Page:History of the Reign of Ferdinand and Isabella the Catholic Vol. I.djvu/124

CVl INTRODUCTION. iNTROD two provisions, by which the precipitate and per- haps intemperate proceedings of subordinate judi- catures were subjected to the revision of a dignified and dispassionate tribunal, might seem to afford suf- ficient security for personal liberty and property. " In addition to these official functions, the Justice of Aragon was constituted a permanent counsellor of the sovereign, and, as such, was required to accompany him wherever he might reside. He was to advise the king on all constitutional ques- tions of a doubtful complexion ; and finally, on a new accession to the throne, it was his province to administer the coronation oath ; this he performed with his head covered, and sitting, while the mon- arch, kneeling before him bare-headed, solemnly promised to maintain the liberties of the kingdom. A ceremony eminently symbolical of that superiori- ty of law over prerogative, which was so constant- ly asserted in Aragon. ^^ 57 Fueros y Observancias, torn. Hallam, Middle Ages, vol. ii. pp. i. fol.23, 60 et seq., 155, lib. 3, lit. 75-77, notes. De Manifestationibus Personarum. When complex litigation became — Also fol. 137 et seq., tit. 7, De more frequent, the Justice was al- Firmis Juris. — Blancas, Commen- lowed one, afterwards two, and at a tarii, pp. 350, 351. — Zurita, An- still later period, in 1528, five lieu- ales, lib. 10, cap. 37. — The first tenants, as they were called, who of these processes was styled Jirma aided him in the discharge of his de dcrecko, the last, manifcstacion. onerous duties. Martel, Forma de The Spanish writers are warm in Celebrar Cortes, Notas de Uztar- their encomiums of these two pro- roz, pp. 92-96. — Blancas, Corn- visions. " Quibus duobus pra?si- mentarii, pp. 3G1-366. diis," says Blancas, " ita nostras ^ Ibid., pp. 343, 346, 347. — reipublicas status continetur, ut Idem, Coronaciones, pp. 200, 202. nulla pars communium fortunarum — Antonio Perez, Relaciones, fol. tutela vacua rclinquatur." Both 92. this author and Zurita have ampli- Sempere cites the opinion of an fied the details respecting them, ancient canonist, Canellas, bishop which the reader may find extract- ofHuesca, as conclusive against tho ed, and in part translated by Mr. existence of the vast powers im-