Page:History of the Reign of Ferdinand and Isabella the Catholic Vol. I.djvu/125

cvii ARAGON. cvii It was the avowed purpose of the institution of section the Justicia to interpose such an authority between - - the crown and the people, as might suffice for the entire protection of the latter. This is the express import of one of the laws of Soprarbe, which, what- ever be thought of their authenticity, are undeni- ably of very high antiquity. ^^ This part of his duties is particularly insisted on by the most emi- nent juridical writers of the nation. Whatever es- timate, therefore, may be formed of the real extent of his powers, as compared with those of similar functionaries in other states of Europe, there can be no doubt that this ostensible object of their crea- tion, thus openly asserted, must have had a great tendency to enforce their practical operation. Ac- cordingly we find repeated examples, in the history of Aragon, of successful interposition on the part of the Justice for the protection of individuals per- secuted by the crown, and in defiance of every attempt at intimidation.^" The kings of Aragon, puled by later commentators to the si quas forsan Reipub. intulerit, jus Justicia. (Histoire des Cortes, fasque esto." Blancas, Coramen- chap. 19.) The vague, rhapsod- tarii, p. 26. ical tone of the extract shows it to 60 Such instances may be found be altogether undeserving of the in Zurita, Anales, torn. ii. fol. 385, emphasis laid on it ; not to add, 414. — Blancas, Commentarii, pp. that it was written more than a 199, 202-206, 214, 225. — When century before the period, when the Ximenes Cerdan, the independent Justicia possessed the influence or Justice of John I., removed certain the legal authority claimed for him citizens from the prison, in which by Aragonese writers, — by Blan- they had been unlawfully confined cas, in particular, from whom by the king, in defiance equally of Sempere borrowed the passage at that ofiicer's importunities and men- second hand. aces, the inhabitants of Saragossa, 59 The law alluded to runs thus, says Abarca, came out in a body to " Ne quid autem damni detrimen- receive him on his return to the tive leges aut libertates nostrse pa- city, and greeted him as the defen- tiantur, judex quidam medius ades- der of their ancient and natural lib- to, ad quem a Rege provocare, si erties. (Reyes de Aragon, tom. i. aliquera laeserit, injuriasque arcere fol. 155.) So openly did the Ar-