One example among others may be mentioned, of the rectitude and severe impartiality, with which Isabella administered justice, that occurred in the case of a wealthy Galician knight, named Alvaro Yanez de Lugo. This person, being convicted of a capital offence, attended with the most aggravating circumstances, sought to obtain a commutation of his punishment, by the payment of forty thousand doblas of gold to the queen, a sum exceeding at that time the annual rents of the crown. Some of Isabella's counsellors would have persuaded her to accept the donative, and appropriate it to the pious purposes of the Moorish war. But, far from being blinded by their sophistry, she suffered the law to take its course, and, in order to place her conduct above every suspicion of a mercenary motive, allowed his estates, which might legally have been confiscated to the crown, to descend to his natural heirs. Nothing contributed more to re-establish the supremacy of law in this reign, than the certainty of its execution, without respect to wealth or rank; for the insubordination, prevalent throughout Castile, was chiefly imputable to persons of this description, who, if they failed to defeat justice by force, were sure of doing so by the corruption of its ministers. [9]

Ferdinand and Isabella employed the same vigorous measures in the other parts of their dominions, which had proved so successful in Andalusia, for the extirpation of the hordes of banditti, and of the robber-knights, who differed in no respect from the former, but in their superior power. In Galicia alone, fifty fortresses, the strongholds of tyranny, were razed to the ground, and fifteen hundred malefactors, it was computed, were compelled to fly the kingdom. "The wretched inhabitants of the mountains," says a writer of that age, "who had long since despaired of justice, blessed God for their deliverance, as it were, from a deplorable captivity." [10]

While the sovereigns were thus personally occupied with the suppression of domestic discord, and the establishment of an efficient police, they were not inattentive to the higher tribunals, to whose keeping, chiefly, were intrusted the personal rights and property of the subject. They reorganized the royal or privy council, whose powers, although, as has been noticed in the Introduction, principally of an administrative nature, had been gradually encroaching on those of the superior courts of law. During the last century, this body had consisted of prelates, knights, and lawyers, whose numbers and relative proportions had varied in different times. The right of the great ecclesiastics and nobles to a seat in it was, indeed, recognized, but the transaction of business was reserved for the counsellors specially appointed. [11] Much the larger proportion of these, by the new arrangement, was made up of jurists, whose professional education and experience eminently qualified them for the station. The specific duties and interior management of the council were prescribed with sufficient accuracy. Its authority as a court of justice was carefully limited; but, as it was charged with the principal executive duties of government, it was consulted in all important transactions by the sovereigns, who paid great deference to its opinions, and very frequently assisted at its deliberations. [12]

No change was made in the high criminal court of alcaldes de corte, except in its forms of proceeding. But the royal audience, or chancery, the supreme and final court of appeal in civil causes, was entirely remodelled. The place of its sittings, before indeterminate, and consequently occasioning much trouble and cost to the litigants, was fixed at Valladolid. Laws were passed to protect the tribunal from the interference of the crown, and the queen was careful to fill the bench with magistrates whose wisdom and integrity would afford the best guaranty for a faithful interpretation of the law. [13]

In the cortes of Madrigal (1476), and still more in the celebrated one of Toledo (1480), many excellent provisions were made for the equitable administration of justice, as well as for regulating the tribunals. The judges were to ascertain every week, either by personal inspection, or report, the condition of the prisons, the number of the prisoners, and the nature of the offences for which they were confined. They were required to bring them to a speedy trial, and afford every facility for their defence. An attorney was provided at the public expense, under the title of "advocate for the poor," whose duty it was to defend the suits of such as were unable to maintain them at their own cost. Severe penalties were enacted against venality in the judges, a gross evil under the preceding reigns, as well as against such counsel as took exorbitant fees, or even maintained actions that were manifestly unjust. Finally, commissioners were appointed to inspect and make report of the proceedings of municipal and other inferior courts throughout the kingdom. [14]

The sovereigns testified their respect for the law by reviving the ancient, but obsolete practice of presiding personally in the tribunals, at least once a week. "I well remember," says one of their court, "to have seen the queen, together with the Catholic king, her husband, sitting in judgment in the alcazar of Madrid, every Friday, dispensing justice to all such, great and small, as came to demand it. This was indeed the golden age of justice," continues the enthusiastic writer, "and since our sainted mistress has been taken from us, it has been more difficult, and far more costly, to transact business with a stripling of a secretary, than it was with the queen and all her ministers." [15]

By the modifications then introduced, the basis was laid of the judiciary system, such as it has been perpetuated to the present age. The law acquired an authority, which, in the language of a Spanish writer, "caused a decree, signed by two or three judges, to be more respected since that time, than an army before." [16] But perhaps the results of this improved administration cannot be better conveyed than in the words of an eye- witness. "Whereas," says Pulgar, "the kingdom was previously filled with banditti and malefactors of every description, who committed the most diabolical excesses, in open contempt of law, there was now such terror impressed on the hearts of all, that no one dared to lift his arm against another, or even to assail him with contumelious or discourteous language. The knight and the squire, who had before oppressed the laborer, were intimidated by the fear of that justice, which was sure to be executed on them; the roads were swept of the banditti; the fortresses, the strong- holds of violence, were thrown open, and the whole nation, restored to tranquillity and order, sought no other redress, than that afforded by the operation of the law." [17]

II. Codification of the laws. Whatever reforms might have been introduced into the Castilian judicatures, they would have been of little avail, without a corresponding improvement in the system of jurisprudence by which their decisions were to be regulated. This was made up of the Visigothic code, as the basis, the fueros of the Castilian princes, as far back as the eleventh century, and the "Siete Partidas," the famous compilation of Alfonso the Tenth, digested chiefly from maxims of the civil law. [18] The deficiencies of these ancient codes had been gradually supplied by such an accumulation of statutes and ordinances, as rendered the legislation of Castile in the highest degree complex, and often contradictory. The embarrassment resulting from this, occasioned, as may be imagined, much tardiness, as well as uncertainty, in the decisions of the courts, who, despairing of reconciling the discrepancies in their own law, governed themselves almost exclusively by the Roman, so much less accommodated, as it was, than their own, to the genius of the national institutions, as well as to the principles of freedom. [19]

The nation had long felt the pressure of these evils, and made attempts to redress them in repeated cortes. But every effort proved unavailing, during the stormy or imbecile reigns of the princes of Trastamara. At length, the subject having been resumed in the cortes of Toledo, in 1480, Dr. Alfonso Diaz de Montalvo, whose professional science had been matured under the reigns of three successive sovereigns, was charged with the commission of revising the laws of Castile, and of compiling a code, which should be of general application throughout the kingdom.

This laborious undertaking was accomplished in little more than four years; and his work, which subsequently bore the title of Ordenancas Reales, was published, or, as the privilege expresses it, "written with types," excrito de letra de molde, at Huete, in the beginning of 1485. It was one of the first works, therefore, which received the honors of the press in Spain; and surely none could have been found, at that period, more deserving of them. It went through repeated editions in the course of that, and the commencement of the following century. [20] It was admitted as paramount authority throughout Castile; and, although the many innovations, which were introduced in that age of reform, required the addition of two subsidiary codes in the latter years of Isabella, the "Ordenancas" of Montalvo continued to be the guide of the tribunals down to the time of Philip the Second; and may be said to have suggested the idea, as indeed it was the basis of the comprehensive compilation, "Nueva Recopilacion," which has since formed the law of the Spanish monarchy. [21]

III. Depression of the nobles. In the course of the preceding chapters, we have seen the extent of the privileges constitutionally enjoyed by the aristocracy, as well as the enormous height to which they had swollen under the profuse reigns of John the Second, and Henry the Fourth. This was such, at the accession of Ferdinand and Isabella, as to disturb the balance of the constitution, and to give serious cause of apprehension both to the monarch and the people. They had introduced themselves into every great post of profit or authority. They had ravished from the crown the estates, on which it depended for its maintenance, as well as dignity. They coined money in their own mints, like sovereign princes; and they covered the country with their fortified castles, whence they defied the law, and desolated the unhappy land with interminable feuds. It was obviously necessary for the new sovereigns to proceed with the greatest caution against this powerful and jealous body, and, above all, to attempt no measure of importance, in which they would not be supported by the hearty co-operation of the nation.

The first measure, which may be said to have clearly developed their policy, was the organization of the hermandad, which, although ostensibly directed against offenders of a more humble description, was made to bear indirectly upon the nobility, whom it kept in awe by the number and discipline of its forces, and the promptness with which it could assemble them on the most remote points of the kingdom; while its rights of jurisdiction tended materially to abridge those of the seignorial tribunals. It was accordingly resisted with the greatest pertinacity by the aristocracy; although, as we have seen, the resolution of the queen, supported by the constancy of the commons, enabled her to triumph over all opposition, until the great objects of the institution were accomplished.

Another measure, which insensibly operated to the depression of the nobility, was making official preferment depend less exclusively on rank, and much more on personal merit, than before. "Since the hope of guerdon," says one of the statutes enacted at Toledo, "is the spur to just and honorable actions, when men perceive that offices of trust are not to descend by inheritance, but to be conferred on merit, they will strive to excel in virtue, that they may attain its reward." [22] The sovereigns, instead of confining themselves to the grandees, frequently advanced persons of humble origin, and especially those learned in the law, to the most responsible stations, consulting them, and paying great deference to their opinions, on all matters of importance. The nobles, finding that rank was no longer the sole, or indeed the necessary avenue to promotion, sought to secure it by attention to more liberal studies, in which they were greatly encouraged by Isabella, who admitted their children into her palace, where they were reared under her own eye. [23]

But the boldest assaults on the power of the aristocracy were made in the famous cortes of Toledo, in 1480, which Carbajal enthusiastically styles "cosa divina para reformacion y remedio de las desordenes pasadas." [24] The first object of its attention was the condition of the exchequer, which Henry the Fourth had so exhausted by his reckless prodigality, that the clear annual revenue amounted to no more than thirty thousand ducats, a sum much inferior to that enjoyed by many private individuals; so that, stripped of his patrimony, it at last came to be said, he was "king only of the highways." Such had been the royal necessities, that blank certificates of annuities assigned on the public rents were hawked about the market, and sold at such a depreciated rate, that the price of an annuity did not exceed the amount of one year's income. The commons saw with alarm the weight of the burdens which must devolve on them for the maintenance of the crown thus impoverished in its resources; and they resolved to meet the difficulty by advising at once a resumption of the grants unconstitutionally made during the latter half of Henry the Fourth's reign, and the commencement of the present. [25] This measure, however violent, and repugnant to good faith, it may appear at the present time, seems then to have admitted of justification, as far as the nation was concerned; since such alienation of the public revenue was in itself illegal, and contrary to the coronation oath of the sovereign; and those who accepted his obligations, held them subject to the liability of their revocation, which had frequently occurred under the preceding reigns.

As the intended measure involved the interests of most of the considerable proprietors in the kingdom, who had thriven on the necessities of the crown, it was deemed proper to require the attendance of the nobility and great ecclesiastics in cortes by a special summons, which it seems had been previously omitted. Thus convened, the legislature appears, with great unanimity, and much to the credit of those most deeply affected by it, to have acquiesced in the proposed resumption of the grants, as a measure of absolute necessity. The only difficulty was to settle the principles on which the retrenchment might be most equitably made, with reference to creditors, whose claims rested on a great variety of grounds. The plan suggested by Cardinal Mendoza seems to have been partially adopted. It was decided, that all, whose pensions had been conferred without any corresponding services on their part, should forfeit them entirely; that those, who had purchased annuities, should return their certificates on a reimbursement of the price paid for them; and that the remaining creditors, who composed the largest class, should retain such a proportion only of their pensions, as might be judged commensurate with their services to the state. [26]

By this important reduction, the final adjustment and execution of which were intrusted to Fernando de Talavera, the queen's confessor, a man of austere probity, the gross amount of thirty millions of maravedies, a sum equal to three-fourths of the whole revenue on Isabella's accession, was annually saved to the crown. The retrenchment was conducted with such strict impartiality, that the most confidential servants of the queen, and the relatives of her husband, were among those who suffered the most severely. [27] It is worthy of remark that no diminution whatever was made of the stipends settled on literary and charitable establishments. It may be also added, that Isabella appropriated the first fruits of this measure, by distributing the sum of twenty millions of maravedies among the widows and orphans of those loyalists who had fallen in the War of the Succession. [28] This resumption of the grants may be considered as the basis of those economical reforms, which, without oppression to the subject, augmented the public revenue more than twelve fold during this auspicious reign. [29]

Several other acts were passed by the same cortes, which had a more exclusive bearing on the nobility. They were prohibited from quartering the royal arms on their escutcheons, from being attended by a mace-bearer and a bodyguard, from imitating the regal style of address in their written correspondence, and other insignia of royalty which they had arrogantly assumed. They were forbidden to erect new fortresses, and we have already seen the activity of the queen in procuring the demolition or restitution of the old. They were expressly restrained from duels, an inveterate source of mischief, for engaging in which the parties, both principals and seconds, were subjected to the penalties of treason. Isabella evinced her determination of enforcing this law on the highest offenders, by imprisoning, soon after its enactment, the counts of Luna and Valencia for exchanging a cartel of defiance, until the point at issue should be settled by the regular course of justice. [30]

It is true the haughty nobility of Castile winced more than once at finding themselves so tightly curbed by their new masters. On one occasion, a number of the principal grandees, with the duke of Infantado at their head, addressed a letter of remonstrance to the king and queen, requiring them to abolish the hermandad, as an institution burdensome on the nation, deprecating the slight degree of confidence which their highnesses reposed in their order, and requesting that four of their number might be selected to form a council for the general direction of affairs of state, by whose advice the king and queen should be governed in all matters of importance, as in the time of Henry the Fourth.

Ferdinand and Isabella received this unseasonable remonstrance with great indignation, and returned an answer couched in the haughtiest terms. "The hermandad," they said, "is an institution most salutary to the nation, and is approved by it as such. It is our province to determine who are best entitled to preferment, and to make merit the standard of it. You may follow the court, or retire to your estates, as you think best; but, so long as Heaven permits us to retain the rank with which we have been intrusted, we shall take care not to imitate the example of Henry the Fourth, in becoming a tool in the hands of our nobility." The discontented lords, who had carried so high a hand under the preceding imbecile reign, feeling the weight of an authority which rested on the affections of the people, were so disconcerted by the rebuke, that they made no attempt to rally, but condescended to make their peace separately as they could, by the most ample acknowledgments. [31]

An example of the impartiality as well as spirit, with which Isabella asserted the dignity of the crown, is worth recording. During her husband's absence in Aragon in the spring of 1481, a quarrel occurred, in the ante-chamber of the palace at Valladolid, between two young noblemen, Ramiro Nunez de Guzman, lord of Toral, and Frederic Henriquez, son of the admiral of Castile, king Ferdinand's uncle. The queen, on receiving intelligence of it, granted a safe-conduct to the lord of Toral, as the weaker party, until the affair should be adjusted between them. Don Frederic, however, disregarding this protection, caused his enemy to be waylaid by three of his followers, armed with bludgeons, and sorely beaten one evening in the streets of Valladolid.

Isabella was no sooner informed of this outrage on one whom she had taken under the royal protection, than, burning with indignation, she immediately mounted her horse, though in the midst of a heavy storm of rain, and proceeded alone towards the castle of Simancas, then in possession of the admiral, the father of the offender, where she supposed him to have taken refuge, travelling all the while with such rapidity, that she was not overtaken by the officers of her guard, until she had gained the fortress. She instantly summoned the admiral to deliver up his son to justice; and, on his replying that "Don Frederic was not there, and that he was ignorant where He was," she commanded him to surrender the keys of the castle, and, after a fruitless search, again returned to Valladolid. The next day Isabella was confined to her bed by an illness occasioned as much by chagrin, as by the excessive fatigue which she had undergone. "My body is lame," said she, "with the blows given by Don Frederic in contempt of my safe-conduct."

The admiral, perceiving how deeply he and his family had incurred the displeasure of the queen, took counsel with his friends, who were led by their knowledge of Isabella's character to believe that he would have more to hope from the surrender of his son, than from further attempts at concealment. The young man was accordingly conducted to the palace by his uncle, the constable de Haro, who deprecated the queen's resentment by representing the age of his nephew, scarcely amounting to twenty years. Isabella, however, thought proper to punish the youthful delinquent, by ordering him to be publicly conducted as a prisoner, by one of the alcaldes of her court, through the great square of Valladolid to the fortress of Arevalo, where he was detained in strict confinement, all privilege of access being denied to him; and when, at length, moved by the consideration of his consanguinity with the king, she consented to his release, she banished him to Sicily, until he should receive the royal permission to return to his own country. [32]

Notwithstanding the strict impartiality as well as vigor of the administration, it could never have maintained itself by its own resources alone, in its offensive operations against the high-spirited aristocracy of Castile. Its most direct approaches, however, were made, as we have seen, under cover of the cortes. The sovereigns showed great deference, especially in this early period of their reign, to the popular branch of this body; and, so far from pursuing the odious policy of preceding princes in diminishing the amount of represented cities, they never failed to direct their writs to all those which, at their accession, retained the right of representation, and subsequently enlarged the number by the conquest of Granada; while they exercised the anomalous privilege, noticed in the Introduction to this History, of omitting altogether, or issuing only a partial summons to the nobility. [33] By making merit the standard of preferment, they opened the path of honor to every class of the community. They uniformly manifested the greatest tenderness for the rights of the commons in reference to taxation; and, as their patriotic policy was obviously directed to secure the personal rights and general prosperity of the people, it insured the co-operation of an ally, whose weight, combined with that of the crown, enabled them eventually to restore the equilibrium which had been disturbed by the undue preponderance of the aristocracy.

It may be well to state here the policy pursued by Ferdinand and Isabella in reference to the Military Orders of Castile, since, although not fully developed until a much later period, it was first conceived, and indeed partly executed, in that now under discussion.

The uninterrupted warfare, which the Spaniards were compelled to maintain for the recovery of their native land from the infidel, nourished in their bosoms a flame of enthusiasm, similar to that kindled by the crusades for the recovery of Palestine, partaking in an almost equal degree of a religious and a military character. This similarity of sentiment gave birth also to similar institutions of chivalry. Whether the military orders of Castile were suggested by those of Palestine, or whether they go back to a remoter period, as is contended by their chroniclers, or whether, in fine, as Conde intimates, they were imitated from corresponding associations, known to have existed among the Spanish Arabs, [34] there can be no doubt that the forms under which they were permanently organized, were derived, in the latter part of the twelfth century, from the monastic orders established for the protection of the Holy Land. The Hospitallers, and especially the Templars, obtained more extensive acquisitions in Spain, than in any, perhaps every other country in Christendom; and it was partly from the ruins of their empire, that were constructed the magnificent fortunes of the Spanish orders. [35]

The most eminent of these was the order of St. Jago, or St. James, of Compostella. The miraculous revelation of the body of the Apostle, after the lapse of eight centuries from the date of his interment, and his frequent apparition in the ranks of the Christian armies, in their desperate struggles with the infidel, had given so wide a celebrity to the obscure town of Compostella in Galicia, which contained the sainted relics, [36] that it became the resort of pilgrims from every part of Christendom, during the Middle Ages; and the escalop shell, the device of St. James, was adopted as the universal badge of the palmer. Inns for the refreshment and security of the pious itinerants were scattered along the whole line of the route from France; but, as they were exposed to perpetual annoyance from the predatory incursions of the Arabs, a number of knights and gentlemen associated themselves, for their protection, with the monks of St. Lojo, or Eloy, adopting the rule of St. Augustine, and thus laid the foundation of the chivalric order of St. James, about the middle of the twelfth century. The cavaliers of the fraternity, which received its papal bull of approbation five years later, in 1175, were distinguished by a white mantle embroidered with a red cross, in fashion of a sword, with the escallop shell below the guard, in imitation of the device which glittered on the banner of their tutelar saint, when, he condescended to take part in their engagements with the Moors. The red color denoted, according to an ancient commentator, "that it was stained with the blood of the infidel." The rules of the new order imposed on its members the usual obligations of obedience, community of property, and of conjugal chastity, instead of celibacy. They were, moreover, required to relieve the poor, defend the traveler, and maintain perpetual war upon the Mussulman. [37]

The institution of the knights of Calatrava was somewhat more romantic in its origin. That town, from its situation on the frontiers of the Moorish territory of Andalusia, where it commanded the passes into Castile, became of vital importance to the latter kingdom. Its defense had accordingly been entrusted to the valiant order of the Templars, who, unable to keep their ground against the pertinacious assaults of the Moslems, abandoned it, at the expiration of eight years, as untenable. This occurred about the middle of the twelfth century; and the Castilian monarch, Sancho the Beloved, as the last resort, offered it to whatever good knights would undertake its defense.

The emprise was eagerly sought by a monk of a distant convent in Navarre, who had once been a soldier, and whose military ardor seems to have been exalted, instead of being extinguished, in the solitude of the cloister. The monk, supported by his conventual brethren, and a throng of cavaliers and more humble followers, who sought redemption under the banner of the church, was enabled to make good his word. From the confederation of these knights and ecclesiastics sprung the military fraternity of Calatrava, which received the confirmation of the pontiff, Alexander the Third, in 1164. The rules which it adopted were those of St. Benedict, and its discipline was in the highest degree austere.

The cavaliers were sworn to perpetual celibacy, from which they were not released till so late as the sixteenth century. Their diet was of the plainest kind. They were allowed meat only thrice a week, and then only one dish. They were to maintain unbroken silence at the table, in the chapel, and the dormitory; and they were enjoined both to sleep and to worship with the sword girt on their side, in token of readiness for action. In the earlier days of the institution, the spiritual, as well as the military brethren, were allowed to make part of the martial array against the infidel, until this was prohibited, as indecorous, by the Holy See. From this order branched off that of Montesa, in Valencia, which was instituted at the commencement of the fourteenth century, and continued dependent on the parent stock. [38]

The third great order of religious chivalry in Castile was that of Alcantara, which also received its confirmation from Pope Alexander the Third, in 1177. It was long held in nominal subordination to the knights of Calatrava, from which it was relieved by Julius the Second, and eventually rose to an importance little inferior to that of its rival. [39]

The internal economy of these three fraternities was regulated by the same general principles. The direction of affairs was entrusted to a council, consisting of the grand master and a number of the commanders (comendadores), among whom the extensive territories of the order were distributed. This council, conjointly with the grand master, or the latter exclusively, as in the fraternity of Calatrava, supplied the vacancies. The master himself was elected by a general chapter of these military functionaries alone, or combined with the conventual clergy, as in the order of Calatrava, which seems to have recognized the supremacy of the military over the spiritual division of the community, more unreservedly than that of St. James.

These institutions appear to have completely answered the objects of their creation. In the earlier history of the Peninsula, we find the Christian chivalry always ready to bear the brunt of battle against the Moors. Set apart for this peculiar duty, their services in the sanctuary only tended to prepare them for their sterner duties in the field of battle, where the zeal of the Christian soldier may be supposed to have been somewhat sharpened by the prospect of the rich temporal acquisitions, which the success of his arms was sure to secure to his fraternity. For the superstitious princes of those times, in addition to the wealth lavished so liberally on all monastic institutions, granted the military orders almost unlimited rights over the conquests achieved by their own valor. In the sixteenth century, we find the order of St. James, which had shot up to a pre-eminence above the rest, possessed of eighty-four commanderies, and two hundred inferior benefices. This same order could bring into the field, according to Garibay, four hundred belted knights, and one thousand lances, which, with the usual complement of a lance in that day, formed a very considerable force. The rents of the mastership of St. James amounted, in the time of Ferdinand and Isabella, to sixty thousand ducats, those of Alcantara to forty-five thousand, and those of Calatrava to forty thousand. There was scarcely a district of the Peninsula which was not covered with their castles, towns, and convents. Their rich commanderies gradually became objects of cupidity to men of the highest rank, and more especially the grand-masterships, which, from their extensive patronage, and the authority they conferred over an organized militia pledged to implicit obedience, and knit together by the strong tie of common interest, raised their possessors almost to the level of royalty itself. Hence the elections to these important dignities came to be a fruitful source of intrigue, and frequently of violent collision. The monarchs, who had anciently reserved the right of testifying their approbation of an election by presenting the standard of the order to the new dignitary, began personally to interfere in the deliberations of the chapter. While the pope, to whom a contested point was not unfrequently referred, assumed at length the prerogative of granting the masterships in administration on a vacancy, and even that of nomination itself, which, if disputed, he enforced by his spiritual thunders. [40]

Owing to these circumstances, there was probably no one cause, among the many which occurred in Castile during the fifteenth century, more prolific of intestine discord, than the election to these posts, far too important to be intrusted to any subject, and the succession to which was sure to be contested by a host of competitors. Isabella seems to have settled in her mind the course of policy to be adopted in this matter, at a very early period of her reign. On occasion of a vacancy in the grand-mastership of St. James, by the death of the incumbent, in 1476, she made a rapid journey on horseback, her usual mode of travelling, from Valladolid to the town of Ucles, where a chapter of the order was deliberating on the election of a new principal. The queen, presenting herself before this body, represented with so much energy the inconvenience of devolving powers of such magnitude on any private individual, and its utter incompatibility with public order, that she prevailed on them, smarting, as they were, under the evils of a disputed succession, to solicit the administration for the king, her husband. That monarch, indeed, consented to waive this privilege in favor of Alonso de Cardenas, one of the competitors for the office, and a loyal servant of the crown; but, at his decease in 1499, the sovereigns retained the possession of the vacant mastership, conformably to a papal decree, which granted them its administration for life, in the same manner as had been done with that of Calatrava in 1487, and of Alcantara in 1494. [41]

The sovereigns were no sooner vested with the control of the military orders, than they began with their characteristic promptness to reform the various corruptions, which had impaired their ancient discipline. They erected a council for the general superintendence of affairs relating to the orders, and invested it with extensive powers both of civil and criminal jurisdiction. They supplied the vacant benefices with persons of acknowledged worth, exercising an impartiality, which could never be maintained by any private individual, necessarily exposed to the influence of personal interests and affections. By this harmonious distribution, the honors, which had before been held up to the highest bidder, or made the subject of a furious canvass, became the incentive and sure recompense of desert. [42]

In the following reign, the grand-masterships of these fraternities were annexed in perpetuity to the crown of Castile by a bull of Pope Adrian the Sixth; while their subordinate dignities, having survived the object of their original creation, the subjugation of the Moors, degenerated into the empty decorations, the stars and garters, of an order of nobility. [43]

IV. Vindication of ecclesiastical rights belonging to the crown from papal usurpation. In the earlier stages of the Castilian monarchy, the sovereigns appear to have held a supremacy in spiritual, very similar to that exercised by them in temporal matters. It was comparatively late that the nation submitted its neck to the papal yoke, so closely riveted at a subsequent period; and even the Romish ritual was not admitted into its churches till long after it had been adopted in the rest of Europe. [44] But, when the code of the Partidas was promulgated in the thirteenth century, the maxims of the canon law came to be permanently established. The ecclesiastical encroached on the lay tribunals. Appeals were perpetually carried up to the Roman court; and the popes, pretending to regulate the minutest details of church economy, not only disposed of inferior benefices, but gradually converted the right of confirming elections to the episcopal and higher ecclesiastical dignities, into that of appointment. [45]

These usurpations of the church had been repeatedly the subject of grave remonstrance in cortes. Several remedial enactments had passed that body, during the present reign, especially in relation to the papal provision of foreigners to benefices; an evil of much greater magnitude in Spain than in other countries of Europe, since the episcopal demesnes, frequently covering the Moorish frontier, became an important line of national defence, obviously improper to be intrusted to the keeping of foreigners and absentees. Notwithstanding the efforts of cortes, no effectual remedy was devised for this latter grievance, until it became the subject of actual collision between the crown and the pontiff, in reference to the see of Taracona, and afterwards of Cuenca. [46]

Sixtus the Fourth had conferred the latter benefice, on its becoming vacant in 1482, on his nephew, Cardinal San Giorgio, a Genoese, in direct opposition to the wishes of the queen, who would have bestowed it on her chaplain, Alfonso de Burgos, in exchange for the bishopric of Cordova. An ambassador was accordingly despatched by the Castilian sovereigns to Rome, to remonstrate on the papal appointment; but without effect, as Sixtus replied, with a degree of presumption, which might better have become his predecessors of the twelfth century, that "he was head of the church, and, as such, possessed of unlimited power in the distribution of benefices, and that he was not bound to consult the inclination of any potentate on earth, any farther than might subserve the interests of religion."

The sovereigns, highly dissatisfied with this response, ordered their subjects, ecclesiastical as well as lay, to quit the papal dominions; an injunction, which the former, fearful of the sequestration of their temporalities in Castile, obeyed with as much promptness as the latter. At the same time, Ferdinand and Isabella proclaimed their intention of inviting the princes of Christendom to unite with them in convoking a general council for the reformation of the manifold abuses, which dishonored the church. No sound could have grated more unpleasantly on the pontifical ear, than the menace of a general council, particularly at this period, when ecclesiastical corruptions had reached a height which could but ill endure its scrutiny. The pope became convinced that he had ventured too far, and that Henry the Fourth was no longer monarch of Castile. He accordingly despatched a legate to Spain, fully empowered to arrange the matter en an amicable basis.

The legate, who was a layman, by name Domingo Centurion, no sooner arrived in Castile, than he caused the sovereigns to be informed of his presence there, and the purpose of his mission; but he received orders instantly to quit the kingdom, without attempting so much as to disclose the nature of his instructions, since they could not but be derogatory to the dignity of the crown. A safe-conduct was granted for himself and his suite; but, at the same time, great surprise was expressed that any one should venture to appear, as envoy from his Holiness, at the court of Castile, after it had been treated by him with such unmerited indignity.

Far from resenting this ungracious reception, the legate affected the deepest humility; professing himself willing to waive whatever immunities he might claim as papal ambassador, and to submit to the jurisdiction of the sovereigns as one of their own subjects, so that he might obtain an audience. Cardinal Mendoza, whose influence in the cabinet had gained him the title of "third king of Spain," apprehensive of the consequences of a protracted rupture with the church, interposed in behalf of the envoy, whose conciliatory deportment at length so far mitigated the resentment of the sovereigns, that they consented to open negotiations with the court of Rome. The result was the publication of a bull by Sixtus the Fourth, in which his Holiness engaged to provide such natives to the higher dignities of the church in Castile, as should be nominated by the monarchs of that kingdom; and Alfonso de Burgos was accordingly translated to the see of Cuenca. [47] Isabella, on whom the duties of ecclesiastical preferment devolved, by the act of settlement, availed herself of the rights, thus wrested from the grasp of Rome, to exalt to the vacant sees persons of exemplary piety and learning, holding light, in comparison with the faithful discharge of this duty, every minor consideration of interest, and even the solicitations of her husband, as we shall see hereafter. [48] And the chronicler of her reign dwells with complacency on those good old times, when churchmen were to be found of such singular modesty, as to require to be urged to accept the dignities to which their merits entitled them. [49]

V. The regulation of trade. It will be readily conceived that trade, agriculture, and every branch of industry must have languished under the misrule of preceding reigns. For what purpose, indeed, strive to accumulate wealth, when it would only serve to sharpen the appetite of the spoiler? For what purpose cultivate the earth, when the fruits were sure to be swept away, even before harvest time, in some ruthless foray? The frequent famines and pestilences, which occurred in the latter part of Henry's reign and the commencement of his successor's, show too plainly the squalid condition of the people, and their utter destitution of all useful arts. We are assured by the Curate of Los Palacios, that the plague broke out in the southern districts of the kingdom, carrying off eight, or nine, or even fifteen thousand inhabitants from the various cities; while the prices of the ordinary aliments of life rose to a height, which put them above the reach of the poorer classes of the community. In addition to these physical evils, a fatal shock was given to commercial credit by the adulteration of the coin. Under Henry the Fourth, it is computed that there were no less than one hundred and fifty mints openly licensed by the crown, in addition to many others erected by individuals without any legal authority. The abuse came to such a height, that people at length refused to receive in payment of their debts the debased coin, whose value depreciated more and more every day; and the little trade, which remained in Castile, was carried on by barter, as in the primitive stages of society. [50]

The magnitude of the evil was such as to claim the earliest attention of the cortes under the new monarchs. Acts were passed fixing the standard and legal value of the different denominations of coin. A new coinage was subsequently made. Five royal mints were alone authorized, afterwards augmented to seven, and severe penalties denounced against the fabrication of money elsewhere. The reform of the currency gradually infused new life into commerce, as the return of the circulations, which have been interrupted for a while, quickens the animal body. This was furthered by salutary laws for the encouragement of domestic industry. Internal communication was facilitated by the construction of roads and bridges. Absurd restrictions on change of residence, as well as the onerous duties which had been imposed on commercial intercourse between Castile and Aragon, were repealed. Several judicious laws were enacted for the protection of foreign trade; and the flourishing condition of the mercantile marine may be inferred from that of the military, which enabled the sovereigns to fit out an armament of seventy sail in 1482, from the ports of Biscay and Andalusia, for the defence of Naples against the Turks. Some of their regulations, indeed, as those prohibiting the exportation of the precious metals, savor too strongly of the ignorance of the true principles of commercial legislation, which has distinguished the Spaniards to the present day. But others, again, as that for relieving the importation of foreign books from all duties, "because," says the statute, "they bring both honor and profit to the kingdom, by the facilities which they afford for making men learned," are not only in advance of that age, but may sustain an advantageous comparison with provisions on corresponding subjects in Spain at the present time. Public credit was re- established by the punctuality with which the government redeemed the debt contracted during the Portuguese war; and, notwithstanding the repeal of various arbitrary imposts, which enriched the exchequer under Henry the Fourth, such was the advance of the country under the wise economy of the present reign, that the revenue was augmented nearly six fold between the years 1477 and 1482. [51]

Thus released from the heavy burdens imposed on it, the spring of enterprise recovered its former elasticity. The productive capital of the country was made to flow through the various channels of domestic industry. The hills and the valleys again rejoiced in the labor of the husbandman; and the cities were embellished with stately edifices, both public and private, which attracted the gaze and commendation of foreigners. [52] The writers of that day are unbounded in their plaudits of Isabella, to whom they principally ascribe this auspicious revolution in the condition of the country and its inhabitants, [53] which seems almost as magical as one of those transformations in romance wrought by the hands of some benevolent fairy. [54]

VI. The pre-eminence of the royal authority. This, which, as we have seen, appears to have been the natural result of the policy of Ferdinand and Isabella, was derived quite as much from the influence of their private characters, as from their public measures. Their acknowledged talents were supported by a dignified demeanor, which formed a striking contrast with the meanness in mind and manners that had distinguished their predecessor. They both exhibited a practical wisdom in their own personal relations, which always commands respect, and which, however it may have savored of worldly policy in Ferdinand, was, in his consort, founded on the purest and most exalted principle. Under such a sovereign, the court, which had been little better than a brothel under the preceding reign, became the nursery of virtue and generous ambition. Isabella watched assiduously over the nurture of the high-born damsels of her court, whom she received into the royal palace, causing them to be educated under her own eye, and endowing them with liberal portions on their marriage. [55] By these and similar acts of affectionate solicitude, she endeared herself to the higher classes of her subjects, while the patriotic tendency of her public conduct established her in the hearts of the people. She possessed, in combination with the feminine qualities which beget love, a masculine energy of character, which struck terror into the guilty. She enforced the execution of her own plans, oftentimes even at great personal hazard, with a resolution surpassing that of her husband. Both were singularly temperate, indeed, frugal, in their dress, equipage, and general style of living; seeking to affect others less by external pomp, than by the silent though more potent influence of personal qualities. On all such occasions as demanded it, however, they displayed a princely magnificence, which dazzled the multitude, and is blazoned with great solemnity in the garrulous chronicles of the day. [56]

The tendencies of the present administration were undoubtedly to strengthen the power of the crown. This was the point to which most of the feudal governments of Europe at this epoch were tending. But Isabella was far from being actuated by the selfish aim or unscrupulous policy of many contemporary princes, who, like Louis the Eleventh, sought to govern by the arts of dissimulation, and to establish their own authority by fomenting the divisions of their powerful vassals. On the contrary, she endeavored to bind together the disjointed fragments of the state, to assign to each of its great divisions its constitutional limits, and, by depressing the aristocracy to its proper level and elevating the commons, to consolidate the whole under the lawful supremacy of the crown. At least, such was the tendency of her administration up to the present period of our history. These laudable objects were gradually achieved without fraud or violence, by a course of measures equally laudable; and the various orders of the monarchy, brought into harmonious action with each other, were enabled to turn the forces, which had before been wasted in civil conflict, to the glorious career of discovery and conquest, which it was destined to run during the remainder of the century.

* * * * *

The sixth volume of the Memoirs of the Royal Spanish Academy of History, published in 1821, is devoted altogether to the reign of Isabella, It is distributed into Illustrations, as they are termed, of the various branches of the administrative policy of the queen, of her personal character, and of the condition of science under her government. These essays exhibit much curious research, being derived from unquestionable contemporary documents, printed and manuscript, and from the public archives. They are compiled with much discernment; and, as they throw light on some of the most recondite transactions of this reign, are of inestimable service to the historian. The author of the volume is the late lamented secretary of the Academy, Don Diego Clemencin; one of the few who survived the wreck of scholarship in Spain, and who with the erudition, which has frequently distinguished his countrymen, combined the liberal and enlarged opinions, which would do honor to any country.

FOOTNOTES

[1] Among other examples, Pulgar mentions that of the alcayde of Castro- Nuno, Pedro de Mendana, who, from the strong-holds in his possession, committed such grievous devastations throughout the country, that the cities of Burgos, Avila, Salamanca, Segovia, Valladolid, Medina, and others in that quarter, were fain to pay him a tribute, (black mail,) to protect their territories from his rapacity. His successful example was imitated by many other knightly freebooters of the period. (Reyes Catolicos, part. 2, cap. 66.)—See also extracts cited by Saez from manuscript notices by contemporaries of Henry IV. Monedas de Enrique IV., pp. 1, 2.

[2] The quaderno of the laws of the Hermandad has now become very rare. That in my possession was printed at Burgos, in 1527. It has since been incorporated with considerable extension into the Recopilacion of Philip II.

[3] Quaderno de las Leyes Nuevas de la Hermandad, (Burgos, 1527,) leyes 1, 2, 3, 4, 5, 6, 8, 16, 20, 36, 37.—Pulgar, Reyes Catolicos, part. 2, cap. 51.—L. Marineo, Cosas Memorables, fol. 160, ed. 1539.—Mem. de la Acad. de Hist., tom. vi. Ilust. 4.—Carbajal, Anales, MS., ano 76.—Lebrija, Rerum Gestarum Decades, fol. 36.—By one of the laws, the inhabitants of such seignorial towns as refused to pay the contributions of the Hermandad were excluded from its benefits, as well as from traffic with, and even the power of recovering their debts, from other natives of the kingdom. Ley 33.

[4] Recopilacion de las Leyes, (Madrid, 1640,) lib. 8, tit. 13, ley 44.— Zuniga, Annales de Sevilla, p. 379.—Pulgar, Reyes Catolicos, part. 2, cap. 51.—Mem. de la Acad. de Hist., tom. vi. Ilust. 6.—Lebrija, Rerum Gestarum Decad., fol. 37, 38.—Las Pragmaticas del Reyno, (Sevilla, 1520,) fol. 85.—L. Marineo, Cosas Memorables, fol. 160.

[5] Carbajal, Anales, MS., ano 76.—Pulgar, Reyes Catolicos, part. 2, cap. 59.—Ferreras, Hist. d'Espagne, tom. viii. p. 477.—Lebrija, Rerum Gestarum Decad., fol. 41, 42.—Gonzalo de Oviedo lavishes many encomiums on Cabrera, for "his generous qualities, his singular prudence in government, and his solicitude for his vassals, whom he inspired with the deepest attachment." (Quincuagenas, MS., bat. 1, quinc. 1, dial. 23.) The best panegyric on his character, is the unshaken confidence, which his royal mistress reposed in him, to the day of her death.

[6] Zuniga, Annales de Sevilla, p. 381.—Pulgar, Reyes Catolicos, part. 2, cap. 65, 70, 71.—Bernaldez, Reyes Catolicos, MS., cap. 29.—Carbajal, Anales, MS., ano 77.—L. Marineo, Cosas Memorables, fol. 162; who says, no less than 8,000 guilty fled from Seville and Cordova.

[7] Bernaldez, Reyes Catolicos, MS., cap. 29.-Zurita, Anales, tom. iv. fol. 283.-Zuniga, Annales de Sevilla, p. 382.-Lebrija, Rerum Gestarum Decades, lib. 7.—L. Marineo, Cosas Memorables, ubi supra.-Garibay, Compendio, lib. 18, cap. 11.

[8] Bernaldez, Reyes Catolicos, MS., cap. 30.—Pulgar, Reyes Catolicos, part. 2, cap. 78.

[9] "Era muy inclinada," says Pulgar, "a facer justicia, tanto que le era imputado seguir mas la via de rigor que de la piedad; y esto facia por remediar a la gran corrupcion de crimines que fallo en el Reyno quando subcedio en el." Reyes Catolicos, p. 37.

[10] Pulgar, Reyes Catolicos, part. 2, cap. 97, 98.—L. Marineo, Cosas Memorables, fol. 162.

[11] Ordenancas Reales de Castilla, (Burgos, 1528,) lib. 2, tit. 3, ley 31.

This constitutional, though, as it would seem, impotent right of the nobility, is noticed by Sempere. (Hist. des Cortes, pp. 123, 129.) It should not have escaped Marina.

[12] Lib. 2, tit. 3, of the Ordenancas Reales is devoted to the royal council. The number of the members was limited to one prelate, as president, three knights, and eight or nine jurists. (Prologo.) The sessions were to be held every day, in the palace. (Leyes 1, 2.) They were instructed to refer to the other tribunals all matters not strictly coming within their own jurisdiction. (Ley 4.) Their acts, in all cases except those specially reserved, were to have the force of law without the royal signature. (Leyes 23, 24.) See also Los Doctores Asso y Manuel, Instituciones del Derecho Civil de Castilla, (Madrid, 1792,) Introd. p. 111; and Santiago Agustin Riol, Informe, apud Semanario Erudito, (Madrid, 1788,) tom. iii. p. 114, who is mistaken in stating the number of jurists in the council, at this time, at sixteen; a change, which did not take place till Philip II.'s reign. (Recop. de las Leyes, lib. 2, tit. 4, ley 1.)

Marina denies that the council could constitutionally exercise any judicial authority, at least, in suits between private parties, and quotes a passage from Pulgar, showing that its usurpations in this way were restrained by Ferdinand and Isabella. (Teoria, part. 2, cap. 29.) Powers of this nature, however, to a considerable extent, appear to have been conceded to it by more than one statute under this reign. See Recop. de las Leyes, (lib. 2, tit. 4, leyes 20, 22, and tit. 5, ley 12,) and the unqualified testimony of Riol, Informe, apud Semanario Erudito, ubi supra.

[13] Ordenancas Reales, lib. 2, tit. 4.—Marina, Teoria de las Cortes, part. 2, cap. 25.

By one of the statutes, (ley 4,) the commission of the judges, which, before extended to life, or a long period, was abridged to one year. This important innovation was made at the earnest and repeated remonstrance of cortes, who traced the remissness and corruption, too frequent of late in the court, to the circumstance that its decisions were not liable to be reviewed during life. (Teoria, ubi supra.) The legislature probably mistook the true cause of the evil. Few will doubt, at any rate, that the remedy proposed must have been fraught with far greater.

[14] Ordenancas Reales, lib. 2, tit. 1, 3, 4, 15, 16, 17, 19; lib. 3, tit. 2.—Recop. de las Leyes, lib. 2, tit. 4, 5, 16.—Pulgar, Reyes Catolicos, part. 2, cap. 94.

[15] Oviedo, Quincuagenas, MS.—By one of the statutes of the cortes of Toledo, in 1480, the king was required to take his seat in the council every Friday. (Ordenancas Reales, lib. 2, tit. 3, ley 32.) It was not so new for the Castilians to have good laws, as for their monarchs to observe them.

[16] Sempere, Hist. des Cortes, p. 263.

[17] Pulgar, Reyes Catolicos, p. 167.—See the strong language, also, of Peter Martyr, another contemporary witness of the beneficial changes in the government. Opus Epistolarum, (Amstelodami, 1670,) ep. 31.

[18] Prieto y Sotelo, Historia del Derecho Real de Espana, (Madrid, 1738,) lib. 3, cap. 16-21.—Marina has made an elaborate commentary on Alfonso's celebrated code, in his Ensayo Historico-Critico sobre la Antigua Legislacion de Castilla, (Madrid, 1808,) pp. 269 et seq. The English reader will find a more succinct analysis in Dr. Dunham's History of Spain and Portugal, (London, 1832,) in Lardner's Cyclopaedia, vol. iv. pp. 121- 150.—The latter has given a more exact, and, at the same time, extended view of the early Castilian legislation, probably, than is to be found, in the same compass, in any of the Peninsular writers.

[19] Marina (in his Ensayo Historico-Critico, p. 388) quotes a popular satire of the fifteenth century, directed, with considerable humor, against these abuses, which lead the writer in the last stanza to envy even the summary style of Mahometan justice.

"En tierra de Moros un solo alcalde Libra lo cevil e lo criminal, E todo el dia se esta de valde For la justicia andar muy igual: Alli non es Azo, nin es Decretal, Nin es Roberto, nin la Clementina, Salvo discrecion e buena doctrina, La qual muestra a todos vevir communal." p. 389.

[20] Mendez enumerates no less than five editions of this code, by 1500; a sufficient evidence of its authority, and general reception throughout Castile. Typographia Espanola, pp. 203, 261, 270.

[21] Ordenancas Reales, Prologo.—Mem. de la Acad. de Hist., tom. vi. Ilust. 9.—Marina, Ensayo Historico-Critico, pp. 390 et seq.—Mendez, Typographia Espanola, p. 261.—The authors of the three last-mentioned works abundantly disprove Asso y Manuel's insinuation, that Montalavo's code was the fruit of his private study, without any commission for it, and that it gradually usurped an authority which it had not in its origin. (Discurso Preliminar al Ord. de Alcala.) The injustice of the last remark, indeed, is apparent from the positive declaration of Bernaldez. "Los Reyes mandaron tener en todas las ciudades, villas e lugares el libro de Montalvo, e por el determinar todas las cosas de justicia para cortar los pleitos." Reyes Catolicos, MS., cap. 42.

[22] Ordenancas Reales, lib. 7, tit. 2, ley 13.

[23] Oviedo, Quincuagenas, MS., bat. 1, quinc. 1, dial. 44.—Sempere notices this feature of the royal policy. Hist. des Cortes, chap. 24.

[24] Carbajal, Anales, MS., ano 80.

[25] See the emphatic language, on this and other grievances, of the Castilian commons, in their memorial to the sovereigns, Apendice, No. 10, of Clemencin's valuable compilation. The commons had pressed the measure, as one of the last necessity to the crown, as early as the cortes of Madrigal, in 1476. The reader will find the whole petition extracted by Marina, Teoria, tom. ii. cap. 5.

[26] Salazar de Mendoza, Cron. del Gran Cardenal, cap. 51.—Mem. de la Acad. de Hist., tom. vi. Ilust. 5.—Pulgar, Reyes Catolicos, part. 2, cap. 95.—Ordenancas Reales, lib. 6, tit. 4, ley 26;—incorporated also into the Recopilacion of Philip II., lib. 5, tit. 10, cap. 17. See also leyes 3 and 15.

[27] Admiral Enriquez, for instance, resigned 240,000 maravedies of his annual income;—the Duke of Alva, 575,000;—the Duke of Medina Sidonia, 180,000.—The loyal family of the Mendozas were also great losers, but none forfeited so much as the overgrown favorite of Henry IV., Beltran de la Cueva, duke of Albuquerque, who had uniformly supported the royal cause, and whose retrenchment amounted to 1,400,000 maravedies of yearly rent. See the scale of reduction given at length by Senor Clemencin, in Mem. de la Acad., tom. vi. loc. cit.

[28] "No monarch," said the high-minded queen, "should consent to alienate his demesnes; since the loss of revenue necessarily deprives him of the best means of rewarding the attachment of his friends, and of making himself feared by his enemies." Pulgar, Reyes Catolicos, part. 1, cap. 4.

[29] Pulgar, Reyes Catolicos, ubi supra.—Mem. de la Acad. de Hist., tom. vi. loc. cit.

[30] Ordenancas Reales, lib. 2, tit. 1, ley 2; lib. 4, tit. 9, ley 11.— Pulgar, Reyes Catolicos, part. 2, cap. 96, 101.—Recop. de las Leyes, lib. 8, tit. 8, ley 10 et al.—These affairs were conducted in the true spirit of knight-errantry. Oviedo mentions one, in which two young men of the noble houses of Velasco and Ponce de Leon agreed to fight on horseback, with sharp spears (puntas de diamantes), in doublet and hose, without defensive armor of any kind. The place appointed for the combat was a narrow bridge across the Xarama, three leagues from Madrid. Quincuagenas, MS., bat. 1, quinc. 1, dial. 23.

[31] Ferreras, Hist. d'Espagne, tom. vii. pp. 487, 488.

[32] Carbajal, Anales, MS., ano 80.—Pulgar, Reyes Catolicos, part. 2, cap. 100.

[33] For example, at the great cortes of Toledo, in 1480, it does not appear that any of the nobility were summoned, except those in immediate attendance on the court, until the measure for the resumption of the grants, which so nearly affected that body, was brought before the legislature.

[34] Conde gives the following account of these chivalric associations among the Spanish Arabs, which, as far as I know, have hitherto escaped the notice of European historians. "The Moslem fronteros professed great austerity in their lives, which they consecrated to perpetual war, and bound themselves by a solemn vow to defend the frontier against the incursions of the Christians. They were choice cavaliers, possessed of consummate patience, and enduring fatigue, and always prepared to die rather than desert their posts. It appears highly probable that the Moorish fraternities suggested the idea of those military orders so renowned for their valor in Spain and in Palestine, which rendered such essential services to Christendom; for both the institutions were established on similar principles." Conde, Historia de la Dominacion de los Arabes en Espana, (Madrid, 1820,) tom. i. p. 619, not.

[35] See the details, given by Mariana, of the overgrown possessions of the Templars in Castile at the period of their extinction, in the beginning of the fourteenth century. (Hist. de Espana, lib. 15, cap. 10.) The knights of the Temple and the Hospitallers seem to have acquired still greater power in Aragon, where one of the monarchs was so infatuated as to bequeath them his whole dominions,—a bequest which, it may well be believed, was set aside by his high-spirited subjects. Zurita, Anales, lib. 1, cap. 52.

[36] The apparition of certain preternatural lights in a forest, discovered to a Galician peasant, in the beginning of the ninth century, the spot, in which was deposited a marble sepulchre containing the ashes of St. James. The miracle is reported with sufficient circumstantiality by Florez, (Historia Compostellana, lib. 1, cap. 2, apud Espana Sagrada, tom. xx.) and Ambrosio de Morales, (Coronica General de Espana, (Obras, Madrid, 1791-3,) lib. 9, cap. 7,) who establishes, to his own satisfaction, the advent of St. James into Spain. Mariana, with more skepticism than his brethren, doubts the genuineness of the body, as well as the visit of the Apostle, but like a good Jesuit concludes, "It is not expedient to disturb with such disputes the devotion of the people, so firmly settled as it is." (Lib. 7, cap. 10.) The tutelar saint of Spain continued to support his people by taking part with them in battle against the infidel down to a very late period. Caro de Torres mentions two engagements in which he cheered on the squadrons of Cortes and Pizarro, "with his sword flashing lightning in the eyes of the Indians." Ordenes Militares, fol. 5.

[37] Rades y Andrada, Las Tres Ordenes, fol. 3-15.—Caro de Torres, Ordenes Militares, fol. 2-8.—Garibay, Compendio, tom. ii. pp. 116-118.

[38] Rades y Andrada, Las Tres Ordenes, part. 2, fol. 3-9, 49.—Caro de Torres, Ordenes Militares, fol. 49, 50.—Garibay, Compendio, tom. ii. pp. 100-104.

[39] Rades y Andrada, Las Tres Ordenes, part. 3, fol. 1-6.—The knights of Alcantara wore a white mantle, embroidered with a green cross.

[40] Rades y Andrada, Las Tres Ordenes, part. 1, fol. 12-15, 43, 54, 61, 64, 66, 67; part. 2, fol. 11, 51; part. 3, fol. 42, 49, 50.—Caro de Torres, Ordenes Militares, passim.—L. Marineo, Cosas Memorables, fol. 33.—Garibay, Compendio, lib. 11, cap. 13.—Zurita, Anales, tom. v. lib. 1, cap. 19.—Oviedo, Quincuagenas, MS., bat. 1, quinc. 2, dial. 1.

[41] Caro de Torres, Ordenes Militares, fol. 46, 74, 83.—Pulgar, Reyes Catolicos, part. 2, cap. 64.—Rades y Andrada, Las Tres Ordenes, part. 1, fol. 69, 70; part. 2, fol. 82, 83; part. 3, fol. 54.—Oviedo, Quincuagenas, MS., bat. 1, quinc. 2, dial. 1.—The sovereigns gave great offence to the jealous grandees who were competitors for the mastership of St. James, by conferring that dignity on Alonso de Cardenas, with their usual policy of making merit rather than birth the standard of preferment.

[42] Caro de Torres, Ordenes Militares, fol. 84.—Riol has given a full account of the constitution of this council, Informe, apud Semanario Erudito, tom. iii. pp. 164 et seq.

[43] The reader will find a view of the condition and general resources of the military orders as existing in the present century in Spain, in Laborde, Itineraire Descriptif de l'Espagne, (2d edition, Paris, 1827-30,) tom. v. pp. 102-117.

[44] Most readers are acquainted with the curious story, related by Robertson, of the ordeal to which the Romish and Muzarabic rituals were subjected, in the reign of Alfonso VI., and the ascendency which the combination of king-craft and priest-craft succeeded in securing to the former in opposition to the will of the nation. Cardinal Ximenes afterwards established a magnificent chapel in the cathedral church of Toledo for the performance of the Muzarabic services, which have continued to be retained there to the present time. Flechier, Histoire du Cardinal Ximines, (Paris, 1693,) p. 142.—Bourgoanne, Travels in Spain, Eng. trans., vol. iii. chap. 1.

[45] Marina, Ensayo Historico-Critico, nos. 322, 334, 341.—Riol, Informe, apud Semanario Erudito, pp. 92 et seq.

[46] Marina, Ensayo Historico-Critico, nos. 335-337.—Ordenancas Reales, lib. 1, tit. 3, leyes 19, 20; lib. 2, tit. 7, ley 2; lib. 3, tit. 1, ley 6.—Riol, Informe, apud Semanario Erudito, loc. cit.—In the latter part of Henry IV.'s reign, a papal bull had been granted against the provision of foreigners to benefices. Mariana, Hist. de Espana, tom. vii. p. 196, ed Valencia.

[47] Riol, in his account of this celebrated concordat, refers to the original instrument, as existing in his time in the archives of Simancas, Semanario Erudito, tom. iii. p. 95.

[48] "Lo que es publico hoy en Espana e notorio," says Gonzalo de Oviedo, "nunca los Reyes Catholicos desearon ni procuraron sino que proveer e presentar para las dignidades de la Iglesia hombres capazes e idoneos para la buena administracion del servicio del culto divino, e a la buena ensenanza e utilidad de los Christianos sus vasallos; y entre todos los varones de sus Reynos asi por largo conoscimiento como per larga e secreta informacion acordaron encojer e elegir," etc. Quincuagenas, MS., dial. de Talavera.

[49] Salazar de Mendoza, Cron. del Gran Cardenal, lib. 1, cap. 52.—Idem, Dignidades de Castilla, p. 374.—Pulgar, Reyes Catolicos, part. 2, cap. 104.—See also the similar independent conduct pursued by Ferdinand, three years previous, with reference to the see of Taracona, related by Zurita, Anales, tom. iv. fol. 304.

[50] Bernaldez, Reyes Catolicos, MS., cap. 44.—See a letter from one of Henry's subjects, cited by Saez, Monedas de Enrique IV., p. 3.—Also the coarse satire (composed in Henry's reign) of Mingo Revulgo, especially coplas 24-27.

[51] Pragmaticas del Reyno, fol. 64.—Ordenancas Reales, lib. 4, tit. 4, ley 22; lib. 5, tit. 8, ley 2; lib. 6, tit. 9, ley 49; lib. 6, tit. 10, ley 13.—See also other wholesome laws for the encouragement of commerce and general security of property, as that respecting contracts, (lib. 5, tit. 8, ley 5,)—fraudulent tradesmen, (lib. 5, tit. 8, ley 5,)— purveyance, (lib. 6, tit. 11, ley 2 et al.—Recopilacion de las Leyes, lib. 5, tit. 20, 21, 22; lib. 6, tit. 18, ley 1.—Pulgar, Reyes Catolicos, part. 2, cap. 99.—Zurita, Anales, tom. iv. fol. 312.—Mem. de la Acad. de Hist., tom. vi. Ilust. 11.)—The revenue, it appears, in 1477, amounted to 27,415,228 maravedies; and in the year 1482, we find it increased to 150,695,288 maravedies. (Ibid., Ilust. 5.)—A survey of the kingdom was made between the years 1477 and 1479, for the purpose of ascertaining the value of the royal rents, which formed the basis of the economical regulations adopted by the cortes of Toledo. Although this survey was conducted on no uniform plan, yet, according to Senor Clemencin, it exhibits such a variety of important details respecting the resources and population of the country, that it must materially contribute towards an exact history of this period. The compilation, which consists of twelve folio volumes in manuscript, is deposited in the archives of Simancas.

[52] One of the statutes passed at Toledo expressly provides for the erection of spacious and handsome edifices (casas grandes y bien fechas) for the transaction of municipal affairs, in all the principal towns and cities in the kingdom. Ordenancas Reales, lib. 7, tit. 1, ley 1.—See also L. Marineo, Cosas Memorables, passim,—et al. auct.

[53] "Cosa fue por cierto maravillosa," exclaims Pulgar, in his Glosa on the Mingo Revulgo, "que lo que muchos hombres, y grandes senores no se acordaron a hacer en muchos anos, sola una muger, con su trabajo, y gobernacion lo hizo en poco tiempo." Copla 21.

[54] The beautiful lines of Virgil, so often misapplied,

"Jam redit et Virgo; redeunt Saturnia regna; Jam nova progenies," etc.

seem to admit here of a pertinent application.

[55] Carro de las Donas, apud Mem. de la Acad. de Hist., tom. vi. Ilust. 21.—As one example of the moral discipline introduced by Isabella in her court, we may cite the enactments against gaming, which had been carried to great excess under the preceding reigns. (See Ordenancas Reales, lib. 2, tit. 14, ley 31; lib. 8, tit. 10, ley 7.) L. Marineo, according to whom "hell is full of gamblers," highly commends the sovereigns for their efforts to discountenance this vice. Cosas Memorables, fol. 165.

[56] See, for example, the splendid ceremony of Prince John's baptism, to which the gossipping Curate of Los Palacios devotes the 32d and 33d chapters of his History.



CHAPTER VII.

ESTABLISHMENT OF THE MODERN INQUISITION.

Origin of the Ancient Inquisition.—Retrospective View of the Jews in Spain.—Their Wealth and Civilization.—Bigotry of the Age.—Its Influence on Isabella.—Her Confessor, Torquemada.—Bull authorizing the Inquisition.—Tribunal at Seville.—Forms of Trial.—Torture.—Autos da Fe.—Number of Convictions.—Perfidious Policy of Rome.

It is painful, after having dwelt so long on the important benefits resulting to Castile from the comprehensive policy of Isabella, to be compelled to turn to the darker side of the picture, and to exhibit her as accommodating herself to the illiberal spirit of the age in which she lived so far as to sanction one of the grossest abuses that ever disgraced humanity. The present chapter will be devoted to the establishment and early progress of the modern Inquisition; an institution, which has probably contributed more than any other cause to depress the lofty character of the ancient Spaniard, and which has thrown the gloom of fanaticism over those lovely regions which seem to be the natural abode of festivity and pleasure.

In the present liberal state of knowledge, we look with disgust at the pretensions of any human being, however exalted, to invade the sacred rights of conscience, inalienably possessed by every man. We feel that the spiritual concerns of an individual may be safely left to himself as most interested in them, except so far as they can be affected by argument or friendly monition; that the idea of compelling belief in particular doctrines is a solecism, as absurd as wicked; and, so far from condemning to the stake, or the gibbet, men who pertinaciously adhere to their conscientious opinions in contempt of personal interests and in the face of danger, we should rather feel disposed to imitate the spirit of antiquity in raising altars and statues to their memory, as having displayed the highest efforts of human virtue. But, although these truths are now so obvious as rather to deserve the name of truisms, the world has been slow, very slow, in arriving at them, after many centuries of unspeakable oppression and misery.

Acts of intolerance are to be discerned from the earliest period in which Christianity became the established religion of the Roman empire. But they do not seem to have flowed from any systematized plan of persecution, until the papal authority had swollen to a considerable height. The popes, who claimed the spiritual allegiance of all Christendom, regarded heresy as treason against themselves, and, as such, deserving all the penalties, which sovereigns have uniformly visited on this, in their eyes, unpardonable offence. The crusades, which, in the early part of the thirteenth century, swept so fiercely over the southern provinces of France, exterminating their inhabitants, and blasting the fair buds of civilization which had put forth after the long feudal winter, opened the way to the Inquisition; and it was on the ruins of this once happy land, that were first erected the bloody altars of that tribunal. [1]

After various modifications, the province of detecting and punishing heresy was exclusively committed to the hands of the Dominican friars; and in 1233, in the reign of St. Louis, and under the pontificate of Gregory the Ninth, a code for the regulation of their proceedings was finally digested. The tribunal, after having been successively adopted in Italy and Germany, was introduced into Aragon, where, in 1242, additional provisions were framed by the council of Tarragona, on the basis of those of 1233, which may properly be considered as the primitive instructions of the Holy Office in Spain. [2]

This ancient Inquisition, as it is termed, bore the same odious peculiarities in its leading features as the Modern; the same impenetrable secrecy in its proceedings, the same insidious modes of accusation, a similar use of torture, and similar penalties for the offender. A sort of manual, drawn up by Eymerich, an Aragonese inquisitor of the fourteenth century, for the instruction of the judges of the Holy Office, prescribes all those ambiguous forms of interrogation, by which the unwary, and perhaps innocent victim might be circumvented. [3] The principles, on which the ancient Inquisition was established, are no less repugnant to justice, than those which regulated the modern; although the former, it is true, was much less extensive in its operation. The arm of persecution, however, fell with sufficient heaviness, especially during the thirteenth and fourteenth centuries, on the unfortunate Albigenses, who from the proximity and political relations of Aragon and Provence, had become numerous in the former kingdom. The persecution appears, however, to have been chiefly confined to this unfortunate sect, and there is no evidence that the Holy Office, notwithstanding papal briefs to that effect, was fully organized in Castile, before the reign of Isabella. This is perhaps imputable to the paucity of heretics in that kingdom. It cannot, at any rate, be charged to any lukewarmness in its sovereigns; since they, from the time of St. Ferdinand, who heaped the fagots on the blazing pile with his own hands, down to that of John the Second, Isabella's father, who hunted the unhappy heretics of Biscay, like so many wild beasts, among the mountains, had ever evinced a lively zeal for the orthodox faith. [4]

By the middle of the fifteenth century, the Albigensian heresy had become nearly extirpated by the Inquisition of Aragon; so that this infernal engine might have been suffered to sleep undisturbed from want of sufficient fuel to keep it in motion, when new and ample materials were discovered in the unfortunate race of Israel, on whom the sins of their fathers have been so unsparingly visited by every nation in Christendom, among whom they have sojourned, almost to the present century. As this remarkable people, who seem to have preserved their unity of character unbroken, amid the thousand fragments into which they have been scattered, attained perhaps to greater consideration in Spain than in any other part of Europe, and as the efforts of the Inquisition were directed principally against them during the present reign, it may be well to take a brief review of their preceding history in the Peninsula.

Under the Visigothic empire the Jews multiplied exceedingly in the country, and were permitted to acquire considerable power and wealth. But no sooner had their Arian masters embraced the orthodox faith, than they began to testify their zeal by pouring on the Jews the most pitiless storm of persecution. One of their laws alone condemned the whole race to slavery; and Montesquieu remarks, without much exaggeration, that to the Gothic code may be traced all the maxims of the modern Inquisition, the monks of the fifteenth century only copying, in reference to the Israelites, the bishops of the seventh. [5]

After the Saracenic invasion, which the Jews, perhaps with reason, are accused of having facilitated, they resided in the conquered cities, and were permitted to mingle with the Arabs on nearly equal terms. Their common Oriental origin produced a similarity of tastes, to a certain extent, not unfavorable to such a coalition. At any rate, the early Spanish Arabs were characterized by a spirit of toleration towards both Jews and Christians, "the people of the book," as they were called, which has scarcely been found among later Moslems. [6] The Jews, accordingly, under these favorable auspices, not only accumulated wealth with their usual diligence, but gradually rose to the highest civil dignities, and made great advances in various departments of letters. The schools of Cordova, Toledo, Barcelona, and Granada were crowded with numerous disciples, who emulated the Arabians in keeping alive the flame of learning, during the deep darkness of the Middle Ages. [7] Whatever may be thought of their success in speculative philosophy, [8] they cannot reasonably be denied to have contributed largely to practical and experimental science. They were diligent travellers in all parts of the known world, compiling itineraries which have proved of extensive use in later times, and bringing home hoards of foreign specimens and Oriental drugs, that furnished important contributions to the domestic pharmacopoeias. [9] In the practice of medicine, indeed, they became so expert, as in a manner to monopolize that profession. They made great proficiency in mathematics, and particularly in astronomy; while, in the cultivation of elegant letters, they revived the ancient glories of the Hebrew muse. [10] This was indeed the golden age of modern Jewish literature, which, under the Spanish caliphs, experienced a protection so benign, although occasionally checkered by the caprices of despotism, that it was enabled to attain higher beauty and a more perfect development in the tenth, eleventh, twelfth, and thirteenth centuries, than it has reached in any other part of Christendom. [11]

The ancient Castilians of the same period, very different from their Gothic ancestors, seem to have conceded to the Israelites somewhat of the feelings of respect, which were extorted from them by the superior civilization of the Spanish Arabs. We find eminent Jews residing in the courts of the Christian princes, directing their studies, attending them as physicians, or more frequently administering their finances. For this last vocation they seem to have had a natural aptitude; and, indeed, the correspondence which they maintained with the different countries of Europe by means of their own countrymen, who acted as the brokers of almost every people among whom they were scattered during the Middle Ages, afforded them peculiar facilities both in politics and commerce. We meet with Jewish scholars and statesmen attached to the courts of Alfonso the Tenth, Alfonso the Eleventh, Peter the Cruel, Henry the Second, and other princes. Their astronomical science recommended them in a special manner to Alfonso the Wise, who employed them in the construction of his celebrated Tables. James the First of Aragon condescended to receive instruction from them in ethics; and, in the fifteenth century, we notice John the Second, of Castile, employing a Jewish secretary in the compilation of a national Cancionero. [12]

But all this royal patronage proved incompetent to protect the Jews, when their flourishing fortunes had risen to a sufficient height to excite popular envy, augmented, as it was, by that profuse ostentation of equipage and apparel, for which this singular people, notwithstanding their avarice, have usually shown a predilection. [13] Stories were circulated of their contempt for the Catholic worship, their desecration of its most holy symbols, and of their crucifixion, or other sacrifice, of Christian children, at the celebration of their own passover. [14] With these foolish calumnies, the more probable charge of usury and extortion was industriously preferred against them, till at length, towards the close of the fourteenth century, the fanatical populace, stimulated in many instances by the no less fanatical clergy, and perhaps encouraged by the numerous class of debtors to the Jews, who found this a convenient mode of settling their accounts, made a fierce assault on this unfortunate people in Castile and Aragon, breaking into their houses, violating their most private sanctuaries, scattering their costly collections and furniture, and consigning the wretched proprietors to indiscriminate massacre, without regard to sex or age. [15]

In this crisis, the only remedy left to the Jews was a real or feigned conversion to Christianity. St. Vincent Ferrier, a Dominican of Valencia, performed such a quantity of miracles, in furtherance of this purpose, as might have excited the envy of any saint in the Calendar; and these, aided by his eloquence, are said to have changed the hearts of no less than thirty-five thousand of the race of Israel, which doubtless must be reckoned the greatest miracle of all. [16]

The legislative enactments of this period, and still more under John the Second, during the first half of the fifteenth century, were uncommonly severe upon the Jews. While they were prohibited from mingling freely with the Christians, and from exercising the professions for which they were best qualified, [17] their residence was restricted within certain prescribed limits of the cities which they inhabited; and they were not only debarred from their usual luxury of ornament in dress, but were held up to public scorn, as it were, by some peculiar badge or emblem embroidered on their garments. [18] Such was the condition of the Spanish Jews at the accession of Ferdinand and Isabella. The new Christians, or converts, as those who had renounced the faith of their fathers were denominated, were occasionally preferred to high ecclesiastical dignities, which they illustrated by their integrity and learning. They were intrusted with municipal offices in the various cities of Castile; and, as their wealth furnished an obvious resource for repairing, by way of marriage, the decayed fortunes of the nobility, there was scarcely a family of rank in the land, whose blood had not been contaminated, at some period or other, by mixture with the mala sangre, as it came afterwards to be termed, of the house of Judah; an ignominious stain, which no time has been deemed sufficient wholly to purge away. [19]

Notwithstanding the show of prosperity enjoyed by the converted Jews, their situation was far from secure. Their proselytism had been too sudden to be generally sincere; and, as the task of dissimulation was too irksome to be permanently endured, they gradually became less circumspect, and exhibited the scandalous spectacle of apostates returning to wallow in the ancient mire of Judaism. The clergy, especially the Dominicans, who seem to have inherited the quick scent for heresy which distinguished their frantic founder, were not slow in sounding the alarm; and the superstitious populace, easily roused to acts of violence in the name of religion, began to exhibit the most tumultuous movements, and actually massacred the constable of Castile in an attempt to suppress them at Jaen, the year preceding the accession of Isabella. After this period, the complaints against the Jewish heresy became still more clamorous, and the throne was repeatedly beset with petitions to devise some effectual means for its extirpation. [20]

A chapter of the Chronicle of the Curate of Los Palacios, who lived at this time in Andalusia, where the Jews seem to have most abounded, throws considerable light on the real, as well as pretended motives of the subsequent persecution. "This accursed race," he says, speaking of the Israelites, "were either unwilling to bring their children to be baptized, or, if they did, they washed away the stain on returning home. They dressed their stews and other dishes with oil, instead of lard; abstained from pork; kept the passover; ate meat in lent; and sent oil to replenish the lamps of their synagogues; with many other abominable ceremonies of their religion. They entertained no respect for monastic life, and frequently profaned the sanctity of religious houses by the violation or seduction of their inmates. They were an exceedingly politic and ambitious people, engrossing the most lucrative municipal offices; and preferred to gain their livelihood by traffic, in which they made exorbitant gains, rather than by manual labor or mechanical arts. They considered themselves in the hands of the Egyptians, whom it was a merit to deceive and plunder. By their wicked contrivances they amassed great wealth, and thus were often able to ally themselves by marriage with noble Christian families." [21]

It is easy to discern, in this medley of credulity and superstition, the secret envy, entertained by the Castilians, of the superior skill and industry of their Hebrew brethren, and of the superior riches which these qualities secured to them; and it is impossible not to suspect, that the zeal of the most orthodox was considerably sharpened by worldly motives.

Be that as it may, the cry against the Jewish abominations now became general. Among those most active in raising it, were Alfonso de Ojeda, a Dominican, prior of the monastery of St. Paul in Seville, and Diego de Merlo, assistant of that city, who should not be defrauded of the meed of glory to which they are justly entitled by their exertions for the establishment of the modern Inquisition. These persons, after urging on the sovereigns the alarming extent to which the Jewish leprosy prevailed in Andalusia, loudly called for the introduction of the Holy Office, as the only effectual means of healing it. In this they were vigorously supported by Niccolo Franco, the papal nuncio then residing at the court of Castile. Ferdinand listened with complacency to a scheme, which promised an ample source of revenue in the confiscations it involved. But it was not so easy to vanquish Isabella's aversion to measures so repugnant to the natural benevolence and magnanimity of her character. Her scruples, indeed, were rather founded on sentiment than reason, the exercise of which was little countenanced in matters of faith, in that day, when the dangerous maxim, that the end justifies the means, was universally received, and learned theologians seriously disputed whether it were permitted to make peace with the infidel, and even whether promises made to them were obligatory on Christians. [22]

The policy of the Roman church, at that time, was not only shown in its perversion of some of the most obvious principles of morality, but in the discouragement of all free inquiry in its disciples, whom it instructed to rely implicitly in matters of conscience on their spiritual advisers. The artful institution of the tribunal of confession, established with this view, brought, as it were, the whole Christian world at the feet of the clergy, who, far from being always animated by the meek spirit of the Gospel, almost justified the reproach of Voltaire, that confessors have been the source of most of the violent measures pursued by princes of the Catholic faith. [23] Isabella's serious temper, as well as early education, naturally disposed her to religious influences. Notwithstanding the independence exhibited by her in all secular affairs, in her own spiritual concerns she uniformly testified the deepest humility, and deferred too implicitly to what she deemed the superior sagacity, or sanctity, of her ghostly counsellors. An instance of this humility may be worth recording. When Fray Fernando de Talavera, afterwards archbishop of Granada, who had been appointed confessor to the queen, attended her for the first time in that capacity, he continued seated, after she had knelt down to make her confession, which drew from her the remark, "that it was usual for both parties to kneel." "No," replied the priest, "this is God's tribunal; I act here as his minister, and it is fitting that I should keep my seat, while your Highness kneels before me." Isabella, far from taking umbrage at the ecclesiastic's arrogant demeanor, complied with all humility, and was afterwards heard to say, "This is the confessor that I wanted." [24]

Well had it been for the land, if the queen's conscience had always been intrusted to the keeping of persons of such exemplary piety as Talavera. Unfortunately, in her early days, during the lifetime of her brother Henry, that charge was committed to a Dominican monk, Thomas de Torquemada, a native of old Castile, subsequently raised to the rank of prior of Santa Cruz in Segovia, and condemned to infamous immortality by the signal part which he performed in the tragedy of the Inquisition. This man, who concealed more pride under his monastic weeds than might have furnished forth a convent of his order, was one of that class, with whom zeal passes for religion, and who testify their zeal by a fiery persecution of those whose creed differs from their own; who compensate for their abstinence from sensual indulgence, by giving scope to those deadlier vices of the heart, pride, bigotry, and intolerance, which are no less opposed to virtue, and are far more extensively mischievous to society. This personage had earnestly labored to infuse into Isabella's young mind, to which his situation as her confessor gave him such ready access, the same spirit of fanaticism that glowed in his own. Fortunately, this was greatly counteracted by her sound understanding, and natural kindness of heart. Torquemada urged her, or, indeed, as is stated by some, extorted a promise, that, "should she ever come to the throne, she would devote herself to the extirpation of heresy, for the glory of God, and the exaltation of the Catholic faith." [25] The time was now arrived when this fatal promise was to be discharged.

It is due to Isabella's fame to state thus much in palliation of the unfortunate error into which she was led by her misguided zeal; an error so grave, that, like a vein in some noble piece of statuary, it gives a sinister expression to her otherwise unblemished character. [26] It was not until the queen had endured the repeated importunities of the clergy, particularly of those reverend persons in whom she most confided, seconded by the arguments of Ferdinand, that she consented to solicit from the pope a bull for the introduction of the Holy Office into Castile. Sixtus the Fourth, who at that time filled the pontifical chair, easily discerning the sources of wealth and influence, which this measure opened to the court of Rome, readily complied with the petition of the sovereigns, and expedited a bull bearing date November 1st, 1478, authorizing them to appoint two or three ecclesiastics, inquisitors for the detection and suppression of heresy throughout their dominions. [27]

The queen, however, still averse to violent measures, suspended the operation of the ordinance, until a more lenient policy had been first tried. By her command, accordingly, the archbishop of Seville, Cardinal Mendoza, drew up a catechism exhibiting the different points of the Catholic faith, and instructed the clergy throughout his diocese to spare no pains in illuminating the benighted Israelites, by means of friendly exhortation and a candid exposition of the true principles of Christianity. [28] How far the spirit of these injunctions was complied with, amid the excitement then prevailing, may be reasonably doubted. There could be little doubt, however, that a report, made two years later, by a commission of ecclesiastics with Alfonso de Ojeda at its head, respecting the progress of the reformation, would be necessarily unfavorable to the Jews. [29] In consequence of this report the papal provisions were enforced by the nomination, on the 17th of September, 1480, of two Dominican monks as inquisitors, with two other ecclesiastics, the one as assessor, and the other as procurator fiscal, with instructions to proceed at once to Seville, and enter on the duties of their office. Orders were also issued to the authorities of the city to support the inquisitors by all the aid in their power. But the new institution, which has since become the miserable boast of the Castilians, proved so distasteful to them in its origin, that they refused any co-operation with its ministers, and indeed opposed such delays and embarrassments, that, during the first years, it can scarcely be said to have obtained a footing in any other places in Andalusia, than those belonging to the crown. [30]

On the 2d of January, 1481, the court commenced operations by the publication of an edict, followed by several others, requiring all persons to aid in apprehending and accusing all such as they might know or suspect to be guilty of heresy, [31] and holding out the illusory promise of absolution to such as should confess their errors within a limited period. As every mode of accusation, even anonymous, was invited, the number of victims multiplied so fast, that the tribunal found it convenient to remove its sittings from the convent of St. Paul, within the city, to the spacious fortress of Triana, in the suburbs. [32]

The presumptive proofs by which the charge of Judaism was established against the accused are so curious, that a few of them may deserve notice. It was considered good evidence of the fact, if the prisoner wore better clothes or cleaner linen on the Jewish sabbath than on other days of the week; if he had no fire in his house the preceding evening; if he sat at table with Jews, or ate the meat of animals slaughtered by their hands, or drank a certain beverage held in much estimation by them; if he washed a corpse in warm water, or when dying turned his face to the wall; or, finally, if he gave Hebrew names to his children; a provision most whimsically cruel, since, by a law of Henry the Second, he was prohibited under severe penalties from giving them Christian names. He must have found it difficult to extricate himself from the horns of this dilemma. [33] Such are a few of the circumstances, some of them purely accidental in their nature, others the result of early habit, which might well have continued after a sincere conversion to Christianity, and all of them trivial, on which capital accusations were to be alleged, and even satisfactorily established. [34]