Kings & rulers > History of the reign of the Emperor Charles V. > Volume 1

PROOFS AND ILLUSTRATIONS. 287
that this is not peculiar to the laws of that country. Not-
withftanding the pofitive afTertion contained in this public
law of France, there is good reafon for conftdering it as
a ftatute which recites a falfehood. This, however, is
not the place for difcuding that point. It is an inquiry
not unworthy the curiofity of an Englifh antiquary.
In Caftile, the pernicious pradtice of private war
prevailed, and was authorized by the c.uftoms and law of
the kingdom. Leges Tauri, tit. 76. cum commentario
Anion. Gomezii, p. 551- As the Caftilian nobles were
no lefs turbulent than powerful, their quarrels and hof-
tilities involved their country in many calamities. In¬
numerable proofs of this occur in Mariana. In Aragon,
the right of private revenge was likewife authorifed by
law ; exercifed in its full extent, and accompanied with
the fame unhappy confequences. Hieron. Blanca Com¬
ment. de Rebus Arag. ap. Schotti Hifpan. illuftrat. vol.
iii. p. 733. Lex Jacobi I. A D. 1147. Fueros & Ob-
fervancias del Reyno de Aragon, lib. ix. p. 182. Se¬
veral confederacies between the kings of Aragon and
their nobles, for the reltoring of peace, founded on the
truce of God, are flill extant. Betr. de Marca, Marca
five Limes Hifpanic, App. 13C3. 1388. 14*8. As
early as the year 1165, we find a combination of the
king and court of Aragon, in order to abolifii the right
of private war, and to punifii thofe who prefumed
to claim that privilege. Anales de Aragon por.
Zurita, vol. 1. p. 73. But the evil was fo inveterate,
that as late as A. D. 1519, Charles V. was obliged to
publifh a law enforcing all former regulations tending
to fupprefs this pradlice. Fueros et Obfervanc. lib. ix,
183. b.
The Lombards, and other northern nations who fet¬
tled in Italy, introduced the fame maxims concerning
the right of revenge into that country, and thefe were
followed by the fame effedls. As the progrefs of the
evil was perfectly fimilar to what happened in France,
the expedients employed to check its career, or to ex¬
tirpate it finally, refembled thofe which I have enume¬
rated. Murat. Ant. Ital. vol, ii. p 306, &c.
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