Читать книгу The History of the Reign of Ferdinand and Isabella the Catholic (Vol. 1-3) - William Hickling Prescott - Страница 11

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.