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

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.