Page:History of the Reign of Ferdinand and Isabella the Catholic Vol. I.djvu/126

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cviii
cviii

INTRODUCTION. Security against its ahuse. iNTROD. chafed by this opposition, procured the resignation or deposition, on more than one occasion of the ob- noxious magistrate.^^ But, as such an exercise of prerogative must have been altogether subversive of an independent discharge of the duties of this office, it was provided by a statute of Alfonso the Fifth, in 1442, that the Justice should continue in office during life, removable only, on sufficient cause, by the king and the cortes united/^ Several provisions were enacted, in order to se- cure the nation more effectually against the abuse of the high trust reposed in this officer. He was to be taken from the equestrian order, which, as intermediate between the high nobility and the people, was less likely to be influenced by undue partiality to either. He could not be selected from the ricos hombres, since this class was exempted from corporal punishment, while the Justice was made responsible to the cortes for the faithful dis- charge of his duties, under penalty of death. ^^ As this supervision of the whole legislature was found unwieldy in practice, it was superseded, after va- rious modifications by a commission of members elected from each one of the four estates, empow- ered to sit every year in Saragossa, with authority to investigate the charges preferred against the Jus- tice, and to pronounce sentence upon him. ^* agonese support their magistrate in the boldest exercise of his au- thority. 61 This occurred once under Pe- ter III., and twice under Alfonso V. (Zurita, Anales, torn. iii. fol. 255. — Blancas, Commentarii, pp. 171, 489, 499.) The Justice was ap- pointed by the king. 62 Fueros y Observancias, torn, i. fol. 22. 63 Ibid., torn. i. fol. 25. 64 Ibid., torn. i. lib. 3, tit. Fo- rum Inquisitionis Officii Just. Arag.,