fact, which occurred in this reign, showing the important advances made by
the commons in political estimation, was the substitution of the sons of
burgesses for an equal number of those of the nobility, who were
stipulated to be delivered as hostages for the fulfilment of a treaty with
Portugal, in 1393. [47] There will be occasion to notice, in the first
chapter of this History, some of the circumstances, which, contributing to
undermine the power of the commons, prepared the way for the eventual
subversion of the constitution.

The peculiar situation of Castile, which had been so favorable to popular
rights, was eminently so to those of the aristocracy. The nobles, embarked
with their sovereign in the same common enterprise of rescuing their
ancient patrimony from its invaders, felt entitled to divide with him the
spoils of victory. Issuing forth, at the head of their own retainers, from
their strong-holds or castles, (the great number of which was originally
implied in the name of the country,) [48] they were continually enlarging
the circuit of their territories, with no other assistance than that of
their own good swords. [49] This independent mode of effecting their
conquests would appear unfavorable to the introduction of the feudal
system, which, although its existence in Castile is clearly ascertained,
by positive law, as well as usage, never prevailed to anything like the
same extent as it did in the sister kingdom of Aragon, and other parts of
Europe. [50]

The higher nobility, or _ricos hombres_, were exempted from general
taxation, and the occasional attempt to infringe on this privilege in
seasons of great public emergency, was uniformly repelled by this jealous
body. [51] They could not be imprisoned for debt; nor be subjected to
torture, so repeatedly sanctioned in other cases by the municipal law of
Castile. They had the right of deciding their private feuds by an appeal