LITMIR.BIZ

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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.

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      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

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