CHARLES SWAIN.
Spain has often been regarded as an absolute monarchy; an opinion, no doubt, founded on the absolute measures of her later sovereigns. Ferdinand and Isabella certainly laid the foundation of the royal prerogative by the firmness and ability with which they decreased the power of the nobles, who, until their reign, had been like so many petty sovereigns, each with his independent state, and preserving his authority by the sword alone. When Ferdinand and Isabella, however, united their separate kingdoms under one denomination, neither Castile nor Arragon could be considered as an absolute monarchy. In Castile, the people, as representatives of the cities, had, from, early ages, obtained seats in the Cortes, and so in some measure balanced the power of the aristocracy. The Cortes, similar to our houses of parliament, could enact laws, impose taxes, and redress grievances, often making the condition of granting pecuniary aid to the Sovereign, his consent to the regulations they had laid down, and refusing the grant if he demurred. In addition to these privileges of the Cortes of Castile, the Junta of Arragon could coin money, declare war, and conclude peace; and what was still more remarkable, they could be neither prorogued nor dissolved by their Sovereign without their own consent. Alluding to the Castilians, a few years after the period of our tale, Robertson says—
"The principles of liberty seem to have been better understood, by the Castilians than by any other people in Europe. They had acquired more liberal notions with respect to their own rights and privileges. They had formed more bold and generous sentiments concerning government, and discovered an extent of political knowledge to which the English themselves did not attain till nearly a century afterwards."
When we compare this state of things with the misery and anarchy pervading Castile before the accession of Isabella, we may have some idea of the influence of her vigorous measures, and personal character, on the happiness and freedom of her subjects. The laws indeed existed before, but they wanted the wisdom and moderation of an enlightened Sovereign, to give them force and power to act.
In the kingdom of Arragon, besides the Junta, or National Assemblage, there was always a Justizia, or supreme judge, whose power, in some respects, was even greater than the King's; his person was sacred; he could remove any of the royal ministers whom he deemed unworthy of the trust, and was himself responsible to none but the Cortes or Junta by whom he had been elected. The personal as well as the national rights of the Arragonese, were also more accurately defined than was usual in that age: no native of Arragon could be convicted, imprisoned, or tortured, without fair and legal evidence.[A]
[Footnote A: See History of Spain, by John Bigland.]
Such being the customs of the kingdom of Arragon, the power of the crown was more limited than Ferdinand's capacious mind and desire of dominion chose to endure: the Cortes, or nobles, there were pre-eminent; the people, as the Sovereign, ciphers, save that the rights of the former were more cared for than the authority of the latter. But Ferdinand was not merely ambitious; he had ability and energy, and so gradually were his plans achieved that he encountered neither rebellion nor dislike. The Cortes found that he frequently and boldly transacted business of importance without their interference; intrusted offices of state to men of inferior rank, but whose abilities were the proof of his discernment; took upon himself the office of Justizia, and, in conjunction with Isabella, re-established an institution which had fallen into disuse through the civil wars, but which was admirably suited for the internal security of their kingdom by the protection of the peasantry and lower classes: it was an association of all the cities of Castile and Arragon, known as the Sainta Hermandad, or Holy Brotherhood, to maintain a strong body of troops for the protection of travellers, and the seizure of criminals, who were brought before judges nominated by the confederated cities, and condemned according to their crime, without any regard to feudal laws. Against this institution the nobles of both kingdoms were most violently opposed, regarding it as the complete destroyer, which in reality it was, of all their feudal privileges, and taking from them the long possessed right of trying their own fiefs, and the mischievous facility of concealing their own criminals.
Thus much of history—a digression absolutely necessary for the clear elucidation of Ferdinand and Isabella's conduct with regard to the events just narrated. The trial of Arthur Stanley they had resolved should be conducted with all the formula of justice, the more especially that the fact of his being a foreigner had prejudiced many minds against him. Ferdinand himself intended to preside at the trial, with a select number of peers, to assist in the examination, and pronounce sentence, or confirm the royal mandate, as he should think fit. Nor was this an extraordinary resolution. Neither the victim, nor the supposed criminal, was of a rank which allowed a jury of an inferior grade. Morales had been fief to Isabella alone; and on Ferdinand, as Isabella's representative, fell the duty of his avenger. Arthur Stanley owned no feudal lord in Spain, save, as a matter of courtesy, the King, whose arms he bore. He was accountable, then, according to the feudal system, which was not yet entirely extinct, to Ferdinand alone for his actions, and before him must plead his innocence, or receive sentence for his crime. As his feudal lord, or suzerain, Ferdinand might at once have condemned him to death; but this summary proceeding was effectually prevented by the laws of Arragon and the office of the Holy Brotherhood; and therefore, in compliance with their mandates, royal orders were issued that every evidence for or against the prisoner should be carefully collected preparatory to the trial. More effectually to do this, the trial was postponed from seven to fourteen days after the discovery of the murder.
The excitement which this foul assassination excited in Segovia was so extreme, that the nobles were compelled to solicit Isabella's personal interference, in quieting the populace, and permitting the even course of justice: they had thronged in tumultuary masses round the prison where Stanley was confined, with wild shouts and imprecations, demanding his instant surrender to their rage, mingling groans and lamentations with yells and curses, in the most fearful medley. Old Pedro, who had been Arthur's host, unwittingly added fuel to the flame, by exulting in his prophecy that evil would come of Ferdinand's partiality for the white-faced foreigner; that he had seen it long, but guessed not how terribly his mutterings would end. By the Queen's permission, the chamber of state in which the body lay was thrown open to the eager citizens, who thronged in such crowds to behold the sole remains of one they had well nigh idolized, that the guards were compelled to permit the entrance of only a certain number every day. Here was neither state nor pomp to arrest the attention of the sight-loving populace: nought of royalty or gorgeous symbols. No; men came to pay the last tribute of admiring love and sorrow to one who had ever, noble as he was by birth, made himself one with them, cheering their sorrows, sharing their joys; treating age, however poor or lowly, with the reverence springing from the heart, inspiring youth to deeds of worth and honor, and by his own example, far more eloquently than by his words, teaching all and every age the duties demanded by their country and their homes, to their families and themselves. And this man was snatched from them, not alone by the ruthless hand of death, but by midnight murder. Was it marvel, the very grief his loss occasioned should rouse to wildest fury men's passions against his murderer?
It was the evening of the fifth day after the murder, that with a degree of splendor and of universal mourning, unrivalled before in the interment of any subject, the body of Ferdinand Morales was committed to the tomb. The King himself, divested of all insignia of royalty, bareheaded, and in a long mourning cloak, headed the train of chief mourners, which, though they counted no immediate kindred, numbered twenty or thirty of the highest nobles, both of Arragon and Castile. The gentlemen, squires, and pages of Morales' own household followed: and then came on horse and on foot, with arms reversed, and lowered heads, the gallant troops who had so often followed Morales to victory, and under him had so ably aided in placing Isabella on her throne; an immense body of citizens, all in mourning, closed the procession. Every shop had been closed, every flag half-masted; and every balcony, by which the body passed, hung with black. The cathedral church was thronged, and holy and thrilling the service which consigned dust to dust, and hid for ever from the eyes of his fellow men, the last decaying remains of one so universally beloved. The coffin of ebony and silver, partly open, so as to disclose the face of the corpse, as was customary with Catholic burials of those of high or priestly rank, and the lower part covered with a superb velvet pall, rested before the high altar during the chanted service; at the conclusion of which the coffin was closed, the lid screwed down, and lowered with slow solemnity into the vault beneath. A requiem, chanted by above a hundred of the sweetest and richest voices, sounding in thrilling unison with the deep bass and swelling notes of the organ, had concluded the solemn rites, and the procession departed as it came; but for some days the gloom in the city continued; the realization of the public loss seemed only beginning to be fully felt, as excitement subsided.