contributed so sensibly to the wealth and

civilization of the country, were banished; and, in fine, such changes

were introduced into the interior administration of the monarchy, as have

left a permanent impression on the character and condition of the nation.

The actors in these events were every way suited to their importance.

Besides the reigning sovereigns, Ferdinand and Isabella, the latter

certainly one of the most interesting personages in history, we have, in

political affairs, that consummate statesman, Cardinal Ximenes, in

military, the "Great Captain," Gonsalvo de Cordova, and in maritime, the

most successful navigator of any age, Christopher Columbus; whose entire

biographies fall within the limits of this period. Even such portions of

it as have been incidentally touched by English writers, as the Italian

wars, for example, have been drawn so exclusively from French and Italian

sources, that they may be said to be untrodden ground for the historian of

Spain. [1]

It must be admitted, however, that an account of this reign could not have

been undertaken at any preceding period, with anything like the advantages

at present afforded; owing to the light which recent researches of Spanish

scholars, in the greater freedom of inquiry now enjoyed, have shed on some

of its most interesting and least familiar features. The most important of

the works to which I allude are, the History of the Inquisition, from

official documents, by its secretary, Llorente; the analysis of the

political institutions of the kingdom, by such writers as Marina, Sempere,

and Capmany; the literal version, now made for the first time, of the

Spanish-Arab chronicles, by Conde; the collection of original and

unpublished documents, illustrating the history of Columbus and the early

Castilian navigators, by Navarrete; and, lastly, the copious illustrations

of Isabella's reign, by Clemencin, the late lamented secretary of the

Royal Academy of History, forming the sixth volume of its valuable

Memoirs.

It was the knowledge of these facilities for doing justice to this

subject, as well as its intrinsic merits, which led me, ten years since,

to select it; and surely no subject could be found more suitable for the

pen of an American, than a history of that reign, under the auspices of

which the existence of his own favored quarter of the globe was first

revealed. As I was conscious that the value of the history must depend

mainly on that of its materials, I have spared neither pains nor expense,

from the first, in collecting the most authentic. In accomplishing this, I

must acknowledge the services of my friends, Mr. Alexander H. Everett,

then minister plenipotentiary from the United States to the court of

Madrid, Mr. Arthur Middleton, secretary of the American legation, and,

above all, Mr. O. Rich, now American consul for the Balearic Islands, a

gentleman, whose extensive bibliographical knowledge, and unwearied

researches, during a long residence in the Peninsula, have been liberally

employed for the benefit both of his own country and of England. With such

assistance, I flatter myself that I have been enabled to secure whatever

can materially conduce to the illustration of the period in question,

whether in the form of chronicle, memoir, private correspondence, legal

codes, or official documents. Among these are various contemporary

manuscripts, covering the whole ground of the narrative, none of which

have been printed, and some of them but little known to Spanish scholars.

In obtaining copies of these from the public libraries, I must add, that I

have found facilities under the present liberal government, which were

denied me under the preceding. In addition to these sources of

information, I have availed myself, in the part of the work occupied with

literary criticism and history, of the library of my friend, Mr. George

Ticknor, who during a visit to Spain, some years since, collected whatever

was rare and valuable in the literature of the Peninsula. I must further

acknowledge my obligations to the library of Harvard University, in

Cambridge, from whose rich repository of books relating to our own country

I have derived material aid. And, lastly, I must not omit to notice the

favors of another kind for which I am indebted to my friend, Mr. William

H. Gardiner, whose judicious counsels have been of essential benefit to me

in the revision of my labors.

In the plan of the work, I have not limited myself to a strict

chronological narrative of passing events, but have occasionally paused,

at the expense, perhaps, of some interest in the story, to seek such

collateral information as might bring these events into a clearer view. I

have devoted a liberal portion of the work to the literary progress of the

nation, conceiving this quite as essential a part of its history as civil

and military details. I have occasionally introduced, at the close of the

chapters, a critical notice of the authorities used, that the reader may

form some estimate of their comparative value and credibility. Finally, I

have endeavored to present him with such an account of the state of

affairs, both before the accession, and at the demise of the Catholic

sovereigns, as might afford him the best points of view for surveying the

entire results of their reign.

How far I have succeeded in the execution of this plan, must be left to

the reader's candid judgment. Many errors he may be able to detect. Sure I

am, there can be no one more sensible of my deficiencies than myself;

although it was not till after practical experience, that I could fully

estimate the difficulty of obtaining anything like a faithful portraiture

of a distant age, amidst the shifting hues and perplexing cross lights of

historic testimony. From one class of errors my subject necessarily

exempts me; those founded on national or party feeling. I may have been

more open to another fault; that of too strong a bias in favor of my

principal actors; for characters, noble and interesting in themselves,

naturally beget a sort of partiality akin to friendship, in the

historian's mind, accustomed to the daily contemplation of them. Whatever

defects may be charged on the work, I can at least assure myself, that it

is an honest record of a reign important in itself, new to the reader in

an English dress, and resting on a solid basis of authentic materials,

such as probably could not be met with out of Spain, nor in it without

much difficulty.

I hope I shall be acquitted of egotism, although I add a few words

respecting the peculiar embarrassments I have encountered, in composing

these volumes. Soon after my arrangements were made, early in 1826, for

obtaining the necessary materials from Madrid, I was deprived of the use

of my eyes for all purposes of reading and writing, and had no prospect of

again recovering it. This was a serious obstacle to the prosecution of a

work requiring the perusal of a large mass of authorities, in various

languages, the contents of which were to be carefully collated, and

transferred to my own pages, verified by minute reference. [2] Thus shut

out from one sense, I was driven to rely exclusively on another, and to

make the ear do the work of the eye. With the assistance of a reader,

uninitiated, it may be added, in any modern language but his own, I worked

my way through several venerable Castilian quartos, until I was satisfied

of the practicability of the undertaking. I next procured the services of

one more competent to aid me in pursuing my historical inquiries. The

process was slow and irksome enough, doubtless, to both parties, at least

till my ear was accommodated to foreign sounds, and an antiquated,

oftentimes barbarous phraseology, when my progress became more sensible,

and I was cheered with the prospect of success. It certainly would have

been a far more serious misfortune, to be led thus blindfold through the

pleasant paths of literature; but my track stretched, for the most part,

across dreary wastes, where no beauty lurked, to arrest the traveller's

eye and charm his senses. After persevering in this course for some years,

my eyes, by the blessing of Providence, recovered sufficient strength to

allow me to use them, with tolerable freedom, in the prosecution of my

labors, and in the revision of all previously written. I hope I shall not

be misunderstood, as stating these circumstances to deprecate the severity

of criticism, since I am inclined to think the greater circumspection I

have been compelled to use has left me, on the whole, less exposed to

inaccuracies, than I should have been in the ordinary mode of composition.

But, as I reflect on the many sober hours I have passed in wading through

black letter tomes, and through manuscripts whose doubtful orthography and

defiance of all punctuation were so many stumbling-blocks to my

amanuensis, it calls up a scene of whimsical distresses, not usually

encountered, on which the good-natured reader may, perhaps, allow I have

some right, now that I have got the better of them, to dwell with

satisfaction.

I will only remark, in conclusion of this too prolix discussion about

myself, that while making my tortoise-like progress, I saw what I had

fondly looked upon as my own ground, (having indeed lain unmolested by any

other invader for so many ages,) suddenly entered, and in part occupied,

by one of my countrymen. I allude to Mr. Irving's "History of Columbus,"

and "Chronicle of Granada;" the subjects of which, although covering but a

small part of my whole plan, form certainly two of its most brilliant

portions. Now, alas! if not devoid of interest, they are, at least,

stripped of the charm of novelty. For what eye has not been attracted to

the spot on which the light of that writer's genius has fallen?

I cannot quit the subject which has so long occupied me, without one

glance at the present unhappy condition of Spain; who, shorn of her

ancient splendor, humbled by the loss of empire abroad, and credit at

home, is abandoned to all the evils of anarchy. Yet, deplorable as this

condition is, it is not so bad as the lethargy in which she has been sunk

for ages. Better be hurried forward for a season on the wings of the

tempest, than stagnate in a deathlike calm, fatal alike to intellectual

and moral progress. The crisis of a revolution, when old things are

passing away, and new ones are not yet established, is, indeed, fearful.

Even the immediate consequences of its achievement are scarcely less so to

a people who have yet to learn by experiment the precise form of

institutions best suited to their wants, and to accommodate their

character to these institutions. Such results must come with time,

however, if the nation be but true to itself. And that they will come,

sooner or later, to the Spaniards, surely no one can distrust who is at

all conversant with their earlier history, and has witnessed the examples

it affords of heroic virtue, devoted patriotism, and generous love of

freedom;

"Chè l'antico valore

----non è ancor morto."

Clouds and darkness have, indeed, settled thick around the throne of the

youthful Isabella; but not a deeper darkness than that which covered the

land in the first years of her illustrious namesake; and we may humbly

trust, that the same Providence, which guided her reign to so prosperous a

termination, may carry the nation safe through its present perils, and

secure to it the greatest of earthly blessings, civil and religious

liberty.

_November_, 1837.

FOOTNOTES

[1] The only histories of this reign by continental writers, with which I

am acquainted, are the "Histoire des Rois Catholiques Ferdinand et

Isabelle, par l'Abbé Mignot, Paris, 1766," and the "Geschichte der

Regierung Ferdinand des Katholischen, von Rupert Becker, Prag und Leipzig,

1790." Their authors have employed the most accessible materials only in

the compilation; and, indeed, they lay claim to no great research, which

would seem to be precluded by the extent of their works, in neither

instance exceeding two volumes duodecimo. They have the merit of

exhibiting, in a simple, perspicuous form, those events, which, lying on

the surface, may be found more or less expanded in moat general histories.

[2] "To compile a history from various authors, when they can only be

consulted by other eyes, is not easy, nor possible, but with more skilful

and attentive help than can be commonly obtained." [Johnson's _Life of

Milton_.] This remark of the great critic, which first engaged my

attention in the midst of my embarrassments, although discouraging at

first, in the end stimulated the desire to overcome them.

PREFACE

TO THE THIRD ENGLISH EDITION.

Since the publication of the First Edition of this work, it has undergone

a careful revision; and this, aided by the communications of several

intelligent friends, who have taken an interest in its success, has

enabled me to correct several verbal inaccuracies, and a few typographical

errors, which had been previously overlooked. While the Second Edition was

passing through the press, I received, also, copies of two valuable

Spanish works, having relation to the reign of the Catholic sovereigns,

but which, as they appeared during the recent troubles of the Peninsula,

had not before come to my knowledge. For these I am indebted to the

politeness of Don Angel Calderon de la Barca, late Spanish Minister at

Washington; a gentleman, whose frank and liberal manners, personal

accomplishments, and independent conduct in public life, have secured for

him deservedly high consideration in the United States, as well as in his

own country.

I must still further acknowledge my obligation to Don Pascual de Gayangos,

the learned author of the "Mahommedan Dynasties in Spain," recently

published in London,--a work, which, from its thorough investigation of

original sources, and fine spirit of criticism, must supply, what has been

so long felt as an important desideratum with the student,--the means of

forming a perfect acquaintance with the Arabian portion of the Peninsular

annals. There fell into the hands of this gentleman, on the breaking up of

the convents of Saragossa in 1835, a rich collection of original

documents, comprehending, among other things, the autograph correspondence

of Ferdinand and Isabella, and of the principal persons of their court. It

formed, probably, part of the library of Geronimo Zurita,--historiographer

of Aragon, under Philip the Second,--who, by virtue of his office, was

intrusted with whatever documents could illustrate the history of the

country. This rare collection was left at his death to a monastery in his

native city. Although Zurita is one of the principal authorities for the

present work, there are many details of interest in this correspondence,

which have passed unnoticed by him, although forming the basis of his

conclusions; and I have gladly availed myself of the liberality and great

kindness of Señor de Gayangos, who has placed these manuscripts at my

disposal, transcribing such as I have selected, for the corroboration and

further illustration of my work. The difficulties attending this labor of

love will be better appreciated, when it is understood, that the original

writing is in an antiquated character, which _few_ Spanish scholars of the

present day could comprehend, and often in cipher, which requires much

patience and ingenuity to explain. With these various emendations, it is

hoped that the present Edition may be found more deserving of that favor

from the public, which has been so courteously accorded to the preceding.

_March_, 1841.

CONTENTS OF VOLUME I.

INTRODUCTION.

SECTION I.

VIEW OF THE CASTILIAN MONARCHY BEFORE THE FIFTEENTH CENTURY.

STATE OF SPAIN AT THE MIDDLE OF THE FIFTEENTH CENTURY

EARLY HISTORY AND CONSTITUTION OF CASTILE

THE VISIGOTHS

INVASION OF THE ARABS

ITS INFLUENCE ON THE CONDITION OF THE SPANIARDS

CAUSES OF THEIR SLOW RECONQUEST OF THE COUNTRY

THEIR ULTIMATE SUCCESS CERTAIN

THEIR RELIGIOUS ENTHUSIASM

INFLUENCE OF THEIR MINSTRELSY

THEIR CHARITY TO THE INFIDEL

THEIR CHIVALRY

EARLY IMPORTANCE OF THE CASTILIAN TOWNS

THEIR PRIVILEGES

CASTILIAN CORTES

ITS GREAT POWERS

ITS BOLDNESS

HERMANDADES OF CASTILE

WEALTH OF THE CITIES

PERIOD OF THE HIGHEST POWER OF THE COMMONS

THE NOBILITY

THEIR PRIVILEGES

THEIR GREAT WEALTH

THEIR TURBULENT SPIRIT

THE CAVALLEROS OR KNIGHTS

THE CLERGY

INFLUENCE OF THE PAPAL COURT

CORRUPTION OP THE CLERGY

THEIR RICH POSSESSIONS

LIMITED EXTENT OF THE ROYAL PREROGATIVE

POVERTY OF THE CROWN

ITS CAUSES

ANECDOTE OF HENRY III., OF CASTILE

CONSTITUTIONAL WRITERS ON CASTILE

CONSTITUTION AT THE BEGINNING OF THE FIFTEENTH CENTURY

NOTICE OF MARINA AND SEMPERE

SECTION II.

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

CENTURY.

RISE OF ARAGON

FOREIGN CONQUESTS

CODE OF SOPRARBE

THE RICOS HOMBRES

THEIR IMMUNITIES

THEIR TURBULENCE

PRIVILEGES OF UNION

THEIR ABROGATION

THE LEGISLATURE OF ARAGON

ITS FORMS OF PROCEEDING

ITS POWERS

THE GENERAL PRIVILEGE

JUDICIAL FUNCTIONS OF CORTES

PREPONDERANCE OF THE COMMONS

THE JUSTICE OF ARAGON

HIS GREAT AUTHORITY

SECURITY AGAINST ITS ABUSE

INDEPENDENT EXECUTION OF IT

VALENCIA AND CATALONIA

RISE AND OPULENCE OF BARCELONA

HER FREE INSTITUTIONS

HAUGHTY SPIRIT OF THE CATALANS

INTELLECTUAL CULTURE

POETICAL ACADEMY OF TORTOSA

BRIEF GLORY OF THE LIMOUSIN

CONSTITUTIONAL WRITERS ON ARAGON

NOTICES OF BLANCAS, MARTEL, AND CAPMANY

PART FIRST.

THE PERIOD WHEN THE DIFFERENT KINGDOMS OF SPAIN WERE FIRST UNITED UNDER

ONE MONARCHY, AND A THOROUGH REFORM WAS INTRODUCED INTO THEIR INTERNAL

ADMINISTRATION; OR THE PERIOD EXHIBITING MOST FULLY THE DOMESTIC POLICY OF

FERDINAND AND ISABELLA.

CHAPTER I.

STATE OF CASTILE AT THE BIRTH OF ISABELLA.--REIGN OF JOHN II.,

OF CASTILE.

REVOLUTION OF TRASTAMARA

ACCESSION OF JOHN II.

RISE OF ALVARO DE LUNA

JEALOUSY OF THE NOBLES

OPPRESSION OF THE COMMONS

ITS CONSEQUENCES

EARLY LITERATURE OF CASTILE

ITS ENCOURAGEMENT UNDER JOHN II.

MARQUIS OF VILLENA

MARQUIS OF SANTILLANA

JOHN DE MENA

HIS INFLUENCE

BAENA'S CANCIONERO

CASTILIAN LITERATURE UNDER JOHN II

DECLINE OF ALVARO DE LUNA

HIS FALL

HIS DEATH

LAMENTED BY JOHN

DEATH OF JOHN II

BIRTH OF ISABELLA

CHAPTER II.

CONDITION OF ARAGON DURING THE MINORITY OF FERDINAND.--REIGN OF JOHN

II., OF ARAGON.

JOHN OF ARAGON

TITLE OF HIS SON CARLOS TO NAVARRE

HE TAKES ARMS AGAINST HIS FATHER

IS DEFEATED

BIRTH OF FERDINAND

CARLOS RETIRES TO NAPLES

HE PASSES INTO SICILY

JOHN II. SUCCEEDS TO THE CROWN OF ARAGON

CARLOS RECONCILED WITH HIS FATHER

IS IMPRISONED

INSURRECTION OF THE CATALANS

CARLOS RELEASED

HIS DEATH

HIS CHARACTER

TRAGICAL STORY OF BLANCHE

FERDINAND SWORN HEIR TO THE CROWN

BESIEGED BY THE CATALANS IN GERONA

TREATY BETWEEN FRANCE AND ARAGON

GENERAL REVOLT IN CATALONIA

SUCCESSES OF JOHN

CROWN OF CATALONIA OFFERED TO RENÉ OF ANJOU

DISTRESS AND EMBARRASSMENTS OF JOHN

POPULARITY OF THE DUKE OF LORRAINE

DEATH OF THE QUEEN OF ARAGON

IMPROVEMENT IN JOHN'S AFFAIRS

SIEGE OF BARCELONA

IT SURRENDERS

CHAPTER III.

REIGN OF HENRY IV., OF CASTILE.--CIVIL WAR.--MARRIAGE OF FERDINAND

AND ISABELLA.

POPULARITY OF HENRY IV

HE DISAPPOINTS EXPECTATIONS

HIS DISSOLUTE HABITS

OPPRESSION OF THE PEOPLE

DEBASEMENT OF THE COIN

CHARACTER OF PACHECO, MARQUIS OF VILLENA

CHARACTER OF THE ARCHBISHOP OF TOLEDO

INTERVIEW BETWEEN HENRY IV. AND LOUIS XI

DISGRACE OF VILLENA AND THE ARCHBISHOP OF TOLEDO

LEAGUE OF THE NOBLES

DEPOSITION OF HENRY AT AVILA

DIVISION OF PARTIES

INTRIGUES OF THE MARQUIS OF VILLENA

HENRY DISBANDS HIS FORCES

PROPOSITION FOR THE MARRIAGE OF ISABELLA

HER EARLY EDUCATION

PROJECTED UNION WITH THE GRAND MASTER OF CALATRAVA

HIS SUDDEN DEATH

BATTLE OF OLMEDO

CIVIL ANARCHY

DEATH AND CHARACTER OF ALFONSO

HIS REIGN A USURPATION

THE CROWN OFFERED TO ISABELLA

SHE DECLINES IT

TREATY BETWEEN HENRY AND THE CONFEDERATES

ISABELLA ACKNOWLEDGED HEIR TO THE CROWN AT TOROS DE GUISANDO

SUITORS TO ISABELLA

FERDINAND OF ARAGON

SUPPORT OF JOANNA BELTRANEJA

PROPOSAL OF THE KING OF PORTUGAL REJECTED BY ISABELLA

SHE ACCEPTS FERDINAND

ARTICLES OF MARRIAGE

CRITICAL SITUATION OF ISABELLA

FERDINAND ENTERS CASTILE

PRIVATE INTERVIEW BETWEEN FERDINAND AND ISABELLA

THEIR MARRIAGE

NOTICE OF THE QUINCUAGENAS OF OVIEDO

CHAPTER IV.

FACTIONS IN CASTILE.--WAR BETWEEN FRANCE AND ARAGON.--DEATH OF HENRY

IV., OF CASTILE.

FACTIONS IN CASTILE

FERDINAND AND ISABELLA

CIVIL ANARCHY

REVOLT OF ROUSSILLON FROM LOUIS XI.

GALLANT DEFENCE OF PERPIGNAN

FERDINAND RAISES THE SIEGE

TREATY BETWEEN FRANCE AND ARAGON

ISABELLA'S PARTY GAINS STRENGTH

INTERVIEW BETWEEN HENRY IV. AND ISABELLA AT SEGOVIA

SECOND FRENCH INVASION OF ROUSSILLON

FERDINAND'S SUMMARY EXECUTION OF JUSTICE

SIEGE AND REDUCTION OF PERPIGNAN

PERFIDY OF LOUIS XI.

ILLNESS OF HENRY IV., OF CASTILE

HIS DEATH

INFLUENCE OF HIS REIGN

NOTICE OF ALONSO DE PALENCIA

NOTICE OF ENRIQUEZ DE CASTILLO

CHAPTER V.

ACCESSION OF FERDINAND AND ISABELLA.--WAR OF THE SUCCESSION.--BATTLE OF

TORO.

TITLE OF ISABELLA

SHE IS PROCLAIMED QUEEN

SETTLEMENT OF THE CROWN

PARTISANS OF JOANNA

ALFONSO OF PORTUGAL SUPPORTS HER CAUSE

HE INVADES CASTILE

HE ESPOUSES JOANNA

CASTILIAN ARMY

FERDINAND MARCHES AGAINST ALFONSO

HE CHALLENGES HIM TO PERSONAL COMBAT

DISORDERLY RETREAT OF THE CASTILIANS

APPROPRIATION OF THE CHURCH PLATE

REORGANIZATION OF THE ARMY

KING OF PORTUGAL ARRIVES BEFORE ZAMORA

ABSURD POSITION

HE SUDDENLY DECAMPS

OVERTAKEN BY FERDINAND

BATTLE OF TORO

THE PORTUGUESE ROUTED

ISABELLA'S THANKSGIVING FOR THE VICTORY

SUBMISSION OF THE WHOLE KINGDOM

THE KING OF PORTUGAL VISITS FRANCE

RETURNS TO PORTUGAL

PEACE WITH FRANCE

ACTIVE MEASURES OF ISABELLA

TREATY OF PEACE WITH PORTUGAL

JOANNA TAKES THE VEIL

DEATH OF THE KING OF PORTUGAL

DEATH OF THE KING OF ARAGON

CHAPTER VI.

INTERNAL ADMINISTRATION OF CASTILE.

SCHEME OF REFORM FOR THE GOVERNMENT OF CASTILE

ADMINISTRATION OF JUSTICE

ESTABLISHMENT OF THE HERMANDAD

CODE OF THE HERMANDAD

INEFFECTUAL OPPOSITION OF THE NOBILITY

TUMULT AT SEGOVIA

ISABELLA'S PRESENCE OF MIND

ISABELLA VISITS SEVILLE

HER SPLENDID RECEPTION THERE

SEVERE EXECUTION OF JUSTICE

MARQUIS OF CADIZ AND DUKE OF MEDINA SIDONIA

ROYAL PROGRESS THROUGH ANDALUSIA

IMPARTIAL EXECUTION OP THE LAWS

REORGANIZATION OP THE TRIBUNALS

KING AND QUEEN PRESIDE IN COURTS OF JUSTICE

RE-ESTABLISHMENT OF ORDER

REFORM OF THE JURISPRUDENCE

CODE OF ORDENANÇAS REALES

SCHEMES FOR REDUCING THE NOBILITY

REVOCATION OF THE ROYAL GRANTS

LEGISLATIVE ENACTMENTS

THE QUEEN'S SPIRITED CONDUCT TO THE NOBILITY

MILITARY ORDERS OF CASTILE

ORDER OF ST. JAGO

ORDER OF CALATRAVA

ORDER OF ALCANTARA

GRAND-MASTERSHIPS ANNEXED TO THE CROWN

THEIR REFORMATION

USURPATIONS OF THE CHURCH

RESISTED BY CORTES

DIFFERENCE WITH THE POPE

RESTORATION OF TRADE

SALUTARY ENACTMENTS OF CORTES

PROSPERITY OF THE KINGDOM

NOTICE OF CLEMENCIN

CHAPTER VII.

ESTABLISHMENT OF THE MODERN INQUISITION.

ORIGIN OF THE ANCIENT INQUISITION

ITS INTRODUCTION INTO ARAGON

RETROSPECTIVE VIEW OF THE JEWS IN SPAIN

UNDER THE ARABS

UNDER THE CASTILIANS

PERSECUTION OF THE JEWS

THEIR STATE AT THE ACCESSION OF ISABELLA

CHARGES AGAINST THEM

BIGOTRY OF THE AGE

ITS INFLUENCE ON ISABELLA

CHARACTER OF HER CONFESSOR, TORQUEMADA

PAPAL BULL AUTHORIZING THE INQUISITION

ISABELLA RESORTS TO MILDER MEASURES

ENFORCES THE PAPAL BULL

INQUISITION AT SEVILLE

PROOFS OF JUDAISM

THE SANGUINARY PROCEEDINGS OF THE INQUISITORS

CONDUCT OF THE PAPAL COURT

FINAL ORGANIZATION OF THE INQUISITION

FORMS OF TRIAL

TORTURE

INJUSTICE OF ITS PROCEEDINGS

AUTOS DA FE

CONVICTIONS UNDER TORQUEMADA

PERFIDIOUS POLICY OF ROME

NOTICE OF LLORENTE'S HISTORY OF THE INQUISITION

CHAPTER VIII.

REVIEW OF THE POLITICAL AND INTELLECTUAL CONDITION OF THE SPANISH ARABS

PREVIOUS TO THE WAR OF GRANADA.

EARLY SUCCESSES OF MAHOMETANISM

CONQUEST OF SPAIN

WESTERN CALIPHATE

FORM OF GOVERNMENT

CHARACTER OF THE SOVEREIGNS

MILITARY ESTABLISHMENT

SUMPTUOUS PUBLIC WORKS

GREAT MOSQUE OF CORDOVA

REVENUES

MINERAL WEALTH OF SPAIN

HUSBANDRY AND MANUFACTURES

POPULATION

CHARACTER OF ALHAKEM II.

INTELLECTUAL DEVELOPMENT

DISMEMBERMENT OF THE CORDOVAN EMPIRE

KINGDOM OF GRANADA

AGRICULTURE AND COMMERCE

RESOURCES OF THE CROWN

LUXURIOUS CHARACTER OF THE PEOPLE

MOORISH GALLANTRY

CHIVALRY

UNSETTLED STATE OF GRANADA

CAUSES OF HER SUCCESSFUL RESISTANCE

LITERATURE OF THE SPANISH ARABS

CIRCUMSTANCES FAVORABLE TO IT

PROVISIONS FOR LEARNING

THE ACTUAL RESULTS

AVERROES

THEIR HISTORICAL MERITS

USEFUL DISCOVERIES

THE IMPULSE GIVEN BY THEM TO EUROPE

THEIR ELEGANT LITERATURE

POETICAL CHARACTER

INFLUENCE ON THE CASTILIAN

CIRCUMSTANCES PREJUDICIAL TO THEIR REPUTATION

NOTICES OF CASIRI, CONDE, AND CARDONNE

CHAPTER IX.

WAR OF GRANADA.--SURPRISE OF ZAHARA.--CAPTURE OF ALHAMA.

ZAHARA SURPRISED BY THE MOORS

DESCRIPTION OF ALHAMA

THE MARQUIS OF CADIZ

HIS EXPEDITION AGAINST ALHAMA

SURPRISE OF THE FORTRESS

VALOR OF THE CITIZENS

SALLY UPON THE MOORS

DESPERATE COMBAT

FALL OF ALHAMA

CONSTERNATION OF THE MOORS

THE MOORS BESIEGE ALHAMA

DISTRESS OF THE GARRISON

THE DUKE OF MEDINA SIDONIA

MARCHES TO RELIEVE ALHAMA

RAISES THE SIEGE

MEETING OF THE TWO ARMIES

THE SOVEREIGNS AT CORDOVA

ALHAMA INVESTED AGAIN BY THE MOORS

ISABELLA'S FIRMNESS

FERDINAND RAISES THE SIEGE

VIGOROUS MEASURES OF THE QUEEN

CHAPTER X.

WAR OF GRANADA.--UNSUCCESSFUL ATTEMPT ON LOJA.--DEFEAT IN THE AXARQUIA.

SIEGE OF LOJA

CASTILIAN FORCES

ENCAMPMENT BEFORE LOJA

SKIRMISH WITH THE ENEMY

RETREAT OF THE SPANIARDS

REVOLUTION IN GRANADA

DEATH OF THE ARCHBISHOP OF TOLEDO

AFFAIRS OF ITALY

OF NAVARRE

RESOURCES OF THE CROWN

JUSTICE OF THE SOVEREIGNS

EXPEDITION TO THE AXARQUIA

THE MILITARY ARRAY

PROGRESS OF THE ARMY

MOORISH PREPARATIONS

SKIRMISH AMONG THE MOUNTAINS

RETREAT OF THE SPANIARDS

THEIR DISASTROUS SITUATION

THEY RESOLVE TO FORCE A PASSAGE

DIFFICULTIES OF THE ASCENT

DREADFUL SLAUGHTER

MARQUIS OF CADIZ ESCAPES

LOSSES OF THE CHRISTIANS

CHAPTER XI.

WAR OF GRANADA.--GENERAL VIEW OF THE POLICY PURSUED IN THE CONDUCT OF

THIS WAR.

ABDALLAH MARCHES AGAINST THE CHRISTIANS

ILL OMENS

MARCHES ON LUCENA

BATTLE OF LUCENA

CAPTURE OF ABDALLAH

LOSSES OF THE MOORS

MOORISH EMBASSY TO CORDOVA

DEBATES IN THE SPANISH COUNCIL

TREATY WITH ABDALLAH

INTERVIEW BETWEEN THE TWO KINGS

GENERAL POLICY OF THE WAR

INCESSANT HOSTILITIES

DEVASTATING FORAYS

STRENGTH OF THE MOORISH FORTRESSES

DESCRIPTION OF THE PIECES

OF THE KINDS OF AMMUNITION

ROADS FOR THE ARTILLERY

DEFENCES OF THE MOORS

TERMS TO THE VANQUISHED

SUPPLIES FOR THE ARMY

ISABELLA'S CARE OF THE TROOPS

HER PERSEVERANCE IN THE WAR

POLICY TOWARDS THE NOBLES

COMPOSITION OF THE ARMY

SWISS MERCENARIES

THE ENGLISH LORD SCALES

THE QUEEN'S COURTESY

MAGNIFICENCE OF THE NOBLES

THEIR GALLANTRY

ISABELLA VISITS THE CAMP

ROYAL COSTUME

DEVOUT DEMEANOR OF THE SOVEREIGNS

CEREMONIES ON THE OCCUPATION OF A CITY

RELEASE OF CHRISTIAN CAPTIVES

POLICY IN FOMENTING THE MOORISH FACTIONS

CHRISTIAN CONQUESTS

NOTICE OF FERNANDO DEL PULGAR

NOTICE OF ANTONIO DE LEBRIJA

INTRODUCTION.

SECTION I.

VIEW OF THE CASTILIAN MONARCHY BEFORE THE FIFTEENTH CENTURY.

Early History and Constitution of Castile.--Invasion of the Arabs.--Slow

Reconquest of the Country.--Religious Enthusiasm of the Spaniards.--

Influence of their Minstrelsy.--Their Chivalry.--Castilian Towns.--

Cortes.--Its Powers.--Its Boldness.--Wealth of the Cities.--The Nobility.

--Their Privileges and Wealth.--Knights.--Clergy.--Poverty of the Crown.--

Limited Extent of the Prerogative.

For several hundred years after the great Saracen invasion in the

beginning of the eighth century, Spain was broken up into a number of

small but independent states, divided in their interests, and often in

deadly hostility with one another. It was inhabited by races, the most

dissimilar in their origin, religion, and government, the least important

of which has exerted a sensible influence on the character and

institutions of its present inhabitants. At the close of the fifteenth

century, these various races were blended into one great nation, under one

common rule. Its territorial limits were widely extended by discovery and

conquest. Its domestic institutions, and even its literature, were moulded

into the form, which, to a considerable extent, they have maintained to

the present day. It is the object of the present narrative to exhibit the

period in which these momentous results were effected,--the reign of

Ferdinand and Isabella.

By the middle of the fifteenth century, the number of states, into which

the country had been divided, was reduced to four; Castile, Aragon,

Navarre, and the Moorish kingdom of Granada. The last, comprised within

nearly the same limits as the modern province of that name, was all that

remained to the Moslems of their once vast possessions in the Peninsula.

Its concentrated population gave it a degree of strength altogether

disproportioned to the extent of its territory; and the profuse

magnificence of its court, which rivalled that of the ancient caliphs, was

supported by the labors of a sober, industrious people, under whom

agriculture and several of the mechanic arts had reached a degree of

excellence, probably unequalled in any other part of Europe during the

Middle Ages.

The little kingdom of Navarre, embosomed within the Pyrenees, had often

attracted the avarice of neighboring and more powerful states. But, since

their selfish schemes operated as a mutual check upon each other, Navarre

still continued to maintain her independence, when all the smaller states

in the Peninsula had been absorbed in the gradually increasing dominion of

Castile and Aragon.

This latter kingdom comprehended the province of that name, together with

Catalonia and Valencia. Under its auspicious climate and free political

institutions, its inhabitants displayed an uncommon share of intellectual

and moral energy. Its long line of coast opened the way to an extensive

and flourishing commerce; and its enterprising navy indemnified the nation

for the scantiness of its territory at home, by the important foreign

conquests of Sardinia, Sicily, Naples, and the Balearic Isles.

The remaining provinces of Leon, Biscay, the Asturias, Galicia, Old and

New Castile, Estremadura, Murcia, and Andalusia, fell to the crown of

Castile, which, thus extending its sway over an unbroken line of country

from the Bay of Biscay to the Mediterranean, seemed by the magnitude, of

its territory, as well as by its antiquity, (for it was there that the old

Gothic monarchy may be said to have first revived after the great Saracen

invasion,) to be entitled to a pre-eminence over the other states of the

Peninsula. This claim, indeed, appears to have been recognized at an early

period of her history. Aragon did homage to Castile for her territory on

the western bank of the Ebro, until the twelfth century, as did Navarre,

Portugal, and, at a later period, the Moorish kingdom of Granada. [1] And,

when at length the various states of Spain were consolidated into one

monarchy, the capital of Castile became the capital of the new empire, and

her language the language of the court and of literature.

It will facilitate our inquiry into the circumstances which immediately

led to these results, if we briefly glance at the prominent features in

the early history and constitution of the two principal Christian states,

Castile and Aragon, previous to the fifteenth century. [2]

The Visigoths who overran the Peninsula, in the fifth century, brought

with them the same liberal principles of government which distinguished

their Teutonic brethren. Their crown was declared elective by a formal

legislative act. [3] Laws were enacted in the great national councils,

composed of prelates and nobility, and not unfrequently ratified in an

assembly of the people. Their code of jurisprudence, although abounding in

frivolous detail, contained many admirable provisions for the security of

justice; and, in the degree of civil liberty which it accorded to the

Roman inhabitants of the country, far transcended those of most of the

other barbarians of the north. [4] In short, their simple polity exhibited

the germ of some of those institutions, which, with other nations, and

under happier auspices, have formed the basis of a well-regulated

constitutional liberty. [5]

But, while in other countries the principles of a free government were

slowly and gradually unfolded, their development was much accelerated in

Spain by an event, which, at the time, seemed to threaten their total

extinction,--the great Saracen invasion at the beginning of the eighth

century. The religious, as well as the political institutions of the

Arabs, were too dissimilar to those of the conquered nation, to allow the

former to exercise any very sensible influence over the latter in these

particulars. In the Spirit of toleration, which distinguished the early

followers of Mahomet, they conceded to such of the Goths, as were willing

to continue among them after the conquest, the free enjoyment of their

religious, as well as of many of the civil privileges which they possessed

under the ancient monarchy. [6] Under this liberal dispensation it cannot

be doubted, that many preferred remaining in the pleasant regions of their

ancestors, to quitting them for a life of poverty and toil. These,

however, appear to have been chiefly of the lower order; [7] and the men

of higher rank, or of more generous sentiments, who refused to accept a

nominal and precarious independence at the hands of their oppressors,

escaped from the overwhelming inundation into the neighboring countries of

France, Italy, and Britain, or retreated behind those natural fortresses

of the north, the Asturian hills and the Pyrenees, whither the victorious

Saracen disdained to pursue them. [8]

Here the broken remnant of the nation endeavored to revive the forms, at

least, of the ancient government. But it may well be conceived, how

imperfect these must have been under a calamity, which, breaking up all

the artificial distinctions of society, seemed to resolve it at once into

its primitive equality. The monarch, once master of the whole Peninsula,

now beheld his empire contracted to a few barren, inhospitable rocks. The

noble, instead of the broad lands and thronged halls of his ancestors, saw

himself at best but the chief of some wandering horde, seeking a doubtful

subsistence, like himself, by rapine. The peasantry, indeed, may be said

to have gained by the exchange; and, in a situation, in which all

factitious distinctions were of less worth than individual prowess and

efficiency, they rose in political consequence. Even slavery, a sore evil

among the Visigoths, as indeed among all the barbarians of German origin,

though not effaced, lost many of its most revolting features, under the

more generous legislation of later times. [9]

A sensible and salutary influence, at the same time, was exerted on the

moral energies of the nation, which had been corrupted in the long

enjoyment of uninterrupted prosperity. Indeed, so relaxed were the morals

of the court, as well as of the clergy, and so enervated had all classes

become, in the general diffusion of luxury, that some authors have not

scrupled to refer to these causes principally the perdition of the Gothic

monarchy. An entire reformation in these habits was necessarily effected

in a situation, where a scanty subsistence could only be earned by a life

of extreme temperance and toil, and where it was often to be sought, sword

in hand, from an enemy far superior in numbers. Whatever may have been the

vices of the Spaniards, they cannot have been those of effeminate sloth.

Thus a sober, hardy, and independent race was gradually formed, prepared

to assert their ancient inheritance, and to lay the foundations of far

more liberal and equitable forms of government, than were known to their

ancestors.

At first, their progress was slow and almost imperceptible. The Saracens,

indeed, reposing under the sunny skies of Andalusia, so congenial with

their own, seemed willing to relinquish the sterile regions of the north

to an enemy whom they despised. But, when the Spaniards, quitting the

shelter of their mountains, descended into the open plains of Leon and

Castile, they found themselves exposed to the predatory incursions of the

Arab cavalry, who, sweeping over the face of the country, carried off in a

single foray the hard-earned produce of a summer's toil. It was not until

they had reached some natural boundary, as the river Douro, or the chain

of the Guadarrama, that they were enabled, by constructing a line of

fortifications along these primitive bulwarks, to secure their conquests,

and oppose an effectual resistance to the destructive inroads of their

enemies.

Their own dissensions were another cause of their tardy progress. The

numerous petty states, which rose from the ruins of the ancient monarchy,

seemed to regard each other with even a fiercer hatred than that with

which they viewed the enemies of their faith; a circumstance that more

than once brought the nation to the verge of ruin. More Christian blood

was wasted in these national feuds, than in all their encounters with the

infidel. The soldiers of Fernan Gonçalez, a chieftain of the tenth

century, complained that their master made them lead the life of very

devils, keeping them in the harness day and night, in wars, not against

the Saracens, but one another. [10]

These circumstances so far palsied the arm of the Christians, that a

century and a half elapsed after the invasion, before they had penetrated

to the Douro, [11] and nearly thrice that period before they had advanced

the line of conquest to the Tagus, [12] notwithstanding this portion of

the country had been comparatively deserted by the Mahometans. But it was

easy to foresee that a people, living, as they did, under circumstances so

well adapted to the development of both physical and moral energy, must

ultimately prevail over a nation oppressed by despotism, and the

effeminate indulgence, to which it was naturally disposed by a sensual

religion and a voluptuous climate. In truth, the early Spaniard was urged

by every motive that can give efficacy to human purpose. Pent up in his

barren mountains, he beheld the pleasant valleys and fruitful vineyards of

his ancestors delivered over to the spoiler, the holy places polluted by

his abominable rites, and the crescent glittering on the domes, which were

once consecrated by the venerated symbol of his faith. His cause became

the cause of Heaven. The church published her bulls of crusade, offering

liberal indulgences to those who served, and Paradise to those who fell in

battle, against the infidel. The ancient Castilian was remarkable for his

independent resistance of papal encroachment; but the peculiarity of his

situation subjected him in an uncommon degree to ecclesiastical influence

at home. Priests mingled in the council and the camp, and, arrayed in

their sacerdotal robes, not unfrequently led the armies to battle. [13]

They interpreted the will of Heaven as mysteriously revealed in dreams and

visions. Miracles were a familiar occurrence. The violated tombs of the

saints sent forth thunders and lightnings to consume the invaders; and,

when the Christians fainted in the fight, the apparition of their patron,

St. James, mounted on a milk-white steed, and bearing aloft the banner of

the cross, was seen hovering in the air, to rally their broken squadrons,

and lead them on to victory. [14] Thus the Spaniard looked upon himself as

in a peculiar manner the care of Providence. For him the laws of nature

were suspended. He was a soldier of the Cross, fighting not only for his

country, but for Christendom. Indeed, volunteers from the remotest parts

of Christendom eagerly thronged to serve under his banner; and the cause

of religion was debated with the same ardor in Spain, as on the plains of

Palestine. [15] Hence the national character became exalted by a religious

fervor, which in later days, alas! settled into a fierce fanaticism. Hence

that solicitude for the purity of the faith, the peculiar boast of the

Spaniards, and that deep tinge of superstition, for which they have ever

been distinguished above the other nations of Europe.

The long wars with the Mahometans served to keep alive in their bosoms the

ardent glow of patriotism; and this was still further heightened by the

body of traditional minstrelsy, which commemorated in these wars the

heroic deeds of their ancestors. The influence of such popular

compositions on a simple people is undeniable. A sagacious critic ventures

to pronounce the poems of Homer the principal bond which united the

Grecian states. [16] Such an opinion may be deemed somewhat extravagant.

It cannot be doubted, however, that a poem like that of the "Cid," which

appeared as early as the twelfth century, [17] by calling up the most

inspiring national recollections in connection with their favorite hero,

must have operated powerfully on the moral sensibilities of the people.

It is pleasing to observe, in the cordial spirit of these early effusions,

little of the ferocious bigotry which sullied the character of the nation

in after ages. [18] The Mahometans of this period far excelled their

enemies in general refinement, and had carried some branches of

intellectual culture to a height scarcely surpassed by Europeans in later

times. The Christians, therefore, notwithstanding their political aversion

to the Saracens, conceded to them a degree of respect, which subsided into

feelings of a very different complexion, as they themselves rose in the

scale of civilization. This sentiment of respect tempered the ferocity of

a warfare, which, although sufficiently disastrous in its details, affords

examples of a generous courtesy, that would do honor to the politest ages

of Europe. [19] The Spanish Arabs were accomplished in all knightly

exercises, and their natural fondness for magnificence, which shed a

lustre over the rugged features of chivalry, easily communicated itself to

the Christian cavaliers. In the intervals of peace, these latter

frequented the courts of the Moorish princes, and mingled with their

adversaries in the comparatively peaceful pleasures of the tourney, as in

war they vied with them in feats of Quixotic gallantry. [20]

The nature of this warfare between two nations, inhabitants of the same

country, yet so dissimilar in their religious and social institutions as

to be almost the natural enemies of each other, was extremely favorable to

the exhibition of the characteristic virtues of chivalry. The contiguity

of the hostile parties afforded abundant opportunities for personal

rencounter and bold romantic enterprise. Each nation had its regular

military associations, who swore to devote their lives to the service of

God and their country, in perpetual war against the _infidel_ [21] The

Spanish knight became the true hero of romance, wandering over his own

land, and even into the remotest climes, in quest of adventures; and, as

late as the fifteenth century, we find him in the courts of England and

Burgundy, doing battle in honor of his mistress, and challenging general

admiration by his uncommon personal intrepidity. [22] This romantic spirit

lingered in Castile, long after the age of chivalry had become extinct in

other parts of Europe, continuing to nourish itself on those illusions of

fancy, which were at length dispelled by the caustic satire of Cervantes.

Thus patriotism, religious loyalty, and a proud sense of independence,

founded on the consciousness of owing their possessions to their personal

valor, became characteristic traits of the Castilians previously to the

sixteenth century, when the oppressive policy and fanaticism of the

Austrian dynasty contrived to throw into the shade these generous virtues.

Glimpses of them, however, might long be discerned in the haughty bearing

of the Castilian noble, and in that erect, high-minded peasantry, whom

oppression has not yet been able wholly to subdue. [23]

To the extraordinary position, in which the nation was placed, may also be

referred the liberal forms of its political institutions, as well as a

more early development of them than took place in other countries of

Europe. From the exposure of the Castilian towns to the predatory

incursions of the Arabs, it became necessary, not only that they should be

strongly fortified, but that every citizen should be trained to bear arms

in their defence. An immense increase of consequence was given to the

burgesses, who thus constituted the most effective part of the national

militia. To this circumstance, as well as to the policy of inviting the

settlement of frontier places by the grant of extraordinary privileges to

the inhabitants, is to be imputed the early date, as well as liberal

character, of the charters of community in Castile and Leon. [24] These,

although varying a good deal in their details, generally conceded to the

citizens the right of electing their own magistrates for the regulation of

municipal affairs. Judges were appointed by this body for the

administration of civil and criminal law, subject to an appeal to the

royal tribunal. No person could be affected in life or property, except by

a decision of this municipal court; and no cause while pending before it

could be evoked thence into the superior tribunal. In order to secure the

barriers of justice more effectually against the violence of power, so

often superior to law in an imperfect state of society, it was provided in

many of the charters that no nobles should be permitted to acquire real

property within the limits of the community; that no fortress or palace

should be erected by them there; that such as might reside within its

territory, should be subject to its jurisdiction; and that any violence,

offered by them to its inhabitants, might be forcibly resisted with

impunity. Ample and inalienable funds were provided for the maintenance of

the municipal functionaries, and for other public expenses. A large extent

of circumjacent country, embracing frequently many towns and villages, was

annexed to each city with the right of jurisdiction over it. All arbitrary

tallages were commuted for a certain fixed and moderate rent. An officer

was appointed by the crown to reside within each community, whose province

it was to superintend the collection of this tribute, to maintain public

order, and to be associated with the magistrates of each city in the

command of the forces it was bound to contribute towards the national

defence. Thus while the inhabitants of the great towns in other parts of

Europe were languishing in feudal servitude, the members of the Castilian

corporations, living under the protection of their own laws and

magistrates in time of peace, and commanded by their own officers in war,

were in full enjoyment of all the essential rights and privileges of

freemen. [25]

It is true, that they were often convulsed by intestine feuds; that the

laws were often loosely administered by incompetent judges; and that the

exercise of so many important prerogatives of independent states inspired

them with feelings of independence, which led to mutual rivalry, and

sometimes to open collision. But with all this, long after similar

immunities in the free cities of other countries, as Italy for example,

[26] had been sacrificed to the violence of faction or the lust of power,

those of the Castilian cities not only remained unimpaired, but seemed to

acquire additional stability with age. This circumstance is chiefly

imputable to the constancy of the national legislature, which, until the

voice of liberty was stifled by a military despotism, was ever ready to

interpose its protecting arm in defence of constitutional rights.

The earliest instance on record of popular representation in Castile

occurred at Burgos, in 1169; [27] nearly a century antecedent to the

celebrated Leicester parliament. Each city had but one vote, whatever

might be the number of its representatives. A much greater irregularity,

in regard to the number of cities required to send deputies to cortes on

different occasions, prevailed in Castile, than ever existed in England;

[28] though, previously to the fifteenth century, this does not seem to

have proceeded from any design of infringing on the liberties of the

people. The nomination of these was originally vested in the householders

at large, but was afterwards confined to the municipalities; a most

mischievous alteration, which subjected their election eventually to the

corrupt influence of the crown. [29] They assembled in the same chamber

with the higher orders of the nobility and clergy; but, on questions of

moment, retired to deliberate by themselves. [30] After the transaction of

other business, their own petitions were presented to the sovereign, and

his assent gave them the validity of laws. The Castilian commons, by

neglecting to make their money grants depend on correspondent concessions

from the crown, relinquished that powerful check on its operations so

beneficially exerted in the British parliament, but in vain contended for

even there, till a much later period than that now under consideration.

Whatever may have been the right of the nobility and clergy to attend in

cortes, their sanction was not deemed essential to the validity of

legislative acts; [31] for their presence was not even required in many

assemblies of the nation which occurred in the fourteenth and fifteenth

centuries. [32] The extraordinary power thus committed to the commons was,

on the whole, unfavorable to their liberties. It deprived them of the

sympathy and co-operation of the great orders of the state, whose

authority alone could have enabled them to withstand the encroachments of

arbitrary power, and who, in fact, did eventually desert them in their

utmost need. [33]

But, notwithstanding these defects, the popular branch of the Castilian

cortes, very soon after its admission into that body, assumed functions

and exercised a degree of power on the whole superior to that enjoyed by

it in other European legislatures. It was soon recognized as a fundamental

principle of the constitution, that no tax could be imposed without its

consent; [34] and an express enactment to this effect was suffered to

remain on the statute book, after it had become a dead letter, as if to

remind the nation of the liberties it had lost. [35] The commons showed a

wise solicitude in regard to the mode of collecting the public revenue,

oftentimes more onerous to the subject than the tax itself. They watched

carefully over its appropriation to its destined uses. They restrained a

too prodigal expenditure, and ventured more than once to regulate the

economy of the royal household. [36] They kept a vigilant eye on the

conduct of public officers, as well as on the right administration of

justice, and commissions were appointed at their suggestion for inquiring

into its abuses. They entered into negotiation for alliances with foreign

powers, and, by determining the amount of supplies for the maintenance of

troops in time of war, preserved a salutary check over military

operations. [37] The nomination of regencies was subject to their

approbation, and they defined the nature of the authority to be entrusted

to them. Their consent was esteemed indispensable to the validity of a

title to the crown, and this prerogative, or at least the image of it, has

continued to survive the wreck of their ancient liberties. [38] Finally,

they more than once set aside the testamentary provisions of the

sovereigns in regard to the succession. [39]

Without going further into detail, enough has been said to show the high

powers claimed by the commons, previously to the fifteenth century, which,

instead of being confined to ordinary subjects of legislation, seem, in

some instances, to have reached to the executive duties of the

administration. It would, indeed, show but little acquaintance with the

social condition of the Middle Ages, to suppose that the practical

exercise of these powers always corresponded with their theory. We trace

repeated instances, it is true, in which they were claimed and

successfully exerted; while, on the other hand, the multiplicity of

remedial statutes proves too plainly how often the rights of the people

were invaded by the violence of the privileged orders, or the more artful

and systematic usurpations of the crown. But, far from being intimidated

by such acts, the representatives in cortes were ever ready to stand

forward as the intrepid advocates of constitutional freedom; and the

unqualified boldness of their language on such occasions, and the

consequent concessions of the sovereign, are satisfactory evidence of the

real extent of their power, and show how cordially they must have been

supported by public opinion.

It would be improper to pass by without notice an anomalous institution

peculiar to Castile, which sought to secure the public tranquillity by

means scarcely compatible themselves with civil subordination. I refer to

the celebrated _Hermandad_, or Holy Brotherhood, as the association was

sometimes called, a name familiar to most readers in the lively fictions

of Le Sage, though conveying there no very adequate idea of the

extraordinary functions which it assumed at the period under review.

Instead of a regularly organized police, it then consisted of a

confederation of the principal cities bound together by solemn league and

covenant, for the defence of their liberties in seasons of civil anarchy.

Its affairs were conducted by deputies, who assembled at stated intervals

for this purpose, transacting their business under a common seal, enacting

laws which they were careful to transmit to the nobles and even the

sovereign himself, and enforcing their measures by an armed force. This

wild kind of justice, so characteristic of an unsettled state of society,

repeatedly received the legislative sanction; and, however formidable such

a popular engine may have appeared to the eye of the monarch, he was often

led to countenance it by a sense of his own impotence, as well as of the

overweening power of the nobles, against whom it was principally directed.

Hence these associations, although the epithet may seem somewhat

overstrained, have received the appellation of "cortès extraordinary."

[40]

With these immunities, the cities of Castile attained a degree of opulence

and splendor unrivalled, unless in Italy, during the middle ages. At a

very early period, indeed, their contact with the Arabs had familiarized

them with a better system of agriculture, and a dexterity in the mechanic

arts unknown in other parts of Christendom. [41]

On the occupation of a conquered town, we find it distributed into

quarters or districts, appropriated to the several crafts, whose members

were incorporated into guilds, under the regulation of magistrates and by-

laws of their own appointment. Instead of the unworthy disrepute, into

which the more humble occupations have since fallen in Spain, they were

fostered by a liberal patronage, and their professors in some instances

elevated to the rank of knighthood. [42] The excellent breed of sheep,

which early became the subject of legislative solicitude, furnished them

with an important staple which, together with the simpler manufactures and

the various products of a prolific soil, formed the materials of a

profitable commerce. [43] Augmentation of wealth brought with it the usual

appetite for expensive pleasures; and the popular diffusion of luxury in

the fourteenth and fifteenth centuries is attested by the fashionable

invective of the satirist, and by the impotence of repeated sumptuary

enactments. [44] Much of this superfluous wealth, however, was expended on

the construction of useful public works. Cities, from which the nobles had

once been so jealously excluded, came now to be their favorite residence.

[45] But, while their sumptuous edifices and splendid retinues dazzled the

eyes of the peaceful burghers, their turbulent spirit was preparing the

way for those dismal scenes of faction, which convulsed the little

commonwealths to their centre during the latter half of the fifteenth

century.

The flourishing condition of the communities gave their representatives a

proportional increase of importance in the national assembly. The

liberties of the people seemed to take deeper root in the midst of those

political convulsions, so frequent in Castile, which unsettled the ancient

prerogatives of the crown. Every new revolution was followed by new

concessions on the part of the sovereign, and the popular authority

continued to advance with a steady progress until the accession of Henry

the Third, of Trastamara, in 1393, when it may be said to have reached its

zenith. A disputed title and a disastrous war compelled the father of this

prince, John the First, to treat the commons with a deference unknown to

his predecessors. We find four of their number admitted into his privy

council, and six associated in the regency, to which he confided the

government of the kingdom during his son's minority. [46] A remarkable

fact, which occurred in this reign, showing the important advances made by

the commons in political estimation, was the substitution of the sons of

burgesses for an equal number of those of the nobility, who were

stipulated to be delivered as hostages for the fulfilment of a treaty with

Portugal, in 1393. [47] There will be occasion to notice, in the first

chapter of this History, some of the circumstances, which, contributing to

undermine the power of the commons, prepared the way for the eventual

subversion of the constitution.

The peculiar situation of Castile, which had been so favorable to popular

rights, was eminently so to those of the aristocracy. The nobles, embarked

with their sovereign in the same common enterprise of rescuing their

ancient patrimony from its invaders, felt entitled to divide with him the

spoils of victory. Issuing forth, at the head of their own retainers, from

their strong-holds or castles, (the great number of which was originally

implied in the name of the country,) [48] they were continually enlarging

the circuit of their territories, with no other assistance than that of

their own good swords. [49] This independent mode of effecting their

conquests would appear unfavorable to the introduction of the feudal

system, which, although its existence in Castile is clearly ascertained,

by positive law, as well as usage, never prevailed to anything like the

same extent as it did in the sister kingdom of Aragon, and other parts of

Europe. [50]

The higher nobility, or _ricos hombres_, were exempted from general

taxation, and the occasional attempt to infringe on this privilege in

seasons of great public emergency, was uniformly repelled by this jealous

body. [51] They could not be imprisoned for debt; nor be subjected to

torture, so repeatedly sanctioned in other cases by the municipal law of

Castile. They had the right of deciding their private feuds by an appeal

to arms; a right of which they liberally availed themselves. [52] They

also claimed the privilege, when aggrieved, of denaturalizing themselves,

or, in other words, of publicly renouncing their allegiance to their

sovereign, and of enlisting under the banners of his enemy. [53] The

number of petty states, which swarmed over the Peninsula, afforded ample

opportunity for the exercise of this disorganizing prerogative. The Laras

are particularly noticed by Mariana, as having a "great relish for

rebellion," and the Castros as being much in the habit of going over to

the Moors. [54] They assumed the license of arraying themselves in armed

confederacy against the monarch, on any occasion of popular disgust, and

they solemnized the act by the most imposing ceremonials of religion. [55]

Their rights of jurisdiction, derived to them, it would seem, originally

from royal grant, [56] were in a great measure defeated by the liberal

charters of incorporation, which, in imitation of the sovereign, they

conceded to their vassals, as well as by the gradual encroachment of the

royal judicatures. [57] In virtue of their birth they monopolized all the

higher offices of state, as those of constable and admiral of Castile,

_adelantados_ or governors of the provinces, cities, etc. [58] They

secured to themselves the grand-masterships of the military orders, which

placed at their disposal an immense amount of revenue and patronage.

Finally, they entered into the royal or privy council, and formed a

constituent portion of the national legislature.

These important prerogatives were of course favorable to the accumulation

of great wealth. Their estates were scattered over every part of the

kingdom, and, unlike the grandees of Spain at the present day, [59] they

resided on them in person, maintaining the state of petty sovereigns, and

surrounded by a numerous retinue, who served the purposes of a pageant in

time of peace, and an efficient military force in war. The demesnes of

John, lord of Biscay, confiscated by Alfonso the Eleventh to the use of

the crown, in 1327, amounted to more than eighty towns and castles. [60]

The "good constable" Davalos, in the time of Henry the Third, could ride

through his own estates all the way from Seville to Compostella, almost

the two extremities of the kingdom. [61] Alvaro de Luna, the powerful

favorite of John the Second, could muster twenty thousand vassals. [62] A

contemporary, who gives a catalogue of the annual rents of the principal

Castilian nobility at the close of the fifteenth or beginning of the

following century, computes several at fifty and sixty thousand ducats a

year, [63] an immense income, if we take into consideration the value of

money in that age. The same writer estimates their united revenues as

equal to one-third of those in the whole kingdom. [64]

These ambitious nobles did not consume their fortunes, or their energies

in a life of effeminate luxury. From their earliest boyhood they were

accustomed to serve in the ranks against the infidel, [65] and their whole

subsequent lives were occupied either with war, or with those martial

exercises which reflect the image of it. Looking back with pride to their

ancient Gothic descent, and to those times, when they had stood forward as

the peers, the electors of their sovereign, they could ill brook the

slightest indignity at his hand. [66] With these haughty feelings and

martial habits, and this enormous assumption of power, it may readily be

conceived that they would not suffer the anarchical provisions of the

constitution, which seemed to concede an almost unlimited license of

rebellion, to remain a dead letter. Accordingly, we find them perpetually

convulsing the kingdom with their schemes of selfish aggrandizement. The

petitions of the commons are filled with remonstrances on their various

oppressions, and the evils resulting from their long, desolating feuds. So

that, notwithstanding the liberal forms of its constitution, there was

probably no country in Europe, during the Middle Ages, so sorely afflicted

with the vices of intestine anarchy, as Castile. These were still further

aggravated by the improvident donations of the monarch to the aristocracy,

in the vain hope of conciliating their attachment, but which swelled their

already overgrown power to such a height, that, by the middle of the

fifteenth century, it not only overshadowed that of the throne, but

threatened to subvert the liberties of the state.

Their self-confidence, however, proved eventually their ruin. They

disdained a co-operation with the lower orders in defence of their

privileges, and relied too unhesitatingly on their power as a body, to

feel jealous of their exclusion from the national legislature, where alone

they could have made an effectual stand against the usurpations of the

crown.--The course of this work will bring under review the dexterous

policy, by which the crown contrived to strip the aristocracy of its

substantial privileges, and prepared the way for the period, when it

should retain possession only of a few barren though ostentatious

dignities. [67]

The inferior orders of nobility, the _hidalgos_, (whose dignity, like

that of the _ricos hombres_, would seem, as their name imports, to

have been originally founded on wealth,) [68] and the _cavalleros_, or

knights, enjoyed many of the immunities of the higher class, especially

that of exemption from taxation. [69] Knighthood appears to have been

regarded with especial favor by the law of Castile. Its ample privileges

and its duties are defined with a precision and in a spirit of romance,

that might have served for the court of King Arthur. [70] Spain was indeed

the land of chivalry. The respect for the sex, which had descended from

the Visigoths, [71] was mingled with the religious enthusiasm, which had

been kindled in the long wars with the infidel. The apotheosis of

chivalry, in the person of their apostle and patron, St. James, [72]

contributed still further to this exaltation of sentiment, which was

maintained by the various military orders, who devoted themselves, in the

bold language of the age, to the service "of God and the ladies." So that

the Spaniard may be said to have put in action what, in other countries,

passed for the extravagances of the minstrel. An example of this occurs in

the fifteenth century, when a passage of arms was defended at Orbigo, not

far from the shrine of Compostella, by a Castilian knight, named Sueño de

Quenones, and his nine companions, against all comers, in the presence of

John the Second and his court. Its object was to release the knight from

the obligation, imposed on him by his mistress, of publicly wearing an

iron collar round his neck every Thursday. The jousts continued for thirty

days, and the doughty champions fought without shield or target, with

weapons bearing points of Milan steel. Six hundred and twenty-seven

encounters took place, and one hundred and sixty-six lances were broken,

when the emprise was declared to be fairly achieved. The whole affair is

narrated with becoming gravity by an eye-witness, and the reader may fancy

himself perusing the adventures of a Launcelot or an Amadis. [73]

The influence of the ecclesiastics in Spain may be traced back to the age

of the Visigoths, when they controlled the affairs of the state in the

great national councils of Toledo. This influence was maintained by the

extraordinary position of the nation after the conquest. The holy warfare,

in which it was embarked, seemed to require the co-operation of the

clergy, to propitiate Heaven in its behalf, to interpret its mysterious

omens, and to move all the machinery of miracles, by which the imagination

is so powerfully affected in a rude and superstitious age. They even

condescended, in imitation of their patron saint, to mingle in the ranks,

and, with the crucifix in their hands, to lead the soldiers on to battle.

Examples of these militant prelates are to be found in Spain so late as

the sixteenth century. [74]

But, while the native ecclesiastics obtained such complete ascendency over

the popular mind, the Roman See could boast of less influence in Spain

than in any other country in Europe. The Gothic liturgy was alone

received, as canonical until the eleventh century; [75] and, until the

twelfth, the sovereign held the right of jurisdiction over all

ecclesiastical causes, of collating to benefices, or at least of

confirming or annulling the election of the chapters. The code of Alfonso

the Tenth, however, which borrowed its principles of jurisprudence from

the civil and canon law, completed a revolution already begun, and

transferred these important prerogatives to the pope, who now succeeded in

establishing a usurpation over ecclesiastical rights in Castile, similar

to that which had been before effected in other parts of Christendom. Some

of these abuses, as that of the nomination of foreigners to benefices,

were carried to such an impudent height, as repeatedly provoked the

indignant remonstrances of the cortes. The ecclesiastics, eager to

indemnify themselves for what they had sacrificed to Rome, were more than

ever solicitous to assert their independence of the royal jurisdiction.

They particularly insisted on their immunity from taxation, and were even

reluctant to divide with the laity the necessary burdens of a war, which,

from its sacred character, would seem to have imperative claims on them.

[76]

Notwithstanding the immediate dependence thus established on the head of

the church by the legislation of Alfonso the Tenth, the general immunities

secured by it to the ecclesiastics operated as a powerful bounty on their

increase; and the mendicant orders in particular, that spiritual militia

of the popes, were multiplied over the country to an alarming extent. Many

of their members were not only incompetent to the duties of their

profession, being without the least tincture of liberal culture, but fixed

a deep stain on it by the careless laxity of their morals. Open

concubinage was familiarly practised by the clergy, as well as laity, of

the period; and, so far from being reprobated by the law of the land,

seems anciently to have been countenanced by it. [77] This moral

insensibility may probably be referred to the contagious example of their

Mahometan neighbors; but, from whatever source derived, the practice was

indulged to such a shameless extent, that, as the nation advanced in

refinement, in the fourteenth and fifteenth centuries, it became the

subject of frequent legislative enactments, in which the concubines of the

clergy are described as causing general scandal by their lawless

effrontery and ostentatious magnificence of apparel. [78]

Notwithstanding this prevalent licentiousness of the Spanish

ecclesiastics, their influence became every day more widely extended,

while this ascendency, for which they were particularly indebted in that

rude age to their superior learning and capacity, was perpetuated by their

enormous acquisitions of wealth. Scarcely a town was reconquered from the

Moors, without a considerable portion of its territory being appropriated

to the support of some ancient, or the foundation of some new, religious

establishment. These were the common reservoir, into which flowed the

copious streams of private as well as royal bounty; and, when the

consequences of these alienations in mortmain came to be visible in the

impoverishment of the public revenue, every attempt at legislative

interference was in a great measure defeated by the piety or superstition

of the age. The abbess of the monastery of Huelgas, which was situated

within the precincts of Burgos, and contained within its walls one hundred

and fifty nuns of the noblest families in Castile, exercised jurisdiction

ever fourteen capital towns, and more than fifty smaller places; and she

was accounted inferior to the queen only in dignity. [79] The archbishop

of Toledo, by virtue of his office primate of Spain and grand chancellor

of Castile, was esteemed, after the pope, the highest ecclesiastical

dignitary in Christendom. His revenues, at the close of the fifteenth

century, exceeded eighty thousand ducats; while the gross amount of those

of the subordinate beneficiaries of his church rose to one hundred and

eighty thousand. He could muster a greater number of vassals than any

other subject in the kingdom, and held jurisdiction over fifteen large and

populous towns, besides a great number of inferior places. [80]

These princely funds, when intrusted to pious prelates, were munificently

dispensed in useful public works, and especially in the foundation of

eleemosynary institutions, with which every great city in Castile was

liberally supplied. [81] But, in the hands of worldly men, they were

perverted from these noble uses to the gratification of personal vanity,

or the disorganizing schemes of faction. The moral perceptions of the

people, in the mean time, were confused by the visible demeanor of a

hierarchy, so repugnant to the natural conceptions of religious duty. They

learned to attach an exclusive value to external rites, to the forms

rather than the spirit of Christianity; estimating the piety of men by

their speculative opinions, rather than their practical conduct.--The

ancient Spaniards, notwithstanding their prevalent superstition, were

untinctured with the fiercer religious bigotry of later times; and the

uncharitable temper of their priests, occasionally disclosed in the heats

of religious war, was controlled by public opinion, which accorded a high

degree of respect to the intellectual, as well as political superiority of

the Arabs. But the time was now coming when these ancient barriers were to

be broken down; when a difference of religious sentiment was to dissolve

all the ties of human brotherhood; when uniformity of faith was to be

purchased by the sacrifice of any rights, even those of intellectual

freedom; when, in fine, the Christian and the Mussulman, the oppressor and

the oppressed, were to be alike bowed down under the strong arm of

ecclesiastical tyranny. The means by which a revolution so disastrous to

Spain was effected, as well as the incipient stages of its progress, are

topics that fall within the scope of the present history.

From the preceding survey of the constitutional privileges enjoyed by the

different orders of the Castilian monarchy, previous to the fifteenth

century, it is evident that the royal authority must have been

circumscribed within very narrow limits. The numerous states, into which

the great Gothic empire was broken after the conquest, were individually

too insignificant to confer on their respective sovereigns the possession

of extensive power, or even to authorize their assumption of that state,

by which, it is supported in the eyes of the vulgar. When some more

fortunate prince, by conquest or alliance, had enlarged the circle of his

dominions, and thus in some measure remedied the evil, it was sure to

recur upon his death, by the subdivision of his estates among his

children. This mischievous practice was even countenanced by public

opinion; for the different districts of the country, in their habitual

independence of each other, acquired an exclusiveness of feeling, which

made it difficult for them ever cordially to coalesce; and traces of this

early repugnance to each other are to be discerned in the mutual

jealousies and local peculiarities which still distinguish the different

sections of the Peninsula, after their consolidation into one monarchy for

more than three centuries.

The election to the crown, although no longer vested in the hands of the

national assembly, as with the Visigoths, was yet subject to its

approbation. The title of the heir apparent was formerly recognized by a

cortes convoked for the purpose; and, on the demise of his parent, the new

sovereign again convened the estates to receive their oath of allegiance,

which they cautiously withheld until he had first sworn to preserve

inviolate the liberties of the constitution. Nor was this a merely nominal

privilege, as was evinced on more than one memorable occasion. [82]

We have seen, in our review of the popular branch of the government, how

closely its authority pressed even on the executive functions of the

administration. The monarch was still further controlled, in this

department, by his Royal or Privy Council, consisting of the chief

nobility and great officers of state, to which, in later times, a

deputation of the commons was sometimes added. [83] This body, together

with the king, had cognizance of the most important public transactions,

whether of a civil, military, or diplomatic nature. It was established by

positive enactment, that the prince, without its consent, had no right to

alienate the royal demesne, to confer pensions beyond a very limited

amount, or to nominate to vacant benefices. [84] His legislative powers

were to be exercised in concurrence with the cortes; [85] and, in the

judicial department, his authority, during the latter part of the period

under review, seems to have been chiefly exercised in the selection of

officers for the higher judicatures, from a list of candidates presented

to him on a vacancy by their members concurrently with his privy council.

[86]

The scantiness of the king's revenue corresponded with that of his

constitutional authority. By an ancient law, indeed, of similar tenor with

one familiar to the Saracens, the sovereign was entitled to a fifth of the

spoils of victory. [87] This, in the course of the long wars with the

Moslems, would have secured him more ample possessions than were enjoyed

by any prince in Christendom. But several circumstances concurred to

prevent it.

The long minorities, with which Castile was afflicted perhaps more than

any country in Europe, frequently threw the government into the hands of

the principal nobility, who perverted to their own emoluments the high

powers intrusted to them. They usurped the possessions of the crown, and

invaded some of its most valuable privileges; so that the sovereign's

subsequent life was often consumed in fruitless attempts to repair the

losses of his minority. He sometimes, indeed, in the impotence of other

resources, resorted to such unhappy expedients as treachery and

assassination. [88] A pleasant tale is told by the Spanish historians, of

the more innocent device of Henry the Third, for the recovery of the

estates extorted from the crown by the rapacious nobles during his

minority.

Returning home late one evening, fatigued and half famished, from a

hunting expedition, he was chagrined to find no refreshment prepared for

him, and still more so, to learn from his steward, that he had neither

money nor credit to purchase it. The day's sport, however, fortunately

furnished the means of appeasing the royal appetite; and, while this was

in progress, the steward took occasion to contrast the indigent condition

of the king with that of his nobles, who habitually indulged in the most

expensive entertainments, and were that very evening feasting with the

archbishop of Toledo. The prince, suppressing his indignation, determined,

like the far-famed caliph in the "Arabian Nights," to inspect the affair

in person, and, assuming a disguise, introduced himself privately into the

archbishop's palace, where he witnessed with his own eyes the prodigal

magnificence of the banquet, teeming with costly wines and the most

luxurious viands.

The next day he caused a rumor to be circulated through the court, that he

had fallen suddenly and dangerously ill. The courtiers, at these tidings,

thronged to the palace; and, when they had all assembled, the king made

his appearance among them, bearing his naked sword in his hand, and, with

an aspect of unusual severity, seated himself on his throne at the upper

extremity of the apartment.

After an interval of silence in the astonished assembly, the monarch,

addressing himself to the primate, inquired of him, "How many sovereigns

he had known in Castile?" The prelate answering four, Henry put the same

question to the duke of Benevente, and so on to the other courtiers in

succession. None of them, however, having answered more than five, "How is

this," said the prince, "that you, who are so old, should have known so

few, while I, young as I am, have beheld more than twenty! Yes," continued

he, raising his voice, to the astonished multitude, "you are the real

sovereigns of Castile, enjoying all the rights and revenues of royalty,

while I, stripped of my patrimony, have scarcely wherewithal to procure

the necessaries of life." Then giving a concerted signal, his guards

entered the apartment, followed by the public executioner bearing along

with him the implements of death. The dismayed nobles, not relishing the

turn the jest appeared likely to take, fell on their knees before the

monarch and besought his forgiveness, promising, in requital, complete

restitution of the fruits of their rapacity. Henry, content with having so

cheaply gained his point, allowed himself to soften at their entreaties,

taking care, however, to detain their persons as security for their

engagements, until such time as the rents, royal fortresses, and whatever

effects had been filched from the crown, were restored. The story,

although repeated by the gravest Castilian writers, wears, it must be

owned, a marvellous tinge of romance. But, whether fact, or founded on it,

it may serve to show the dilapidated condition of the revenues at the

beginning of the fourteenth century, and its immediate causes. [89]

Another circumstance, which contributed to impoverish the exchequer, was

the occasional political revolutions in Castile, in which the adhesion of

a faction was to be purchased only by the most ample concessions of the

crown.--Such was the violent revolution, which placed the House of

Trastamara on the throne, in the middle of the fourteenth century.

But perhaps a more operative cause, than all these, of the alleged evil,

was the conduct of those imbecile princes, who, with heedless prodigality,

squandered the public resources on their own personal pleasures and

unworthy minions. The disastrous reigns of John the Second and Henry the

Fourth, extending over the greater portion of the fifteenth century,

furnish pertinent examples of this. It was not unusual, indeed, for the

cortes, interposing its paternal authority, by passing an act for the

partial resumption of grants thus illegally made, in some degree to repair

the broken condition of the finances. Nor was such a resumption unfair to

the actual proprietors. The promise to maintain the integrity of the royal

demesnes formed an essential part of the coronation oath of every

sovereign; and the subject, on whom he afterwards conferred them, knew

well by what a precarious, illicit tenure he was to hold them.

From the view which has been presented of the Castilian constitution at

the beginning of the fifteenth century, it is apparent, that the sovereign

was possessed of less power, and the people of greater, than in other

European monarchies at that period. It must be owned, however, as before

intimated, that the practical operation did not always correspond with the

theory of their respective functions in these rude times; and that the

powers of the executive, being susceptible of greater compactness and

energy in their movements, than could possibly belong to those of more

complex bodies, were sufficiently strong in the hands of a resolute

prince, to break down the comparatively feeble barriers of the law.

Neither were the relative privileges, assigned to the different orders of

the state, equitably adjusted. Those of the aristocracy were indefinite

and exorbitant. The license of armed combinations too, so freely assumed

both by this order and the commons, although operating as a safety-valve

for the escape of the effervescing spirit of the age, was itself obviously

repugnant to all principles of civil obedience, and exposed the state to

evils scarcely less disastrous than those which it was intended to

prevent.

It was apparent, that, notwithstanding the magnitude of the powers

conceded to the nobility and the commons, there were important defects,

which prevented them from resting on any sound and permanent basis. The

representation of the people in cortes, instead of partially emanating, as

in England, from an independent body of landed proprietors, constituting

the real strength of the nation, proceeded exclusively from the cities,

whose elections were much more open to popular caprice and ministerial

corruption, and whose numerous local jealousies prevented them from acting

in cordial co-operation. The nobles, notwithstanding their occasional

coalitions, were often arrayed in feuds against each other. They relied,

for the defence of their privileges, solely on their physical strength,

and heartily disdained, in any emergency, to support their own cause by

identifying it with that of the commons. Hence, it became obvious, that

the monarch, who, notwithstanding his limited prerogative, assumed the

anomalous privilege of transacting public business with the advice of only

one branch of the legislature, and of occasionally dispensing altogether

with the attendance of the other, might, by throwing his own influence

into the scale, give the preponderance to whichever party he should

prefer; and, by thus dexterously availing himself of their opposite

forces, erect his own authority on the ruins of the weaker.--How far and

how successfully this policy was pursued by Ferdinand and Isabella, will

be seen in the course of this History.

* * * * *

Notwithstanding the general diligence of the Spanish historians, they have

done little towards the investigation of the constitutional antiquities of

Castile, until the present century. Dr. Geddes's meagre notice of the

cortes preceded probably, by a long interval, any native work upon that

subject. Robertson frequently complains of the total deficiency of

authentic sources of information respecting the laws and government of

Castile; a circumstance, that suggests to a candid mind an obvious

explanation of several errors, into which he has fallen. Capmany, in the

preface to a work, compiled by order of the central junta in Seville, in

1809, on the ancient organization of the cortes in the different states of

the Peninsula, remarks, that "no author has appeared, down to the present

day, to instruct us in regard to the origin, constitution, and celebration

of the Castilian cortes, on all which topics there remains the most

profound ignorance." The melancholy results to which such an investigation

must necessarily lead, from the contrast it suggests of existing

institutions to the freer forms of antiquity, might well have deterred the

modern Spaniard from these inquiries; which, moreover, it can hardly be

supposed, would have received the countenance of government. The brief

interval, however, in the early part of the present century, when the

nation so ineffectually struggled to resume its ancient liberties, gave

birth to two productions, which have gone far to supply the

_desiderata_ in this department. I allude to the valuable works of

Marina, on the early legislation, and on the cortes, of Castile, to which

repeated reference has been made in this section. The latter, especially,

presents us with a full exposition of the appropriate functions assigned

to the several departments of government, and with the parliamentary

history of Castile deduced from original unpublished records.

It is unfortunate that his copious illustrations are arranged in so

unskilful a manner as to give a dry and repulsive air to the whole work.

The original documents, on which it is established, instead of being

reserved for an appendix, and their import only conveyed in the text,

stare at the reader in every page, arrayed in all the technicalities,

periphrases, and repetitions incident to legal enactments. The course of

the investigation is, moreover, frequently interrupted by impertinent

dissertations on the constitution of 1812, in which the author has fallen

into abundance of crudities, which he would have escaped, had he but

witnessed the practical operation of those liberal forms of government,

which he so justly admires. The sanguine temper of Marina has also

betrayed him into the error of putting, too uniformly, a favorable

construction on the proceedings of the commons, and of frequently deriving

a constitutional precedent from what can only be regarded as an accidental

and transient exertion of power in a season of popular excitement.

The student of this department of Spanish history may consult, in

conjunction with Marina, Sempere's little treatise, often quoted, on the

History of the Castilian Cortes. It is, indeed, too limited and desultory

in its plan to afford anything like a complete view of the subject. But,

as a sensible commentary, by one well skilled in the topics that he

discusses, it is of undoubted value. Since the political principles and

bias of the author were of an opposite character to Marina's, they

frequently lead him to opposite conclusions in the investigation of the

same facts. Making all allowance for obvious prejudices, Sempere's work,

therefore, may be of much use in correcting the erroneous impressions made

by the former writer, whose fabric of liberty too often rests, as

exemplified more than once in the preceding pages, on an ideal basis.

But, with every deduction, Marina's publications must be considered an

important contribution to political science. They exhibit an able analysis

of a constitution, which becomes singularly interesting, from its having

furnished, together with that of the sister kingdom of Aragon, the

earliest example of representative government, as well as from the liberal

principles on which that government was long administered.

FOOTNOTES

[1] Aragon was formally released from this homage in 1177, and Portugal in

1264. (Mariana, Historia General de España, (Madrid, 1780,) lib. 11, cap.

14; lib. 13, cap. 20.) The king of Granada, Aben Alahmar, swore fealty to

St. Ferdinand, in 1245, binding himself to the payment of an annual rent,

to serve under him with a stipulated number of his knights in war, and

personally _attend cortes when summoned_;--a whimsical stipulation this

for a Mahometan prince. Conde, Historia de la Dominacion de los Arabes en

España, (Madrid, 1820, 1821,) tom. iii. cap. 30.

[2] Navarre was too inconsiderable, and bore too near a resemblance in its

government to the other Peninsular kingdoms, to require a separate notice;

for which, indeed, the national writers afford but very scanty materials.

The Moorish empire of Granada, so interesting in itself, and so

dissimilar, in all respects, to Christian Spain, merits particular

attention. I have deferred the consideration of it, however, to that

period of the history which is occupied with its subversion. See Part I.,

Chapter 8.

[3] See the Canons of the fifth Council of Toledo. Florez, España Sagrada,

(Madrid, 1747-1776,) tom. vi. p. 168.

[4] Recesvinto, in order more effectually to bring about the consolidation

of his Gothic and Roman subjects into one nation, abrogated the law

prohibiting their intermarriage. The terms in which his enactment is

conceived disclose a far more enlightened policy than that pursued either

by the Franks or Lombards. (See the Fuero Juzgo, (ed. de la Acad., Madrid,

1815,) lib. 3, tit. 1, ley 1.)--The Visigothic code, Fuero Juzgo, (Forum

Judicum,) originally compiled in Latin, was translated into Spanish under

St. Ferdinand; a copy of which version was first printed in 1600, at

Madrid. (Los Doctores Asso y Manuel, Instituciones del Derecho Civil de

Castilla, (Madrid, 1792,) pp. 6, 7.) A second edition, under the

supervision of the Royal Spanish Academy, was published in 1815. This

compilation, notwithstanding the apparent rudeness and even ferocity of

some of its features, may be said to have formed the basis of all the

subsequent legislation of Castile. It was, doubtless, the exclusive

contemplation of these features, which brought upon these laws the

sweeping condemnation of Montesquieu, as "puériles, gauches, idiotes,--

frivoles dans le fond et gigantesques dans le style." Espirit des Loix,

liv. 28, chap. 1.

[5] Some of the local usages, afterwards incorporated in the _fueros_, or

charters, of the Castilian communities, may probably be derived from the

time of the Visigoths. The English reader may form a good idea of the

tenor of the legal institutions of this people and their immediate

descendants, from an article in the sixty-first Number of the Edinburgh

Review, written with equal learning and vivacity.

[6] The Christians, in all matters exclusively relating to themselves,

were governed by their own laws, (See the Fuero Juzgo, Introd. p. 40,)

administered by their own judges, subject only in capital cases to an

appeal to the Moorish tribunals. Their churches and monasteries (_rosae

inter spinas_, says the historian) were scattered over the principal

towns, Cordova retaining seven, Toledo six, etc.; and their clergy were

allowed to display the costume, and celebrate the pompous ceremonial, of

the Romish communion. Florez, España Sagrada, tom. x. trat. 33, cap, 7.--

Morales, Corónica General de España, (Obras, Madrid, 1791-1793,) lib. 12,

cap. 78.--Conde, Domination de los Arabes, part 1, cap. 15, 22.

[7] Morales, Corónica, lib. 12, cap. 77.--Yet the names of several nobles

resident among the Moors appear in the record of those times. (See Salazar

de Mendoza, Monarquía de España, (Madrid, 1770,) tom. i. p. 34, note.) If

we could rely on a singular fact, quoted by Zurita, we might infer that a

large proportion of the Goths were content to reside among their Saracen

conquerors. The intermarriages among the two nations had been so frequent,

that, in 1311, the ambassador of James II., of Aragon, stated to his

Holiness, Pope Clement V., that of 200.000 persons composing the

population of Granada, not more than 500 were of pure Moorish descent!

(Anales de la Corona de Aragon, (Zaragoza, 1610,) lib. 5, cap. 93.) As the

object of the statement was to obtain certain ecclesiastical aids from the

pontiff, in the prosecution of the Moorish war, it appears very

suspicious, notwithstanding the emphasis laid on it by the historian.

[8] Bleda, Corónica de los Moros de España, (Valencia, 1618,) p. 171.--

This author states, that in his time there were several families in

Ireland, whose patronymics bore testimony to their descent from these

Spanish exiles. That careful antiquarian, Morales, considers the regions

of the Pyrenees lying betwixt Aragon and Navarre, together with the

Asturias, Biscay, Guipuscoa, the northern portion of Galicia and the

Alpuxarras, (the last retreat, too, of the Moors, under the Christian

domination,) to have been untouched by the Saracen invaders. See lib. 12,

cap. 76.

[9] The lot of the Visigothic slave was sufficiently hard. The

oppressions, which this unhappy race endured, were such as to lead Mr.

Southey, in his excellent Introduction to the "Chronicle of the Cid," to

impute to their co-operation, in part, the easy conquest of the country by

the Arabs. But, although the laws, in relation to them, seem to be taken

up with determining their incapacities rather than their privileges, it is

probable that they secured to them, on the whole, quite as great a degree

of civil consequence, as was enjoyed by similar classes in the rest of

Europe. By the Fuero Juzgo, the slave was allowed to acquire property for

himself, and with it to purchase his own redemption. (Lib. 5, tit. 4, ley

16.) A certain proportion of every man's slaves were also required to bear

arms, and to accompany their master to the field. (Lib. 9, tit 2, ley 8.)

But their relative rank is better ascertained by the amount of composition

(that accurate measurement of civil rights with all the barbarians of the

north) prescribed for any personal violence inflicted on them. Thus, by

the Salic law, the life of a free Roman was estimated at only one-fifth of

that of a Frank, (Lex Salica, tit. 43, sec. 1, 8;) while, by the law of

the Visigoths, the life of a slave was valued at half of that of a

freeman, (lib. 6, tit. 4, ley 1.) In the latter code, moreover, the master

was prohibited, under the severe penalties of banishment and sequestration

of property, from either maiming or murdering his own slave, (lib. 6, tit.

5, leyes 12, 13;) while, in other codes of the barbarians, the penalty was

confined to similar trespasses on the slaves of another; and, by the Salic

law, no higher mulct was imposed for killing, than for kidnapping a slave.

(Lex Salica, tit. 11, sec. 1, 3.) The legislation of the Visigoths, in

those particulars, seems to have regarded this unhappy race as not merely

a distinct species of property. It provided for their personal security,

instead of limiting itself to the indemnification of their masters.

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

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

about 850.

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

[13] The archbishops of Toledo, whose revenues and retinues far exceeded

those of the other ecclesiastics, were particularly conspicuous in these

holy wars. Mariana, speaking of one of these belligerent prelates,

considers it worthy of encomium, that "it is not easy to decide whether he

was most conspicuous for his good government in peace, or his conduct and

valor in war." Hist. de España, tom. ii. p. 14.

[14] The first occasion, on which the military apostle condescended to

reveal himself to the Leonese, was the memorable day of Clavijo, A. D.

844, when 70,000 infidels fell on the field. From that time, the name of

St. Jago became the battle-cry of the Spaniards. The truth of the story is

attested by a contemporary charter of Ramiro I. to the church of the

saint, granting it an annual tribute of corn and wine from the towns in

his dominions, and a knight's portion of the spoils of every victory over

the Mussulmans. The _privilegio del voto_, as it is called, is given

at length by Florez in his Collection, (España Sagrada, tom. xix. p. 329,)

and is unhesitatingly cited by most of the Spanish historians, as Garibay,

Mariana, Morales, and others.--More sharp-sighted critics discover, in its

anachronisms, and other palpable blunders, ample evidence of its forgery.

(Mondejar, Advertencies &, la Historia de Mariana (Valencia, 1746,) no.

157,--Masdeu, Historia Crítica de España, y de la Cultura Española,

(Madrid, 1783-1805,) tom. xvi. supl. 18.) The canons of Compostella,

however, seem to have found their account in it, as the tribute of good

cheer, which it imposed, continued to be paid by some of the Castilian

towns, according to Mariana, in his day. Hist. de España, tom. i. p. 416.

[15] French, Flemish, Italian, and English volunteers, led by men of

distinguished rank, are recorded by the Spanish writers to have been

present at the sieges of Toledo, Lisbon, Algeziras, and various others.

More than sixty, or, as some accounts state, a hundred thousand, joined

the army before the battle of Navas de Tolosa; a round exaggeration,

which, however, implies the great number of such auxiliaries. (Garibay,

Compendio Historial de las Chrónicas de España, (Barcelona, 1628,) lib.

12, cap. 33.) The crusades in Spain were as rational enterprises, as those

in the East were vain and chimerical. Pope Pascal II. acted like a man of

sense, when he sent back certain Spanish adventurers, who had embarked in

the wars of Palestine, telling them that "the cause of religion could be

much better served by them at home."

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

7.

[17] The oldest manuscript extant of this poem, (still preserved at Bivar,

the hero's birth-place,) bears the date of 1207, or at latest 1307, for

there is some obscurity in the writing. Its learned editor, Sanchez, has

been led by the peculiarities of its orthography, metre, and idiom, to

refer its composition to as early a date as 1153. (Coleccion de Poesías

Castellanas anteriores al Siglo XV. (Madrid 1779-90,) tom. i. p. 223.)

Some of the late Spanish antiquaries have manifested a skepticism in

relation to the "Cid," truly alarming. A volume was published at Madrid,

in 1792, by Risco, under the title of "Castilla, o Historia de Rodrigo

Diaz," etc., which the worthy father ushered into the world with much

solemnity, as a transcript of an original manuscript coeval with the time

of the "Cid," and fortunately discovered by him in an obscure corner of

some Leonese monastery. (Prólogo). Masdeu, in an analysis of this precious

document, has been led to scrutinize the grounds on which the reputed

achievements of the "Cid" have rested from time immemorial, and concludes

with the startling assertion, that "of Rodrigo Diaz, el Campeador, we

absolutely know nothing with any degree of probability, not even his

existence!" (Hist. Crítica, tom. xx. p. 370.) There are probably few of

his countrymen, that will thus coolly acquiesce in the annihilation of

their favorite hero, whose exploits have been the burden of chronicle, as

well as romance, from the twelfth century down to the present day.

They may find a warrant for their fond credulity, in the dispassionate

judgment of one of the greatest of modern historians, John Muller, who, so

far from doubting the existence of the Campeador, has succeeded, in his

own opinion at least, in clearing from his history the "mists of fable and

extravagance," in which it has been shrouded. See his Life of the Cid,

appended to Escobar's "Romancero," edited by the learned and estimable Dr.

Julius, of Berlin. Frankfort, 1828.

[18] A modern minstrel inveighs loudly against this charity of his

ancestors, who devoted their "cantos de cigarra," to the glorification of

this "Moorish rabble," instead of celebrating the prowess of the Cid,

Bernardo, and other worthies of their own nation. His discourtesy,

however, is well rebuked by a more generous brother of the craft.

"No es culpa si de los Moros

los valientes hechos cantan,

pues tanto mas resplandecen

nuestras celebres hazañas;

que el encarecer los hechos

del vencido en la batalla,

engrandece al vencedor,

aunque no hablen de el palabra."

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

[19] When the empress queen of Alfonso VII. was besieged in the castle of

Azeca, in 1139, she reproached the Moslem cavaliers for their want of

courtesy and courage in attacking a fortress defended by a female. They

acknowledged the justice of the rebuke, and only requested that she would

condescend to show herself to them from her palace; when the Moorish

chivalry, after paying their obeisance to her in the most respectful

manner, instantly raised the siege, and departed. (Ferreras, Histoire

Générale d'Espagne, traduite par d'Hermilly, (Paris, 1742-51.) tom. in. p.

410.) It was a frequent occurrence to restore a noble captive to liberty

without ransom, and even with costly presents. Thus Alfonso XI. sent back

to their father two daughters of a Moorish prince, who formed part of the

spoils of the battle of Tarifa. (Mariana, Hist. die España, tom. ii. p.

32.) When this same Castilian sovereign, after a career of almost

uninterrupted victory over the Moslems, died of the plague before

Gibraltar, in 1350, the knights of Granada put on mourning for him,

saying, that "he was a noble prince, and one that knew how to honor his

enemies as well as his friends." Conde, Domination de los Arabes, tom.

iii. p. 149.

[20] One of the most extraordinary achievements, in this way, was that of

the grand master of Alcantara, in 1394, who, after ineffectually

challenging the king of Granada to meet him in single combat, or with a

force double that of his own, marched boldly up to the gates of his

capital, where he was assailed by such an overwhelming host, that he with

all his little band perished on the field. (Mariana, Hist. de España, lib.

19, cap. 3.) It was over this worthy compeer of Don Quixote that the

epitaph was inscribed, "Here lies one who never knew fear," which led

Charles V. to remark to one of his courtiers, that "the good knight could

never have tried to snuff a candle with his fingers."

[21] This singular fact, of the existence of an Arabic military order, is

recorded by Conde. (Dominacion de los Arabes, tom. i. p. 619, note.) The

brethren were distinguished for the simplicity of their attire, and their

austere and frugal habits. They were stationed on the Moorish marches, and

were bound by a vow of perpetual war against the Christian infidel. As

their existence is traced as far back as 1030, they may possibly have

suggested the organization of similar institutions in Christendom, which

they preceded by a century at least. The loyal historians of the Spanish

military orders, it is true, would carry that of St. Jago as far back as

the time of Ramiro I., in the ninth century; (Caro de Torres, Historia de

las Ordenes Militares de Santiago, Calatrava, y Alcantara, (Madrid, 1629,)

fol. 2.--Rades y Andrada, Chrónica de las Tres Ordenes y Cavallerías,

(Toledo, 1572,) fol. 4,) but less prejudiced critics, as Zurita and

Mariana, are content with dating it from the papal bull of Alexander III.,

1175.

[22] In one of the Paston letters, we find the notice of a Spanish knight

appearing at the court of Henry VI., "wyth a Kercheff of Plesaunce

iwrapped aboute hys arme, the gwych Knight," says the writer, "wyl renne a

cours wyth a sharpe spere for his sou'eyn lady sake." (Fenn, Original

Letters, (1787,) vol. i. p. 6.) The practice of using sharp spears,

instead of the guarded and blunted weapons usual in the tournament, seems

to have been affected by the chivalrous nobles of Castile; many of whom,

says the chronicle of Juan II., lost their lives from this circumstance,

in the splendid tourney given in honor of the nuptials of Blanche of

Navarre and Henry, son of John II. (Crónica de D. Juan II., (Valencia,

1779,) p. 411.) Monstrelet records the adventures of a Spanish cavalier,

who "travelled all the way to the court of Burgundy to seek honor and

reverence" by his feats of arms. His antagonist was the Lord of Chargny;

on the second day they fought with battle-axes, and "the Castilian

attracted general admiration, by his uncommon daring in fighting with his

visor up." Chroniques, (Paris, 1595,) tom. ii. p. 109.

[23] The Venetian ambassador, Navagiero, speaking of the manners of the

Castilian nobles, in Charles V.'s time, remarks somewhat bluntly, that,

"if their power were equal to their pride, the whole world would not be

able to withstand them." Viaggio fatto in Spagna et in Francia, (Vinegia,

1563,) fol. 10.

[24] The most ancient of these regular charters of incorporation, now

extant, was granted by Alfonso V., in 1020, to the city of Leon and its

territory. (Mariana rejects those of an earlier date, adduced by Asso and

Manuel and other writers. Ensayo Histórico-Crítico, sobre la Antigua

Legislation de Castilla, (Madrid, 1808,) pp. 80-82.) It preceded, by a

long interval, those granted to the burgesses in other parts of Europe,

with the exception, perhaps, of Italy; where several of the cities, as

Milan, Pavia, and Pisa, seem early in the eleventh century to have

exercised some of the functions of independent states. But the extent of

municipal immunities conceded to, or rather assumed by, the Italian cities

at this early period, is very equivocal; for their indefatigable

antiquarian confesses that all, or nearly all their archives, previous to

the time of Frederick I., (the latter part of the twelfth century,) had

perished amid their frequent civil convulsions. (See the subject in

detail, in Muratori, Dissertazioni sopra le Antichità Italiane, (Napoli,

1752,) dissert. 45.) Acts of enfranchisement became frequent in Spain

during the eleventh century; several of which are preserved, and exhibit,

with sufficient precision, the nature of the privileges accorded to the

inhabitants.--Robertson, who wrote when the constitutional antiquities of

Castile had been but slightly investigated, would seem to have little

authority, therefore, for deriving the establishment of communities from

Italy, and still less for tracing their progress through France and

Germany to Spain. See his History of the Reign of the Emperor Charles V,

(London, 1796,) vol. i. pp. 29, 30.

[25] For this account of the ancient polity of the Castilian cities, the

reader is referred to Sempere, Histoire des Cortès d'Espagne, (Bordeaux,

1815,) and Marina's valuable works, Ensayo Histórico-Crítico sobre la

Antigua Legislacion de Camilla, (Nos. 160-196,) and Teoría de las Cortes,

(Madrid, 1813, part. 2, cap. 21-23,) where the meagre outline given above

is filled up with copious illustration.

[26] The independence of the Lombard cities had been sacrificed, according

to the admission of their enthusiastic historian, about the middle of the

thirteenth century. Sismondi, Histoire des Républiques Italiennes du

Moyen-Age, (Paris, 1818,) ch. 20.

[27] Or in 1160, according to the Corónica General, (part. 4, fol. 344,

345,) where the fact is mentioned; Mariana refers this celebration of

cortes to 1170, (Hist. de España, lib. 11, cap. 2;) but Ferreras, who

often rectifies the chronological inaccuracies of his predecessor, fixes

it in 1169. (Hist. d'Espagne, tom. iii. p. 484) Neither of these authors

notices the presence of the commons in this assembly; although the phrase

used by the Chronicle, _los cibdadanos_, is perfectly unequivocal.

[28] Capmany, Práctica y Estilo de Celebrar Cortes en Aragon, Cataluña, y

Valencia, (Madrid, 1821,) pp. 230, 231.--Whether the convocation of the

third estate to the national councils proceeded from politic calculation

in the sovereign, or was in a manner forced on him by the growing power

and importance of the cities, it is now too late to inquire. It is nearly

as difficult to settle on what principles the selection of cities to be

represented depended. Marina asserts, that every great town and community

was entitled to a seat in the legislature, from the time of receiving its

municipal charter from the sovereign, (Teoría, tom. i. p. 138;) and

Sempere agrees, that this right became general, from the first, to all who

chose to avail themselves of it. (Histoire des Cortès, p. 56.) The right,

probably, was not much insisted on by the smaller and poorer places,

which, from the charges it involved, felt it often, no doubt, less of a

boon than a burden. This, we know, was the case in England.

[29] It was an evil of scarcely less magnitude, that contested elections

were settled by the crown. (Capmany, Práctica y Estilo, p. 231.) The

latter of these practices, and, indeed, the former to a certain extent,

are to be met with in English history.

[30] Marina leaves this point in some obscurity. (Teoría, tom. i. cap.

28.) Indeed, there seems to have been some irregularity in the

parliamentary usages themselves. From minutes of a meeting of cortes at

Toledo, in 1538, too soon for any material innovation on the ancient

practice, we find the three estates sitting in separate chambers, from the

very commencement to the close of the session. See the account drawn up by

the count of Coruña, apud Capmany, Práctica y Estilo, pp. 240 et seq.

[31] This, however, so contrary to the analogy of other European

governments, is expressly contradicted by the declaration of the nobles,

at the cortes of Toledo, in 1538. "Oida esta respuesta se dijo, que pues

S. M. habia dicho que no eran Córtes ni habia Brazos, no podian tratar

cosa alguna, _que ellos sin procuradores, y los procuradores sin ellos,

no seria válido lo que hicieren._" Relacion del Conde de Coruña, apud

Capmany, Práctica y Estilo, p. 247.

[32] This omission of the privileged orders was almost uniform under

Charles V. and his successors. But it would be unfair to seek for

constitutional precedent in the usages of a government, whose avowed

policy was altogether subversive of the constitution.

[33] During the famous war of the _Comunidades_, under Charles V. For

the preceding paragraph consult Marina, (Teoría, part. 1, cap. 10, 20, 26,

29,) and Capmany. (Práctica y Estilo, pp. 220-250.) The municipalities of

Castile seem to have reposed but a very limited confidence in their

delegates, whom they furnished with instructions, to which they were bound

to conform themselves literally. See Marina, Teoría, part. 1, cap. 23.

[34] The term "fundamental principle" is fully authorized by the existence

of repeated enactments to this effect. Sempere, who admits the "usage,"

objects to the phrase "fundamental law," on the ground that these acts

were specific, not general, in their character. Histoire des Cortès, p.

254.

[35] "Los Reyes en nuestros Reynos progenitores establecieron por leyes, y

ordenanças fechas en Cortes, que no se echassen, ni repartiessen ningunos

pechos, seruicios, pedidos, ni monedas, ni otros tributes nueuos,

especial, ni generalmente en todos nuestros Reynos, sin que primeramente

sean llamados à Cortes los procuradores de todas las Ciudades, y villas de

nuestros Reynos, y sean otorgados por los dichos procuradores que á las

Cortes vinieren." (Recopilacion de las Leyes, (Madrid, 1640,) tom. ii.

fol. 124.) This law, passed under Alfonso XI., was confirmed by John II.,

Henry III., and Charles V.

[36] In 1258, they presented a variety of petitions to the king, in

relation to his own personal expenditure, as well as that of his

courtiers; requiring him to diminish the charges of his table, attire,

etc., and, bluntly, to "bring his appetite within a more reasonable

compass;" to all which he readily gave his assent. (Sempere y Guarinos,

Historia del Luxo, y de las Leyes Suntuarias de España, (Madrid, 1788,)

tom. i. pp. 91, 92.) The English reader is reminded of a very different

result, which attended a similar interposition of the commons in the time

of Richard II., more than a century later.

[37] Marina claims also the right of the cortes to be consulted on

questions of war and peace, of which he adduces several precedents.

(Teoría, part. 2, cap. 19, 20.) Their interference in what is so generally

held the peculiar province of the executive, was perhaps encouraged by the

sovereign, with the politic design of relieving himself of the

responsibility of measures whose success must depend eventually on their

support. Hallam notices a similar policy of the crown, under Edward III.,

in his view of the English constitution during the Middle Ages. View of

the State of Europe during the Middle Ages, (London, 1819,) vol. iii.

chap. 8.

[38] The recognition of the title of the heir apparent, by a cortes

convoked for that purpose, has continued to be observed in Castile down to

the present time. Práctica y Estilo, p. 229.

[39] For the preceding notice of the cortes, see Marina, Teoría, part. 2,

cap. 13, 19, 20, 21, 31, 35, 37, 38.

[40] So at least they are styled by Marina. See his account of these

institutions; (Teoría, part. 2, cap. 39;) also Salazar de Mendoza,

(Monarquía, lib. 3, cap. 15, 16,) and Sempere, (Histoire des Cortès, chap.

12, 13.) One hundred cities associated in the Hermandad of 1315. In that

of 1295, were thirty-four. The knights and inferior nobility frequently

made part of the association. The articles of confederation are given by

Risco, in his continuation of Florez. (España Sagrada, (Madrid, 1775-

1826,) tom. xxxvi. p. 162.) In one of these articles it is declared, that,

if any noble shall deprive a member of the association of his property,

and refuse restitution, his house shall be razed to the ground. (Art. 4.)

In another, that if any one, by command of the king, shall attempt to

collect an unlawful tax, he shall be put to death on the spot. Art. 9.

[41] See Sempere, Historia del Luxo, tom. i. p. 97.--Masdeu, Hist.

Crítica, tom. xiii. nos. 90, 91.--Gold and silver, curiously wrought into

plate, were exported in considerable quantities from Spain, the tenth and

eleventh centuries. They were much used in the churches. The tiara of the

pope was so richly encrusted with the precious metals, says Masdeu, as to

receive the name of _Spanodista_. The familiar use of these metals as

ornaments of dress is attested by the ancient poem of the "Cid." See, in

particular, the costume of the Campeador; vv. 3099 et seq.

[42] Zuñiga, Annales Eclesiasticos y Seculares de Sevilla, (Madrid, 1677,)

pp. 74, 75.--Sempere, Historia del Luxo, tom. i. p. 80.

[43] The historian of Seville describes that city, about the middle of the

fifteenth century, as possessing a flourishing commerce and a degree of

opulence unexampled since the conquest. It was filled with an active

population, employed in the various mechanic arts. Its domestic fabrics,

as well as natural products, of oil, wine, wool, etc., supplied a trade

with Prance, Flanders, Italy, and England. (Zuñiga, Annales de Sevilla, p.

341.--See also Sempere, Historia del Luxo, p. 81, nota 2.) The ports of

Biscay, which belonged to the Castilian crown, were the marts of an

extensive trade with the north, during the thirteenth and fourteenth

centuries. This province entered into repeated treaties of commerce with

France and England; and her factories were established at Bruges, the

great emporium of commercial intercourse during this period between the

north and south, before those of any other people in Europe, except the

Germans. (Diccionario Geográfico-Histórico de España, por la Real Academia

de la Historia, (Madrid, 1802,) tom. i. p. 333.)

The institution of the _mesta_ is referred, says Laborde, (Itinéraire

Descriptif de l'Espagne, (Paris, 1827-1830,) tom. iv. p. 47,) to the

middle of the fourteenth century, when the great plague, which devastated

the country so sorely, left large depopulated tracts open to pasturage.

This popular opinion is erroneous, since it engaged the attention of

government, and became the subject of legislation as anciently as 1273,

under Alfonso the Wise. (See Asso y Manuel, Instituciones, Introd. p. 56.)

Capmany, however, dates the great improvement in the breed of Spanish

sheep from the year 1394, when Catharine of Lancaster brought with her, as

a part of her dowry to the heir apparent of Castile, a flock of English

merinos, distinguished, at that time, above those of every other country,

for the beauty and delicacy of their fleece. (Memorias Históricas sobre la

Marina, Comercio, y Artes de Barcelona, (Madrid, 1779-1792,) tom. iii. pp.

336, 337.) This acute writer, after a very careful examination of the

subject, differing from those already quoted, considers the raw material

for manufacture, and the natural productions of the soil, to have

constituted almost the only articles of export from Spain, until after the

fifteenth century. (Ibid., p. 338.) We will remark, in conclusion of this

desultory note, that the term _merinos_ is derived, by Conde, from

_moedinos_, signifying "wandering;" the name of an Arabian tribe, who

shifted their place of residence with the season. (Hist. de los Arabes en

España, tom. i. p. 488, nota.) The derivation might startle any but a

professed etymologist.

[44] See the original acts, cited by Sempere. (Historia del Luxo, passim.)

The archpriest of Hita indulges his vein freely against the luxury,

cupidity, and other fashionable sins of his age. (See Sanchez, Poesias

Castellanas, tom. iv.)--The influence of Mammon appears to have been as

supreme in the fourteenth century as at any later period.

"Sea un ome nescio, et rudo labrador,

Los dineros le fasen fidalgo e sabidor,

Quanto mas algo tiene, tanto es mas de valor,

El que no ba dineros, non es de si señor."

Vv. 465 et seq.

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

[46] Marina, Teoría, part. 2, cap. 28.--Mariana, Hist. de España, lib. 18,

cap. 15.--The admission of citizens into the king's council would have

formed a most important epoch for the commons, had they not soon been

replaced by jurisconsults, whose studies and sentiments inclined them less

to the popular side than to that of prerogative.

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

[48] _Castilla_. See Salazar de Mendoza, Monarquía, tom. i. p. 108.--

Livy mentions the great number of these towers in Spain in his day.

"Multas et locis altis positas turres Hispania habet." (Lib. 22, cap.

19.)--A castle was emblazoned on the escutcheon of Castile, as far back as

the reign of Urraca, in the beginning of the twelfth century, according to

Salazar de Mendoza, (Monarquía, tom. i. p. 142,) although Garibay discerns

no vestige of these arms on any instrument of a much older date than the

beginning of the thirteenth century. Compendio, lib. 12, cap. 32.

[49]

"Hizo guerra a los Moros,

Ganando sus fortalezas

Y sus villas.

Y en las lides que Venció

Caballeros y Caballos

Se perdiéron,

Y en este ofloio ganó

Las rentas y los vasallos

Que le dieron." Coplas de Manrique, copla 31.

[50] Asso and Manuel derive the introduction of fiefs into Castile, from

Catalonia. (Instituciones, p. 96.) The twenty-sixth title, part. 4, of

Alfonso X.'s code, (Siete Partidas,) treats exclusively of them. (De los

Feudos.) The laws 2, 4, 5, are expressly devoted to a brief exposition of

the nature of a fief, the ceremonies of investiture, and the reciprocal

obligations of lord and vassal. Those of the latter consisted in keeping

his lord's counsel, maintaining his interest, and aiding him in war. With

all this, there are anomalies in this code, and still more in the usages

of the country, not easy to explain on the usual principles of the feudal

relation; a circumstance, which has led to much discrepancy of opinion on

the subject, in political writers, as well as to some inconsistency.

Sempere, who entertains no doubt of the establishment of feudal

institutions in Castile, tells us, that "the nobles, after the Conquest,

succeeded in obtaining an exemption from military service,"--one of the

most conspicuous and essential of all the feudal relations. Histoire des

Cortès, pp. 30, 72, 249.

[51] Asso y Manuel, Instituciones, p. 26.--Sempere, Histoire des Cortès,

chap. 4.--The incensed nobles quitted the cortes in disgust, and

threatened to vindicate their rights by arms, on one such occasion, 1176.

Mariana, Hist. de España, tom. i. p. 644. See also tom. ii. p. 176.

[52] Idem auctores, ubi supra.--Prieto y Sotelo, Historia del Derecho Real

de España, (Madrid, 1738,) lib. 2, cap. 23; lib. 3, cap. 8.

[53] Siete Partidas, (ed. de la Real Acad., Madrid, 1807,) part. 4, tit.

25, ley 11. On such occasions they sent him a formal defiance by their

king at arms. Mariana, Hist. de España, tom. i. pp. 768, 912.

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

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

tom. i. p. 907.

[56] Marina, Ensayo, p. 128.

[57] John I., in 1390, authorized appeals from the seignorial tribunals to

those of the crown. Ibid., tom. ii. p. 179.

[58] The nature of these dignities is explained in Salazar de Mendoza,

Monarquía, tom. i. pp. 155, 166, 203.

[59] From the scarcity of these baronial residences, some fanciful

etymologists have derived the familiar saying of "Châteaux en Espagne."

See Bourgoanne, Travels in Spain, tom. ii. chap. 12.

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

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

p. 465.

[62] Guzman, Generaciones y Semblanzas, (Madrid, 1775,) cap. 84.--His

annual revenue is computed by Perez de Guzman, at 100,000 doblas of gold;

a sum equivalent to 856,000 dollars at the present day.

[63] The former of these two sums is equivalent to $438,875, or £91,474

sterling; and the latter to $526,650, or £109,716, nearly. I have been

guided by a dissertation of Clemencin, in the sixth volume of the Memorias

de la Real Academia de la Historia, (Madrid, 1821, pp. 507-566,) in the

reduction of sums in this History. That treatise is very elaborate and

ample, and brings under view all the different coins of Ferdinand and

Isabella's time, settling their specific value with great accuracy. The

calculation is attended with considerable difficulty, owing to the

depreciation of the value of the precious metals, and the repeated

adulteration of the _real_. In his tables, at the end, he exhibits the

commercial value of the different denominations, ascertained by the

quantity of wheat (as sure a standard as any), which they would buy at

that day. Taking the average of values, which varied considerably in

different years of Ferdinand and Isabella, it appears that the ducat,

reduced to our own currency, will be equal to about eight dollars and

seventy-seven cents, and the dobla to eight dollars and fifty-six cents.

[64] The ample revenues of the Spanish grandee of the present time,

instead of being lavished on a band of military retainers, as of yore, are

sometimes dispensed in the more peaceful hospitality of supporting an

almost equally formidable host of needy relations and dependants.

According to Bourgoanne (Travels in Spain, vol. 1. chap. 4), no less than

3000 of these gentry were maintained on the estates of the duke of Arcos,

who died in 1780.

[65] Mendoza records the circumstance of the head of the family of Ponce

de Leon, (a descendant of the celebrated marquis of Cadiz,) carrying his

son, then thirteen years old, with him into battle; "an ancient usage," he

says, "in that noble house." (Guerra de Granada, (Valencia, 1776,) p.

318.) The only son of Alfonso VI. was slain, fighting manfully in the

ranks, at the battle of Ucles, in 1109, when only eleven years of age.

Mariana, Hist. de España, tom. i. p. 565.

[66] The northern provinces, the theatre of this primitive independence,

have always been consecrated by this very circumstance, in the eyes of a

Spaniard. "The proudest lord," says Navagiero, "feels it an honor to trace

his pedigree to this quarter." (Viaggio, fol. 44.) The same feeling has

continued, and the meanest native of Biscay, or the Asturias, at the

present day, claims to be noble; a pretension, which often contrasts

ridiculously enough with the humble character of his occupation, and has

furnished many a pleasant anecdote to travellers.

[67] An elaborate dissertation, by the advocate Don Alonso Carillo, on the

pre-eminence and privileges of the Castilian grandee, is appended to

Salazar de Mendoza's Origen de las Dignidades Seglares de Castilla,

(Madrid, 1794.) The most prized of these appears to be that of keeping the

head covered in the presence of the sovereign; "prerogativa tan ilustre,"

says the writer, "que ella sola imprime el principal caracter de la

Grandeza. Y considerada _por sus efectos admirables_, ocupa dignamente el

primero lugar." (Discurso 3.) The sentimental citizen Bourgoanne, finds it

necessary to apologize to his republican brethren, for noticing these

"important trifles." Travels in Spain, vol. i. chap. 4.

[68] "Los llamaron fijosdalgo, que muestra a tanto como fijos de bien."

(Siete Partidas, part. 2, tit. 21.) "Por hidalgos se entienden _los

hombres escogidos de buenos lugares é con algo_." Asso y Manuel,

Instituciones, pp. 33, 34.

[69] Recop. de las Leyes, lib. 6, tit. 1, leyes 2, 9; tit. 2, leyes 3, 4,

10; tit. 14, leyes 14, 19.--They were obliged to contribute to the repair

of fortifications and public works, although, as the statute expresses it,

"tengan privilegios para que sean essentos de todos pechos."

[70] The knight was to array himself in light and cheerful vestments, and,

in the cities and public places his person was to be enveloped in a long

and flowing mantle, in order to impose greater reverence on the people.

His good steed was to be distinguished by the beauty and richness of his

caparisons. He was to live abstemiously, indulging himself in none of the

effeminate delights of couch or banquet. During his repast, his mind was

to be refreshed with the recital, from history, of deeds of ancient

heroism; and in the fight he was commanded to invoke the name of his

mistress, that it might infuse new ardor into his soul, and preserve him

from the commission of unknightly actions. See Siete Partidas, part, 2,

tit. 21, which is taken up with defining the obligations of chivalry.

[71] See Fuero Juzgo, lib. 3, which is devoted almost exclusively to the

sex. Montesquieu discerns in the jealous surveillance, which the Visigoths

maintained over the honor of their women, so close an analogy with

oriental usages, as must have greatly facilitated the conquest of the

country by the Arabians. Esprit des Loix, liv. 14, chap. 14.

[72] Warton's expression. See vol. i. p. 245, of the late learned edition

of his History of English Poetry, (London, 1824.)

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

[74] The present narrative will introduce the reader to more than one

belligerent prelate, who filled the very highest post in the Spanish, and,

I may say, the Christian Church, next the papacy. (See Alvaro Gomez, De

Rebus Gestis a Francisco Ximenio Cisnerio, (Compluti, 1569,) fol. 110 et

seq.) The practice, indeed, was familiar in other countries, as well as

Spain, at this late period. In the bloody battle of Ravenna, in 1512, two

cardinal legates, one of them the future Leo X., fought on opposite sides.

Paolo Giovo, Vita Leonis X., apud "Vitae Illustrium Virorum," (Basiliae,

1578,) lib. 2.

[75] The contest for supremacy, between the Mozarabic ritual and the

Roman, is familiar to the reader, in the curious narrative extracted by

Robertson from Mariana, Hist. de España, lib. 9, cap. 18.

[76] Siete Partidas, part. 1, tit. 6.--Florez, España Sagrada, tom. xx. p.

16.--The Jesuit Mariana appears to grudge this appropriation of the

"sacred revenues of the Church" to defray the expenses of the holy war

against the Saracen. (Hist. de España, tom. i. p. 177.) See also the

Ensayo, (nos. 322-364,) where Marina has analyzed and discussed the

general import of the first of the Partidas.

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

[78] See the original acts quoted by Sempere, in his Historia del Luxo,

tom. i. pp. 166 et seq.

[79] Lucio Marineo Siculo, Cosas Memorables de España, (Alcalá de Henares,

1539,) fol. 16.

[80] Navagiero, Viaggio, fol. 9.--L. Marineo, Cosas Memorables, fol. 12.--

Laborde reckons the revenues of this prelate, in his tables, at 12,000,000

reals, or 600,000 dollars. (Itinéraire, tom. vi. p. 9.) The estimate is

grossly exaggerated for the present day. The rents of this see, like those

of every other in the kingdom, have been grievously clipped in the late

political troubles. They are stated by the intelligent author of "A Year

in Spain," on the authority of the clergy of the diocese, at one-third of

the above sum, only; (p. 217, Boston ed. 1829;) an estimate confirmed by

Mr. Inglis, who computes them at £40,000. Spain in 1830, vol. i. ch. 11.

[81] Modern travellers, who condemn without reserve the corruption of the

inferior clergy, bear uniform testimony to the exemplary piety and

munificent charities of the higher dignitaries of the church.

[82] Marina, Teoría, part. 2, cap. 2, 5, 6.--A remarkable instance of this

occurred as late as the accession of Charles V.

[83] The earliest example of this permanent committee of the commons,

residing at court, and entering into the king's council, was in the

minority of Ferdinand IV., in 1295. The subject is involved in some

obscurity, which Marina has not succeeded in dispelling. He considers the

deputation to have formed a necessary and constituent part of the council,

from the time of its first appointment. (Teoría, tom. ii. cap. 27, 28.)

Sempere, on the other hand, discerns no warrant for this, after its

introduction, till the time of the Austrian dynasty. (Histoire des Cortès,

chap. 29.) Marina, who too often mistakes anomaly for practice, is

certainly not justified, even by his own showing, in the sweeping

conclusions to which he arrives. But, if his prejudices lead him to see

more than has happened, on the one hand, those of Sempere, on the other,

make him sometimes high gravel blind.

[84] The important functions and history of this body are investigated by

Marina. (Teoría, part. 2, cap. 27, 28, 29.) See also Sempere, (Histoire

des Cortès, cap. 16,) and the Informe de Don Agustin Riol, (apud Semanario

Erudito, tom. iii. pp. 113 et seq.) where, however, its subsequent

condition is chiefly considered.

[85] Not so exclusively, however, by any means, as Marina pretends.

(Teoría, part. 2, cap. 17, 18.) He borrows a pertinent illustration from

the famous code of Alfonso X., which was not received as law of the land

till it had been formally published in cortes, in 1348, more than seventy

years after its original compilation. In his zeal for popular rights, he

omits to notice, however, the power so frequently assumed by the sovereign

of granting _fueros_, or municipal charters; a right, indeed, which

the great lords, spiritual and temporal, exercised in common with him,

subject to his sanction. See a multitude of these seignorial codes,

enumerated by Asso and Manuel. (Instituciones, Introd., pp. 31 et seq.)

The monarch claimed, moreover, though not by any means so freely as in

later times, the privilege of issuing _pragmáticas_, ordinances of an

executive character, or for the redress of grievances submitted to him by

the national legislature. Within certain limits, this was undoubtedly a

constitutional prerogative; But the history of Castile, like that of most

other countries in Europe, shows how easily it was abused in the hands of

an arbitrary prince.

[86] The civil and criminal business of the kingdom was committed, in the

last resort, to the very ancient tribunal of _alcaldes de casa y corte_,

until, in 1371, a new one, entitled the royal audience or chancery, was

constituted under Henry II., with supreme and ultimate jurisdiction in

civil causes. These, in the first instance, however, might be brought

before the _alcaldes de la corte_, which continued, and has since

continued, the high court in criminal matters.

The _audiencia_, or chancery, consisted at first of seven judges, whose

number varied a good deal afterwards. They were appointed by the crown, in

the manner mentioned in the text. Their salaries were such as to secure

their independence, as far as possible, of any undue influence; and this

was still further done by the supervision of cortes, whose acts show

the deep solicitude with which it watched over the concerns and conduct of

this important tribunal. For a notice of the original organization and

subsequent modifications of the Castilian courts, consult Marina, (Teoría,

part. 2, cap. 21-25,) Riol, (Informe, apud Semanario Erudito, tom. iii.

pp. 129 et seq.) and Sempere, (Histoire des Cortès, chap. 15,) whose loose

and desultory remarks show perfect familiarity with the subject, and

presuppose more than is likely to be found in the reader.

[87] Siete Partidas, part. 2, tit. 26, leyes 5, 6, 7.--Mendoza notices

this custom as recently as Philip II.'s day. Guerra de Granada, p. 170.

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

[89] Garibay, Compendio, tom. ii. p. 399.--Mariana, Hist. de España, tom.

ii. pp. 234, 235.--Pedro Lopez de Ayala, chancellor of Castile and

chronicler of the reigns of four of its successive monarchs, terminated

his labors abruptly with the sixth year of Henry III., the subsequent

period of whose administration is singularly barren of authentic materials

for history. The editor of Ayala's Chronicle considers the adventure,

quoted in the text, as fictitious, and probably suggested by a stratagem

employed by Henry for the seizure of the duke of Benevente, and by his

subsequent imprisonment at Burgos. See Ayala, Crónica de Castilla, p. 355,

note, (ed. de la Acad., 1780.)

SECTION II.

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

CENTURY.

Rise of Aragon.--Ricos Hombres.--Their Immunities.--Their Turbulence.--

Privileges of Union.--The Legislature.--Its Forms.--Its Powers.--General

Privilege.--Judicial Functions of Cortes.--The Justice.--His Great

Authority.--Else and Opulence of Barcelona.--Her Free Institutions.--

Intellectual Culture.

The political institutions of Aragon, although bearing a general

resemblance to those of Castile, were sufficiently dissimilar to stamp a

peculiar physiognomy on the character of the nation, which still continued

after it had been incorporated with the great mass of the Spanish

monarchy.--It was not until the expiration of nearly five centuries after

the Saracen invasion, that the little district of Aragon, growing up under

the shelter of the Pyrenees, was expanded into the dimensions of the

province which now bears that name. During this period, it was painfully

struggling into being, like the other states of the Peninsula, by dint of

fierce, unintermitted warfare with the infidel.

Even after this period, it would probably have filled but an insignificant

space in the map of history, and, instead of assuming an independent

station, have been compelled, like Navarre, to accommodate itself to the

politics of the potent monarchies by which it was surrounded, had it not

extended its empire by a fortunate union with Catalonia in the twelfth,

and the conquest of Valencia in the thirteenth century. [1] These new

territories were not only far more productive than its own, but, by their

long line of coast and commodious ports, enabled the Aragonese, hitherto

pent up within their barren mountains, to open a communication with

distant regions.

The ancient county of Barcelona had reached a higher degree of

civilization than Aragon, and was distinguished by institutions quite as

liberal. The sea-board would seem to be the natural seat of liberty. There

is something in the very presence, in the atmosphere of the ocean, which

invigorates not only the physical, but the moral energies of man. The

adventurous life of the mariner familiarizes him with dangers, and early

accustoms him to independence. Intercourse with various climes opens new

and more copious sources of knowledge; and increased wealth brings with it

an augmentation of power and consequence. It was in the maritime cities

scattered along the Mediterranean that the seeds of liberty, both in

ancient and modern times, were implanted and brought to maturity. During

the Middle Ages, when the people of Europe generally maintained a toilsome

and infrequent intercourse with each other, those situated on the margin

of this inland ocean found an easy mode of communication across the high

road of its waters. They mingled in war too as in peace, and this long

period is filled with their international contests, while the other free

cities of Christendom were wasting themselves in civil feuds and degrading

domestic broils. In this wide and various collision their moral powers

were quickened by constant activity; and more enlarged views were formed,

with a deeper consciousness of their own strength, than could be obtained

by those inhabitants of the interior, who were conversant only with a

limited range of objects, and subjected to the influence of the same dull,

monotonous circumstances.

Among these maritime republics, those of Catalonia were eminently

conspicuous. By the incorporation of this country with the kingdom of

Aragon, therefore, the strength of the latter was greatly augmented. The

Aragonese princes, well aware of this, liberally fostered institutions to

which the country owed its prosperity, and skilfully availed themselves of

its resources for the aggrandizement of their own dominions. They paid

particular attention to the navy, for the more perfect discipline of which

a body of laws was prepared by Peter the Fourth, in 1354, that was

designed to render it invincible. No allusion whatever is made in this

stern code to the mode of surrendering to, or retreating from the enemy.

The commander, who declined attacking any force not exceeding his own by

more than one vessel, was punished with death. [2] The Catalan navy

successfully disputed the empire of the Mediterranean with the fleets of

Pisa, and still more of Genoa. With its aid, the Aragonese monarchs

achieved the conquest successively of Sicily, Sardinia, and the Balearic

Isles, and annexed them to the empire. [3] It penetrated into the farthest

regions of the Levant; and the expedition of the Catalans into Asia, which

terminated with the more splendid than useful acquisition of Athens, forms

one of the most romantic passages in this stirring and adventurous era.

[4]

But, while the princes of Aragon were thus enlarging the bounds of their

dominion abroad, there was probably not a sovereign in Europe possessed of

such limited authority at home. The three great states with their

dependencies, which constituted the Aragonese monarchy, had been declared

by a statute of James the Second, in 1319, inalienable and indivisible.

[5] Each of them, however, maintained a separate constitution of

government, and was administered by distinct laws. As it would be

fruitless to investigate the peculiarities of their respective

institutions, which bear a very close affinity to one another, we may

confine ourselves to those of Aragon, which exhibit a more perfect model

than those either of Catalonia or Valencia, and have been far more

copiously illustrated by her writers.

The national historians refer the origin of their government to a written

constitution of about the middle of the ninth century, fragments of which

are still preserved in certain ancient documents and chronicles. On

occurrence of a vacancy in the throne, at this epoch, a monarch was

elected by the twelve principal nobles, who prescribed a code of laws, to

the observance of which he was obliged to swear before assuming the

sceptre. The import of these laws was to circumscribe within very narrow

limits the authority of the sovereign, distributing the principal

functions to a _Justicia_, or Justice, and these same peers, who, in

case of a violation of the compact by the monarch, were authorized to

withdraw their allegiance, and, in the bold language of the ordinance, "to

substitute any other ruler in his stead, even a pagan, if they listed."

[6] The whole of this wears much of a fabulous aspect, and may remind the

reader of the government which Ulysses met with in Phaeacia; where King

Alcinous is surrounded by his "twelve illustrious peers or archons,"

subordinate to himself, "who," says he, "rule over the people, I myself

being the thirteenth." [7] But, whether true or not, this venerable

tradition must be admitted to have been well calculated to repress the

arrogance of the Aragonese monarchs, and to exalt the minds of their

subjects by the image of ancient liberty which it presented. [8]

The great barons of Aragon were few in number. They affected to derive

their descent from the twelve peers above mentioned, and were styled

_ricos hombres de natura_, implying by this epithet, that they were

not indebted for their creation to the will of the sovereign. No estate

could be legally conferred by the crown, as an _honor_ (the denomination

of fiefs in Aragon), on any but one of these high nobles. This, however,

was in time evaded by the monarchs, who advanced certain of their own

retainers to a level with the ancient peers of the land; a measure which

proved a fruitful source of disquietude. [9] No baron could be divested of

his fief, unless by public sentence of the Justice and the cortes. The

proprietor, however, was required, as usual, to attend the king in

council, and to perform military service, when summoned, during two months

in the year, at his own charge. [10]

The privileges, both honorary and substantial, enjoyed by the _ricos

hombres_, were very considerable. They filled the highest posts in the

state. They originally appointed judges in their domains for the

cognizance of certain civil causes, and over a class of their vassals

exercised an unlimited criminal jurisdiction. They were excused from

taxation except in specified cases; were exempted from all corporal and

capital punishment; nor could they be imprisoned, although their estates

might be sequestrated for debt. A lower class of nobility styled

_infanzones_, equivalent to the Castilian _hidalgos_, together with the

_caballeros_, or knights, were also possessed of important though inferior

immunities. [11] The king distributed among the great barons the territory

reconquered from the Moors, in proportions determined by the amount of

their respective services. We find a stipulation to this effect from James

the First to his nobles, previous to his invasion of Majorca. [12] On a

similar principle they claimed nearly the whole of Valencia. [13] On

occupying a city, it was usual to divide it into _barrios_, or districts,

each of which was granted by way of fief to some one of the ricos hombres,

from which he was to derive his revenue. What proportion of the conquered

territory was reserved for the royal demesne does not appear. [14] We find

one of these nobles, Bernard de Cabrera, in the latter part of the

fourteenth century, manning a fleet of king's ships on his own credit;

another, of the ancient family of Luna, in the fifteenth century, so

wealthy that he could travel through an almost unbroken line of his

estates all the way from Castile to France. [15] With all this, their

incomes in general, in this comparatively poor country, were very inferior

to those of the great Castilian lords. [16]

The laws conceded certain powers to the aristocracy of a most dangerous

character. They were entitled, like the nobles of the sister kingdom, to

defy, and publicly renounce their allegiance to their sovereign, with the

whimsical privilege, in addition, of commending their families and estates

to his protection, which he was obliged to accord, until they were again

reconciled. [17] The mischievous right of private war was repeatedly

recognized by statute. It was claimed and exercised in its full extent,

and occasionally with circumstances of peculiar atrocity. An instance is

recorded by Zurita of a bloody feud between two of these nobles,

prosecuted with such inveteracy that the parties bound themselves by

solemn oath never to desist from it during their lives, and to resist

every effort, even on the part of the crown itself, to effect a

pacification between them. [18] This remnant of barbarism lingered longer

in Aragon than in any other country in Christendom.

The Aragonese sovereigns, who were many of them possessed of singular

capacity and vigor, [19] made repeated efforts to reduce the authority of

their nobles within more temperate limits. Peter the Second, by a bold

stretch of prerogative, stripped them of their most important rights of

jurisdiction. [20] James the Conqueror artfully endeavored to

counterbalance their weight by that of the commons and the ecclesiastics.

[21] But they were too formidable when united, and too easily united, to

be successfully assailed. The Moorish wars terminated, in Aragon, with the

conquest of Valencia, or rather the invasion of Murcia, by the middle of

the thirteenth century. The tumultuous spirits of the aristocracy,

therefore, instead of finding a vent, as in Castile, in these foreign

expeditions, were turned within, and convulsed their own country with

perpetual revolution. Haughty from the consciousness of their exclusive

privileges and of the limited number who monopolized them, the Aragonese

barons regarded themselves rather as the rivals of their sovereign, than

as his inferiors. Intrenched within the mountain fastnesses, which the

rugged nature of the country everywhere afforded, they easily bade

defiance to his authority. Their small number gave a compactness and

concert to their operations, which could not have been obtained in a

multitudinous body. Ferdinand the Catholic well discriminated the relative

position of the Aragonese and Castilian nobility, by saying, "it was as

difficult to divide the one, as to unite the other." [22]

These combinations became still more frequent after formally receiving the

approbation of King Alfonso the Third, who, in 1287, signed the two

celebrated ordinances entitled the "Privileges of Union," by which his

subjects were authorized to resort to arms on an infringement of their

liberties. [23] The _hermandad_ of Castile had never been countenanced by

legislative sanction; it was chiefly resorted to as a measure of police,

and was directed more frequently against the disorders of the nobility,

than of the sovereign; it was organized with difficulty, and, compared

with the union of Aragon, was cumbrous and languid in its operations.

While these privileges continued in force, the nation was delivered over

to the most frightful anarchy. The least offensive movement on the part of

the monarch, the slightest encroachment on personal right or privilege,

was the signal for a general revolt. At the cry of _Union_, that "last

voice," says the enthusiastic historian, "of the expiring republic, full

of authority and majesty, and an open indication of the insolence of

kings," the nobles and the citizens eagerly rushed to arms. The principal

castles belonging to the former were pledged as security for their

fidelity, and intrusted to conservators, as they were styled, whose duty

it was to direct the operations and watch over the interests of the Union.

A common seal was prepared, bearing the device of armed men kneeling

before their king, intimating at once their loyalty and their resolution,

and a similar device was displayed on the standard and the other military

insignia of the confederates. [24]

The power of the monarch was as nothing before this formidable array. The

Union appointed a council to control all his movements, and, in fact,

during the whole period of its existence, the reigns of four successive

monarchs, it may be said to have dictated law to the land. At length Peter

the Fourth, a despot in heart, and naturally enough impatient of this

eclipse of regal prerogative, brought the matter to an issue, by defeating

the army of the Union, at the memorable battle of Epila, in 1348, "the

last," says Zurita, "in which it was permitted to the subject to take up

arms against the sovereign for the cause of liberty." Then, convoking an

assembly of the states at Saragossa, he produced before them the

instrument containing the two Privileges, and cut it in pieces with his

dagger. In doing this, having wounded himself in the hand, he suffered the

blood to trickle upon the parchment, exclaiming, that "a law which had

been the occasion of so much blood, should be blotted out by the blood of

a king." [25] All copies of it, whether in the public archives, or in the

possession of private individuals, were ordered, under a heavy penalty, to

be destroyed. The statute passed to that effect carefully omits the date

of the detested instrument, that all evidence of its existence might

perish with it. [26]

Instead of abusing his victory, as might have been anticipated from his

character, Peter adopted a far more magnanimous policy. He confirmed the

ancient privileges of the realm, and made in addition other wise and

salutary concessions. From this period, therefore, is to be dated the

possession of constitutional liberty in Aragon; (for surely the reign of

unbridled license, above described, is not deserving that name;) and this

not so much from the acquisition of new immunities, as from the more

perfect security afforded for the enjoyment of the old. The court of the

_Justicia_, that great barrier interposed by the constitution between

despotism on the one hand and popular license on the other, was more

strongly protected, and causes hitherto decided by arms were referred for

adjudication to this tribunal. [27] From this period, too, the cortes,

whose voice was scarcely heard amid the wild uproar of preceding times,

was allowed to extend a beneficial and protecting sway over the land. And,

although the social history of Aragon, like that of other countries in

this rude age, is too often stained with deeds of violence and personal

feuds, yet the state at large, under the steady operation of its laws,

probably enjoyed a more uninterrupted tranquillity than fell to the lot of

any other nation in Europe.

The Aragonese cortes was composed of four branches, or arms; [28] the

ricos hombres, or great barons; the lesser nobles, comprehending the

knights; the clergy, and the commons. The nobility of every denomination

were entitled to a seat in the legislature. The ricos hombres were allowed

to appear by proxy, and a similar privilege was enjoyed by baronial

heiresses. The number of this body was very limited, twelve of them

constituting a quorum. [29]

The arm of the ecclesiastics embraced an ample delegation from the

inferior as well as higher clergy. [30] It is affirmed not to have been a

component of the national legislature until more than a century and a half

after the admission of the commons. [31] Indeed, the influence of the

church was much less sensible in Aragon, than in the other kingdoms of the

peninsula. Notwithstanding the humiliating concessions of certain of their

princes to the papal see, they were never recognized by the nation, who

uniformly asserted their independence of the temporal supremacy of Rome;

and who, as we shall see hereafter, resisted the introduction of the

Inquisition, that last stretch of ecclesiastical usurpation, even to

blood. [32]

The commons enjoyed higher consideration and civil privileges than in

Castile. For this they were perhaps somewhat indebted to the example of

their Catalan neighbors, the influence of whose democratic institutions

naturally extended to other parts of the Aragonese monarchy. The charters

of certain cities accorded to the inhabitants privileges of nobility,

particularly that of immunity from taxation; while the magistrates of

others were permitted to take their seats in the order of hidalgos. [33]

From a very early period we find them employed in offices of public trust,

and on important missions. [34] The epoch of their admission into the

national assembly is traced as far back as 1133, several years earlier

than the commencement of popular representation in Castile. [35] Each city

had the right of sending two or more deputies selected from persons

eligible to its magistracy; but with the privilege of only one vote,

whatever might be the number of its deputies. Any place, which had been

once represented in cortes, might always claim to be so. [36]

By a statute of 1307, the convocation of the states, which had been

annual, was declared biennial. The kings, however, paid little regard to

this provision, rarely summoning them except for some specific necessity.

[37] The great officers of the crown, whatever might be their personal

rank, were jealously excluded from their deliberations. The session was

opened by an address from the king in person, a point of which they were

very tenacious; after which the different _arms_ withdrew to their

separate apartments. [38] The greatest scrupulousness was manifested in

maintaining the rights and dignity of the body; and their intercourse with

one another, and with the king, was regulated by the most precise forms of

parliamentary etiquette. [39] The subjects of deliberation were referred

to a committee from each order, who, after conferring together, reported

to their several departments. Every question, it may be presumed,

underwent a careful examination; as the legislature, we are told, was

usually divided into two parties, "the one maintaining the rights of the

monarch, the other, those of the nation," corresponding nearly enough with

those of our day. It was in the power of any member to defeat the passage

of a bill, by opposing to it his _veto_ or dissent, formally registered to

that effect. He might even interpose his negative on the proceedings of

the house, and thus put a stop to the prosecution of all further business

during the session. This anomalous privilege, transcending even that

claimed in the Polish diet, must have been too invidious in its exercise,

and too pernicious in its consequences, to have been often resorted to.

This may be inferred from the fact, that it was not formally repealed

until the reign of Philip the Second, in 1592. During the interval of the

sessions of the legislature, a deputation of eight was appointed, two from

each arm, to preside over public affairs, particularly in regard to the

revenue, and the security of justice; with authority to convoke a cortes

extraordinary, whenever the exigency might demand it. [40]

The cortes exercised the highest functions whether of a deliberative,

legislative, or judicial nature. It had a right to be consulted on all

matters of importance, especially on those of peace and war. No law was

valid, no tax could be imposed, without its consent; and it carefully

provided for the application of the revenue to its destined uses. [41] It

determined the succession to the crown; removed obnoxious ministers;

reformed the household, and domestic expenditure, of the monarch; and

exercised the power, in the most unreserved manner, of withholding

supplies, as well as of resisting what it regarded as an encroachment on

the liberties of the nation. [42]

The excellent commentators on the constitution of Aragon have bestowed

comparatively little attention on the development of its parliamentary

history; confining themselves too exclusively to mere forms of procedure.

The defect has been greatly obviated by the copiousness of their general

historians. But the statute-book affords the most unequivocal evidence of

the fidelity with which the guardians of the realm discharged the high

trust reposed in them, in the numerous enactments it exhibits, for the

security both of person and property. Almost the first page which meets

the eye in this venerable record contains the General Privilege, the Magna

Charta, as it has been well denominated, of Aragon. It was granted by

Peter the Great to the cortes at Saragossa, in 1283. It embraces a variety

of provisions for the fair and open administration of justice; for

ascertaining the legitimate powers intrusted to the cortes; for the

security of property against exactions of the crown; and for the

conservation of their legal immunities to the municipal corporations and

the different orders of nobility. In short, the distinguishing excellence

of this instrument, like that of Magna Charta, consists in the wise and

equitable protection which it affords to all classes of the community.

[43] The General Privilege, instead of being wrested, like King John's

charter, from a pusillanimous prince, was conceded, reluctantly enough, it

is true, in an assembly of the nation, by one of the ablest monarchs who

ever sat on the throne of Aragon, at a time when his arms, crowned with

repeated victory, had secured to the state the most important of her

foreign acquisitions. The Aragonese, who rightly regarded the General

Privilege as the broadest basis of their liberties, repeatedly procured

its confirmation by succeeding sovereigns. "By so many and such various

precautions," says Blancas, "did our ancestors establish that freedom

which their posterity have enjoyed; manifesting a wise solicitude, that

all orders of men, even kings themselves, confined within their own

sphere, should discharge their legitimate functions without jostling or

jarring with one another; for in this harmony consists the temperance of

our government. Alas!" he adds, "how much of all this has fallen into

desuetude from its antiquity, or been effaced by new customs." [44]

The judicial functions of the cortes have not been sufficiently noticed by

writers. They were extensive in their operation, and gave it the name of

the General Court. They were principally directed to protect the subject

from the oppressions of the crown and its officers; over all which cases

it possessed original and ultimate jurisdiction. The suit was conducted

before the Justice, as president of the cortes, in its judicial capacity,

who delivered an opinion conformable to the will of the majority. [45] The

authority, indeed, of this magistrate in his own court was fully equal to

providing adequate relief in all these cases. [46] But for several reasons

this parliamentary tribunal was preferred. The process was both more

expeditious and less expensive to the suitor. Indeed, "the most obscure

inhabitant of the most obscure village in the kingdom, although a

foreigner," might demand redress of this body; and, if he was incapable of

bearing the burden himself, the state was bound to maintain his suit, and

provide him with counsel at its own charge. But the most important

consequence, resulting from this legislative investigation, was the

remedial laws frequently attendant on it. "And our ancestors," says

Blancas, "deemed it great wisdom patiently to endure contumely and

oppression for a season, rather than seek redress before an inferior

tribunal, since, by postponing their suit till the meeting of cortes, they

would not only obtain a remedy for their own grievance, but one of a

universal and permanent application." [47]

The Aragonese cortes maintained a steady control over the operations of

government, especially after the dissolution of the Union; and the weight

of the commons was more decisive in it, than in other similar assemblies

of that period. Its singular distribution into four estates was favorable

to this. The knights and _hidalgos_, an intermediate order between

the great nobility and the people, when detached from the former,

naturally lent additional support to the latter, with whom, indeed, they

had considerable affinity. The representatives of certain cities, as well

as a certain class of citizens, were entitled to a seat in this body; [48]

so that it approached both in spirit and substance to something like a

popular representation. Indeed, this arm of the cortes was so uniformly

vigilant in resisting any encroachment on the part of the crown, that it

has been said to represent, more than any other, the liberties of the

nation. [49] In some other particulars the Aragonese commons possessed an

advantage over those of Castile. 1. By postponing their money grants to

the conclusion of the session, and regulating them in some degree by the

previous dispositions of the crown, they availed themselves of an

important lever relinquished by the Castilian cortes. [50] 2. The kingdom

of Aragon proper was circumscribed within too narrow limits to allow of

such local jealousies and estrangements, growing out of an apparent

diversity of interests, as existed in the neighboring monarchy. Their

representatives, therefore, were enabled to move with a more hearty

concert, and on a more consistent line of policy. 3. Lastly, the

acknowledged right to a seat in cortes, possessed by every city which had

once been represented there, and this equally whether summoned or not, if

we may credit Capmany, [51] must have gone far to preserve the popular

branch from the melancholy state of dilapidation to which it was reduced

in Castile by the arts of despotic princes. Indeed, the kings of Aragon,

notwithstanding occasional excesses, seem never to have attempted any

systematic invasion of the constitutional rights of their subjects. They

well knew, that the spirit of liberty was too high among them to endure

it. When the queen of Alfonso the Fourth urged her husband, by quoting the

example of her brother the king of Castile, to punish certain refractory

citizens of Valencia, he prudently replied, "My people are free, and not

so submissive as the Castilians. They respect me as their prince, and I

hold them for good vassals and comrades."[52]

No part of the constitution of Aragon has excited more interest, or more

deservedly, than the office of the _Justicia_, or Justice; [53] whose

extraordinary functions were far from being limited to judicial matters,

although in these his authority was supreme. The origin of this

institution is affirmed to have been coeval with that of the constitution

or frame of government itself. [54] If it were so, his authority may be

said, in the language of Blancas, "to have slept in the scabbard" until

the dissolution of the Union; when the control of a tumultuous aristocracy

was exchanged for the mild and uniform operation of the law, administered

by this, its supreme interpreter.

His most important duties may be briefly enumerated. He was authorized to

pronounce on the validity of all royal letters and ordinances. He

possessed, as has been said, concurrent jurisdiction with the cortes over

all suits against the crown and its officers. Inferior judges were bound

to consult him in all doubtful cases, and to abide by his opinion, as of

"equal authority," in the words of an ancient jurist, "with the law

itself." [55] An appeal lay to his tribunal from those of the territorial

and royal judges. [56] He could even evoke a cause, while pending before

them, into his own court, and secure the defendant from molestation on his

giving surety for his appearance. By another process, he might remove a

person under arrest from the place in which he had been confined by order

of an inferior court, to the public prison appropriated to this purpose,

there to abide his own examination of the legality of his detention. These

two provisions, by which the precipitate and perhaps intemperate

proceedings of subordinate judicatures were subjected to the revision of a

dignified and dispassionate tribunal, might seem to afford sufficient

security for personal liberty and property. [57] In addition to these

official functions, the Justice of Aragon was constituted a permanent

counsellor of the sovereign, and, as such, was required to accompany him

where-ever he might reside. He was to advise the king on all

constitutional questions of a doubtful complexion; and finally, on a new

accession to the throne, it was his province to administer the coronation

oath; this he performed with his head covered, and sitting, while the

monarch, kneeling before him bare-headed, solemnly promised to maintain

the liberties of the kingdom. A ceremony eminently symbolical of that

superiority of law over prerogative, which was so constantly asserted in

Aragon. [58]

It was the avowed purpose of the institution of the Justicia to interpose

such an authority between the crown and the people, as might suffice for

the entire protection of the latter. This is the express import of one of

the laws of Soprarbe, which, whatever he thought of their authenticity,

are undeniably of very high antiquity. [59] This part of his duties is

particularly insisted on by the most eminent juridical writers of the

nation. Whatever estimate, therefore, may be formed of the real extent of

his powers, as compared with those of similar functionaries in other

states of Europe, there can be no doubt that this ostensible object of

their creation, thus openly asserted, must have had a great tendency to

enforce their practical operation. Accordingly we find repeated examples,

in the history of Aragon, of successful interposition on the part of the

Justice for the protection of individuals persecuted by the crown, and in

defiance of every attempt at intimidation. [60] The kings of Aragon,

chafed by this opposition, procured the resignation or deposition, on more

than one occasion, of the obnoxious magistrate. [61] But, as such an

exercise of prerogative must have been altogether subversive of an

independent discharge of the duties of this office, it was provided by a

statute of Alfonso the Fifth, in 1442, that the Justice should continue in

office during life, removable only, on sufficient cause, by the king and

the cortes united. [62]

Several provisions were enacted, in order to secure the nation more

effectually against the abuse of the high trust reposed in this officer.

He was to be taken from the equestrian order, which, as intermediate

between the high nobility and the people, was less likely to be influenced

by undue partiality to either. He could not be selected from the ricos

hombres, since this class was exempted from corporal punishment, while the

Justice was made responsible to the cortes for the faithful discharge of

his duties, under penalty of death. [63] As this supervision of the whole

legislature was found unwieldy in practice, it was superseded, after

various modifications by a commission of members elected from each one of

the four estates, empowered to sit every year in Saragossa, with authority

to investigate the charges preferred against the Justice, and to pronounce

sentence upon him. [64]

The Aragonese writers are prodigal of their encomiums on the pre-eminence

and dignity of this functionary, whose office might seem, indeed, but a

doubtful expedient for balancing the authority of the sovereign; depending

for its success less on any legal powers confided to it, than on the

efficient and constant support of public opinion. Fortunately the Justice

of Aragon uniformly received such support, and was thus enabled to carry

the original design of the institution into effect, to check the

usurpations of the crown, as well as to control the license of the

nobility and the people. A series of learned and independent magistrates,

by the weight of their own character, gave additional dignity to the

office. The people, familiarized with the benignant operation of the law,

referred to peaceful arbitration those great political questions, which,

in other countries at this period, must have been settled by a sanguinary

revolution. [65] While, in the rest of Europe, the law seemed only the web

to ensnare the weak, the Aragonese historians could exult in the

reflection, that the fearless administration of justice in their land

"protected the weak equally with the strong, the foreigner with the

native." Well might their legislature assert, that the value of their

liberties more than counterbalanced "the poverty of the nation, and the

sterility of their soil." [66]

The governments of Valencia and Catalonia, which, as has been already

remarked, were administered independently of each other after their

consolidation into one monarchy, bore a very near resemblance to that of

Aragon. [67] No institution, however, corresponding in its functions with

that of the Justicia, seems to have obtained in either. [68] Valencia,

which had derived a large portion of its primitive population, after the

conquest, from Aragon, preserved the most intimate relations with the

parent kingdom, and was constantly at its side during the tempestuous

season of the Union. The Catalans were peculiarly jealous of their

exclusive privileges, and their civil institutions wore a more

democratical aspect than those of any other of the confederated states;

circumstances, which led to important results that fall within the compass

of our narrative. [69]

The city of Barcelona, which originally gave its name to the county of

which it was the capital, was distinguished from a very early period by

ample municipal privileges. [70] After the union with Aragon in the

twelfth century, the monarchs of the latter kingdom extended towards it

the same liberal legislation; so that, by the thirteenth, Barcelona had

reached a degree of commercial prosperity rivalling that of any of the

Italian republics. She divided with them the lucrative commerce with

Alexandria; and her port, thronged with foreigners from every nation,

became a principal emporium in the Mediterranean for the spices, drugs,

perfumes, and other rich commodities of the east, whence they were

diffused over the interior of Spain and the European continent. [71] Her

consuls, and her commercial factories, were established in every

considerable port in the Mediterranean and in the north of Europe. [72]

The natural products of her soil, and her various domestic fabrics,

supplied her with abundant articles of export. Fine wool was imported by

her in considerable quantities from England in the fourteenth and

fifteenth centuries, and returned there manufactured into cloth; an

exchange of commodities the reverse of that existing between the two

nations at the present day. [73] Barcelona claims the merit of having

established the first bank of exchange and deposit in Europe, in 1401; it

was devoted to the accommodation of foreigners as well as of her own

citizens. She claims the glory, too, of having compiled the most ancient

written code, among the moderns, of maritime law now extant, digested from

the usages of commercial nations, and which formed the basis of the

mercantile jurisprudence of Europe during the Middle Ages. [74]

The wealth which flowed in upon Barcelona, as the result of her activity

and enterprise, was evinced by her numerous public works, her docks,

arsenal, warehouses, exchange, hospitals, and other constructions of

general utility. Strangers, who visited Spain in the fourteenth and

fifteenth centuries, expatiate on the magnificence of this city, its

commodious private edifices, the cleanliness of its streets and public

squares (a virtue by no means usual in that day), and on the amenity of

its gardens and cultivated environs. [75]

But the peculiar glory of Barcelona was the freedom of her municipal

institutions. Her government consisted of a senate or council of one

hundred, and a body of _regidores_ or counsellors, as they were styled,

varying at times from four to six in number; the former intrusted

with the legislative, the latter with the executive functions of

administration. A large proportion of these bodies were selected from the

merchants, tradesmen, and mechanics of the city. They were invested, not

merely with municipal authority, but with many of the rights of

sovereignty. They entered into commercial treaties with foreign powers;

superintended the defence of the city in time of war; provided for the

security of trade; granted letters of reprisal against any nation who

might violate it; and raised and appropriated the public moneys for the

construction of useful works, or the encouragement of such commercial

adventures as were too hazardous or expensive for individual enterprise.

[76]

The counsellors, who presided over the municipality, were complimented

with certain honorary privileges, not even accorded to the nobility. They

were addressed by the title of _magníficos_; were seated, with their

heads covered, in the presence of royalty; were preceded by mace-bearers,

or lictors, in their progress through the country; and deputies from their

body to the court were admitted on the footing, and received the honors,

of foreign ambassadors. [77] These, it will be recollected, were

plebeians,--merchants and mechanics. Trade never was esteemed a

degradation in Catalonia, as it came to be in Castile. [78] The professors

of the different arts, as they were called, organized into guilds or

companies, constituted so many independent associations, whose members

were eligible to the highest municipal offices. And such was the

importance attached to these offices, that the nobility in many instances,

resigning the privileges of their rank, a necessary preliminary, were

desirous of being enrolled among the candidates for them. [79] One cannot

but observe in the peculiar organization of this little commonwealth, and

in the equality assumed by every class of its citizens, a close analogy to

the constitutions of the Italian republics; which the Catalans, having

become familiar with in their intimate commercial intercourse with Italy,

may have adopted as the model of their own.

Under the influence of these democratic institutions, the burghers of

Barcelona, and indeed of Catalonia in general, which enjoyed more or less

of a similar freedom, assumed a haughty independence of character beyond

what existed among the same class in other parts of Spain; and this,

combined with the martial daring fostered by a life of maritime adventure

and warfare, made them impatient, not merely of oppression, but of

contradiction, on the part of their sovereigns, who have experienced more

frequent and more sturdy resistance from this quarter of their dominions,

than from every other. [80] Navagiero, the Venetian ambassador to Spain,

early in the sixteenth century, although a republican himself, was so

struck with what he deemed the insubordination of the Barcelonians, that

he asserts, "The inhabitants have so many privileges, that the king

scarcely retains any authority over them; their liberty," he adds, "should

rather go by the name of license." [81] One example among many, may be

given, of the tenacity with which they adhered to their most

inconsiderable immunities.

Ferdinand the First, in 1416, being desirous, in consequence of the

exhausted state of the finances on his coming to the throne, to evade the

payment of a certain tax or subsidy customarily paid by the kings of

Aragon to the city of Barcelona, sent for the president of the council,

John Fiveller, to require the consent of that body to this measure. The

magistrate, having previously advised with his colleagues, determined to

encounter any hazard, says Zurita, rather than compromise the rights of

the city. He reminded the king of his coronation oath, expressed his

regret that he was willing so soon to deviate from the good usages of his

predecessors, and plainly told him, that he and his comrades would never

betray the liberties entrusted to them. Ferdinand, indignant at this

language, ordered the patriot to withdraw into another apartment, where he

remained in much uncertainty as to the consequences of his temerity. But

the king was dissuaded from violent measures, if he ever contemplated

them, by the representation of his courtiers, who warned him not to reckon

too much on the patience of the people, who bore small affection to his

person, from _the little familiarity with which he had treated them_

in comparison with their preceding monarchs, and who were already in arms

to protect their magistrate. In consequence of these suggestions,

Ferdinand deemed it prudent to release the counsellor, and withdrew

abruptly from the city on the ensuing day, disgusted at the ill success of

his enterprise. [82]

The Aragonese monarchs well understood the value of their Catalan

dominions, which sustained a proportion of the public burdens equal in

amount to that of both the other states of the kingdom. [83]

Notwithstanding the mortifications, which they occasionally experienced

from this quarter, therefore, they uniformly extended towards it the most

liberal protection. A register of the various customs paid in the ports of

Catalonia, compiled in 1413, under the above-mentioned Ferdinand, exhibits

a discriminating legislation, extraordinary in an age when the true

principles of financial policy were so little understood. [84] Under James

the First, in 1227, a navigation act, limited in its application, was

published, and another under Alfonso the Fifth, in 1454, embracing all the

dominions of Aragon; thus preceding by some centuries the celebrated

ordinance, to which England owes so much of her commercial grandeur. [85]

The brisk concussion given to the minds of the Catalans in the busy career

in which they were engaged, seems to have been favorable to the

development of poetical talent, in the same manner as it was in Italy.

Catalonia may divide with Provence the glory of being the region where the

voice of song was first awakened in modern Europe. Whatever may be the

relative claims of the two countries to precedence in this respect, [86]

it is certain that under the family of Barcelona, the Provençal of the

south of France reached its highest perfection; and, when the tempest of

persecution in the beginning of the thirteenth century fell on the lovely

valleys of that unhappy country, its minstrels found a hospitable asylum

in the court of the kings of Aragon; many of whom not only protected, but

cultivated the _gay science_ with considerable success. [87] Their

names have descended to us, as well as those of less illustrious

troubadours, whom Petrarch and his contemporaries did not disdain to

imitate; [88] but their compositions, for the most part, lie still buried

in those cemeteries of the intellect so numerous in Spain, and call loudly

for the diligence of some Sainte Palaye or Raynouard to disinter them.

[89]

The languishing condition of the poetic art, at the close of the

fourteenth century, induced John the First, who mingled somewhat of the

ridiculous even with his most respectable tastes, to depute a solemn

embassy to the king of France, requesting that a commission might be

detached from the Floral Academy of Toulouse, into Spain, to erect there a

similar institution. This was accordingly done, and the Consistory of

Barcelona was organized, in 1390. The kings of Aragon endowed it with

funds, and with a library valuable for that day, presiding over its

meetings in person, and distributing the poetical premiums with their own

hands. During the troubles consequent on the death of Martin, this

establishment fell into decay, until it was again revived, on the

accession of Ferdinand the First, by the celebrated Henry, marquis of

Villena, who transplanted it to Tortosa. [90]

The marquis, in his treatise on the _gaya sciencia_, details with

becoming gravity the pompous ceremonial observed in his academy on the

event of a public celebration. The topics of discussion were "the praises

of the Virgin, love, arms, and other good usages." The performances of the

candidates, "inscribed on parchment of various colors, richly enamelled

with gold and silver, and beautifully illuminated," were publicly recited,

and then referred to a committee, who made solemn oath to decide

impartially and according to the rules of the art. On the delivery of the

verdict, a wreath of gold was deposited on the victorious poem, which was

registered in the academic archives; and the fortunate troubadour, greeted

with a magnificent prize, was escorted to the royal palace amid a

_cortège_ of minstrelsy and chivalry; "thus manifesting to the world,"

says the marquis, "the superiority which God and nature have assigned to

genius over dulness." [91]

The influence of such an institution in awakening a poetic spirit is at

best very questionable. Whatever effect an academy may have in stimulating

the researches of science, the inspirations of genius must come unbidden;

"Adflata est numine quando

Jam propiore del."

The Catalans, indeed, seem to have been of this opinion; for they suffered

the Consistory of Tortosa to expire with its founder. Somewhat later, in

1430, was established the University of Barcelona, placed under the

direction of the municipality, and endowed by the city with ample funds

for instruction in the various departments of law, theology, medicine, and

the belles-lettres. This institution survived until the commencement of

the last century. [92]

During the first half of the fifteenth century, long after the genuine

race of the troubadours had passed away, the Provençal or Limousin verse

was carried to its highest excellence by the poets of Valencia. [93] It

would be presumptuous for any one, who has not made the _Romance_

dialects his particular study, to attempt a discriminating criticism of

these compositions, so much of the merit of which necessarily consists in

the almost impalpable beauties of style and expression. The Spaniards,

however, applaud, in the verses of Ausias March, the same musical

combinations of sound, and the same tone of moral melancholy, which

pervade the productions of Petrarch. [94] In prose too, they have (to

borrow the words of Andres) their Boccaccio in Martorell; whose fiction of

"Tirante el Blanco" is honored by the commendation of the curate in Don

Quixote, as "the best book in the world of the kind, since the knights-

errant in it eat, drink, sleep, and die quietly in their beds, like other

folk, and very unlike most heroes of romance." The productions of these,

and some other of their distinguished contemporaries, obtained a general

circulation very early by means of the recently invented art of printing,

and subsequently passed into repeated editions.[95] But their language has

long since ceased to be the language of literature. On the union of the

two crowns of Castile and Aragon, the dialect of the former became that of

the court and of the Muses. The beautiful Provençal, once more rich and

melodious than any other idiom in the Peninsula, was abandoned as a

_patois_ to the lower orders of the Catalans, who, with the language,

may boast that they also have inherited the noble principles of freedom

which distinguished their ancestors.

* * * * *

The influence of free institutions in Aragon is perceptible in the

familiarity displayed by its writers with public affairs, and in the

freedom with which they have discussed the organization, and general

economy of its government. The creation of the office of national

chronicler, under Charles V., gave wider scope to the development of

historic talent. Among the most conspicuous of these historiographers was

Jerome Blancas, several of whose productions, as the "Coronaciones de los

Reyes," "Modo de Proceder en Cortes," and "Commentarii Rerum

Aragonensium," especially the last, have been repeatedly quoted in the

preceding section. This work presents a view of the different orders of

the state, and particularly of the office of the Justicia, with their

peculiar functions and privileges. The author, omitting the usual details

of history, has devoted himself to the illustration of the constitutional

antiquities of his country, in the execution of which he has shown a

sagacity and erudition equally profound. His sentiments breathe a generous

love of freedom, which one would scarcely suppose to have existed, and

still less to have been promulgated, under Philip II. His style is

distinguished by the purity and even elegance of its latinity. The first

edition, being that which I have used, appeared in 1588, in folio, at

Saragossa, executed with much typographical beauty. The work was

afterwards incorporated into Schottus's "Hispania Illustrata."--Blancas,

after having held his office for ten years, died in his native city of

Saragossa, in 1590.

Jerome Martel, from whose little treatise, "Forma de Celebrar Cortes," I

have also liberally cited, was appointed public historiographer in 1597.

His continuation of Zurita's Annals, which he left unpublished at his

decease, was never admitted to the honors of the press, because, says his

biographer, Uztarroz, _verdades lastiman_; a reason as creditable to

the author as disgraceful to the government.

A third writer, and the one chiefly relied on for the account of

Catalonia, is Don Antonio Capmany. His "Memorias Históricas de Barcelona,"

(5 tom. 4to, Madrid, 1779-1792,) may be thought somewhat too discursive

and circumstantial for his subject; but it is hardly right to quarrel with

information so rare, and painfully collected; the sin of exuberance at any

rate is much less frequent, and more easily corrected, than that of

sterility. His work is a vast repertory of facts relating to the commerce,

manufactures, general policy, and public prosperity, not only of

Barcelona, but of Catalonia. It is written with an independent and liberal

spirit, which may be regarded as affording the best commentary on the

genius of the institutions which he celebrates.--Capmany closed his useful

labors at Madrid, in 1810, at the age of fifty-six.

Notwithstanding the interesting character of the Aragonese constitution,

and the amplitude of materials for its history, the subject has been

hitherto neglected, as far as I am aware, by continental writers.

Robertson and Hallam, more especially the latter, have given such a view

of its prominent features to the English reader, as must, I fear, deprive

the sketch which I have attempted, in a great degree, of novelty. To these

names must now be added that of the author of the "History of Spain and

Portugal," (Cabinet Cyclopaedia,) whose work, published since the

preceding pages were written, contains much curious and learned

disquisition on the early jurisprudence and municipal institutions of

both Castile and Aragon.

FOOTNOTES

[1] Catalonia was united with Aragon by the marriage of queen Petronilla

with Raymond Berengere, count of Barcelona, in 1150. Valencia was

conquered from the Moors by James I., in 1238.

[2] Capmany, Mem. de Barcelona, tom. iii. pp. 45-47.--The Catalans were

much celebrated during the Middle Ages for their skill with the crossbow;

for a more perfect instruction in which, the municipality of Barcelona

established games and gymnasiums. Ibid., tom. i. p. 113.

[3] Sicily revolted to Peter III., in 1282.--Sardinia was conquered by

James II., in 1324, and the Balearic Isles by Peter IV., in 1343-4.

Zurita, Anales, tom. i. fol. 247; tom. ii. fol. 60.--Hermilly, Histoire du

Royaume de Majorque, (Maestricht, 1777,) pp. 227-268.

[4] Hence the title of duke of Athens, assumed by the Spanish sovereigns.

The brilliant fortunes of Roger de Flor are related by count Moncada,

(Expedicion de los Catalanes y Aragoneses contrá Turcos y Griegos, Madrid,

1805) in a style much commended by Spanish critics for its elegance. See

Mondejar, Advertencias, p. 184.

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

fol. 90.

[6] See the fragments of the _Fuero de Soprarbe_, cited by Blancas,

Aragonensium Rerum Commentarii, (Caesaraugustae, 1588.) pp. 25-29.--The

well-known oath of the Aragonese to their sovereign on his accession, "Nos

que valemos tanto como vos," etc., frequently quoted by historians, rests

on the authority of Antonio Perez, the unfortunate minister of Philip II.,

who, however good a voucher for the usages of his own time, has made a

blunder in the very sentence preceding this, by confounding the Privilege

of Union with one of the Laws of Soprarbe, which shows him to be

insufficient, especially as he is the only, authority for this ancient

ceremony. See Antonio Perez, Relaciones, (Paris, 1598,) fol. 92.

[7]

Dodeka gar kata daemon aripretees Basilaees

Archoi krainonsi, triskaidekatos d' ego autos.

Odyss. O 390.

In like manner Alfonso III. alludes to "the ancient times in Aragon, when

there were as many kings as ricos hombres." See Zurita, Anales, tom. i.

fol. 316.

[8] The authenticity of the "Fuero de Soprarbe" has been keenly debated by

the Aragonese and Navarrese writers. Moret, in refutation of Blancas, who

espouses it, (see Commentarii, p. 289,) states, that after a diligent

investigation of the archives of that region, he finds no mention of the

laws, nor even of the name, of Soprarbe, until the eleventh century; a

startling circumstance for the antiquary. (Investigaciones Históricas de

las Antiguedades del Reyno de Navarra, (Pamplona, 1766,) tom. vi. lib. 2,

cap. 11.) Indeed, the historians of Aragon admit, that the public

documents previous to the fourteenth century suffered so much from various

causes as to leave comparatively few materials for authentic narrative.

(Blancas, Commentarii, Pref.--Risco, España Sagrada, tom. xxx. Prólogo.)

Blancas transcribed his extract of the laws of Soprarbe principally from

Prince Charles of Viana's History, written in the fifteenth century. See

Commentarii, p. 25.

[9] Asso y Manuel, Instituciones, pp. 39, 40.--Blancas, Commentarii, pp.

333, 334, 340.--Fueros y Observancias del Reyno de Aragon, (Zaragoza,

1667,) tom. i. fol. 130.--The _ricos hombres_, thus created by the

monarch, were styled _de mesnada_, signifying "of the household." It

was lawful for a _rico hombre_ to bequeath his honors to whichsoever

of his legitimate children he might prefer, and, in default of issue, to

his nearest of kin. He was bound to distribute the bulk of his estates in

fiefs among his knights, so that a complete system of sub-infeudation was

established. The knights, on restoring their fiefs, might change their

suzerains at pleasure.

[10] Asso y Manuel, Instituciones, p. 41.--Blancas, Commentarii, pp. 307,

322, 331.

[11] Fueros y Observancias, tom. i. fol. 130.--Martel, Forma de Celebrar

Cortes en Aragon, (Zaragoza, 1641,) p. 98.--Blancas, Commentarii, pp. 306,

312-317, 323, 360.--Asso y Manual, Instituciones, pp. 40-43.

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

[13] Blancas, Commentarii, p. 334.

[14] See the partition of Saragossa by Alonso the Warrior. Zurita, Anales,

tom. i. fol. 43.

[15] Mariana, Hist. de España, tom. ii. p. 198.--Blancas, Commentarii, p.

218. [16] See a register of these at the beginning of the sixteenth

century, apud L. Marineo, Cosas Memorables, fol. 25.

[17] Zurita, Anales, tom. ii. fol. 127.--Blancas, Commentarii, p. 324.--

"Adhaec Ricis hominibus ipsis majorum more institutisque concedebatur, ut

sese possent, dum ipsi vellent, a nostrorum Regum jure et potestare, quasi

nodum aliquem, expedire; neque expedire solum, _sed dimisso prius, quo

potirentur, Honore_, bellum ipsis inferre; Reges vero Rici hominis sic

expediti uxorem, filios, familiam, res, bona, et fortunas omnes in suam

recipere fidem tenebantur. Neque ulla erat eorum utilitatis facienda

jactura."

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

350.

[19] Blancas somewhere boasts, that no one of the kings of Aragon has been

stigmatized by a cognomen of infamy, as in most of the other royal races

of Europe. Peter IV., "the Ceremonious," richly deserved one.

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

[21] Zurita, Anales, tom. i. fol. 198.--He recommended this policy to his

son-in-law, the king of Castile.

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

[23] Zurita, Anales, lib. 4, cap. 96.--Abarca dates this event in the year

preceding. Reyes de Aragon, en Anales Históricos, (Madrid, 1682-1684,)

tom. ii. fol. 8.

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

et alibi.

[25] Zurita, Anales, tom. ii. fol. 126-130.--Blancas, Commentarii, pp.

195-197.--Hence he was styled "Peter of the Dagger;" and a statue of him,

bearing in one hand this weapon, and in the other the Privilege, stood in

the Chamber of Deputation at Saragossa in Philip II.'s time. See Antonio

Perez, Relaciones, fol. 95.

[26] See the statute, De Prohibità Unione, etc. Fueros y Observancias,

tom. i. fol. 178.--A copy of the original Privileges was detected by

Blancas among the manuscripts of the archbishop of Saragossa; but he

declined publishing it from deference to the prohibition of his ancestors.

Commentarii, p. 179.

[27] "Haec itaque domestica Regis victoria, quae miserrimum universae

Reipublicae interitum videbatur esse allatura, stabilem nobis constituit

pacem, tranquillitatem, et otium. Inde enim Magistratus Justitiae Aragonum

in eam, quam nunc colimus, amplitudinem dignitatis devenit." Ibid., p.

197.

[28] Martel, Forma de Celebrar Cortes, cap. 8.--"Bracos del reino, porque

_abraçan_, y tienen en si."--The cortes consisted only of three arms

in Catalonia and Valencia; both the greater and lesser nobility sitting in

the same chamber. Perguera, Cortes en Cataluña, and Matheu y Sanz,

Constitucion de Valencia, apud Capmany, Práctica y Estilo, pp. 65, 183,

184.

[29] Martel, Forma de Celebrar Cortes, cap. 10, 17, 21, 46.--Blancas, Modo

de Proceder en Cortes de Aragon, (Zaragoza, 1641,) fol. 17, 18.

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

[31] Blancas, Modo de Proceder, fol. 14,--and Commentarii, p. 374.--

Zurita, indeed, gives repeated instances of their convocation in the

thirteenth and twelfth centuries, from a date almost coeval with that of

the commons; yet Blancas, who made this subject his particular study, who

wrote posterior to Zurita, and occasionally refers to him, postpones the

era of their admission into the legislature to the beginning of the

fourteenth century.

[32] One of the monarchs of Aragon, Alfonso the Warrior, according to

Mariana, bequeathed all his dominions to the Templars and Hospitallers.

Another, Peter II., agreed to hold his kingdom as a fief of the see of

Rome, and to pay it an annual tribute. (Hist. de España, tom. i. pp. 596,

664.) This so much disgusted the people, that they compelled his

successors to make a public protest against the claims of the church,

before their coronation.--See Blancas, Coronaciones de los Serenisimos

Reyes de Aragon, (Zaragoza, 1641,) Cap. 2.

[33] Martel, Forma de Celebrar Cortes, cap. 22.--Asso y Manuel,

Instituciones, p. 44.

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

[35] Ibid., tom. i. fol. 51.--The earliest appearance of popular

representation in Catalonia is fixed by Ripoll at 1283, (apud Capmany,

Práctica y Estilo, p. 135.) What can Capmany mean by postponing the

introduction of the commons into the cortes of Aragon to 1300? (See p.

55.) Their presence and names are commemorated by the exact Zurita,

several times before the close of the twelfth century.

[36] Práctica y Estilo, pp. 14, 17, 18, 30.--Martel, Forma de Celebrar

Cortes, cap. 10.--Those who followed a mechanical occupation, _including

surgeons and apothecaries_, were excluded from a seat in cortes. (Cap.

17.) The faculty have rarely been treated with so little ceremony.

[37] Martel, Forma de Celebrar Cortes, cap. 7.--The cortes appear to have

been more frequently convoked in the fourteenth century, than in any

other. Blancas refers to no less than twenty-three within that period,

averaging nearly one in four years. (Commentarii, Index, _voce_ Comitia.)

In Catalonia and Valencia, the cortes was to be summoned every three

years. Berart, Discurso Breve sobre la Celebracion de Cortes de Aragon,

(1626,) fol. 12.

[38] Capmany, Práctica y Estilo, p. 15.--Blancas has preserved a specimen

of an address from the throne, in 1398, in which the king, after selecting

some moral apothegm as a text, rambles for the space of half an hour

through Scripture history, etc., and concludes with announcing the object

of his convening the cortes together, in three lines. Commentarii, pp.

376-380.

[39] See the ceremonial detailed with sufficient prolixity by Martel,

(Forma de Celebrar Cortes, cap. 52, 53,) and a curious illustration of it

in Zurita, Anales, tom. iv. fol. 313.

[40] Capmany, Práctica y Estilo, pp. 44 et seq.--Martel, Forma de Celebrar

Cortes, cap. 50, 60 et seq.--Fueros y Observancias, tom. i. fol. 229.--

Blancas, Modo de Proceder, fol. 2-4.--Zurita, Anales, tom. iii. fol. 321.

--Robertson, misinterpreting a passage of Blancas, (Commentarii, p. 375,)

states, that a "session of Cortes continued forty days." (History of

Charles V., vol. i. p. 140.) It usually lasted months.

[41] Fueros y Observancias, fol. 6, tit. Privileg. Gen.--Blancas,

Commentarii, p. 371.--Capmany, Práctica y Estilo, p. 51.--It was anciently

the practice of the legislature to grant supplies of troops, but not of

money. When Peter IV. requested a pecuniary subsidy, the cortes told him,

that "such thing had not been usual; that his Christian subjects were wont

to serve him with their persons, and it was only for Jews and Moors to

serve him with money." Blancas, Modo de Proceder, cap. 18.

[42] See examples of them in Zurita, Anales, tom. i. fol. 51, 263; tom.

ii. fol. 391, 394, 424.--Blancas, Modo de Proceder, fol. 98, 106.

[43] "There was such a conformity of sentiment among all parties," says

Zurita, "that the privileges of the nobility were no better secured than

those of the commons. For the Aragonese deemed that the existence of the

commonwealth depended not so much on its strength, as on its liberties."

(Anales, lib. 4, cap. 38.) In the confirmation of the privilege by James

the Second, in 1325, torture, then generally recognized by the municipal

law of Europe, was expressly prohibited in Aragon, "as unworthy of

freemen." See Zurita, Anales, lib. 6, cap. 61,--and Fueros y Observancias,

tom. i. fol. 9. Declaratio Priv. Generalis.

[44] The patriotism of Blancas warms as he dwells on the illusory picture

of ancient virtue, and contrasts it with the degeneracy of his own day.

"Et vero prisca haec tanta severitas, desertaque illa et inculta vita,

quando dies noctesque nostri armati concursabant, ac in bello et Maurorum

sanguine assidui versabantur; verè quidem parsimoniae, fortitudinis,

temperantiae, caeterarumque virtutum omnium magistra fuit. In quá

maleficia ac scelera, quae nunc in otiosâ hac nostrâ umbratili et delicatâ

gignuntur, gigni non solebant; quinimmo ita tunc aequaliter omnes omni

genere virtutum floruere, ut egregia haec laus videatur non hominum solum,

verum illorum etiam temporum fuisse." Commentarii, p. 340.

[45] It was more frequently referred, both for the sake of expedition, and

of obtaining a more full investigation, to commissioners nominated

conjointly by the cortes and the party demanding redress. The nature of

the _greuges_, or grievances, which might be brought before the

legislature, and the mode of proceeding in relation to them, are

circumstantially detailed by the parliamentary historians of Aragon. See

Berart, Discurso sobre la Celebracion de Cortes, cap. 7.--Capmany,

Práctica y Estilo, pp. 37-44.--Blancas, Modo de Proceder, cap. 14,--and

Martel, Forma de Celebrar Cortes, cap. 54-59.

[46] Blancas, Modo de Proceder, cap. 14.--Yet Peter IV., in his dispute

with the justice Fernandez de Castro, denied this. Zurita, Anales, tom.

ii. fol. 170.

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

[48] As for example the _ciudadanos honrados_ of Saragossa. (Capmany,

Práctica y Estilo, p. 14.) A _ciudadano honrado_ in Catalonia, and I

presume the same in Aragon, was a landholder, who lived on his rents

without being engaged in commerce or trade of any kind, answering to the

French _propriétaire_. See Capmany, Mem. de Barcelona, tom. ii. Apend. no.

30.

[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.

During this long-protracted anarchy, the people lost whatever they had

gained in the two preceding reigns. By the advice of his minister, who

seems to have possessed a full measure of the insolence, so usual with

persons suddenly advanced from low to elevated station, the king not only

abandoned the constitutional policy of his predecessors in regard to the

commons, but entered on the most arbitrary and systematic violation of

their rights. Their deputies were excluded from the privy council, or lost

all influence in it. Attempts were made to impose taxes without the

legislative sanction. The municipal territories were alienated, and

lavished on the royal minions. The freedom of elections was invaded, and

delegates to cortes were frequently nominated by the crown; and, to

complete the iniquitous scheme of oppression, _pragmaticas_, or royal

proclamations, were issued, containing provisions repugnant to the

acknowledged law of the land, and affirming in the most unqualified terms

the right of the sovereign to legislate for his subjects. [5] The commons

indeed, when assembled in cortes, stoutly resisted the assumption of such

unconstitutional powers by the crown, and compelled the prince not only to

revoke his pretensions, but to accompany his revocation with the most

humiliating concessions. [6] They even ventured so far, during this reign,

as to regulate the expenses of the royal household; [7] and their language

to the throne on all these occasions, though temperate and loyal, breathed

a generous spirit of patriotism, evincing a perfect consciousness of their

own rights, and a steady determination to maintain them. [8]

Alas! what could such resolution avail, in this season of misrule, against

the intrigues of a cunning and profligate minister, unsupported too, as

the commons were, by any sympathy or co-operation on the part of the

higher orders of the state! A scheme was devised for bringing the popular

branch of the legislature more effectually within the control of the

crown, by diminishing the number of its constituents. It has been already

remarked, in the Introduction, that a great irregularity prevailed in

Castile as to the number of cities which, at different times, exercised

the right of representation. During the fourteenth century, the deputation

from this order had been uncommonly full. The king, however, availing

himself of this indeterminateness, caused writs to be issued to a very

small proportion of the towns which had usually enjoyed the privilege.

Some of those that were excluded indignantly though ineffectually

remonstrated against this abuse. Others, previously despoiled of their

possessions by the rapacity of the crown, or impoverished by the

disastrous feuds into which the country had been thrown, acquiesced in the

measure from motives of economy. From the same mistaken policy several

cities, again, as Burgos, Toledo, and others, petitioned the sovereign to

defray the charges of their representatives from the royal treasury; a

most ill-advised parsimony, which suggested to the crown a plausible

pretext for the new system of exclusion. In this manner the Castilian

cortes, which, notwithstanding its occasional fluctuations, had exhibited

during the preceding century what might be regarded as a representation of

the whole commonwealth, was gradually reduced, during the reigns of John

the Second and his son Henry the Fourth, to the deputations of some

seventeen or eighteen cities. And to this number, with slight variation,

it has been restricted until the occurrence of the recent revolutionary

movements in that kingdom. [9]

The non-represented were required to transmit their instructions to the

deputies of the privileged cities. Thus Salamanca appeared in behalf of

five hundred towns and fourteen hundred villages; and the populous

province of Galicia was represented by the little town of Zamora, which is

not even included within its geographical limits. [10] The privilege of a

_voice in cortes_, as it was called, came at length to be prized so

highly by the favored cities, that when, in 1506, some of those which were

excluded solicited the restitution of their ancient rights, their petition

was opposed by the former on the impudent pretence, that "the right of

deputation had been reserved by ancient law and usage to only eighteen

cities of the realm." [11] In this short-sighted and most unhappy policy,

we see the operation of those local jealousies and estrangements, to which

we have alluded in the Introduction. But, although the cortes, thus

reduced in numbers, necessarily lost much of its weight, it still

maintained a bold front against the usurpations of the crown. It does not

appear, indeed, that any attempt was made under John the Second, or his

successor, to corrupt its members, or to control the freedom of debate;

although such a proceeding is not improbable, as altogether conformable to

their ordinary policy, and as the natural result of their preliminary

measures. But, however true the deputies continued to themselves and to

those who sent them, it is evident that so limited and partial a selection

no longer afforded a representation of the interests of the whole country.

Their necessarily imperfect acquaintance with the principles or even

wishes of their widely scattered constituents, in an age when knowledge

was not circulated on the thousand wings of the press, as in our day, must

have left them oftentimes in painful uncertainty, and deprived them of the

cheering support of public opinion. The voice of remonstrance, which

derives such confidence from numbers, would hardly now be raised in their

deserted halls with the same frequency or energy as before; and, however

the representatives of that day might maintain their integrity

uncorrupted, yet, as every facility was afforded to the undue influence of

the crown, the time might come when venality would prove stronger than

principle, and the unworthy patriot be tempted to sacrifice his birthright

for a mess of pottage. Thus early was the fair dawn of freedom overcast,

which opened in Castile under more brilliant auspices, perhaps, than in

any other country in Europe.

While the reign of John the Second is so deservedly odious in a political

view, in a literary, it may be inscribed with what Giovio calls "the

golden pen of history." It was an epoch in the Castilian, corresponding

with that of the reign of Francis the First in French literature,

distinguished not so much by any production of extraordinary genius, as by

the effort made for the introduction of an elegant culture, by conducting

it on more scientific principles than had been hitherto known. The early

literature of Castile could boast of the "Poem of the Cid," in some

respects the most remarkable performance of the middle ages. It was

enriched, moreover, with other elaborate compositions, displaying

occasional glimpses of a buoyant fancy, or of sensibility to external

beauty, to say nothing of those delightful romantic ballads, which seemed

to spring up spontaneously in every quarter of the country, like the

natural wild flowers of the soil. But the unaffected beauties of

sentiment, which seem rather the result of accident than design, were

dearly purchased, in the more extended pieces, at the expense of such a

crude mass of grotesque and undigested verse, as shows an entire ignorance

of the principles of the art. [12]

The profession of letters itself was held in little repute by the higher

orders of the nation, who were altogether untinctured with liberal

learning. While the nobles of the sister kingdom of Aragon, assembled in

their poetic courts, in imitation of their Provençal neighbors, vied with

each other in lays of love and chivalry, those of Castile disdained these

effeminate pleasures as unworthy of the profession of arms, the only one

of any estimation in their eyes. The benignant influence of John was

perceptible in softening this ferocious temper. He was himself

sufficiently accomplished, for a king; and, notwithstanding his aversion

to business, manifested, as has been noticed, a lively relish for

intellectual enjoyment. He was fond of books, wrote and spoke Latin with

facility, composed verses, and condescended occasionally to correct those

of his loving subjects. [13] Whatever might be the value of his

criticisms, that of his example cannot be doubted. The courtiers, with the

quick scent for their own interest which distinguished the tribe in every

country, soon turned their attention to the same polite studies; [14] and

thus Castilian poetry received very early the courtly stamp, which

continued its prominent characteristic down to the age of its meridian

glory.

Among the most eminent of these noble _savans_, was Henry, marquis of

Villena, descended from the royal houses of Castile and Aragon, [15] but

more illustrious, as one of his countrymen has observed, by his talents

and attainments, than by his birth. His whole life was consecrated to

letters, and especially to the study of natural science. I am not aware

that any specimen of his poetry, although much lauded by his

contemporaries, [16] has come down to us. [17] He translated Dante's

"Commedia" into prose, and is said to have given the first example of a

version of the AEneid into a modern language. [18] He labored assiduously

to introduce a more cultivated taste among his countrymen, and his little

treatise on the _gaya sciencia_, as the divine art was then called,

in which he gives an historical and critical view of the poetical

Consistory of Barcelona, is the first approximation, however faint, to an

Art of Poetry in the Castilian tongue. [19] The exclusiveness with which

he devoted himself to science, and especially astronomy, to the utter

neglect of his temporal concerns, led the wits of that day to remark, that

"he knew much of heaven, and nothing of earth." He paid the usual penalty

of such indifference to worldly weal, by seeing himself eventually

stripped of his lordly possessions, and reduced, at the close of life, to

extreme poverty. [20] His secluded habits brought on him the appalling

imputation of necromancy. A scene took place at his death, in 1434, which

is sufficiently characteristic of the age, and may possibly have suggested

a similar adventure to Cervantes. The king commissioned his son's

preceptor, Brother Lope de Barrientos, afterwards bishop of Cuença, to

examine the valuable library of the deceased; and the worthy ecclesiastic

consigned more than a hundred volumes of it to the flames, as savoring too

strongly of the black art. The Bachelor Cibdareal, the confidential

physician of John the Second, in a lively letter on this occurrence to the

poet John de Mena, remarks, that "some would fain get the reputation of

saints, by making others necromancers;" and requests his friend "to allow

him to solicit, in his behalf, some of the surviving volumes from the

king, that in this way the soul of Brother Lope might be saved from

further sin, and the spirit of the defunct marquis consoled by the

consciousness, that his books no longer rested on the shelves of the man

who had converted him into a conjuror." [21] John de Mena denounces this

_auto da fe_ of science in a similar, but graver tone of sarcasm, in

his "Laberinto." These liberal sentiments in the Spanish writers of the

fifteenth century may put to shame the more bigoted criticism of the

seventeenth. [22]

Another of the illustrious wits of this reign was Iñigo Lopez de Mendoza,

marquis of Santillana, "the glory and delight of the Castilian nobility,"

whose celebrity was such, that foreigners, it was said, journeyed to Spain

from distant parts of Europe to see him. Although passionately devoted to

letters, he did not, like his friend the marquis of Villena, neglect his

public or domestic duties for them. On the contrary, he discharged the

most important civil and military functions. He made his house an academy,

in which the young cavaliers of the court might practise the martial

exercises of the age; and he assembled around him at the same time men

eminent for genius and science, whom he munificently recompensed, and

encouraged by his example. [23] His own taste led him to poetry, of which

he has left some elaborate specimens. They are chiefly of a moral and

preceptive character; but, although replete with noble sentiment, and

finished in a style of literary excellence far more correct than that of

the preceding age, they are too much infected with mythology and

metaphorical affectations to suit the palate of the present day. He

possessed, however, the soul of a poet; and when he abandons himself to

his native _redondillas_, delivers his sentiments with a sweetness

and grace inimitable. To him is to be ascribed the glory, such as it is,

of having naturalized the Italian sonnet in Castile, which Boscan, many

years later, claimed for himself with no small degree of self-

congratulation. [24] His epistle on the primitive history of Spanish

verse, although containing notices sufficiently curious from the age and

the source whence they proceed, has perhaps done more service to letters

by the valuable illustrations it has called forth from its learned editor.

[25]

This great man, who found so much leisure for the cultivation of letters

amidst the busy strife of politics, closed his career at the age of sixty,

in 1458. Though a conspicuous actor in the revolutionary scenes of the

period, he maintained a character for honor and purity of motive,

unimpeached even by his enemies. The king, notwithstanding his devotion to

the faction of his son Henry, conferred on him the dignities of count of

Real de Manzanares and marquis of Santillana; this being the oldest

creation of a marquis in Castile, with the exception of Villena. [26] His

eldest son was subsequently made duke of Infantado, by which title his

descendants have continued to be distinguished to the present day.

But the most conspicuous, for his poetical talents, of the brilliant

circle which graced the court of John the Second, was John de Mena, a

native of fair Cordova, "the flower of science and of chivalry," [27] as

he fondly styles her. Although born in a middling condition of life, with

humble prospects, he was early smitten with a love of letters; and, after

passing through the usual course of discipline at Salamanca, he repaired

to Rome, where, in the study of those immortal masters whose writings had

but recently revealed the full capacities of a modern idiom, he imbibed

principles of taste, which gave a direction to his own genius, and, in

some degree, to that of his countrymen. On his return to Spain, his

literary merit soon attracted general admiration, and introduced him to

the patronage of the great, and above all to the friendship of the marquis

of Santillana. [28] He was admitted into the private circle of the

monarch, who, as his gossiping physician informs us, "used to have Mena's

verses lying on his table, as constantly as his prayer-book." The poet

repaid the debt of gratitude by administering a due quantity of honeyed

rhyme, for which the royal palate seems to have possessed a more than

ordinary relish. [29] He continued faithful to his master amidst all the

fluctuations of faction, and survived him less than two years. He died in

1456; and his friend, the marquis of Santillana, raised a sumptuous

monument over his remains, in commemoration of his virtues and of their

mutual affection.

John de Mena is affirmed by some of the national critics to have given a

new aspect to Castilian poetry. [30] His great work was his "Laberinto,"

the outlines of whose plan may faintly remind us of that portion of the

"Divina Commedia" where Dante resigns himself to the guidance of Beatrice.

In like manner the Spanish poet, under the escort of a beautiful

personification of Providence, witnesses the apparition of the most

eminent individuals, whether of history or fable; and, as they revolve on

the wheel of destiny, they give occasion to some animated portraiture, and

much dull, pedantic disquisition. In these delineations we now and then

meet with a touch of his pencil, which, from its simplicity and vigor, may

be called truly _Dantesque_. Indeed, the Castilian Muse never before

ventured on so bold a flight; and, notwithstanding the deformity of the

general plan, the obsolete barbarisms of the phraseology, its quaintness

and pedantry, notwithstanding the cantering dactylic measure in which it

is composed, and which to the ear of a foreigner can scarcely be made

tolerable, the work abounds in conceptions, nay in whole episodes, of such

mingled energy and beauty, as indicate genius of the highest order. In

some of his smaller pieces his style assumes a graceful flexibility, too

generally denied to his more strained and elaborate efforts. [31]

It will not be necessary to bring under review the minor luminaries of

this period. Alfonso de Baena, a converted Jew, secretary of John the

Second, compiled the fugitive pieces of more than fifty of these ancient

troubadours into a _cancionero_, "for the disport and divertisement

of his highness the king, when he should find himself too sorely oppressed

with cares of state," a case we may imagine of no rare occurrence. The

original manuscript of Baena, transcribed in beautiful characters of the

fifteenth century, lies, or did lie until very lately, unheeded in the

cemetery of the Escurial, with the dust of many a better worthy. [32] The

extracts selected from it by Castro, although occasionally exhibiting some

fluent graces with considerable variety of versification, convey, on the

whole, no very high idea of taste or poetic talent. [33].

Indeed, this epoch, as before remarked, was not so much distinguished by

uncommon displays of genius, as by its general intellectual movement and

the enthusiasm kindled for liberal studies. Thus we find the corporation

of Seville granting a hundred _doblas_ of gold as the guerdon of a

poet who had celebrated in some score of verses the glories of their

native city; and appropriating the same sum as an annual premium for a

similar performance. [34] It is not often that the productions of a poet

laureate have been more liberally recompensed even by royal bounty. But

the gifted spirits of that day mistook the road to immortality. Disdaining

the untutored simplicity of their predecessors, they sought to rise above

them by an ostentation of learning, as well as by a more classical idiom.

In the latter particular they succeeded. They much improved the external

forms of poetry, and their compositions exhibit a high degree of literary

finish, compared with all that preceded them. But their happiest

sentiments are frequently involved in such a cloud of metaphor, as to

become nearly unintelligible; while they invoke the pagan deities with a

shameless prodigality that would scandalize even a French lyric. This

cheap display of school-boy erudition, however it may have appalled their

own age, has been a principal cause of their comparative oblivion with

posterity. How far superior is one touch of nature, as the "Finojosa" or

"Querella de Amor," for example, of the marquis of Santillana, to all this

farrago of metaphor and mythology!

The impulse, given to Castilian poetry, extended to other departments of

elegant literature. Epistolary and historical composition were cultivated

with considerable success. The latter, especially, might admit of

advantageous comparison with that of any other country in Europe at the

same period; [35] and it is remarkable, that, after such early promise,

the modern Spaniards have not been more successful in perfecting a

classical prose style.

Enough has been said to give an idea of the state of mental improvement in

Castile under John the Second. The Muses, who had found a shelter in his

court from the anarchy which reigned abroad, soon fled from its polluted

precincts under the reign of his successor Henry the Fourth, whose sordid

appetites were incapable of being elevated above the objects of the

senses. If we have dwelt somewhat long on a more pleasing picture, it is

because our road is now to lead us across a dreary waste exhibiting

scarcely a vestige of civilization.

While a small portion of the higher orders of the nation was thus

endeavoring to forget the public calamities in the tranquillizing pursuit

of letters, and a much larger portion in the indulgence of pleasure, [36]

the popular aversion for the minister Luna had been gradually infusing

itself into the royal bosom. His too obvious assumption of superiority,

even over the monarch who had raised him from the dust, was probably the

real though secret cause of this disgust. But the habitual ascendency of

the favorite over his master prevented the latter from disclosing this

feeling until it was heightened by an occurrence which sets in a strong

light the imbecility of the one and the presumption of the other. John, on

the death of his wife, Maria of Aragon, had formed the design of

connecting himself with a daughter of the king of France. But the

constable, in the mean time, without even the privity of his master,

entered into negotiations for his marriage with the princess Isabella,

granddaughter of John the First of Portugal; and the monarch, with an

unprecedented degree of complaisance, acquiesced in an arrangement

professedly repugnant to his own inclinations. [37] By one of those

dispensations of Providence, however, which often confound the plans of

the wisest, as of the weakest, the column, which the minister had so

artfully raised for his support, served only to crush him.

The new queen, disgusted with his haughty bearing, and probably not much

gratified with the subordinate situation to which he had reduced her

husband, entered heartily into the feelings of the latter, and indeed

contrived to extinguish whatever spark of latent affection for his ancient

favorite lurked within his breast. John, yet fearing the overgrown power

of the constable too much to encounter him openly, condescended to adopt

the dastardly policy of Tiberius on a similar occasion, by caressing the

man whom he designed to ruin, and he eventually obtained possession of his

person, only by a violation of the royal safe-conduct. The constable's

trial was referred to a commission of jurists and privy counsellors, who,

after a summary and informal investigation, pronounced on him the sentence

of death on a specification of charges either general and indeterminate,

or of the most trivial import. "If the king," says Garibay, "had dispensed

similar justice to all his nobles, who equally deserved it in those

turbulent times, he would have had but few to reign over." [38]

The constable had supported his disgrace, from the first, with an

equanimity not to have been expected from his elation in prosperity; and

he now received the tidings of his fate with a similar fortitude. As he

rode along the streets to the place of execution, clad in the sable livery

of an ordinary criminal, and deserted by those who had been reared by his

bounty, the populace, who before called so loudly for his disgrace, struck

with this astonishing reverse of his brilliant fortunes, were melted into

tears. [39] They called to mind the numerous instances of his magnanimity.

They reflected, that the ambitious schemes of his rivals had been not a

whit less selfish, though less successful, than his own; and that, if his

cupidity appeared insatiable, he had dispensed the fruits of it in acts of

princely munificence. He himself maintained a serene and even cheerful

aspect. Meeting one of the domestics of Prince Henry, he bade him request

the prince "to reward the attachment of his servants with a different

guerdon from what his master had assigned to him." As he ascended the

scaffold, he surveyed the apparatus of death with composure, and calmly

submitted himself to the stroke of the executioner, who, in the savage

style of the executions of that day, plunged his knife into the throat of

his victim, and deliberately severed his head from his body. A basin, for

the reception of alms to defray the expenses of his interment, was placed

at one extremity of the scaffold; and his mutilated remains, after having

been exposed for several days to the gaze of the populace, were removed,

by the brethren of a charitable order, to a place called the hermitage of

St. Andrew, appropriated as the cemetery for malefactors. [40]

Such was the tragical end of Alvaro de Luna; a man, who, for more than

thirty years, controlled the counsels of the sovereign, or, to speak more

properly, was himself the sovereign of Castile. His fate furnishes one of

the most memorable lessons in history. It was not lost on his

contemporaries; and the marquis of Santillana has made use of it to point

the moral of perhaps the most pleasing of his didactic compositions. [41]

John did not long survive his favorite's death, which he was seen

afterwards to lament even with tears. Indeed, during the whole of the

trial he had exhibited the most pitiable agitation, having twice issued

and recalled his orders countermanding the constable's execution; and, had

it not been for the superior constancy, or vindictive temper of the queen,

he would probably have yielded to these impulses of returning affection.

[42]

So far from deriving a wholesome warning from experience, John confided

the entire direction of his kingdom to individuals not less interested,

but possessed of far less enlarged capacities, than the former minister.

Penetrated with remorse at the retrospect of his unprofitable life, and

filled with melancholy presages of the future, the unhappy prince lamented

to his faithful attendant Cibdareal, on his deathbed, that "he had not

been born the son of a mechanic, instead of king of Castile." He died July

21st, 1454, after a reign of eight and forty years, if reign it may be

called, which was more properly one protracted minority. John left one

child by his first wife, Henry, who succeeded him on the throne; and by

his second wife two others, Alfonso, then an infant, and Isabella,

afterwards queen of Castile, the subject of the present narrative. She had

scarcely reached her fourth year at the time of her father's decease,

having been born on the 22d of April, 1451, at Madrigal. The king

recommended his younger children to the especial care and protection of

their brother Henry, and assigned the town of Cuellar, with its territory

and a considerable sum of money, for the maintenance of the Infanta

Isabella. [43]

FOOTNOTES

[1] Sempere y Guarinos, Historia del Luxo, y de las Leyes Suntuarias de

España, (Madrid, 1788,) tom. i. p. 171.

[2] Crónica de Enrique III., edicion de la Academia, (Madrid, 1780,)

passim.--Crónica de Juan II., (Valencia, 1779,) p. 6.

[3] Crónica de Alvaro de Luna, edition de la Academia, (Madrid, 1784,)

tit. 3, 5, 68, 74.--Guzman, Generaciones y Semblanzas, (Madrid, 1775,)

cap. 33, 34.--Abarca, Reyes de Aragon, en Anales Históricos, (Madrid,

1682,) tom. i. fol. 227.--Crónica de Juan II., passim.--He possessed sixty

towns and fortresses, and kept three thousand lances constantly in pay.

Oviedo, Quincuagenas, MS.

[4] Guzman, Generaciones, cap. 33.--Crónica de Don Juan II., p. 491, et

alibi. His complaisance for the favorite, indeed, must be admitted, if we

believe Guzman, to have been of a most extraordinary kind. "E lo que con

mayor maravilla se puede decir é oír, que aun en los autos naturales se

dió así á la ordenanza del condestable, que seyendo él mozo bien

complexionado, é teniendo á la reyna su muger moza y hermosa, si el

condestable se lo contradixiese, no iria á dormir á su cama della." Ubi

supra.

[5] Marina, Teoría de las Cortes, (Madrid, 1813,) tom. i. cap. 20.--tom.

ii. pp. 216, 390, 391.--tom. iii. part. 2, no. 4.--Capmany, Práctica y

Estilo de Celebrar Cortes en Aragon, Cataluña y Valencia, (Madrid, 1821,)

pp. 234, 235.--Sempere, Histoire des Cortès d'Espagne, (Bordeaux, 1815,)

ch. 18, 24.

[6] Several of this prince's laws for redressing the alleged grievances

are incorporated in the great code of Philip II., (Recopilacion de las

Leyes, (Madrid, 1640,) lib. 6, tit. 7, leyes 5, 7, 2,) which declares, in

the most unequivocal language, the right of the commons to be consulted on

all important matters. "Porque en los hechos arduos de nuestros reynos es

necessario consejo de nuestros subditos, y naturales, _especialmente de

los procuradores de las nuestras ciudades, villas, y lugares de los

nuestros reynos._" It was much easier to extort good laws from this

monarch, than to enforce them.

[7] Mariana, Historia de España, (Madrid, 1780,) tom. ii. p. 299.

[8] Marina, Teoría, ubi supra.

[9] Capmany, Práctica y Estilo, p. 228.--Sempere, Hist. des Cortès, chap.

19.--Marina, Teoría, part. 1, cap. 16.--In 1656, the city of Palencia was

content to repurchase its ancient right of representation from the crown,

at an expense of 80,000 ducats.

[10] Capmany, Práctica y Estilo, p. 230.--Sempere, Histoire des Cortès

d'Espagne, chap. 19.

[11] Marina, Teoría, tom. i. p. 161.

[12] See the ample collections of Sanchez, "Poesías Castellanas anteriores

al Siglo XV." 4 tom. Madrid, 1779-1790.

[13] Guzman, Generaciones, cap. 33.--Gomez de Cibdareal, Centon

Epistolario, (Madrid, 1775,) epist. 20, 49.--Cibdareal has given us a

specimen of this royal criticism, which Juan de Mena, the subject of it,

was courtier enough to adopt.

[14] Velazquez, Orígenes de la Poesía Castellana, (Málaga, 1797,) p. 45.--

Sanchez, Poesías Castellanas, tom. i. p. 10.--"The Cancioneros Generales,

in print and in manuscript," says Sanchez, "show the great number of

dukes, counts, marquises, and other nobles, who cultivated this art."

[15] He was the grandson, not, as Sanchez supposes (tom. i. p.15), the

son, of Alonso de Villena, the first marquis as well as constable created

in Castile, descended from James II. of Aragon. (See Dormer, Enmiendas y

Advertencias de Zurita, (Zaragoza, 1683,) pp. 371-376.) His mother was an

illegitimate daughter of Henry II., of Castile. Guzman, Generaciones, cap.

28.--Salazar de Mendoza, Monarquía de España, (Madrid, 1770,) tom. i. pp.

203, 339.

[16] Guzman, Generaciones, cap. 28.--Juan de Mena introduces Villena into

his "Laberinto," in an agreeable stanza, which has something of the

mannerism of Dante.

"Aquel claro padre aquel dulce fuente

aquel que en el castolo monte resuena

es don Enrique Señor de Villena

honrra de España y del siglo presente," etc.

Juan de Mena, Obras, (Alcalá, 1566,) fol. 138.

[17] The recent Castilian translators of Bouterwek's History of Spanish

Literature have fallen into an error in imputing the beautiful

_cancion_ of the "Querella de Amor" to Villena. It was composed by

the Marquis of Santillana. (Bouterwek, Historia de la Literatura Española,

traducida por Cortina y Hugalde y Mollinedo, (Madrid, 1829,) p. 196, and

Sanchez, Poesías Castellanas, tom. i. pp. 38, 143.)

[18] Velazquez, Orígenes de la Poesía Castellana, p. 45.--Bouterwek,

Literatura Española, trad. de Cortina y Mollinedo, nota S.

[19] See an abstract of it in Mayans y Siscar, Orígines de la Lengua

Española, (Madrid, 1737,) tom. ii. pp. 321 et seq.

[20] Zurita, Anales de la Corona de Aragon, (Zaragoza, 1669,) tom. iii. p.

227.--Guzman, Generaciones, cap. 28.

[21] Centon Epistolario, epist. 66.--The bishop endeavored to transfer the

blame of the conflagration to the king. There can be little doubt,

however, that the good father infused the suspicions of necromancy into

his master's bosom. "The angels," he says in one of his works, "who

guarded Paradise, presented a treatise on magic to one of the posterity of

Adam, from a copy of which Villena derived his science." (See Juan de

Mena, Obras, fol. 139, glosa.) One would think that such an orthodox

source might have justified Villena in the use of it.

[22] Comp. Juan de Mena, Obras, copl. 127, 128; and Nic. Antonio,

Bibliotheca Vetus, tom. ii. p. 220.

[23] Pulgar, Claros Varones de Castilla, y Letras, (Madrid, 1755,) tit.

4.--Nic. Antonio, Bibliotheca Vetus, lib. 10, cap. 9.--Quincuagenas de

Gonzalo de Oviedo, MS., batalla 1, quinc. 1, dial. 8.

[24] Garcilasso de la Vega, Obras, ed. de Herrera, (1580,) pp. 75, 76--

Sanchez, Poesías Castellanas, tom. i. p. 21.--Boscan, Obras, (1543,) fol.

19.--It must be admitted, however, that the attempt was premature, and

that it required a riper stage of the language to give a permanent

character to the innovation.

[25] See Sanchez, Poesías Castellanas, tom. i. pp. 1-119.--A copious

catalogue of the marquis de Santillana's writings is given in the same

volume, (pp. 33 et seq.) Several of his poetical pieces are collected in

the Cancionero General, (Anvers, 1573,) fol. 34 et seq.

[26] Pulgar, Claros Varones, tit. 4.--Salazar de Mendoza, Monarquía, tom.

i. p. 218.--Idem, Orígen de las Dignidades Seglares de Castilla y Leon,

(Madrid, 1794,) p. 285.--Oviedo makes the marquis much older, seventy-five

years of age, when he died. He left, besides daughters, six sons, who all

became the founders of noble and powerful houses. See the whole genealogy,

in Oviedo, Quincuagenas, MS., bat. 1, quinc. 1, dial. 8.

[27] "Flor de saber y cabellería." El Laberinto, copla 114.

[28] Nic. Antonio, Bibliotheca Vetus, tom. ii. pp. 265 et seq.

[29] Cibdareal, Centon Epistolario, epist. 47, 49.

[30] See Velazquez, Poesía Castellana, p. 49.

[31] A collection of them is incorporated in the Cancionero General, fol.

41 et seq.

[32] Castro, Biblioteca Española, (Madrid, 1781,) tom. i, pp. 266, 267.--

This interesting document, the most primitive of all the Spanish

_cancioneros_, notwithstanding its local position in the library is

specified by Castro with great precision, eluded the search of the

industrious translators of Bouterwek, who think it may have disappeared

during the French invasion. Literatura Española, trad. de Cortina y

Mollinedo, p. 205, nota Hh.

[33] See these collected in Castro, Biblioteca Española, tom. ii. p. 265

et seq.--The veneration entertained for the poetic art in that day may be

conceived from Baena's whimsical prologue. "Poetry," he says, "or the gay

science, is a very subtile and delightsome composition. It demands in him,

who would hope to excel in it, a curious invention, a sane judgment, a

various scholarship, familiarity with courts and public affairs, high

birth and breeding, a temperate, courteous, and liberal disposition, and,

in fine, honey, sugar, salt, freedom, and hilarity in his discourse." p.

268.

[34] Castro, Biblioteca Española, tom. i. p. 273.

[35] Perhaps the most conspicuous of these historical compositions for

mere literary execution is the Chronicle of Alvaro de Luna, to which I

have had occasion to refer, edited in 1784, by Flores, the diligent

secretary of the Royal Academy of History. He justly commends it for the

purity and harmony of its diction. The loyalty of the chronicler seduces

him sometimes into a swell of panegyric, which may he thought to savor too

strongly of the current defect of Castilian prose; but it more frequently

imparts to his narrative a generous glow of sentiment, raising it far

above the lifeless details of ordinary history, and occasionally even to

positive eloquence.

Nic. Antonio, in the tenth book of his great repository, has assembled the

biographical and bibliographical notices of the various Spanish authors of

the fifteenth century, whose labors diffused a glimmering of light over

their own age, which has become faint in the superior illumination of the

succeeding.

[36] Sempere, in his Historia del Luxo, (tom. i. p. 177,) has published an

extract from an unprinted manuscript of the celebrated marquis of Villena,

entitled _Triunfo de las Doñas_, in which, adverting to the _petits-

maîtres_ of his time, he recapitulates the fashionable arts employed by

them for the embellishment of the person, with a degree of minuteness

which might edify a modern _dandy_.

[37] Crónica de Juan II., p. 499.--Faria y Sousa, Europa Portuguesa,

(1679,) tom. ii. pp. 335, 372.

[38] Crónica de Alvaro de Luna, tit. 128.--Crónica de Juan II., pp. 457,

460, 572.--Abarca, Reyes de Aragon, tom. ii. fol. 227, 228.--Garibay,

Compendio Historial de las Chrónicas de España, (Barcelona, 1628,) tom.

ii. p. 493.

[39] Crónica de Alvaro de Luna, tit. 128.--What a contrast to all this is

afforded by the vivid portrait, sketched by John de Mena, of the constable

in the noontide of his glory.

"Este caualga sobre la fortuna

y doma su cuello con asperas riendas

y aunque del tenga tan muchas de prendas

ella non le osa tocar de ninguna," etc.

Laberinto, coplas 235 et seq.

[40] Cibdareal, Centon Epistolario, ep. 103.--Crónica de Juan II., p.

564.--Crónica de Alvaro de Luna, tit. 128, and Apend. p. 458.

[41] Entitled "Doctrinal de Privados." See the Cancionero General, fol. 37

et seq.--In the following stanza, the constable is made to moralize with

good effect on the instability of worldly grandeur.

"Quo se hizo la moneda

que guarde para mis daños

tantos tiempos tantos años

plata joyas oro y seda

y de todo no me queda

sine este cadahalso;

mundo malo mundo falso

no ay quien contigo pueda."

Manrique has the same sentiments in his exquisite "Coplas." I give

Longfellow's version, as spirited as it is literal.

"Spain's haughty Constable,--the great

And gallant Master,--cruel fate

Stripped him of all.

Breathe not a whisper of his pride,

He on the gloomy scaffold died,

Ignoble fall!

The countless treasures of his care,

Hamlets and villas green and fair,

His mighty power,--

What were they all but grief and shame,

Tears and a broken heart,--when came.

The parting hour!"

Stanza 21.

[42] Cibdareal, Centon Epistolario, ep. 103.--Crónica de Alvaro de Luna,

tit. 128.

[43] Crónica de Juan II., p. 576.--Cibdareal, Centon Epistolario, epist.

105.

There has been considerable discrepancy, even among cotemporary writers,

both as to the place and the epoch of Isabella's birth, amounting, as

regards the latter, to nearly two years. I have adopted the conclusion of

Señor Clemencin, formed from a careful collation of the various

authorities, in the sixth volume of the Memorias de la Real Academia de

Historia, (Madrid, 1821,) Ilust. 1, pp. 56-60. Isabella was descended both

on the father's and mother's side from the famous John of Gaunt, duke of

Lancaster. See Florez, Memorias de las Reynas Cathólicas, (2d ed. Madrid,

1770,) tom. ii. pp. 743, 787.

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