lib. 7. Rec. [L. 1. tit. 13. lib. 6. § 17. Nov. Rec.] 9th, That foreign pedlers shall not walk the streets for the purpose of selling, &c. Aut. 1. tit. 20. lib. 7. Rec. [L. 11. tit. 5. lib. 9. Nov. Rec.] 10th, That they cannot have shambles, nor bakers' shops, nor fish markets, in the towns, L. 2. tit. 3. lib. 7. Rec. [L. 2. tit. 5. lib. 7. Nov. Rec.] 11th, But they shall not pay tribute-money (moneda forera) if it appear that they have dwelt at least three years out of the kingdom, L. 7. tit. 33. lib. 9. Rec.9

Under another more confined signification we understand by the foreigners of a province those who are not born in it; and under this meaning the charters or particular laws of Arragon prohibited any foreigner from obtaining employments or places of dignity in the kingdom. But king Philip V. by a decree of 7th July, 1723, which is embodied in Auto 30. tit. 2. lib. 3. Rec. [L. 5. tit. 14. lib. 1. Nov. Rec.] commanded that all persons born in the other dominions of Castille should be admitted equally to these offices or employments in his kingdom, leaving in force the law of Mallorca, (Majorca) which directs that no one except a Mallorquin (native of Majorca,) can obtain any dignity or place of profit in their church, Aut. 30. tit. 2. lib. 3. Rec. [L. 5. tit. 14. lib. 1. Nov. Rec.]

Cap. 3. The second division of men, according to their civil state or capacity, is into nobles, knights, gentry, or persons descended from nobility, (hidalgos), and plebeians. Our laws clearly distinguish these four classes, as will be seen in the course of this chapter.

§ 1. We may define nobility, a union of good actions, to which our ancestors gave the denomination of gentility, (gentilidad); which shows as it were a nobleness of temper or goodness. This is [24] inferred from L. 2. tit. 21. P. 2. [L. 2. tit. 21. P. 2.] which distinguishes three sorts of nobility or nobleness, that by lineage, by wisdom, and actions. The nobleness of actions joined with that of lineage is accounted the most distinguished or the best, L. 2. tit. 21. P. 2. [L. 2. tit. 21. P. 2.] and the latter without the former loses much of its value or consideration, L. 6. tit. 9. P. 2.11 There is another sort of nobility by possession, which is acquired by title of twenty years, L. 8. tit. 11. lib. 2. Rec. [L. 4. tit. 27. lib. 11. Nov. Rec.] which alters L. 1. tit. 7. lib. 5. Rec.12 [L. 1. tit. 17. lib. 10. Nov. Rec.] which required forty years. This class of nobles most respected or valued, is that which is noble by birth, actions, or wisdom; and it will be found that the nobles of this class are and ought to be preferred to the great offices of state, L. 2. tit. 9. P. 2. [L. 2. tit. 9. P. 2.]; having been held in such estimation from the beginning of our monarchy, that when the crown was given by election to any of the Goths, nobility was necessary to his election as king, L. 8. Prol. del Fuero Juzgo.

9 Obsolete.

10 Omitted in Novisima Recop.

See in this law the distinction and qualities of a Rico ome.

12 Palacios observes, that this law does not treat of nobility, but of some of the various modes of proof in respect to entailed property.

For which reason the nobles enjoy many privileges and exemptions, which may be reduced to three kinds, 1st, Exemption from payment of common tributes, or taxes. 2d, Exemption from torture13 and imprisonment for civil debt.14 3d, The exemption from being obliged to retract any insult which they had offered.

The first who exempted the nobles from the payment of taxes was Count Don Sancho, Garcia de Nobilit. Glos. 6. n. s. This privilege will be found confirmed by Ll. 7. 9. tit. 11. lib. 2. and 10. tit. 2. lib. 6. Rec.; [L. 3. tit. 2. lib. 6. and L. 2. tit. 27. lib. 11. Nov. Rec. and L. 1. tit. 2. lib. 6. Nov. Rec.]; although L. 19. tit. 14. lib. 6. Rec. [L. 5. tit. 18. lib. 6. Nov. Rec.] directs that they shall contribute to public works. This exemption from the payment of taxes extends to the widow of the noble, because she ought to be honored as her husband was, L. 9. tit. 11. lib. 2.; and L. 25. tit. 11. lib. 5. Rec.; [L. 2. tit. 27. lib. 11. Nov. Rec. and L. 8. tit. 5. lib. 9. Nov. Rec.]; and it ceases upon her marrying one who is liable to pay taxes, but reverts upon her on again becoming a widow, L. 9. tit. 11. Lib. 2. Rec. [L. 2. tit. 27. lib. 11. Nov. Rec.] The ancient solemnity must be observed to which Villadiego refers in L. 8. Prol. del Fuero Juzgo, n. 52., as necessary to restore her to the enjoyment of this privilege.

The exemption from imprisonment contained in L. 4. tit. 2. lib. 6. Rec.15 [L. 2. tit. 2. lib. 6. Nov. Rec.] ceases, 1st, If the noble renounces it with a solemn oath,16 Villadiego a L. 8. Prol. del Fuero Juzgo, n. 64. 2d, If at the time of contracting the civil debt, he concealed the fact of his nobility from the contracting party, Gomez [25] on L. 79. of Toro, n. 4. 3d, If the noble is made collector of royal tributes or taxes, Ll. 14. 4. tit. 2. lib. 6. Rec. [Ll. 15. and 2. tit. 2. lib. 6. Nov. Rec.] 4th, If the debt proceeds from crime or quasi crime, L. 10. tit. 2. lib. 6. Rec.; [L. 10. tit. 2. lib. 6. Nov. Rec.]; in which case a better prison is allotted to the noble than the common one for the people, L. 11. tit. 2. lib. 6. Rec. [L. 11. tit. 2. lib. 6. Nov. Rec. As recanting or giving oneself the lie was always accounted a disgraceful thing, the law was desirous of excepting the nobles from such punishment, L. 2. tit. 10. lib. 8. Rec. [L. 7. tit. 27. lib. 7. Nov. Rec.] Villadiego on L. 6. tit. 3. lib. 12. del Fuero Juzgo, n. 16. Another very particular privilege of the nobles is,

13 See also Ll. 13. and 14. tit. 2. lib. 6. Nov. Rec.

14 Except for dues to the crown. Vide Ll. 2. and 15. tit. 2. lib. 6. Nov. Rec. In respect to arrest and imprisonment for civil debt, or in civil cases, as regards persons residing in Trinidad, vide Order in Council, 16th September, 1822. Appendix J.

15 Read, as pointed out by Palacios, L. 14. ibid. [L. 15. tit. 2. lib. 6. Nov. Rec.] 16 Palacios observes, that the noble cannot renounce this privilege, since he is forbidden by L. 14. tit. 2. lib. 6. Rec. [L. 15. tit. 2. lib. 6. Nov. Rec.] under pain of such renunciation being null: that, consequeutly, the oath cannot confirm a thing which does not exist, for that, as enacted by L. 28. tit. 11. P. 5. no covenant which is against law shall be binding or enforced; although made under a penalty or oath.

17 Or rather, if he denied the fact: but it was otherwise if the creditor was aware of the fact of nobility, or the party contracting was himself ignorant of it. Vide the reference in the text.

that the officers of justice cannot break open1s their house, L. 61. tit. 4. lib. 2. Rec. [L. 14. tit. 2. lib. 6. Nov. Rec.]

As doctors compose the second class of nobles treated of by L. 2. tit. 21. P. 2., [L. 2. tit. 21. P. 2.] it is not surprising that they should also enjoy an exemption from taxes, Ll. 8. 9. tit. 6. lib. 1. Rec.19 [L. 2. tit. 17. lib. 6. and L. 7. tit. 5. lib. 1. Nov. Rec.] But this does not extend to bachelors, L. 2. tit. 14. lib. 6. Rec., L. 10. tit. 18. Lib. 6. Nov. Rec.], nor to the illegitimate or natural children of nobles and descendants of nobility (hijosdalgo), L. 20. tit. 11. Lib. 2.; and L. 9. tit. 8. Lib. 5. Rec.20 [L. 6. tit. 5. lib. 10. and L. 1. tit. 5. lib. 10. Nov. Rec.]

§ 2. Having explained the meaning or nature of nobility in general, we now are about to point out its particular degrees, treated of by our laws. In the first place, we will distinguish the landed (de solur) from the titled (titulada) nobility, although the latter includes the former. By land (solar) is understood the demesne with a house situate in a strong or fortified place (tierra) in the mountain, according to Garcia de Nobil. Gloss. 18. n. 35. This class of nobility, possessed of a mansion house and land, has been always held in much estimation.

Titled nobility is distinguished by the titles of duke, marquis, count and viscount. The Goths introduced into Spain the title of duke, appropriated to the greater generals of the army, named by the emperor, and wherefore L. 11. tit. 1. P. 2. [L. 11. tit. 1. P. 2.] observes, that duke is as the chief, or leader of an army, who received this command formerly from the hand of the emperor, Hernan de Mexia, in Lib. 1. c. 75. of his peerage, (Nobiliario), treats of his privileges, which were numerous, and were annulled by L. 8. tit. 1. lib. 4. Rec. [L. 15. tit. 1. lib. 6. Nov. Rec.]

The title of marquis for some time maintained precedence over that of count, Salazar de Mendoza, Origen de las Dignid. segl. de Castilla, Lib. 3. c. 14., according to L. 11. tit. 1. P. 2. [L. 11. tit. 1. P. 2.] A marquis was lord of some extensive territory on the borders [ 26 ] of the kingdoms. It is said that this word is derived from the German Marchgraph, which signifies captain of a frontier. Alluding to this Don Bernardo, Count of Barcelona, in a charter of 794, is called duke, count, and marquis of the Spains. Mendoza, same work. Mexia, Lib. 1. c. 76. treats of its pre-eminence.

Count is the companion who attends the emperor, or king, daily

18 Palacios, properly, here observes, that the law cited in the text, [L. 61. tit. 4. Lib. 2. Rec.; or L. 14. tit. 2. Lib. 6. Nov. Rec.] makes use of the word "executor:" the correct translation therefore is, that the officers of justice cannot take in execution or levy upon the dwelling-house of a noble; but vide order in council, 16th September, 1822. Appendix J.

19 These laws, L. 2. tit. 17. lib. 6. and L. 7. tit. 5. lib. 1. Nov. Rec. do not appear to apply.

2L. 1. tit. 5. Lib. 10. Nov. Rec. does not scem to apply, bút L. 6. tit. 5. Lib. 10. Nov. Rec. does apply, and supports the position in the text.

performing for him some particular or distinguished service, L. 11. tit. 1. P. 2. [L. 11. tit. 1. P. 2.]

This title is more ancient in Spain than those of duke and marquis. Mexia, Lib. 1. c. 77. In the time of the Roman dominion or government, the governors of Spain were distinguished by the title of counts; and thus Dioclesian and Maximilian in L. 14. Cod. de Fid. instrum., called Severus, Count of Spain. In the time of the Goths, the title of count was given to the governors and magistrates of provinces, as also to the principal officers of the royal household; and for this reason the title of count was held in greater estimation than that of duke. Mendoza, same work, Lib. 3. c. 5. At present, counts and dukes are appointed to the council of the king, L. 4. tit. 4. lib. 2. Rec. [L. 9. tit. 3. lib. 4. Nov. Rec.] which points out the reason.

Viscounts were the elder sons of counts (Mexia, same work, lib. 1. c. 78.); and they were so called because, according to L. 11. tit. 1. P. 2. [L. 11. tit. 1. P. 2,], the viscount is the officer who supplies the place of count.

By the ordinance respecting the styles of address, which is L. 16. tit. 1. lib. 4. Rec. c. 14. [L. 1. tit. 12. lib. 6. Nov. Rec.], the grandees, marquises, and counts are alone entitled to the address of my lord (señoria): wherefore it is out of mere courtesy that of excellency is now given.21

All these nobles administer justice in their estates and seignories by privilege and custom, and in no other way,22 L. 12. tit. 1. P. 2. [L. 12. tit. 1. P. 2.] This jurisdiction does not extend to the making laws, nor to the granting the privileges of lawful birth, L. 12. tit. 1. P. 2. [L. 12. tit. 1. P. 2.]

The title of "infanzon" was also introduced into Castille, which corresponds with the catanes and varvasores of Italy. The infanzon [ 27 ] cannot exercise authority and jurisdiction without special privilege, L. 13. tit. 1. P. 2. [L. 13. tit. 1. P. 2.]

§3. Knights constitute another class of nobility. They owe their institution to the Gothic kings, who being such warriors and chieftains (caudillosos), rewarded the desert of valor and arms. In the beginning, knights were chosen one out of every thousand, and, commonly, men of the greatest strength and courage, such as huntsmen, smiths, and butchers, &c., were selected for this post, L. 2. tit. 21. P. 2. [L. 2. tit. 21. P. 2.] But these being found to conduct themselves without any sense or impulse of honor, on account of the meanness

21 Palacios (1) remarks, that by a royal decree of the 5th January, 1786, and by another of the 16th May, 1788, the grandees (grandes) are not only entitled to the address of "excellency," but of "most excellent lord" (excelentisimo señor), which should be used to designate them in letters or writings; that they long previously received the address of "excellency" by unwritten law, or, which is the same, by custom. That the same law [L. 16. tit. 1. lib. 4. Rec.; L. 1. tit. 12. lib. 6. Nov. Rec.] points out something of this in these words, "nor excellency to any person who is not a grandee." The learned professor means the prohibition in the law to address any other but a grandee by this style. 22 They cannot make laws, nor establish new customs, without the consent of the people (pueblo).

of their birth, afterwards knights were chosen from among persons of honorable and respectable lineage; who, as they were people of worth (de bien), which is the same as property (algo), were called hijosdalgo L. 2. tit. 21. P. 2. [L. 2. tit. 21. P. 2.] To these species of knights was given the appellation of the gilded spur. Garcia de Nobil. Gl. 1. N. 52. They then began to be more respected; and to this situation, or state, is the definition of knighthood adapted by L. 1. tit. 21. P. 2. [L. 1. tit. 21. P 2.], when it says that it is the association of noble men, who were appointed, or formed, to defend the country. They were more respected than other military men, and were called knights (caballeros), on account of its being more honorable to go on horseback (á caballo), than on any other beast, L. 1. tit. 21. P. 2. [L. 1. tit. 21. P. 2.]

To distinguish more particularly this noble class, the laws laid down certain ceremonies for the investiture of a knight who possessed the requisite qualifications. He was obliged, the day before he was invested, to keep watch in the church, and to prepare by washing, cleaning, and clothing himself in the best possible manner, L. 13. tit. 21. P. 2. [L. 13. tit. 21. P. 2.] After hearing mass, the person who was arming him, asked him if he wished to be a knight, and having answered in the affirmative, he put on his spur, and girthed on his sword upon his waist, with his head uncovered; and, unsheathing his sword, he swore to be faithful to God, to his king, and to his country. Immediately the knights who were assembled gave him a slap on the neck and a kiss, L. 14. tit. 21. P. 2. [L. 14. tit. 21. P. 2.] The sponsor ungirthed his sword, and he was accounted either a true lord knight, or honorable man, L. 15. tit. 21. P. 2. [L. 15. tit. 21. P. 2.] The new knight was marked with a brand on the left24 arm, and his name and lineage were inscribed, with that of others, in a book of the place where he was born, in order to know when he was wanting in his duties or obligations, L. 21. tit. 21. P. 2. [L. 21. tit. 21. P. 2.] And it is natural to conclude, that on this is founded the modern ennactment of L. 17. tit. 1. lib. 6. Rec.;25 according to [ 28 ] which, the audiencias and chanceries ought to take an inventory of knights.

In addition to this degree of nobility (hidalguía), in order to being made knights were requisite good conduct, prudence, wisdom, grace, dexterity, and sagacity, loyalty, and skill in arms and horses, Ll. 4, 5. 6. 7. 8. 9. and 10. tit. 21. P. 2. [Ll. 4. 5. 6. 7. 8. 9. and 10. tit. 21. P. 2.] A woman was excluded from conferring knighthood, although she were queen,26 as also were the insane, the clergy and religious persons, of a regular and not of a military order, L. 11. tit. 21. P. 2.

23 L. 14. tit. 21. P. 2., quoted in the text, says, the knight swore to die, if necessary, in defence of his laws, his king, and his country.

24 L. 21. tit. 21. P. 2., quoted in the text, says, the right arm.

25 Omitted in Nov. Rec.

25 But as queen she might command others to do it. Vide L. 11. tit. 21. P. 2. quoted

in the text.