A History of Spain Part 17

In private law, especially as regards the family, the long struggle of the Roman principles to gain a predominant place in Castilian jurisprudence ended in triumph. The victory came with the legislation of the _Cortes_ of Toledo in 1502, but as it was not published until the time of the _Cortes_ of Toro in 1505 it became known as the _Leyes de Toro_ (Laws of Toro). For example, the complete emanc.i.p.ation of children after marriage, the prohibition of the gift of all one's possessions to other than the heirs, the increase in the formalities required in the case of wills, and the lengthening of terms of years on which to base claims by prescription were all recognized in the new laws.

[Sidenote: General social customs.]

[Sidenote: Dress.]

In immorality and luxury the reign of the Catholic Kings differed little from the preceding era; abundant evidence thereof appears in the literary works of this period and the opening years of the next. The most extravagant taste was exhibited both by men and women in matters of dress. Clothing was made up of ruffs and puffs, ribbons and rings, many-materialed and many-colored component parts, clothes which dragged behind and clothes which were immodestly short, open-work waists and cloaks which were not infrequently used to cover adventures, fancy laces, daggers, purses, pouches, and a host of other accessories which must have been considered ornamental, since they were only slightly useful. Isabella herself, serious-minded and religious though she was, liked to appear in public richly gowned and bejewelled. This lavish magnificence seems only to have been on display for gala occasions; at other times Spaniards lived and dressed soberly and modestly. As an Italian traveller expressed it, the Spaniard was prodigal on holidays, and lived sadly the rest of the year, for his occasional extravagances demanded more protracted economies. This was true, even in the palace, for, numerous as were the employes there, the annual expenditure was the equivalent of only about $100,000. Other social customs, such as sports, including bull-fighting, did not undergo any changes sufficient to require comment.

CHAPTER XX

POLITICAL REFORMS, 1479-1517

[Sidenote: Tendency toward Spanish unity under Castile.]

It has already been pointed out that the union of Castile and Aragon under the Catholic Kings lacked a real political or inst.i.tutional basis.

Both monarchs signed papers applicable to the two kingdoms and exercised personal influence, each with the other, but although Ferdinand a.s.sisted his consort in Castilian affairs, Isabella was clearly regarded as ruler in Castile, as Ferdinand was in Aragon. The latter's will advised Charles I to maintain the separation of the kingdoms and to conduct their affairs through native officials. Nevertheless, the long continuance of the same royal family at the head of both was bound to produce a greater unity eventually. Castile was drawn into European politics through the medium of the Aragonese wars in Italy. On the other hand, she tended to become the centre of authority and influence on account of the greater extent of her territory (especially with the addition of Granada, Navarre, and the Americas), her greater wealth, the royal practice of residing in Castile, and the more advanced social and political condition of Castile as the result of Isabella's reforms.

[Sidenote: Masterships of the military orders incorporated into the crown.]

Both sovereigns followed the policy of centralization in their respective kingdoms. In Castile the major problem was the reduction of the oligarchical n.o.bility, for the middle cla.s.ses had already been won over in great part when Isabella ascended the throne. Her success in reducing the lawless n.o.bles has already been discussed; it only remains to point out the significance of the act by which she completed this task,--her incorporation of the masterships of the military orders into the crown. The princ.i.p.al element in the three great orders of Santiago, Calatrava, and Alcantara were the _segundones_ of great n.o.ble families and members of the lesser n.o.bility. Not only by their military power but also by their numbers and wealth these orders const.i.tuted a potential danger to the crown unless their action could be controlled. An estimate of the year 1493 showed that there were 700,000 members and va.s.sals in the order of Santiago, and 200,000 and 100,000 respectively in those of Calatrava and Alcantara. The first-named had annual revenues of some 60,000 ducats ($900,000), and the two last combined, some 95,000 ($1,425,000). With the masterships in royal hands the probability of civil strife was greatly lessened.

[Sidenote: Increase of the royal authority and tendency toward unity in munic.i.p.al life.]

[Sidenote: Decline of the Castilian _Cortes_.]

As regards the towns the Catholic Kings followed precisely the same practices which had been employed with such success in the previous era.

It was rare, indeed, that they suppressed charters, but circ.u.mstances like those already recorded[52] enabled the _corregidores_ and other royal officers to exercise virtual control. Meanwhile, the process of unification was going on through the ordinances of the _Cortes_ and royal decrees, fortified by the unrecorded development of similarity in customs in Castilian munic.i.p.al life. This was furthered by the representatives of the towns themselves, for royal and munic.i.p.al interests were usually in accord. Noteworthy extensions of royal authority appeared in the subjection of local officials to the _residencia_ (or trial during a number of days after the completion of a term of office, to determine the liability of an official for the wrongful acts of his administration) and in the sending of royal _pesquisidores_, or enquirers (in cases of crime), and _veedores_ (inspectors), later more often called _visitadores_ (visitors), to investigate matters of government, such as the accounts of financial agents and the conduct of public officers. These inst.i.tutions were later transferred to the Americas, becoming an important means of sustaining the authority of the mother country. In some instances the Catholic Kings resorted to force to reduce munic.i.p.alities which were too autonomous in character, notably in the case of the _hermandad_ of the north coast towns, whose decadence dates from this reign.

The royalist ideal was manifested strikingly in the relations of the Catholic Kings with the Castilian _Cortes_. From 1475 to 1503 the _Cortes_ was summoned but nine times, and during the years 1482 to 1498, at a time when Granada was being conquered, America discovered and occupied, the new Inquisition inst.i.tuted, and the Jews expelled, it did not meet even once. Its decline was evidenced still further in the increasingly respectful language employed whenever it addressed the monarch and its growing dependence on the _Consejo Real_, which body subjected the acts of the _Cortes_ to its own revision and whose president acted in a similar capacity for the _Cortes_.

[Sidenote: Decline of the Aragonese _Cortes_ and of the power of Barcelona.]

Ferdinand followed the same policy in Aragon. The various _Cortes_ of Aragon, Catalonia, and Valencia and the general _Cortes_ of all three were infrequently called; the king acted in an arbitrary manner in his methods of raising funds, without observing the spirit of the laws. It was in his dealings with Barcelona that he most clearly manifested the royalist tendency, for that city was the most powerful element in the kingdom. Through his intervention the practice of electing the five _concelleres_, or councillors, was suspended in favor of royal appointment, and the _Consell_, or council of a hundred, was altered so that it was no longer democratic but represented the will of the monarch. The fact that these changes were made without provoking resistance and almost without protest shows how utterly dead were the political ideals of the past.

[Sidenote: The new bureaucracy.]

The concentration in royal hands of so many powers which were formerly exercised by the lords and towns made necessary the development of a numerous and varied officialdom to a.s.sist the monarch. As the basis of the new bureaucracy in Castile the Catholic Kings had at hand the _Consejo Real_, which with some changes was admirably adapted to the purpose. The first step was to rid it of the great n.o.bles. In 1480 the unt.i.tled _letrados_ became a majority in this body. The counts, dukes, and marquises were still allowed to attend, but were deprived of the right to vote. Shortly afterward they were excluded altogether, and the _Consejo Real_ now responded without question to the will of the king.

It served as the head of the various branches of the bureaucratic organization, with the final decision, subject to the wishes of the king, in all matters of government. Pressure of work led to the formation of three additional councils, those of the Inquisition (_Inquisicion_), the military orders, (_ordenes Militares_), and the Americas, or Indies (_Indias_), while there were still others in the kingdom of Aragon. Particularly important among the other officials was the monarch's private secretary, who came to have a very nearly decisive influence, owing to the favor he enjoyed with the head of the state. A horde of other officers, old and new, made up the ranks of the bureaucracy. Among the older group it is to be noted that the _adelantados_ were supplanted by _alcaldes mayores_, until only one of the former was left. Among newer officials the important inquisitors and _veedores_, or _visitadores_, should be noted.

[Sidenote: Administration of justice.]

A similar development to that of the executive branch was experienced in the administration of justice. The fountain-head was the _chancilleria_ at the capital, Valladolid, to which were subordinate in a measure the several regional _audiencias_, which were now established for the first time, besides the hierarchy of the judiciary of lower grades. In addition to unifying and regulating the judicial system the Catholic Kings gave attention to the internal purification of the courts, with a view to eliminating the unfit or undesirable and to checking abuses. The corrupt practices of those outside the courts were also attacked, especially powerful persons who attempted to overawe judges or procure a miscarriage of justice. One of the princ.i.p.al difficulties encountered was that of conflicts of jurisdiction, notably in the case of the church courts. Good Catholic though she was, Isabella was determined in her opposition to ecclesiastical invasions of royal jurisdiction, but despite her energetic measures the issue was far from being decided in her day. In line with the royal policy of settling disputes by law rather than by force the use of firearms was prohibited, gambling was persecuted, and the _riepto_ (or judicial duel, the last survival of medieval procedure) was abolished. Good order in the present-day sense was far from existing, and this led to a revival of the medieval idea of the _hermandades_ for the punishment of crimes committed in uninhabited places or small villages as well as for the pursuit and execution generally of those guilty of felony. The _Santa Hermandad_, with its capital at Toledo, was created as a kind of judicial body, sustained by the groups of citizens who formed part of it, employing a militia of mounted men, and making use of summary methods and extreme penalties in its procedure. Its life as an effective body was brief, although it continued to exist for many years. On the other hand the medieval _hermandad_ of Toledo enjoyed a revival of life and usefulness.[53]

[Sidenote: Reforms in Aragon.]

It is hardly necessary to trace the administrative and judicial reforms of Ferdinand in Aragon. Suffice to say that they followed the Castilian pattern much more closely, indeed, than in the matter of social organization.

[Sidenote: Procedure of the Inquisition.]

The Castilian Inquisition, first created in 1478 for specific and temporary objects, underwent considerable modification when retained as a permanent body to combat heresy in general. The popes refused to allow it to be in all respects a royal instrument, and retained the right of appointing or dismissing inquisitors, permitting the kings to recommend candidates. The expansion of the inst.i.tution from Seville to other cities in Spain and the creation of a supreme council of the Inquisition have already been mentioned. Ximenez, who became head of the Inquisition of Castile in 1507, extended its operations to Africa and the Americas.

The methods of trial were harsh, though less so if gauged by the standards of that time. Torture was used as a means of obtaining confessions. The accused was kept utterly apart from his family and friends, who did not learn what had become of him until his liberation or his appearance in an _auto de fe_. The same secrecy was employed in dealing with the prisoner, who was informed of the general charge against him, without the details and without knowing his accuser's name.

He was allowed to indicate those in whom he lacked confidence, and if he should chance to hit upon an accuser that person's evidence was eliminated. Two witnesses against him were sufficient to outweigh any testimony he might give. He might have a lawyer, but could not confer with him in private. He might also object to a judge whose impartiality he had reason to suspect, and could appeal to the pope. Penalties varied from the imposition of a light penance to imprisonment or burning to death. Burning in effigy of those who escaped or burning of the remains of those who had died was also practised. The _auto de fe_ represented, as the words imply, merely the decision in the given case, and not the imposition of the penalty as has often been stated. The general rule was for the executions to take place on holidays, which in Spain are indeed "holy days," or days in celebration of events in church history. A procession was held, in which the functionaries of the Inquisition took part. A public announcement of the decisions was made, and those who were condemned to death were turned over to the civil authorities, who carried out the execution in the customary place. As has already been said, the imposition of sentences was accompanied by confiscations or the levy of fines. Since the Inquisition was supported by these amercements there were numerous scandals in connection therewith.

Certain royal orders implied, and complaints by men of such standing as Juan de Daza, bishop of Cordova, directly charged, that the Inquisition displayed a too great eagerness to insure its financial standing by confiscations. On one occasion it seems that the estate of a wealthy victim of the Inquisition was divided between Cardinal Carvajal, the inquisitor Lucero, the royal treasurer Morales, and Ferdinand's private secretary. The funds did not belong in law to the Inquisition. That body collected them and turned them over to the king, who granted them back again.

[Sidenote: Financial administration.]

The new Castilian and Aragonese states required greatly increased funds and a royal army, and both of these matters received the careful consideration of Ferdinand and Isabella. In financial affairs their activities were twofold: to procure more revenues; and to bring about greater economy in their collection and administration. The revocation of earlier land grants was one measure productive of income, since the taxes from them now went to the crown rather than to the lords. Two sources of revenue of a religious character were procured by papal grant. One of these was the _cruzada_, or sale of indulgences, based on the crusade (_cruzada_) against the Moslems. Designed for a temporary purpose it became an enduring element in the royal income. The other was the _diezmo_, or t.i.the, presumably for the same objects as the _cruzada_, although it too was diverted to other uses. Great attention was paid to the administration of the remunerative _alcabala_, and to stamp taxes and customs duties. The treasury department as a modern inst.i.tution may be said to date from this era. In addition the Catholic Kings corrected abuses in the coinage of money. The final result is shown in the increase in the revenues from about 900,000 _reales_[54] in 1474 to well over 26,000,000 in 1504. Expenses were so heavy, however, that more than once a resort to loans was necessary.

[Sidenote: Modernization of the army.]

[Sidenote: The royal navy.]

The army kept pace with other inst.i.tutions in the advance out of medievalism into modernity. The seigniorial levies, unequal in size and subversive of discipline as well as a potential danger, were virtually done away with after the Granadine war, although such bodies appeared occasionally even in the next era. In their place were subst.i.tuted a larger royal army at state expense and the principle of universal military service. One man in every twelve of those between twenty and forty years of age was held liable, but did not take the field and was not paid except when specifically called. The glory of the new professional army attracted many who had formerly served the great lords, including a number of the n.o.bility and the adventurous element.

Under the leadership of Gonzalo de Ayora and especially of the "great captain," Gonzalo de Cordoba, noteworthy reforms in tactics were made.

The army was now an aggregation of equal groups, based on battalions and companies, while the larger divisions were a.s.signed a proportionate number of infantry, cavalry, and artillery. From this period date many current military t.i.tles: colonel, captain, and others. Arms and equipment were much improved and military administration bettered. The importance of firearms was just becoming recognized; cannon, firing b.a.l.l.s of stone, played a prominent part in the war with Granada. A similar if less p.r.o.nounced development appeared in the navy. The admiral of Castile, who had enjoyed a semi-independent sinecure, now lost much of his authority, for many of his powers were taken over by the crown.

[Sidenote: The Ordinance of Montalvo and other codifications of the laws.]

The reforms which have been chronicled were the result of a great body of legislation, most of which emanated directly from the crown, although some important laws were enacted in conjunction with the _Cortes_. Taken with the variety of legislation in preceding years it caused not a little confusion as to the precise principle governing a specific case.

This led to the compilation by Alfonso Diaz de Montalvo of the _Ordenanzas Reales de Castilla_ (1484?), or Royal Ordinances of Castile, commonly called the Ordinance (_Ordenamiento_) of Doctor Montalvo, in which were set forth various ordinances of the _Cortes_ since that of Alcala in 1348 and certain orders of the kings from the time of Alfonso X, together with some provisions of earlier date. In all, 1163 laws were included, of which 230 belonged to the era of the Catholic Kings.

Although it is not certain, the _Ordenanzas_ seems to have been promulgated as law, and in any event was very influential, running through thirteen editions down to the year 1513. The compilation was far from meeting the full requirement of the times, however. Besides being incomplete, as was only to be expected, it contained various inaccuracies of form and substance. Furthermore, with such varying elements still in effect as the _Partidas_ and the medieval _fueros_, besides the unwritten transformation and unification which had been going on for two centuries (as a result of royalist policies), there was need for a clear and methodical revision of Castilian legislation.

Various other publications covering special phases of the laws, such as the _Ordenanzas de Alcabalas_ (1491), or Ordinances of the _Alcabala_, the already mentioned _Leyes de Toro_ (1505), and the privileges of the _Mesta_ (1511), date from this era, while there was a similar tendency toward legislative publication in the Catalonian and Valencian parts of the kingdom of Aragon.

[Sidenote: Relations of church and state.]

Although the piety of Ferdinand and Isabella earned them the sobriquet of the "Catholic Kings," particularly merited in the case of Isabella, they did not let their regard for the church interfere with their conceptions of the royal authority. Something has already been said about their resistance to the intrusions of ecclesiastical courts and their objection to appointments of foreigners to Spanish benefices. The same conflict with the pope was maintained with regard to papal appointments of Spaniards. In the case of Granada and the Americas the crown gained the _patronato real_, or royal patronage, in such degree that the monarch became the virtual administrative head of the church, but the concession for the rest of Spain was not so complete.

Nevertheless, the royal nominees were usually appointed. The Catholic Kings displayed great consideration for the church when the interests of the latter did not run counter to the monarchical ideal, and in Castile the confessors of the queen obtained a certain ascendency which made them among the most powerful individuals in the state. They proved to be well deserving of their influence, however, notably cardinals Mendoza, Talavera, and Ximenez, of whom the last-named was, after the Catholic Kings, by far the most important figure of the times.

CHAPTER XXI

MATERIAL AND INTELLECTUAL PROGRESS, 1479-1517

[Sidenote: Economic medievalism.]

[Sidenote: Privileges of the _Mesta_.]

The Catholic Kings attacked the economic problems of their era with much the same zeal they had displayed in social and political reforms, but without equal success, for medievalism in material affairs was more persistent than in social, political, and intellectual inst.i.tutions. The same false economic ideas of the past were still operative. Especially was this manifest in the belief that legislation and state intervention in business provided a panacea for all evils, when the real needs were the development of the wealth at hand and the modification of geographical conditions in such a way as to permit of additional productivity. Protection and excessive regulation were the keynote of the laws. As a result manufactures were stimulated on the one hand, and various cities of the two kingdoms became notable industrial centres, but on the other hand, these same industries were hindered by inspections, by laws regulating the fashion and style of goods and fixing prices, wages, and the hours of labor, and by a host of other measures which killed initiative and hindered rapidity of work. In part to promote this artificial industrial life, so that raw wool might be readily procured, the Catholic Kings recognized and even extended the privileges of the great corporation of the _Mesta_. Starting from La Mancha and Extremadura in April, flocks of sheep annually ravaged Castile, returning in September to the place whence they had come. The _canada real_, or royal sheepwalk, was set aside for their exclusive use, and a prohibition was placed on clearing, working, or enclosing any part of that strip. In fact the sheepmen ventured beyond the legal limits, and although required by law to pay damages in such cases were so powerful that they rarely did so. Withal, the stimulus to manufacturing was almost purely artificial, and the Spanish cities, even Barcelona, found compet.i.tion with foreign cloths and other goods too keen. In the main, Spain continued to be a raw material land, exporting primary articles to foreign countries, in return for manufactures.

[Sidenote: Lack of progress in agriculture.]

Attempts were made to encourage agriculture, but the spirit of legislative interference and the superior importance accorded the grazing industry were not conducive to progress. The menace of the _Mesta_ was responsible for the almost complete destruction of forestry and agriculture in many regions which were suitable to development in those respects, while the irrigation ditches of Andalusia and other former Moslem lands were too often allowed to decay.