Page:History of the Reign of Ferdinand and Isabella the Catholic Vol. I.djvu/127

cix ARAGON. cix The Aragonese writers are prodigal of their en- section comiums on the preeminence and dignity of this • • ^ ., ~(. . , • 1 J i_ >. Independent tunctionary, whose oince might seem, indeed, but execution a doubtful expedient for balancing the authority of the sovereign ; depending for its success less on any legal powers confided to it, than on the efficient and constant support of public opinion. Fortu- nately the Justice of Aragon uniformly received such support, and was thus enabled to carry the original design of the institution into effect, to check the usurpations of the crown, as well as to control the license of the nobility and the people. A series of learned and independent magistrates, by the weight of their own character, gave additional dignity to the office. The people, familiarized with the benignant operation of the law, referred to peaceful arbitration those great political questions, which, in other countries at this period, must have been settled by a sanguinary revolution. ^^ While, and torn. ii. fol. 37-41. — Blancas, rather 1467. Robertson appears Commentarii, pp. 391-399. to have confounded the council of The examination was conducted seventeen with the court of inquisi- in the first instance before a court tion. See his History of Charles of four inquisitors, as they were V., vol. i. note 31. termed ; who, after a patient hear- 65 Probably no nation of the pe- ing of both sides, reported the re- riod would have displayed a tem- sult of their examination to a coun- perance similar to that exhibited cil of seventeen, chosen like them by the Aragonese at the beginning from the cortes, from whose de- of the fifteenth century, in 1412 ; cision there was no appeal. No when the people, having been split lawyer was admitted into this coun- into factions by a contested succes- cil, lest the law might be distorted sion, agreed to refer the dispute by verba, quibbles, says Blancas. to a committee of judges, elected The council, however, was allowed equally from the three great prov- the advice of two of the profession, inces of the kingdom; who, after They voted by ballot, and the ma- an examination conducted with all jority decided. Such, after various the forms of law, and on the same modifications, were the regulations equitable principles as would have ultimately adopted in 1461, or guided the determination of a pri-