Volume I Part 20 (2/2)

Thus by a happy presence of mind, an affair, which threatened, at its outset, disastrous consequences, was settled without bloodshed, or compromise of the royal dignity. [5]

In the summer of the following year, 1477, Isabella resolved to pay a visit to Estremadura and Andalusia, for the purpose of composing the dissensions, and introducing a more efficient police, in these unhappy provinces; which, from their proximity to the stormy frontier of Portugal, as well as from the feuds between the great houses of Guzman and Ponce de Leon, were plunged in the most frightful anarchy. Cardinal Mendoza and her other ministers remonstrated against this imprudent exposure of her person, where it was so little likely to be respected. But she replied, ”it was true there were dangers and inconveniences to be encountered; but her fate was in G.o.d's hands, and she felt a confidence that he would guide to a prosperous issue such designs as were righteous in themselves and resolutely conducted.”

Isabella experienced the most loyal and magnificent reception from the inhabitants of Seville, where she established her head-quarters. The first days of her residence there were consumed in _fetes_, tourneys, tilts of reeds, and other exercises of the Castilian chivalry. After this she devoted her whole time to the great purpose of her visit, the reformation of abuses. She held her court in the saloon of the alcazar, or royal castle, where she revived the ancient practice of the Castilian sovereigns, of presiding in person over the administration of justice.

Every Friday, she took her seat in her chair of state, on an elevated platform covered with cloth of gold, and surrounded by her council, together with the subordinate functionaries, and the insignia of a court of justice. The members of her privy council, and of the high court of criminal law, sat in their official capacity every day in the week; and the queen herself received such suits as were referred to her adjudication, saving the parties the usual expense and procrastination of justice.

By the extraordinary despatch of the queen and her ministers, during the two months that she resided in the city, a vast number of civil and criminal causes were disposed of, a large amount of plundered property was restored to its lawful owners, and so many offenders were brought to condign punishment, that no less than four thousand suspected persons, it is computed, terrified by the prospect of speedy retribution for their crimes, escaped into the neighboring kingdoms of Portugal and Granada. The worthy burghers of Seville, alarmed at this rapid depopulation of the city, sent a deputation to the queen, to deprecate her anger, and to represent that faction had been so busy of late years in their unhappy town, that there was scarcely a family to be found in it, some of whose members were not more or less involved in the guilt. Isabella, who was naturally of a benign disposition, considering that enough had probably been done to strike a salutary terror into the remaining delinquents, was willing to temper justice with mercy, and accordingly granted an amnesty for all past offences, save heresy, on the condition, however, of a general rest.i.tution of such property as had been unlawfully seized and retained during the period of anarchy. [6]

But Isabella became convinced that all arrangements for establis.h.i.+ng permanent tranquillity in Seville would be ineffectual, so long as the feud continued between the great families of Guzman and Ponce de Leon. The duke of Medina Sidonia and the marquis of Cadiz, the heads of these houses, had possessed themselves of the royal towns and fortresses, as well as of those which, belonging to the city, were scattered over its circ.u.mjacent territory, where, as has been previously stated, they carried on war against each other, like independent potentates. The former of these grandees had been the loyal supporter of Isabella in the War of the Succession. The marquis of Cadiz, on the other hand, connected by marriage with the house of Pacheco, had cautiously withheld his allegiance, although he had not testified his hostility by any overt act. While the queen was hesitating as to the course she should pursue in reference to the marquis, who still kept himself aloof in his fortified castle of Xerez, he suddenly presented himself by night at her residence in Seville, accompanied only by two or three attendants. He took this step, doubtless, from the conviction that the Portuguese faction had nothing further to hope in a kingdom where Isabella reigned not only by the fortune of war, but by the affections of the people; and he now eagerly proffered his allegiance to her, excusing his previous conduct as he best could. The queen was too well satisfied with the submission, however tardy, of this formidable va.s.sal, to call him to severe account for past delinquencies.

She exacted from him, however, the full rest.i.tution of such domains and fortresses as he had filched from the crown and from the city of Seville, on condition of similar concessions by his rival, the duke of Medina Sidonia. She next attempted to establish a reconciliation between these belligerent grandees; but, aware that, however pacific might be their demonstrations for the present, there could be little hope of permanently allaying the inherited feuds of a century, whilst the neighborhood of the parties to each other must necessarily multiply fresh causes of disgust, she caused them to withdraw from Seville to their estates in the country, and by this expedient succeeded in extinguis.h.i.+ng the flame of discord. [7]

In the following year, 1478, Isabella accompanied her husband in a tour through Andalusia, for the immediate purpose of reconnoitring the coast.

In the course of this progress, they were splendidly entertained by the duke and marquis at their patrimonial estates. They afterwards proceeded to Cordova, where they adopted a similar policy with that pursued at Seville, compelling the count de Cabra, connected with the blood royal, and Alonso de Aguilar, lord of Montilla, whose factions had long desolated this fair city, to withdraw into the country, and restore the immense possessions, which they had usurped both from the munic.i.p.ality and the crown. [8]

One example among others may be mentioned, of the rect.i.tude and severe impartiality, with which Isabella administered justice, that occurred in the case of a wealthy Galician knight, named Alvaro Yanez de Lugo. This person, being convicted of a capital offence, attended with the most aggravating circ.u.mstances, sought to obtain a commutation of his punishment, by the payment of forty thousand _doblas_ of gold to the queen, a sum exceeding at that time the annual rents of the crown. Some of Isabella's counsellors would have persuaded her to accept the donative, and appropriate it to the pious purposes of the Moorish war. But, far from being blinded by their sophistry, she suffered the law to take its course, and, in order to place her conduct above every suspicion of a mercenary motive, allowed his estates, which might legally have been confiscated to the crown, to descend to his natural heirs. Nothing contributed more to re-establish the supremacy of law in this reign, than the certainty of its execution, without respect to wealth or rank; for the insubordination, prevalent throughout Castile, was chiefly imputable to persons of this description, who, if they failed to defeat justice by force, were sure of doing so by the corruption of its ministers. [9]

Ferdinand and Isabella employed the same vigorous measures in the other parts of their dominions, which had proved so successful in Andalusia, for the extirpation of the hordes of banditti, and of the robber-knights, who differed in no respect from the former, but in their superior power. In Galicia alone, fifty fortresses, the strongholds of tyranny, were razed to the ground, and fifteen hundred malefactors, it was computed, were compelled to fly the kingdom. ”The wretched inhabitants of the mountains,”

says a writer of that age, ”who had long since despaired of justice, blessed G.o.d for their deliverance, as it were, from a deplorable captivity.” [10]

While the sovereigns were thus personally occupied with the suppression of domestic discord, and the establishment of an efficient police, they were not inattentive to the higher tribunals, to whose keeping, chiefly, were intrusted the personal rights and property of the subject. They reorganized the royal or privy council, whose powers, although, as has been noticed in the Introduction, princ.i.p.ally of an administrative nature, had been gradually encroaching on those of the superior courts of law.

During the last century, this body had consisted of prelates, knights, and lawyers, whose numbers and relative proportions had varied in different times. The right of the great ecclesiastics and n.o.bles to a seat in it was, indeed, recognized, but the transaction of business was reserved for the counsellors specially appointed. [11] Much the larger proportion of these, by the new arrangement, was made up of jurists, whose professional education and experience eminently qualified them for the station. The specific duties and interior management of the council were prescribed with sufficient accuracy. Its authority as a court of justice was carefully limited; but, as it was charged with the princ.i.p.al executive duties of government, it was consulted in all important transactions by the sovereigns, who paid great deference to its opinions, and very frequently a.s.sisted at its deliberations. [12]

No change was made in the high criminal court of _alcaldes de corte_, except in its forms of proceeding. But the royal audience, or chancery, the supreme and final court of appeal in civil causes, was entirely remodelled. The place of its sittings, before indeterminate, and consequently occasioning much trouble and cost to the litigants, was fixed at Valladolid. Laws were pa.s.sed to protect the tribunal from the interference of the crown, and the queen was careful to fill the bench with magistrates whose wisdom and integrity would afford the best guaranty for a faithful interpretation of the law. [13]

In the cortes of Madrigal (1476), and still more in the celebrated one of Toledo (1480), many excellent provisions were made for the equitable administration of justice, as well as for regulating the tribunals. The judges were to ascertain every week, either by personal inspection, or report, the condition of the prisons, the number of the prisoners, and the nature of the offences for which they were confined. They were required to bring them to a speedy trial, and afford every facility for their defence.

An attorney was provided at the public expense, under the t.i.tle of ”advocate for the poor,” whose duty it was to defend the suits of such as were unable to maintain them at their own cost. Severe penalties were enacted against venality in the judges, a gross evil under the preceding reigns, as well as against such counsel as took exorbitant fees, or even maintained actions that were manifestly unjust. Finally, commissioners were appointed to inspect and make report of the proceedings of munic.i.p.al and other inferior courts throughout the kingdom. [14]

The sovereigns testified their respect for the law by reviving the ancient, but obsolete practice of presiding personally in the tribunals, at least once a week. ”I well remember,” says one of their court, ”to have seen the queen, together with the Catholic king, her husband, sitting in judgment in the alcazar of Madrid, every Friday, dispensing justice to all such, great and small, as came to demand it. This was indeed the golden age of justice,” continues the enthusiastic writer, ”and since our sainted mistress has been taken from us, it has been more difficult, and far more costly, to transact business with a stripling of a secretary, than it was with the queen and all her ministers.” [15]

By the modifications then introduced, the basis was laid of the judiciary system, such as it has been perpetuated to the present age. The law acquired an authority, which, in the language of a Spanish writer, ”caused a decree, signed by two or three judges, to be more respected since that time, than an army before.” [16] But perhaps the results of this improved administration cannot be better conveyed than in the words of an eye- witness. ”Whereas,” says Pulgar, ”the kingdom was previously filled with banditti and malefactors of every description, who committed the most diabolical excesses, in open contempt of law, there was now such terror impressed on the hearts of all, that no one dared to lift his arm against another, or even to a.s.sail him with contumelious or discourteous language.

The knight and the squire, who had before oppressed the laborer, were intimidated by the fear of that justice, which was sure to be executed on them; the roads were swept of the banditti; the fortresses, the strong- holds of violence, were thrown open, and the whole nation, restored to tranquillity and order, sought no other redress, than that afforded by the operation of the law.” [17]

II. Codification of the laws. Whatever reforms might have been introduced into the Castilian judicatures, they would have been of little avail, without a corresponding improvement in the system of jurisprudence by which their decisions were to be regulated. This was made up of the Visigothic code, as the basis, the _fueros_ of the Castilian princes, as far back as the eleventh century, and the ”Siete Partidas,” the famous compilation of Alfonso the Tenth, digested chiefly from maxims of the civil law. [18] The deficiencies of these ancient codes had been gradually supplied by such an acc.u.mulation of statutes and ordinances, as rendered the legislation of Castile in the highest degree complex, and often contradictory. The embarra.s.sment resulting from this, occasioned, as may be imagined, much tardiness, as well as uncertainty, in the decisions of the courts, who, despairing of reconciling the discrepancies in their own law, governed themselves almost exclusively by the Roman, so much less accommodated, as it was, than their own, to the genius of the national inst.i.tutions, as well as to the principles of freedom. [19]

The nation had long felt the pressure of these evils, and made attempts to redress them in repeated cortes. But every effort proved unavailing, during the stormy or imbecile reigns of the princes of Trastamara. At length, the subject having been resumed in the cortes of Toledo, in 1480, Dr. Alfonso Diaz de Montalvo, whose professional science had been matured under the reigns of three successive sovereigns, was charged with the commission of revising the laws of Castile, and of compiling a code, which should be of general application throughout the kingdom.

This laborious undertaking was accomplished in little more than four years; and his work, which subsequently bore the t.i.tle of _Ordenancas Reales_, was published, or, as the privilege expresses it, ”written with types,” _excrito de letra de molde_, at Huete, in the beginning of 1485. It was one of the first works, therefore, which received the honors of the press in Spain; and surely none could have been found, at that period, more deserving of them. It went through repeated editions in the course of that, and the commencement of the following century. [20] It was admitted as paramount authority throughout Castile; and, although the many innovations, which were introduced in that age of reform, required the addition of two subsidiary codes in the latter years of Isabella, the ”Ordenancas” of Montalvo continued to be the guide of the tribunals down to the time of Philip the Second; and may be said to have suggested the idea, as indeed it was the basis of the comprehensive compilation, ”Nueva Recopilacion,” which has since formed the law of the Spanish monarchy.

[21]

III. Depression of the n.o.bles. In the course of the preceding chapters, we have seen the extent of the privileges const.i.tutionally enjoyed by the aristocracy, as well as the enormous height to which they had swollen under the profuse reigns of John the Second, and Henry the Fourth. This was such, at the accession of Ferdinand and Isabella, as to disturb the balance of the const.i.tution, and to give serious cause of apprehension both to the monarch and the people. They had introduced themselves into every great post of profit or authority. They had ravished from the crown the estates, on which it depended for its maintenance, as well as dignity.

They coined money in their own mints, like sovereign princes; and they covered the country with their fortified castles, whence they defied the law, and desolated the unhappy land with interminable feuds. It was obviously necessary for the new sovereigns to proceed with the greatest caution against this powerful and jealous body, and, above all, to attempt no measure of importance, in which they would not be supported by the hearty co-operation of the nation.

The first measure, which may be said to have clearly developed their policy, was the organization of the hermandad, which, although ostensibly directed against offenders of a more humble description, was made to bear indirectly upon the n.o.bility, whom it kept in awe by the number and discipline of its forces, and the promptness with which it could a.s.semble them on the most remote points of the kingdom; while its rights of jurisdiction tended materially to abridge those of the seignorial tribunals. It was accordingly resisted with the greatest pertinacity by the aristocracy; although, as we have seen, the resolution of the queen, supported by the constancy of the commons, enabled her to triumph over all opposition, until the great objects of the inst.i.tution were accomplished.

Another measure, which insensibly operated to the depression of the n.o.bility, was making official preferment depend less exclusively on rank, and much more on personal merit, than before. ”Since the hope of guerdon,”

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