1850_Aguilar,Grace_ValeofCedars_Novel_88.topic_19.txt

the wisdom and moderation of an enlightened Sovereign, to give them force and power to act. In the kingdom of Arragon, besides the Junta, or National Assemblage, there was always a Justizia, or supreme judge, whose power, in some respects, was even greater than the King's; his person was sacred; he could remove any of the royal ministers whom he deemed unworthy of the trust, and was himself responsible to none but the Cortes or Junta by whom he had been elected. The personal as well as the national rights of the Arragonese, were also more accurately defined than was usual in that age: no native of Arragon could be convicted, imprisoned, or tortured, without fair and legal evidence.[A] [Footnote A: See History of Spain, by John Bigland.] Such being the customs of the kingdom of Arragon, the power of the crown was more limited than Ferdinand's capacious mind and desire of dominion chose to endure: the Cortes, or nobles, there were pre-eminent; the people, as the Sovereign, ciphers, save that the rights of the former were more cared for than the authority of the latter. But Ferdinand was not merely ambitious; he had ability and energy, and so gradually were his plans achieved that he encountered neither rebellion nor dislike. The Cortes found that he frequently and boldly transacted business of importance without their interference; entrusted offices of state to men of inferior rank, but whose abilities were the proof of his discernment; took upon himself the office of Justizia, and, in conjunction with Isabella, re-established an institution which had fallen into disuse through the civil wars, but which was admirably suited for the internal security of their kingdom by the protection of the peasantry and lower classes: it was an association of all the cities of Castile and Arragon, known as the Sainta Hermandad, or Holy Brotherhood, to maintain a strong body of troops for the protection of travellers, and the seizure of criminals, who were brought before judges nominated by the confederated cities, and condemned according to their crime, without any regard to feudal laws. Against this institution the nobles of both kingdoms were most violently opposed, regarding it as the complete destroyer, which in reality it was, of all their feudal privileges, and taking from them the long possessed right of trying their own fiefs, and the mischievous facility of concealing their own criminals. Thus much of history—a digression absolutely necessary for the clear elucidation of Ferdinand and Isabella's conduct with regard to the events just narrated. The trial of Arthur Stanley they had resolved should be