CHAPTER XXIII.

CONQUEST OF NAVARRE.

1512-1513.

Sovereigns of Navarre.—Ferdinand Demands a Passage.—Invasion and
Conquest of Navarre.—Treaty of Orthès.—Ferdinand Settles his Conquests.
—His Conduct Examined.—Gross Abuse of the Victory.

While the Spaniards were thus winning barren laurels on the fields of Italy, King Ferdinand was making a most important acquisition of territory nearer home. The reader has already been made acquainted with the manner in which the bloody sceptre of Navarre passed from the hands of Eleanor, Ferdinand's sister, after a reign of a few brief days, into those of her grandson Phoebus. A fatal destiny hung over the house of Foix; and the latter prince lived to enjoy his crown only four years, when he was succeeded by his sister Catharine.

It was not to be supposed, that Ferdinand and Isabella, so attentive to enlarge their empire to the full extent of the geographical limits which nature seemed to have assigned it, would lose the opportunity now presented of incorporating into it the hitherto independent kingdom of Navarre, by the marriage of their own heir with its sovereign. All their efforts, however, were frustrated by the queen mother Magdaleine, sister of Louis the Eleventh, who, sacrificing the interests of the nation to her prejudices, evaded the proposed match, under various pretexts, and in the end effected a union between her daughter and a French noble, Jean d'Albret, heir to considerable estates in the neighborhood of Navarre. This was a most fatal error. The independence of Navarre had hitherto been maintained less through its own strength, than the weakness of its neighbors. But, now that the petty states around her had been absorbed into two great and powerful monarchies, it was not to be expected, that so feeble a barrier would be longer respected, or that it would not be swept away in the first collision of those formidable forces. But, although the independence of the kingdom must be lost, the princes of Navarre might yet maintain their station by a union with, the reigning family of France or Spain. By the present connection with a mere private individual they lost both the one and the other. [1]

Still the most friendly relations subsisted between the Catholic king and his niece during the lifetime of Isabella. The sovereigns assisted her in taking possession of her turbulent dominions, as well as in allaying the deadly feuds of the Beaumonts and Agramonts, with which they were rent asunder. They supported her with their arms in resisting her uncle Jean, viscount of Narbonne, who claimed the crown on the groundless pretext of its being limited to male heirs. [2] The alliance with Spain was drawn still closer by the avowed purpose of Louis the Twelfth to support his nephew, Gaston de Foix, in the claims of his deceased father. [3] The death of the young hero, however, at Ravenna, wholly changed the relations and feelings of the two countries. Navarre had nothing immediately to fear from France. She felt distrust of Spain on more than one account, especially for the protection afforded the Beaumontese exiles, at the head of whom was the young count of Lerin, Ferdinand's nephew. [4]

France, too, standing alone, and at bay against the rest of Europe, found the alliance of the little state of Navarre of importance to her, especially at the present juncture, when the project of an expedition against Guienne, by the combined armies of Spain and England, naturally made Louis the Twelfth desirous to secure the good-will of a prince, who might be said to wear the keys of the Pyrenees as the king of Sardinia did those of the Alps, at his girdle. With these amicable dispositions, the king and queen of Navarre despatched their plenipotentiaries to Blois, early in May, soon after the battle of Ravenna, with full powers to conclude a treaty of alliance and confederation with the French government. [5]

In the mean time, June 8th, an English squadron arrived at Passage, in Guipuscoa, having ten thousand men on board under Thomas Grey, marquis of Dorset, [6] in order to cooperate with King Ferdinand's army in the descent on Guienne. This latter force, consisting of two thousand five hundred horse, light and heavy, six thousand foot, and twenty pieces of artillery, was placed under Don Fadrique de Toledo, the old duke of Alva, grandfather of the general, who wrote his name in indelible characters of blood in the Netherlands, under Philip the Second. [7] Before making any movement, however, Ferdinand, who knew the equivocal dispositions of the Navarrese sovereigns, determined to secure himself from the annoyance which their strong position enabled them to give him on whatever route he adopted. He accordingly sent to request a free passage through their dominions, with the demand, moreover, that they should intrust six of their principal fortresses to such Navarrese as he should name, as a guarantee for their neutrality during the expedition. He accompanied this modest proposal with the alternative, that the sovereigns should become parties to the Holy League, engaging in that case to restore certain places in his possession, which they claimed, and pledging the whole strength of the confederacy to protect them against any hostile attempts of France. [8]

The situation of these unfortunate princes was in the highest degree embarrassing. The neutrality they had so long and sedulously maintained was now to be abandoned; and their choice, whichever party they espoused, must compromise their possessions on one or the other side of the Pyrenees, in exchange for an ally, whose friendship had proved by repeated experience quite as disastrous as his enmity. In this dilemma they sent ambassadors into Castile, to obtain some modification of the terms, or at least to protract negotiations till some definitive arrangement should be made with Louis the Twelfth. [9]

On the 17th of July, their plenipotentiaries signed a treaty with that monarch at Blois, by which France and Navarre mutually agreed to defend each other, in case of attack, against all enemies whatever. By another provision, obviously directed against Spain, it was stipulated, that neither nation should allow a passage to the enemies of the other through its dominions. And, by a third, Navarre pledged herself to declare war on the English now assembled in Guipuscoa, and all those co-operating with them. [10]

Through a singular accident, Ferdinand was made acquainted with the principal articles of this treaty before its signature. [11] His army had remained inactive in its quarters around Victoria, ever since the landing of the English. He now saw the hopelessness of further negotiation, and, determining to anticipate the stroke prepared for him, commanded his general to invade without delay, and occupy Navarre.

The duke of Alva crossed the borders on the 21st of July, proclaiming that no harm should be offered to those who voluntarily submitted. On the 23d, he arrived before Pampelona. King John, who all the while he had been thus dallying with the lion, had made no provision for defence, had already abandoned his capital, leaving it to make the best terms it could for itself. On the following day, the city, having first obtained assurance of respect for all its franchises and immunities, surrendered; "a circumstance," devoutly exclaims King Ferdinand, "in which we truly discern the hand of our blessed Lord, whose miraculous interposition has been visible through all this enterprise, undertaken for the weal of the church, and the extirpation of the accursed schism." [12]

The royal exile, in the mean while, had retreated to Lumbier, where he solicited the assistance of the duke of Longueville, then encamped on the northern frontier for the defence of Bayonne. The French commander, however, stood too much in awe of the English, still lying in Guipuscoa, to weaken himself by a detachment into Navarre; and the unfortunate monarch, unsupported, either by his own subjects or his new ally, was compelled to cross the mountains, and take refuge with his family in France. [13]

The duke of Alva lost no time in pressing his advantage; opening the way by a proclamation of the Catholic king, that it was intended only to hold possession of the country as security for the pacific disposition of its sovereigns, until the end of his present expedition against Guienne. From whatever cause, the Spanish general experienced so little resistance, that in less than a fortnight he overran and subdued nearly the whole of Upper Navarre. So short a time sufficed for the subversion of a monarchy, which, in defiance of storm and stratagem, had maintained its independence unimpaired, with a few brief exceptions, for seven centuries. [14]

On reviewing these extraordinary events, we are led to distrust the capacity and courage of a prince, who could so readily abandon his kingdom, without so much as firing a shot in its defence. John had shown, however, on more than one occasion, that he was destitute of neither. He was not, it must be confessed, of the temper best suited to the fierce and stirring times on which he was cast. He was of an amiable disposition, social and fond of pleasure, and so little jealous of his royal dignity, that he mixed freely in the dances and other entertainments of the humblest of his subjects. His greatest defect was the facility with which he reposed the cares of state on favorites, not always the most deserving. His greatest merit was his love of letters. [15] Unfortunately, neither his merits nor defects were of a kind best adapted to extricate him from his present perilous situation, or enable him to cope with his wily and resolute adversary. For this, however, more commanding talents might well have failed. The period had arrived, when, in the regular progress of events, Navarre must yield up her independence to the two great nations on her borders; who, attracted by the strength of her natural position, and her political weakness, would be sure, now that their own domestic discords were healed, to claim each the moiety, which seemed naturally to fall within its own territorial limits. Particular events might accelerate or retard this result, but it was not in the power of human genius to avert its final consummation.

King Ferdinand, who descried the storm now gathering on the side of France, resolved to meet it promptly, and commanded his general to cross the mountains, and occupy the districts of Lower Navarre. In this he expected the co-operation of the English. But he was disappointed. The marquis of Dorset alleged that the time consumed in the reduction of Navarre made it too late for the expedition against Guienne, which was now placed in a posture of defence. He loudly complained that his master had been duped by the Catholic king, who had used his ally to make conquests solely for himself; and, in spite of every remonstrance, he re-embarked his whole force, without waiting for orders; "a proceeding," says Ferdinand in one of his letters, "which touches me most deeply, from the stain it leaves on the honor of the most serene king my son-in-law, and the glory of the English nation, so distinguished in times past for high and chivalrous emprize." [16]

The duke of Alva, thus unsupported, was no match for the French under Longueville, strengthened, moreover, by the veteran corps returned from Italy, with the brave La Palice. Indeed, he narrowly escaped being hemmed in between the two armies, and only succeeded in anticipating by a few hours the movements of La Palice, so as to make good his retreat through the pass of Roncesvalles, and throw himself into Pampelona. [17] Hither he was speedily followed by the French general, accompanied by Jean d'Albret. On the 27th of November, the besiegers made a desperate though ineffectual assault on the city, which was repeated with equal ill fortune on the two following days. The beleaguering forces, in the mean time, were straitened for provisions; and at length, after a siege of some weeks, on learning the arrival of fresh reinforcements under the duke of Najara, [18] they broke up their encampment, and withdrew across the mountains; and with them faded the last ray of hope for the restoration of the unfortunate monarch of Navarre. [19]

On the 1st of April, in the following year, 1513, Ferdinand effected a truce with Louis the Twelfth, embracing their respective territories west of the Alps. It continued a year, and at its expiration was renewed for a similar time. [20] This arrangement, by which Louis sacrificed the interests of his ally the king of Navarre, gave Ferdinand ample time for settling and fortifying his new conquests; while it left the war open in a quarter, where he well knew, others were more interested than himself to prosecute it with vigor. The treaty must be allowed to be more defensible on the score of policy, than of good faith. [21] The allies loudly inveighed against the treachery of their confederate, who had so unscrupulously sacrificed the common interest, by relieving France from the powerful diversion he was engaged to make on her western borders. It is no justification of wrong, that similar wrongs have been committed by others; but those who commit them (and there was not one of the allies, who could escape the imputation, amid the political profligacy of the times,) certainly forfeit the privilege to complain. [22]

Ferdinand availed himself of the interval of repose, now secured, to settle his new conquests. He had transferred his residence first to Burgos and afterwards to Logroño, that he might be near the theatre of operations. He was indefatigable in raising reinforcements and supplies, and expressed his intention at one time, notwithstanding the declining state of his health, to take the command in person. He showed his usual sagacity in various regulations for improving the police, healing the domestic feuds,—as fatal to Navarre as the arms of its enemies,—and confirming and extending its municipal privileges and immunities, so as to conciliate the affections of his new subjects. [23]

On the 23d of March, 1513, the estates of Navarre took the usual oaths of allegiance to King Ferdinand. [24] On the 15th of June, 1515, the Catholic monarch by a solemn act in cortes, held at Burgos, incorporated his new conquests into the kingdom of Castile. [25] The event excited some surprise, considering his more intimate relations with Aragon. But it was to the arms of Castile that he was chiefly indebted for the conquest; and it was on her superior wealth and resources that he relied for maintaining it. With this was combined the politic consideration, that the Navarrese, naturally turbulent and factious, would be held more easily in subordination when associated with Castile, than with Aragon, where the spirit of independence was higher, and often manifested itself in such bold assertion of popular rights, as falls most unwelcome on a royal ear. To all this must be added the despair of issue by his present marriage, which had much abated his personal interest in enlarging the extent of his patrimonial domains.

Foreign writers characterize the conquest of Navarre as a bold, unblushing usurpation, rendered more odious by the mask of religious hypocrisy. The national writers, on the other hand, have employed their pens industriously to vindicate it; some endeavoring to rake a good claim for Castile out of its ancient union with Navarre, almost as ancient, indeed, as the Moorish conquest. Others resort to considerations of expediency, relying on the mutual benefits of the connection to both kingdoms; arguments which prove little else than the weakness of the cause. [26] All lay more or less stress on the celebrated bull of Julius the Second, of February 18th, 1512, by which he excommunicated the sovereigns of Navarre, as heretics, schismatics, and enemies of the church, releasing their subjects from their allegiance, laying their dominions under an interdict, and delivering them over to any who should take, or had already taken, possession of them. [27] Most, indeed, are content to rest on this, as the true basis and original ground of the conquest. The total silence of the Catholic king respecting this document, before the invasion, and the omission of the national historians since to produce it, have caused much skepticism as to its existence. And, although its recent publication puts this beyond doubt, the instrument contains, in my judgment, strong internal evidence for distrusting the accuracy of the date affixed to it, which should have been posterior to the invasion; a circumstance materially affecting the argument; and which makes the papal sentence, not the original basis of the war, but only a sanction subsequently obtained to cover its injustice, and authorize retaining the fruits of it. [28]

But, whatever authority such a sanction may have had in the sixteenth century, it will find little respect in the present, at least beyond the limits of the Pyrenees. The only way, in which the question can be fairly tried, must be by those maxims of public law universally recognized as settling the intercourse of civilized nations; a science, indeed, imperfectly developed at that time, but in its general principles the same as now, founded, as these are, on the immutable basis of morality and justice.

We must go back a step beyond the war, to the proximate cause of it. This was Ferdinand's demand of a free passage for his troops through Navarre. The demand was perfectly fair, and in ordinary cases would doubtless have been granted by a neutral nation. But that nation must, after all, be the only judge of its propriety, and Navarre may find a justification for her refusal on these grounds. First, that, in her weak and defenceless state, it was attended with danger to herself. Secondly, that, as by a previous and existing treaty with Spain, the validity of which was recognized in her new one of July 17th with France, she had agreed to refuse the right of passage to the latter nation, she consequently could not grant it to Spain without a violation of her neutrality. [29] Thirdly, that the demand of a passage, however just in itself, was coupled with another, the surrender of the fortresses, which must compromise the independence of the kingdom. [30]

But although, for these reasons, the sovereigns of Navarre were warranted in refusing Ferdinand's request, they were not therefore authorized to declare war against him, which they virtually did by entering into a defensive alliance with his enemy Louis the Twelfth, and by pledging themselves to make war on the English and their confederates; an article pointedly directed at the Catholic king.

True, indeed, the treaty of Blois had not received the ratification of the Navarrese sovereigns; but it was executed by their plenipotentiaries duly authorized; and, considering the intimate intercourse between the two nations, was undoubtedly made with their full knowledge and concurrence. Under these circumstances, it was scarcely to be expected, that King Ferdinand, when an accident had put him in possession of the result of these negotiations, should wait for a formal declaration of hostilities, and thus deprive himself of the advantage of anticipating the blow of his enemy.

The right of making war would seem to include that of disposing of its fruits; subject, however, to those principles of natural equity, which should regulate every action, whether of a public or private nature. No principle can be clearer, for example, than that the penalty should be proportioned to the offence. Now that inflicted on the sovereigns of Navarre, which went so far as to dispossess them of their crown, and annihilate the political existence of their kingdom, was such as nothing but extraordinary aggressions on the part of the conquered nation, or the self-preservation of the victors, could justify. As neither of these contingencies existed in the present case, Ferdinand's conduct must be regarded as a flagrant example of the abuse of the rights of conquest. We have been but too familiar, indeed, with similar acts of political injustice, and on a much larger scale, in the present civilized age. But, although the number and splendor of the precedents may blunt our sensibility to the atrocity of the act, they can never constitute a legitimate warrant for its perpetration.

While thus freely condemning Ferdinand's conduct in this transaction, I cannot go along with those, who, having inspected the subject less minutely, are disposed to regard it as the result of a cool, premeditated policy from the outset. The propositions originally made by him to Navarre appear to have been conceived in perfect good faith. The requisition of the fortresses, impudent as it may seem, was nothing more than had been before made in Isabella's time, when it had been granted, and the security subsequently restored, as soon as the emergency had passed away. [31] The alternative proposed, of entering into the Holy League, presented many points of view so favorable to Navarre, that Ferdinand, ignorant, as he then was, of the precise footing on which she stood with France, might have seen no improbability in her closing with it. Had either alternative been embraced, there would have been no pretext for the invasion. Even when hostilities had been precipitated by the impolitic conduct of Navarre, Ferdinand (to judge, not from his public manifestoes only, but from his private correspondence) would seem to have at first contemplated holding the country only till the close of his French expedition. [32] But the facility of retaining these conquests, when once acquired, was too strong a temptation. It was easy to find some plausible pretext to justify it, and obtain such a sanction from the highest authority, as should veil the injustice of the transaction from the world,—and from his own eyes. And that these were blinded is but too true, if, as an Aragonese historian declares, he could remark on his death-bed, "that, independently of the conquest having been undertaken at the instance of the sovereign pontiff, for the extirpation of the schism, he felt his conscience as easy in keeping it, as in keeping his crown of Aragon." [33]

* * * * *

I have made use of three authorities exclusively devoted to Navarre, in the present History. 1. "L'Histoire du Royaume de Navarre, par un des Secrétaires Interprettes de sa Maiesté" Paris, 1596, 8vo. This anonymous work, from the pen of one of Henry IV.'s secretaries, is little else than a meagre compilation of facts, and these deeply colored by the national prejudices of the writer. It derives some value from this circumstance, however, in the contrast it affords to the Spanish version of the same transactions. 2. A tract entitled "Aelii Antonii Nebrissensis de Bello Navariensi Libri Duo." It covers less than thirty pages folio, and is chiefly occupied, as the title imports, with the military events of the conquest by the duke of Alva. It was originally incorporated in the volume containing its learned author's version, or rather paraphrase, of Pulgar's Chronicle, with some other matters; and first appeared from the press of the younger Lebrija, "apud inclytam Granatam, 1545." 3. But the great work illustrating the history of Navarre is the "Annales del Reyno;" of which the best edition is that in seven volumes, folio, from the press of Ibañez, Pamplona, 1766. Its typographical execution would be creditable to any country. The three first volumes were written by Moret, whose profound acquaintance with the antiquities of his nation has made his book indispensable to the student of this portion of its history. The fourth and fifth are the continuation of his work by Francisco de Aleson, a Jesuit who succeeded Moret as historiographer of Navarre. The two last volumes are devoted to investigations illustrating the antiquities of Navarre, from the pen of Moret, and are usually published separately from his great historic work. Aleson's continuation, extending from 1350 to 1527, is a production of considerable merit. It shows extensive research on the part of its author, who, however, has not always confined himself to the most authentic and accredited sources of information. His references exhibit a singular medley of original contemporary documents, and apocryphal authorities of a very recent date. Though a Navarrese, he has written with the impartiality of one in whom local prejudices were extinguished in the more comprehensive national feelings of a Spaniard.