Page:History of the Reign of Ferdinand and Isabella the Catholic Vol. I.djvu/76

Iviii INTRODUCTION. INTROD. The nobil- ity. The peculiar situation of Castile, which had been so favorable to popular rights, was eminently so to those of the aristocracy. The nobles, embarked with their sovereign in the same common enterprise of rescuing their ancient patrimony from its in- vaders, felt entitled to divide with him the spoils of victory. Issuing forth, at the head of their own retainers, from their strong-holds or castles, (the great number of which was originally implied in the name of the country,)^' they were continually enlarging the circuit of their territories, with no other assistance than that of their own good swords.'*^ This independent mode of effecting their conquests would appear unfavorable to the introduction of the feudal system, which, although its existence in Castile is clearly ascertained, by positive law, as well as usage, never prevailed to any thing like the same extent as it did in the sister kingdom of Aragon, and other parts of Europe.^" 48 Casiilla. See Salazar de Men- doza, Monarquia, torn. i. p. 108. — Livy mentions the great number of these towers in Spain in his day. " Multas et locis altis positas turres Hispania habet." (Lib. 22, cap. 19.) — A castle was emblazoned on the escutcheon of Castile, as far back as the reign of Urraca, in the beginning of the twelfth century, according to Salazar de Mendoza, (Monarquia, torn. i. p. 142,) al- though Garibay discerns no vestige of these arms on any instrument of a much older dale than the begin- ning of the thirteenth century. Compendio, lib. 12, cap. 32. 49 " Hizo giicrra a los Moros. nnniiiido sus forliilczas Y sus villus. Y en las lides que vencl6 Caballeros y caballos Se perdi^ron, Y en este oficio gano Las rentas y los vasallos Que le dioron." Coplas de Manriqiie, copla 31. 50 Asso and Manuel derive the introduction of fiefs into Castile, from Catalonia. (Instituciones, p. 96.) The twenty-sixth title, jjart. 4, of Alfonso X.'s code, (biete Partidas,) treats exclusively of them. (De losFeudos.) The laws 2, 4, 5, are expressly devoted to a brief exposition of the nature of a fief, the ceremonies of investiture, and the reciprocal obligations of lord and vassal. Those of tiie lat- ter consisted in keeping his lord's counsel, maintaining his interest, and aiding him in war. With rUl this, there are anomalies in liiis code, and still more in the usages