Don Frederic de Cardonne, who greatly interested himself for the Duke de Medina Celi, askt her News of him: ‘The King,’ said she, ‘has lately made him President of the Indies. The Queen-Mother has wrote to the King, on the Report which runs, that he is about Marrying; that she is surpriz’d things are already gone so far, and he has not acquainted her with them. She adds in her Letter, She advised him in the mean time, whilst all things were ready for this Ceremony, to make a Journey to Catalonia and Arragon. Don John of Austria sufficiently understands the Necessity of this, and he presses the King to depart, to content these People, in promising by Oath, according as is customary to new Kings, to maintain all their ancient Priviledges.’ ‘Have then, Madam,’ said I to her, interrupting her, ‘the Arrogonois any other Priviledges than the Castillans?’ ‘Very particular ones,’ replied she, ‘and you being a Stranger, I believe you will be willing to let me inform you of them.’ Here’s what I learnt:
The Daughter of Count Julien, named Cava, was one of the most beautiful Ladies in the World: King Rodrigue became so passionately in love with her, that his Affection knowing no Bounds, transported him beyond all measure. The Father, who was then in Affrica, inform’d of the Outrage done his Daughter, who breath’d nothing but Revenge, treated with the Moors, and supplied ’em with the means to enter into Spain,[[3]] and to make there, for sundry Ages, all those Ravages set forth at large in History.
The Arragonois were the first who shook off the Yoak of these Barbarians; and finding no more among them any Princes of the Race of Gothish Kings, they agreed to Elect one, and cast their eyes on a Lord of the Country, call’d Garci Ximinex; but they being Masters, to impose Laws on him, and finding himself sufficiently Happy that he might Rule over them under any Condition, these People therefore confined him within narrow Bounds.
They agreed, That as soon as their Monarch shou’d break through any of their Laws, he shou’d immediately forfeit his Power, and they be at full liberty to chuse another, though he were a Pagan: and to hinder him from violating their Priviledges, and to defend themselves against him, they establisht a Soveraign Magistrate, whom they call’d the Justicia, whose Office was to observe the Conduct of the King, the Judges, and the People: but the Power of a Soveraign being likely to Awe a meer Particular, to Assure the Justicia in the Execution of his Office, they ordered, That he might not suffer either in his Person or Goods, but by a compleat Assembly of the States, which they call Las Cortes.
They moreover provided, That if the King shou’d Oppress any one of his Subjects, the great and considerable Men of the Kingdom might assemble themselves, and hinder his receiving any of his Revenues, till the Innocent was acquitted, and re-establisht in his former Rights. And to make Garci Ximinez timely sensible of the Power this Man had over him, they set him on a kind of a Throne, and made the King to kneel down bare headed before him, to receive from him his Oath of keeping their Priviledges. This Ceremony ended, they acknowledge him their Soveraign, but in as odd as disrespectful a Manner, for instead of promising him Fidelity and Obedience, they say to him, ‘We who are as good Men as yourself, we make you our King and Governour, on Condition you keep to us our Rights and Properties, otherwise we Disacknowledge you.’
The King, Don Pedro, in process of time coming to the Crown, rellisht this Custom, as unworthy of the Regal State; and it so greatly disgusted him, that by his Authority and Intreaties, and the Offers he made of bestowing several notable Priviledges on the Kingdom, he procured the Abolishment of this, in an Assembly of the States: he got this general Consent in Writing, which was presented to him. As soon as he had the Parchment, he drew out his Dagger, and pierced his Hand with it, saying, ‘’Twas fit a Law which gave Subjects the Liberty of chusing their Soveraign, should be Efaced with their Sovereign’s Bloud.’ His Statue is still seen in the Deputation-hall of Saragossa: he holds a Dagger in one Hand, and the Charter in the other. The late Kings have not been such Religious Observers of their Priviledges as the first.
But there is a Law still in force, and which is very singular, and this they call, ‘The Law of Manifestation’; which is, That if an Arragonois had Wrong done him in Judgment, in consigning 500 Crowns, he may bring his Cause before the Justicia, who is obliged, after an exact Perquisition, to punish him who has giv’n a wrong Sentence: And if he fails therein, the opprest Person may have Recourse to the States of the Kingdom, who Assemble and Nominate five Persons of their Body, which is to say, of the Prime Nobility, the Ecclesiasticks, the Gentry and Commonalty: they appoint three out of the first Rank, and two from each of the others. But it is observable, they choose the most Ignorant to Judge the most able Men in the Gown, whether to Disgrace ’em the more for their Fault, or, as they alledge, ‘That Justice should be so clear, that the very Plow-men, and those who understand the least, should discern it without the help of Oratory.’ It is likewise affirm’d, That the Judges tremble when they pronounce a Sentence, fearing lest it turn against themselves, to the loss of their Lives or Estates, should they commit the least Fault therein, either wilfully, or through Inadvertency. It were well if this Custom were observed in all Kingdoms: but this is rather to be wish’d than expected.
Yet what is no less singular, is, That Justice remains always Soveraign; and though the Unjust Judge be punish’d severely for his wrong Decree, yet it subsists in its full force, and is fully executed: If then any Unhappy Wretch be sentenced to Death, he is not spared, tho’ his Innocency be discovered, and made as clear as Noon-day; but his Judges are executed too before his Face; which, in my mind, is a poor Consolation. If the Judge accused, has justly perform’d his Office, the Plaintiff leaves the 500 Crowns which he had consign’d: But were he to lose an 100000 Crowns of Annual Revenue, by the Sentence he complains of, the Sentence or Decree remains good, and the Judge is only condemn’d to pay him likewise 500 Crowns; the rest of this Judge’s Estate is forfeited to the King: which is, in my Opinion, another Point of Injustice; for in fine, he ought, above all others, to have Recompense made him who suffers by a wrong Sentence.
These same People have another Custom, to distinguish by the Punishment the Crime committed: for Example, A Cavalier, who has kill’d another in Duel (for they are here strictly forbid), he has his Head cut off before; and he that has Assassinated, his is cut off behind. This is to distinguish him who has behaved himself like a brave Man, from him that kills you Treacherously.
She added, That to speak in general of the Arragonois, They have a Natural Pride, which is hard to be suppress’d: but likewise to do them Justice, there are people of brave Minds to be found among them; insomuch, that they are easily discern’d from all the rest of the King of Spain’s Subjects: That they have never wanted Great Men, from their first King to Ferdinand: That they counted such a great number of them, as would scarce be believ’d: However, they have greatly recommended themselves by their Valour and Conduct. That as to the rest, their Country was so little fruitful, that excepting some Valleys which were watered by Channels, whose Water came from the Ebre, the rest was so dry and sandy, that you meet with scarce any thing else but stony and parched up places: That Sarragossa is a great City, the Houses finer than at Madrid; the Publick Places adorn’d with Arches; that the Holy Street, where the Courses are run, is so long and large, as may make it pass for a great and vast place, having several great Mens Palaces on it; that of Castel-morato being one of the pleasantest: That the Vault of St. Francis’s Church was very curious, for being of extraordinary Largeness, yet ’tis upheld by no Pillars: That the City is not strong, but the Inhabitants so stout, that it needed no Walls; that it has never a Fountain, this being one of its greatest Defects: That the Ebre carried no Boats, the River being full of dangerous Rocks. As to the rest, the Archbishoprick was worth 60000 Crowns a year: That the Vice-Royalty brought in no Revenue, being a Place of Honour, fit only for great Lords to bear the Expence of it, to maintain their Rank, and keep the People under, who are Naturally Fierce and Imperious, not Affable to Strangers; and so little desirous of making Acquaintance, that they chuse rather to stay at Home alone all their Life-time, than stir out to procure Friendships: That here is a severe Inquisition, who have a stately Palace, and a most Rigid Court of Justice; Yet this does not hinder great Troops of Robbers, call’d Bandoleros, from Ravaging, and dispersing themselves over all Spain; who give no Quarter to Travellers, snatching up sometimes Women of Quality, whom they afterwards set at Ransom, for their Parents to Redeem; but when they are Handsome they keep them: And this is the greatest Misfortune can happen to ’em, being forced to spend their Days with the Worst of Men, who keep them in dreadful Caves, or carry them along with them on Horse-back, being so furiously jealous of ’em, that one of their Captains (having been lately set upon by Souldiers sent into the Mountains to seize on him) being mortally wounded, and having his Mistress with him, who was of the Marquess de Camaraza, a Grandee of Spain’s Family; When she saw him in this Condition, she thought only of making Use of this favourable Opportunity of saving her self; which he perceiving, dying, as he was, he catch’d hold of her Hair, and struck his Dagger into her Breast, Being not willing, said he, that another should possess a Treasure which had been so dear to him. And this is what himself acknowledg’d to the Souldiers who found him, and saw this sad Spectacle.