The daily union. [volume] (Washington [D.C.]) 1845-1857, 1845-11-04

rived safely on the borders Of Afragon, where he
expected 10 find the protection OF that impartial JUS
tce which was secured by the Jeros Of this almost
independent kingdom to all persons within its linn
| its. a l
The escape of Perez caused general satisfaction at
the court, and among the public Of Madrid. Even
| the court fool, "Uncle Martini" as he called
speaking of this event, asked the King, Who was
this Antonio Perez, at whose escape everybody re.
joiced' "Surely he must be innocent and, II so,
why does not your Majesty rejoice too" Instead
Of following the wise counsels Of his bufoon, Philip
II redcubled the severity Of his persecution against
the innocent family Of Perez He caused his wife
and children again to be arrested and thrown into
the public prison. He gave orders that Perez should
be pursued; but he found refuge at Calatayad,
within the borders Of Arragon, before he could be
overaken by his pursuers. The royal governor Of
the kingdom attempted TO seize his person, and
bring him before the royal tribunal. He was de-
livered from this new peril by the intrepid courage
of Don Juan de Luna, one Of the deputies and
guardians Of the liberties Of Arragon who FASTENED
from Saragossa with fifty arquebusers, in order 10
place him under the protection Of the usficia mayor
Aided by the people of Calatayad, who rose up in
defence Of their eros Don Juan succeeded in trans
ferring Perez into the prison Of the Grand Justicary
at Saragossa Philip II had now alternative left,
but to prosecute his adversary before this ndepcnd
ent tribunal; and he ordered him to be tried upon
the following charges:
l. The assassination of Escovedo, under the false
pretext Of the Kings command.
2. Treason, in divulgng the secrets of the state.
3. Escaping from prison.
| The ancient free constitution of Arragon had
| been preserved when that kingdom passed under
the dominion Of CASTLE, in the beginning of the
sixteenth century. Absolute monarchs Of CASTLE,
they could not lawfully the titles of kings OF
Arragon, until they had first to preserve invi-
olabe the fueros of that kingdom. Their power
was limited by the following oath, taken by the
members Of the Cortes:
eve, who are each of us as good, and who are
all together more powerful than you, promise ODE
diencc to your government, if you maintain lib
critics; but If not-not."
The breach Of this engagement on the part of the
monarch absolved his subjects from their allegiance
and authorized them TO rise in arms, with the cry oil
contra tt.ero; sat which summons" says Herrera,
"the very stones in Arragon rose up in insurrec-
ton" With all their power, and the vast extent oil
the Spanish monarchy, neither Charles nor Philip
ii had dared to violate the chartered liberties of these
free and fierce mopntaineers. They constantly OBJ
1 served the fundamental rule which bound them to
select the vice-king, to whom they delegated their
limited authority, from among the natives of ARA
| gon. No Castilian, or other foreign soldier, could
lawfully place his foot within the limits of the king
dom. The country defended ITSELF governed itself,
three estates Of the realm the nobility or ,icos HON.
bres, the gentry capaisres, and dalgos, and the
1 deputies Of the cities--was regularly assembled
every two years. This body possessed the entire
legislative authority, which extended to voting the
taxes, and the power Of making peace and war.
The King could neither dissolve nor prorogue the
Cores without its CONSENT and during the recess its
| powers were exercised by permanent deputation
1 of its members. The tribunals of justice were or
| ganized in manner to secure the pure and impair
ta administration of this most important branch OF
| government. Like the other states Of the Spanish
| rhvy A cd al ind onAa
clesiaatica judges. But these courts were placed
under the supervision and control of the supreme tr
bunal, called the justicia mayor, and composed of
single Judge, or Grand Justicinry, chosen from
among the gentry, and holding his office during life
j 1t was the peculiar duty Of the Grand Justiciary 10
protect and defend the rights and liberties of the
Arragonese people. He had the power Of annulIing
the sentence of every other tribunal and Of reov-
ing the causes pending in other courts to his own
whenever any question arose respecting the fueros
j The proceedings of this admirable institution were
i public. Torture, and other inquisorial proceed
ings practised in that age, were unknown to it. The
prison, where the parties accused before il
fined, was called by the cheering denomination Of
the Manifestation, or Lbertad; and its authority was
the object ofuniversa generation and passionate az
fiction on the part Of the people.
Antonio Perez was now on level with Philip ii
King of Spain and the Indies. The independent ju-
dietary of Aragon WINS bound 10 deal out an equa
measure OF justice to the subject and his sovereign
Instead of those dark and mysterious proceedings,
in which one Of two accomplices in guilt sought to
Cypress the other, by means of judges who were
his creatures, substituted the impartial tribunal
Of the Grand Justicary of Arragon. Perez had al
ready expiated his participation in the murder OF
the unfortunate Escoyedo, by the loss Of his favor
the ruin of his fortune protracted captivity, and the
cruel sufferings of torture. Philip II was about to
expiate his share of guilt by its public exposure by
the discovery Of his perfdy, and the acquital and
triumph Of his adversary.
Previous to the commencement of the proceed
ngs before the Grand Justiciary Of Arragon, Perez
once more invoked the royal clemency, in letter
addressed to the Kings confessor. Receiving no
answer TO this application, and believing that the
obstinate perseverance of his prosecutor was owing
to the belief that he longer possessed the means
of duplicating the King in the crime of which he
was accused he addressed another letter to Philip
II himself, declaring. that if the proceedings were
not discontinued he should he compelled to produce
conclusive proofs Of the Kings having ordained the
assassination of Escovedo. For the purpose Of
| convincing Philip that he possessed the means of
realizing this threat he sent to Madrid the prior Of
| Gator, 10 whom he had shown, under the secresy
including the Kings own autograph letters, author
izng him to carry on the simulated correspondence
with Don Juan Of Austria and Eecovedo, to defeat
their joint projects by the assassination OF the latter,
and promising his royal protection If Perez would
so conduct "a to exculpate the King. On his ar
iNaf a. uduTlu, Tic SHoouy iouch huu Scscioi uu-
dences with Philip III, and acquitted himself faith
fully Of his mission. The King listened with pro-
found attention to the revelations of the prior, and
with his accustomed Discrimination, pretended to be
softened towards Perez, at the very moment when
he was about to strike what he intended should be
fatal blow. A few days afterwards, the final SEN
tence Of the Judges at Madrid made public, by
which Perez was condemned in his absence, to be
dragged on hurdle to the place Of common execu-
tion there to be hanged on gibbet, TO be after
wards decapitatcd, and his head publicly exposed,
with the confscation Of his property, &c. This
judgment by default at Madrid, was followed by
the trial at Saragossa, in which Perez publicly pro-
duced before the Grand Justiciary of Arragon the
written proofs in his possession of the participation
of Philip II in the murder Of Escovedo. These
proofs consisted Of the Kings original letters and
those of his confessor Alarmed at the prospect of
the acquittal of his instrument under circumstances
SO diagraceful to his own character Philip sudden
ly ordered the proceedings to be discontinued, in
the following terms:
"Antonio Perez has made public his defence.