[L. 11. tit. 21. P. 2.]: neither could a poor man, one deformed, the merchant, the traitor, and a person condemned to death, be armed knights, L. 12. tit. 21. P. 2. [L. 12. tit. 21. P. 2.]; nor he who had received knighthood unlawfully or in mockery (por escarnio), in these three cases: 1st, If the person who armed him had not authority to do so. 2d, If he were unqualified, and, knowing it, received knighthood. 3d, If he purchased or received it through interest, L. 12. tit. 21. P. 2. [L. 12. tit. 21. P. 2.]; and by a modern law persons liable to pay taxes are also prohibited to be armed or created knights, L. 4. tit. 1. lib. 6. Rec.27

The obligations of newly created knights, who were called nobles (nobles), were, 1st, To respect, honor, assist, and defend him who conferred on them knighthood; except in the cases declared by L. 16. tit. 21. P. 2., [L. 16. tit. 21. P. 2.] and also their sponsors of the sword (padrinos de Espada) for three years, L. 16. tit. 21. P. 2. [L. 16. tit. 21. P. 2.] 2d, To ride on horseback, carrying no one behind them. 3d, To succor other poor knights, and to defend what was committed to their charge, L. 21. tit. 21. P. 2. [L. 21. tit. 21. P. 2.] 4th, To take care of their arms and horses, keeping a full suit of armor and besides a mule or pony, L. 21. tit. 21. P. 2. [L. 21. tit. 21. P. 2.] and L. 1. tit. 1. lib. 6. Rec. 29 5th, To keep their word, not to tell a lie, and to weigh expressions in speaking, L. 22. tit. 21. P. 2. [L. 22. tit. 21. P. 2.] 6th, They ought to go to the wars or to send another in their stead if they have completed seventy years, L. 1. tit. 1. lib. 6. Rec.30

In addition to these obligations, knights ought to distinguish themselves above other people in their dress, eating, drinking, and sleeping. Their clothes ought to be fine, their cloak wide, reaching down to their feet, and they must put it on when in the cities or partaking of dinner with others, Ll. 17. and 18. tit. 21. P. 2. [Ll. 17. and 18. [29] tit. 21. P. 2.] Their food consisted solely of substanttal flesh eaten at night, it being permitted them to take something in the morning in time of war. Their drink was water mixed with vinegar, the better to quench their thirst, or wine and water. They slept little and on a hard bed, L. 19. tit. 21. P. 2. While they ate they had read to them the histories of great actions, or called upon some of the elders to relate them, and they did the same when they could not sleep, L. 20. tit. 21. P. 2. [L. 20. tit. 21. P. 2.]

They enjoyed many privileges, and the chief consisted, 1st, In being honored even by the kings. 2d, That of sitting down the first in the churches after the king and prebendaries. 3d, Of being allowed to give the embrace of peace (adorar la paz)31. 4th, Of not having any others seated with them at their table. 5th, Of hav

27 Omitted in Nov. Rec.

28 The knowledge of the excepted cases alluded to, is of so little use in the present day, that the Translator is contented to refer the curious to the law quoted in the text. 29 Omitted in Nov. Rec.

30 Omitted in Nov. Rec.

3. A ceremony used, it is believed, in the high mass in the Romish church.

ing their houses privileged from being broken open by the officers of justice, as also their arms and horses from being taken from them, L. 23. tit. 21. P. 2.2 [L. 23. tit. 21. P. 2.] L. 9. tit. 1. lib. 8. Rec.33 [L. 12. tit. 34. lib. 12. Nov. Rec.]31 6th, Of being exempted from the payment of taxes, although they may have been liable to pay them, except with respect to things for which nobles (hijosdalgo) are bound to pay taxes, L. 1. tit. 1. lib. 8. Rec.,34 [L. 7. tit. 34. Lib. 12. Nov. Rec.32], and from exercising inferior offices, L. 3. tit. 1. lib. 8. Rec.35 [L. 3. tit. 34. lib. 12. Nov. Rec.3]; but by L. 1. tit. 1. lib. 8.36 Rec. [L. 1. tit. 34. lib. 12. Nov. Rec.34] they were obliged to pay those which they were accustomed to do before being made knights, as also their sons. 7th, The privilege of not being subject to being tortured except in the case of treason. 8th, Of not suffering an ignominious death; but in cases of crime which deserved it, they had their heads cut off, or were starved to death; but for the crime of robbery they were thrown into the sea.37 9th, That of prescription not running against them when absent in the service of the king.38 10th, That of being permitted to make their testaments or last wills without the solemnities of law. All which are treated of by L. 24. tit. 21. P. 2. [L. 24. tit. 21. P. 2.] Many of these privileges subsist to this day.

By L. 1. tit. 1. lib. 6. Rec.39 It is ordained that these privileges shall not descend to the sons of knights, unless they were born before their fathers were armed or ordained knights.

They forfeited these privileges, 1st, By losing their arms at play or giving them away to women.40 2d, By arming one as knight who was not entitled to such honor. 3d, By being a merchant or exercising an inferior office or calling. 4th, By flying from battle. 5th, By surrendering the castle; and, 6th, By not succoring the king if it were possible. In these cases, in order to disarm or degrade the knight, the squire or shield bearer (escudero), cut the sword from his side and untied the leather of his spurs, which rendered him unfit for holding civil offices, as explained by L. 25. tit. 21. P. 2. [L. 25. tit. 21. P. 2.1

These ceremonies ceased from the period that Don John II. [ 30 ] reserved to the king alone the right of arming or installing a knight, ordaining that it should be done by his hand, and not by commission,

A ceremony used, it is believed, in the high mass in the Romish church. "This L. 23. tit. 21. P. 2. also extends to them the benefit of restitution. This L. 12. tit. 34. Lib. 12. Nov. Rec. does not seem to apply.

34 Nor does this L. 7. tit. 34. Lib. 12. Nov. Rec.

35 Nor L 3. tit. 34. Lib. 12. Nov. Rec.

36 Nor L. 1. tit. 34. Lib. 12. Nov. Rec.

37 Or were thrown to wild beasts, to be torn to pieces, or devoured. The reader will probably think these no very enviable substitutes for the plebeian mode of capital punish.

ment.

Being allowed the benefit of restitution, as stated in note (32).

L. 5. tit. 1. lib. 6. Rec.;41 but afterwards the Catholic kings made it common to both king and queen, L. 6. tit. 1. lib. 6. Rec.42

Formerly challenges, duels, and combats were very common among the knights and Moors; as well as between themselves, when occasion required them to vindicate their honor and character. This is mentioned in tit. 3. and 4. part 7. tit 12. del. lib. 4. del Fuero real; and tit. 9. lib. 7. del Ordenamiento.

In modern times duels are prohibited under heavy punishments by the decree of Don Philip V. of 1716 which is Auto 1. tit. S. lib. S. Rec.43 [L. 2. tit. 20. lib. 12. Nov. Rec.]

From this class of knights sprung the orders of knighthood so celebrated in our history; and although they remain to this day, the greatest part of the formalities and solemnities of their institution have ceased, as also the proofs and other things which were required to invest them with the insignia.

Our laws make mention of the knights who were obliged to keep arms and a horse in readiness for war (caballeros de premia), those of review and war (alarde y de guerra), those by virtue of military service (pardos), and knights of Andalusia, who were obliged to keep a horse and arms ready to go and defend the coasts against the attacks or incursions of the Moors (quantiosos). By knights of premia, alarde and guerra, it appears were understood the other knights of this class, who were obliged to hold themselves in readiness to go to war; who had their privileges, uses and customs, which they were ordered to observe by L. 10. tit. 1. lib. 6. Rec.45

From what circumstance they took the denomination of knights pardos is not a point ascertained, and still less so when they had their beginning; it only appears that, by a charter of Leon, they were allowed an exemption from taxes if they maintained arms and horses; and it further appears, that this description of military association was composed of persons who paid taxes (pecheros). Garcia de Nobilit. Gloss. 1. § 1. n. 56. Doña Juana and Don Carlos abolished in 1518 the regiment of knights pardos, which Cardinal Ximenes of Cisneros had armed, L. 16. tit. 1. lib. 6. Rec.46

The knights quantiosos were so called from the fixed rent which they were obliged to possess to maintain a horse and arms, and to [31] serve in war. This for some time was a thousand ducats (ducados) of gold, which were equal to three hundred and seventyfive thousand maravedis; and once being made knights of quantia, they were obliged to maintain arms and a horse, and to pass in review

43 See also on this subject Ll. 1 and 3., and Notes 1 and 2. tit. 20. lib. 12. Nov. Rec. 44 A review which took place on the 1st of March in each year, by persons deputed by the king, of all dukes, counts, grandees (ricos homes), knights, or squires, and other vassals who held lands, or received pay, at which they appeared well armed and properly mounted, to show themselves ready for a campaign, if called together. Vide Cornejo Diccionario real de España, tom. 1. verb. Alarde.

45 Omitted in Nov. Rec.

46 Omitted in Nov. Rec.

twice a-year, L. 12. tit. 1. lib. 6. Rec.48 Being only freed from this obligation when their patrimony was diminished to one hundred thousand maravedis. Same law quoted.-But afterwards the sum or quantity of two thousand ducats was required for such knights, and they were relieved from the obligation when their rental fell below two thousand ducats, L. 18. same title and book. On the 28th June, 1613, these knights quantiosos, which Philip II. established, were reformed, Aut. 1. tit. 1. lib. 6. Rec. [L. 1. tit. 3. lib. 6. Nov. Rec.] But in 1734, a regiment of knights quantiosos was armed in Andalusia with various privileges, noticed in Auto 2. tit. 1. lib. 6. Rec.49

§4. Hidalguía is nobility by descent or lineage, L. 3. tit. 21. P. 2. [L. 3. tit. 21. P. 2.] One of the things which distinguishes nobility. from hidalguía is,50 that the latter is acquired on the part of the father alone; for instance, the son of a father who was an hidalgo, and of a mother, villein, or plebeian, will be an hidalgo," but not a noble. L. 3. tit. 21. P. 2. [L. 3. tit. 21. P. 2.] By hidalgos are understood men chosen from good situations in life (de buenos lugures), and possessed of property (algo), this word so signifying in Spanish, for which reason they were called hijosdalgo, which means as much as a son of wealth or property, L. 2. tit. 21. P. 2. [L. 2. tit. 21. P. 2.] The wise Octalora, in his book, entitled Summa nobilitatis Hispanica, P. 2. c. 4. n. 2. says, that he never read how nor when the hijosdalgo had their commencement in Spain. The above quoted, L. 2. tit. 21. P. 2. [L. 3. tit. 21. P. 2.] gives us the etymology of the word hijodalgo; but it is to be remarked, that the poor person, if he be of good lineage, does not lose his quality or rank, for it is sufficient for him if the person from whom he descends had property (algo), because the nobility of hidalguía does not proceed from the hidalgo himself, but from the first of his family chosen as such, L. 2. tit. 21. P. 2. [L. 2. tit. 21. P. 2.] And the hidalguía being inherited, it is certain that the manufacturers of cloths, cloth and other woven things will not lose it, as set forth in Aut. 2. and 6. tit. 12. lib. 5. Rec.3 [L. 1 and 3. tit. 24. lib. 8. Nov. Rec.]

This property, or algo, which consisted most frequently of the seigniory or dominion (el señorío) of vassals, was of three kinds, 1st, The dominion of the inheritance or patrimony (devisa,) which is the inheritance that devolves to a man on the part of his father, or [ 32 ] mother, or grandfathers, or others from whom he descends, which is

47 Vide Note 44., page ante.

49 Omitted in Nov. Rec.

48 Omitted in Nov. Rec.

50 At the present time, says Palacios (1), the one is commonly confounded with the other, and the same is understood by the word "hidalgo" as by the word "noble."

But not rice versa. So that this is an exception to the general rule, that partus sequitur ventrem. Vide L. 3. tit. 21. P. 2. Greg. Lop. Gl. 3. on this law, says, that with respect to honors and dignities, the son follows the condition of his father.

Hidalguia was therefore an inferior class of nobility.

53 But it would appear by L. 1. tit. 24. lib. 8. Nov. Rec., referred to in the text, that hidalgos are not permitted to engage in any personal employment or service with respect to such manufactures, but must employ others for the purpose, otherwise they will forfeit their nobility.

divided among them. 2d, Dominion, or right of habitation (señorío de solar), which species of property consisted in the right of inhabiting or dwelling on another's lands (suelo). 3d. The dominion over a town, the inhabitants of which were invested with a right of electing their own magistrates (señorío de behetriu), which means an inheritance belonging to one independently of or free from the person who lives on it, and who may receive as lord whoever may be of most service to him,54 L. 3. tit. 25. P. 4.55 [L. 3. tit. 25. P. 4.]

By reason of these seigniories the hijosdalgo were called noblemen (ricoshomes).56 Garcia de Nobil. Gl. 18. n. 20. and also barons, L. 10. tit. 24. P. 4. [L. 10. tit. 25. P. 4.] These noblemen or grandees, if they were driven from the kingdom by the king, might be followed by their vassals, and who under their orders might serve another king; and even, in case of war, against him who expelled them, L. 11. tit. 25. P. 4.57 [L. 11. tit 25. P. 4.] It is true the vassals were not obliged to follow them, and indeed ought not to do so, if the grandee or (ricohome) went into the dominions of the Moors, Ll. 12. and 13. tit. 25. P. 4. [Ll. 12 and 13. tit. 25. P. 4.]

Besides this species of hidalguía by lineage, there was another at will (por merced), of which such an abuse was made that the Catholic kings not only thought fit to revoke those granted by Don Henry, L. 7. tit. 2. lib. 6. Rec., [L. 7. tit. 2. lib. 6. Nov. Rec.] but also Don Juan IId, and Don Carlos, and Doña Juana revoked those they had given without just cause, and it was absolutely forbidden to grant charters or privileges of hidalguía, L. 8. tit. 2. lib. 6. Rec. [L. 5. tit. 2. lib. 6. Nov. Rec.]

Many are the privileges and liberties of the hijosdalgo, which ought to be preserved to them inviolate, according to Ll. 13. and 14. tit. 2. lib. 6. Rec. [Ll. 13 and 15. tit. 2. lib. 6. Nov. Rec.] The hijosdalgo by lineage were not compelled or obliged to go to the war, as were those at will, or by privilege (de merced ó privilegio), Otalora, Part. 3. c. 4. n. 2., nor could their horses or arms be taken for debt or for security that did not regard the crown, L. 9. tit. 1. lib. 6. Rec.58 [L. 1. [ 33 ] tit. 2. lib. 6. Nov. Rec.] They ought to have a separate prison,

54 The subject of Beletrias is a matter which, to this present day, has not been treated of in a masterly way by historians and lawyers. It is worthy of our attention; and therefore, in the publication we have made of the Fuero viejo de Castilla, we have endeavored to satisfy, as much as possible, the curious and lovers of our antiquities by means of a dissertation therein inserted, upon the origin, duration, and exemptions of this kind of seigniory and its dependencies. There will be seen the information which would here, perhaps, be prolix, upon the tributes of behetria and vassals inhabiting the soil, or having the right of habitation upon it." [Note in the text.]

55 I have endeavored to explain, as well as I could, these different terms in the text, of devisa, solariego, and behetria, but I fear I have not succeeded in making the subject very intelligible; however, I think it is one in which very few of my readers will take any interest.

56 This word, ricohome, according to L. 10. tit. 25. P. 4., referred to in the text, is equivalent to that of count or baron in other countries.

67 Vide also L. 10. tit. 25. P. 4.

58 Vide also Ll. 13. 14. and 15. tit. 2. lib. 6. Nov. Rec.