The History of the Reign of Ferdinand and Isabella the Catholic — Volume 1

by William Hickling Prescott

The Aragonese writers are prodigal of their encomiums on the pre-eminence and dignity of this functionary, whose office might seem, indeed, but a doubtful expedient for balancing the authority of the sovereign; depending for its success less on any legal powers confided to it, than on the efficient and constant support of public opinion. Fortunately the Justice of Aragon uniformly received such support, and was thus enabled to carry the original design of the institution into effect, to check the usurpations of the crown, as well as to control the license of the nobility and the people. A series of learned and independent magistrates, by the weight of their own character, gave additional dignity to the office. The people, familiarized with the benignant operation of the law, referred to peaceful arbitration those great political questions, which, in other countries at this period, must have been settled by a sanguinary revolution. [65] While, in the rest of Europe, the law seemed only the web to ensnare the weak, the Aragonese historians could exult in the reflection, that the fearless administration of justice in their land "protected the weak equally with the strong, the foreigner with the native." Well might their legislature assert, that the value of their liberties more than counterbalanced "the poverty of the nation, and the sterility of their soil." [66]

The governments of Valencia and Catalonia, which, as has been already remarked, were administered independently of each other after their consolidation into one monarchy, bore a very near resemblance to that of Aragon. [67] No institution, however, corresponding in its functions with that of the Justicia, seems to have obtained in either. [68] Valencia, which had derived a large portion of its primitive population, after the conquest, from Aragon, preserved the most intimate relations with the parent kingdom, and was constantly at its side during the tempestuous season of the Union. The Catalans were peculiarly jealous of their exclusive privileges, and their civil institutions wore a more democratical aspect than those of any other of the confederated states; circumstances, which led to important results that fall within the compass of our narrative. [69]

The city of Barcelona, which originally gave its name to the county of which it was the capital, was distinguished from a very early period by ample municipal privileges. [70] After the union with Aragon in the twelfth century, the monarchs of the latter kingdom extended towards it the same liberal legislation; so that, by the thirteenth, Barcelona had reached a degree of commercial prosperity rivalling that of any of the Italian republics. She divided with them the lucrative commerce with Alexandria; and her port, thronged with foreigners from every nation, became a principal emporium in the Mediterranean for the spices, drugs, perfumes, and other rich commodities of the east, whence they were diffused over the interior of Spain and the European continent. [71] Her consuls, and her commercial factories, were established in every considerable port in the Mediterranean and in the north of Europe. [72] The natural products of her soil, and her various domestic fabrics, supplied her with abundant articles of export. Fine wool was imported by her in considerable quantities from England in the fourteenth and fifteenth centuries, and returned there manufactured into cloth; an exchange of commodities the reverse of that existing between the two nations at the present day. [73] Barcelona claims the merit of having established the first bank of exchange and deposit in Europe, in 1401; it was devoted to the accommodation of foreigners as well as of her own citizens. She claims the glory, too, of having compiled the most ancient written code, among the moderns, of maritime law now extant, digested from the usages of commercial nations, and which formed the basis of the mercantile jurisprudence of Europe during the Middle Ages. [74]

The wealth which flowed in upon Barcelona, as the result of her activity and enterprise, was evinced by her numerous public works, her docks, arsenal, warehouses, exchange, hospitals, and other constructions of general utility. Strangers, who visited Spain in the fourteenth and fifteenth centuries, expatiate on the magnificence of this city, its commodious private edifices, the cleanliness of its streets and public squares (a virtue by no means usual in that day), and on the amenity of its gardens and cultivated environs. [75]

But the peculiar glory of Barcelona was the freedom of her municipal institutions. Her government consisted of a senate or council of one hundred, and a body of regidores or counsellors, as they were styled, varying at times from four to six in number; the former intrusted with the legislative, the latter with the executive functions of administration. A large proportion of these bodies were selected from the merchants, tradesmen, and mechanics of the city. They were invested, not merely with municipal authority, but with many of the rights of sovereignty. They entered into commercial treaties with foreign powers; superintended the defence of the city in time of war; provided for the security of trade; granted letters of reprisal against any nation who might violate it; and raised and appropriated the public moneys for the construction of useful works, or the encouragement of such commercial adventures as were too hazardous or expensive for individual enterprise. [76]

The counsellors, who presided over the municipality, were complimented with certain honorary privileges, not even accorded to the nobility. They were addressed by the title of magníficos; were seated, with their heads covered, in the presence of royalty; were preceded by mace-bearers, or lictors, in their progress through the country; and deputies from their body to the court were admitted on the footing, and received the honors, of foreign ambassadors. [77] These, it will be recollected, were plebeians,—merchants and mechanics. Trade never was esteemed a degradation in Catalonia, as it came to be in Castile. [78] The professors of the different arts, as they were called, organized into guilds or companies, constituted so many independent associations, whose members were eligible to the highest municipal offices. And such was the importance attached to these offices, that the nobility in many instances, resigning the privileges of their rank, a necessary preliminary, were desirous of being enrolled among the candidates for them. [79] One cannot but observe in the peculiar organization of this little commonwealth, and in the equality assumed by every class of its citizens, a close analogy to the constitutions of the Italian republics; which the Catalans, having become familiar with in their intimate commercial intercourse with Italy, may have adopted as the model of their own.

Under the influence of these democratic institutions, the burghers of Barcelona, and indeed of Catalonia in general, which enjoyed more or less of a similar freedom, assumed a haughty independence of character beyond what existed among the same class in other parts of Spain; and this, combined with the martial daring fostered by a life of maritime adventure and warfare, made them impatient, not merely of oppression, but of contradiction, on the part of their sovereigns, who have experienced more frequent and more sturdy resistance from this quarter of their dominions, than from every other. [80] Navagiero, the Venetian ambassador to Spain, early in the sixteenth century, although a republican himself, was so struck with what he deemed the insubordination of the Barcelonians, that he asserts, "The inhabitants have so many privileges, that the king scarcely retains any authority over them; their liberty," he adds, "should rather go by the name of license." [81] One example among many, may be given, of the tenacity with which they adhered to their most inconsiderable immunities.

Ferdinand the First, in 1416, being desirous, in consequence of the exhausted state of the finances on his coming to the throne, to evade the payment of a certain tax or subsidy customarily paid by the kings of Aragon to the city of Barcelona, sent for the president of the council, John Fiveller, to require the consent of that body to this measure. The magistrate, having previously advised with his colleagues, determined to encounter any hazard, says Zurita, rather than compromise the rights of the city. He reminded the king of his coronation oath, expressed his regret that he was willing so soon to deviate from the good usages of his predecessors, and plainly told him, that he and his comrades would never betray the liberties entrusted to them. Ferdinand, indignant at this language, ordered the patriot to withdraw into another apartment, where he remained in much uncertainty as to the consequences of his temerity. But the king was dissuaded from violent measures, if he ever contemplated them, by the representation of his courtiers, who warned him not to reckon too much on the patience of the people, who bore small affection to his person, from the little familiarity with which he had treated them in comparison with their preceding monarchs, and who were already in arms to protect their magistrate. In consequence of these suggestions, Ferdinand deemed it prudent to release the counsellor, and withdrew abruptly from the city on the ensuing day, disgusted at the ill success of his enterprise. [82]

The Aragonese monarchs well understood the value of their Catalan dominions, which sustained a proportion of the public burdens equal in amount to that of both the other states of the kingdom. [83] Notwithstanding the mortifications, which they occasionally experienced from this quarter, therefore, they uniformly extended towards it the most liberal protection. A register of the various customs paid in the ports of Catalonia, compiled in 1413, under the above-mentioned Ferdinand, exhibits a discriminating legislation, extraordinary in an age when the true principles of financial policy were so little understood. [84] Under James the First, in 1227, a navigation act, limited in its application, was published, and another under Alfonso the Fifth, in 1454, embracing all the dominions of Aragon; thus preceding by some centuries the celebrated ordinance, to which England owes so much of her commercial grandeur. [85]

The brisk concussion given to the minds of the Catalans in the busy career in which they were engaged, seems to have been favorable to the development of poetical talent, in the same manner as it was in Italy. Catalonia may divide with Provence the glory of being the region where the voice of song was first awakened in modern Europe. Whatever may be the relative claims of the two countries to precedence in this respect, [86] it is certain that under the family of Barcelona, the Provençal of the south of France reached its highest perfection; and, when the tempest of persecution in the beginning of the thirteenth century fell on the lovely valleys of that unhappy country, its minstrels found a hospitable asylum in the court of the kings of Aragon; many of whom not only protected, but cultivated the gay science with considerable success. [87] Their names have descended to us, as well as those of less illustrious troubadours, whom Petrarch and his contemporaries did not disdain to imitate; [88] but their compositions, for the most part, lie still buried in those cemeteries of the intellect so numerous in Spain, and call loudly for the diligence of some Sainte Palaye or Raynouard to disinter them. [89]