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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

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