Latin America: Its Rise and ProgressGarcía Calderón, Francisco
History
Latin America: Its Rise and Progress
García Calderón, Francisco
Latin America
says a Spanish rhyme. Obedience to the king is conditional; it is
based upon the monarch's respect for the supreme order of justice,
and his submission to a tacit or explicit contract between king and
people. Charters, traditions, and usages limit the absolutism of the
monarch. In the Cortes of Orcana in 1469 it is declared that the
king is the "mercenary" of the people, who pay him a "salary."[2]
All Spanish obedience is steeped in this kind of pride; the nobles of
Aragon feel themselves individually the equals of the king, and
collectively his superior. The cities, federated into _hermandades_
or unions, treat with the monarch; they form a State within the
State; they oppose the Government and force it to recognise their
privileges. In 1226 the cities of Aragon and Catalonia demand of
Jaime II. the grant of a charter of popular rights. Insurrections
are frequent, and are incarnated in a hero of the rude national epic:
the _Cid_. Mariana, a historian, authorises any violence directed
against royal tyranny.
{36}
This individualism upholds a strict justice against the narrowness of
the laws and the Byzantine debates of lawyers; against sentences,
penalties, and tribunals. Poems and proverbs express this continual
clash between the juridic ideal and the law; the Peninsular
conscience condemns the partial and precarious justice of the codes.
Joaquin Costa writes: "Of all the epics known to me--whether national
or racial--the Spanish has done most to elevate the principle of
justice, and has rendered the cult of justice most fervent." Austere
and inviolable, the law represents a category of eternal relations,
beside which all individualities are insignificant, even that of the
king, and all institutions fragile, even the Church.
Public-domain text, read in full here on John Shaqi.
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