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NAME AND ADDRESS DATENORTHWESTERN UNIVERSITY THE COLONIAL CABILDO UNDER THE SPANISH HAPSBURGS A study of the cabildos of Quito, Santiago (Chile), and Buenos Aires, 1534-1700, by John Preston Moore EVANSTON, ILLINOIS JUNE, 1942 This dissertation is submitted in partial fulfilment of the requirements for the degree of Doctor of Philosophy at Northwestern University, Graduate SchoolProQuest Number: 10101767 All rights reserved INFORMATION TO ALL USERS The quality of this reproduction is dependent upon the quality of the copy submitted, In the unlikely event that the author did not send a complete manuscript and there are missing pages, these will be noted. Also, if material had to be removed, a note will indicate the deletion. ProQuest. ProQuest 10101767 Published by ProQuest LLC (2016). Copyright of the Dissertation is held by the Author. Allrights reserved. This work is protected against unauthorized copying under Title 17, United States Code Microform Edition © ProQuest LLC. ProQuest LLC 789 East Fisenhower Parkway P.O, Box 1346 Ann Arbor, Ml 48106 - 1346PREFACE The Spanish colonial municipal cabildo, or town council, has long deserved the consideration of serious students of Latin-American history. Yet a thorough study of its origin and evolution has heretofore been neglected, while many other features of colonial government, such as the audiencia, the viceroy, and the residencia, have been subjected to careful and intensive investigation by out- standing historians in the colonial field. ‘he chief reason for this has been perhaps a belated realization of the importance of the council in the direction of municipal affairs. The purpose of this dissertation is in part to remedy the omission by a study of the development and functioning of the council in three important cities of South America during the reign of the Hapsburgs. The quantity of material available and the scope of the topic forbid the inclusion of all the municipalities of South America. Per- haps it would not be too bold to venture that the conclusions arrived at will prove typical of the customs and practices of a majority of the colonial cabildos. It is to be hoped that an examination of this organ of government will shed light on other colonial institutions and offices whose functioning has remained obscure. I should like to aclmowledge my indebtedness to Dr. I, J. Cox of Northwestern University, under whose direction~4i- the work was undertaken and carried to completion, and to Dr. Lewis Hanke, Director of the Hispanic Foundation of the Library of Congress, who first suggested the topic to me. I am also grateful to Mrs. Pierce Butler, librarian of the Ayer Collection of the Newberry Library of Chicago for kindly extending to me the facilities and resources available there on colonial Spanish America, and to members of the staff of the Hispanic Foundation of the Library of Congress, where I had the pleasure of working for several summers. T.P.Me Northwestern University February 1, 1942- a4. - TABLE OF CONTENTS Chapter Page I. The municipality in Spain..ssccseeee II. The beginnings of local government in America..... 24 III. Founding of the colonial municipality... oe 48 Iv. Electoral procedure in the cabildos.s..eccesceeeeee 69 Vv. Duties and functions of local officials. seeccee 9S VI. The cabildo abLortosseccceccccccccecccvecscssccoes LIS VII. Miscellaneous political powers....eseeeesececeeeee 154 VIII. land grants, municipal property, and finances..... 156 IX. Control of local trade and business...sesseeseeees 176 X. Social welfare... . 199 XI, Civic celebrations....seeeeeeeeseesesecceeeeceeces 217 XII. The cabildo and the church.ssscsscsssssccccasesses 232 XIII. Triumph of the Crown.. ee seeee 247 Appendix A - The land grants of the cabildo of Quito, ISS5-1551...cccceeccecccesccreeces 281 Appendix B - Arancel or list of charges.. + 289 Appendix C - Amount of beef to be killed by citizens of Buenos Aires 1n 1609..ceeeeeeccceecees 292 Bibliography... + 293CHAPTER I THE MUNICIPALITY IN SPAIN The political organization of the colonial Hispanic American municipality was the cabildo or council.? It was an influential factor in the early development of the tom, as through it the citizens of the municipality se- cured a measure of representation. Originating as a feature of local government in Spain, it was adopted, not without modifications, by Spaniards in the American colonies. In order to understand the origin and background of the Spanish American cabildo it 1s, therefore, essential to trace in general the evolution of the Castilian municipality from earliest times down to the period when the New “orld was conquered and settled.” It appears likely that the Spanish town arose from a Roman prototype, that its character and constitution were derived in large part from Roman features. A tradition of 1. The Spanish words cabildo, ayuntamiento and regimiento are used almost interchangeably throughout this study. Cabildo is, however, the common term for the colonial municipal council. 2. The home of the institutions of Latin America is Cas- tile rather than Aragon, because of the intimate politi- cal and economic ties between the two regions, 3. Merriman declares that the origin of the Spanish muni- cipality is "one of the most eagerly debated questions in medieval Spanish history" (Roger Bigelow Merriman, Rise of the Spanish Empire, .N. Y., 19183, I, 184). Among the older authorities who discuss this question of Roman origin are Fustal de Coulanges and Frangois Guizot. The former is inclined to take the view that in some measure the municipal system developed by Rome was handed down to-2- the "noble Roman city" persisted throughout the era when rural life was most common. During the period of disorder following the fall of the Roman empire and the rise of the Visigothic kingdom, cities were of little consequence in the history of Spain. They tended to lose a large part of their population, and 3. (Continued) Western Europe. The medieval institutions of Italy and Southern France were in particular the bene- ficiaries of the Roman gift of political organizations. See Francois Guizot, The History of Civilization from the Fall of the Roman Empire to the French Revolution, (Lor don, 1887), T, 1! Ue 3 Fustal de Coulanges, The Ancien City: A Study of the Religion, Laws and Institutions of Greece and Rome, (Boston and ™. Y., 1889), pp. 470-520, 231-258. In a brief discussion of the history of the muni- cipalities in Spain Hinojosa lends support to the thesis of the limited influence of Roman institutions on the me@ieval Spanish cities. See Eduardo de Hinojosa, His- toria general del derecho espanol, (ladrid, 1887), T, Be5-278- Yet the welent Of Historical judgment would seem to confirm a continuity of the Roman tradition down through the Niddle Ages. See Charles E, Chapman, History of Spain, (N. Y., 1918), p. 34; Manuel Colmeiro, Flementos del derecho polf{tico y administrativo de Espafia, (6th edi- tion, Madrid, 1881), p. 101; Frank W. Blackmar, Spanish Institutions of the Southwest, (Johns Hopkins University Studies), (Baltimore, 1601), X, 154, 155, Tt is contended by Sanz Cid that Roman municipal insti- tutions persisted to a certain extent during the Visi- gothic invasion, their survival being the result of assimi- Tation of Roman culture by the barbarians, of the "abso~- lute need for administrative organization" in an age of violence, and of a desire of the Germans to seize posses- sion of landed property held in the name of the town or city. The political organization of the city remained much the same. The cvria, already having administrative functions, added to them judicial duties, so that it might be called the audiencia of the period. ‘The cura- tor, defensor civitatis, and numerario, created in the post-Homan era and entrusted with fiscal duties, were the main officials (Carlos Sanz Cid, El municipio, ensayo de_un estudio del mismo en los principos en la historia y en la legisiacion, «Madrid, 191% pp. 71, 72). The model of the ayuntamiento is the Roman curia, ac- cording to Colmeiro, op. cite, p. 160.-3- in many cases they disappeared. The nerve centers of poli- tical life were the castles or armed homes of the Visigothic nobles. Local government became feudalized. In the few surviving cities only a modicum of self-governnent was per- mitted, the nobles being ambitious to rule their territories completely. Apparently a local assembly of Celtic or pre-Roman ori- gin reappeared in which were gathered the free men of a city or district. This convocation was thus associated with the city, "although its sphere of authority embraced such di- verse functions as apprehension of serfs who had fled the land, setting up of landmarks, and stock raising. "* The Moors, undertaking the conquest of the Iberian pen- insula in the 8th century, were more favorably disposed toward urban life. Sevilla and Cordoba, as a result of in- creased trade and commerce, became important cities. The former, it is said, had "200,000 houses, 600 mosques, 900 bath houses, besides many public buildings."® On the whole, however, urban development amounted to little in the age of transition between the Roman city and the Spanish municipality of the 11th century. Municipal growth during the initial stages of the re- conquest of Moorish Spain was rapid. In the 10th century 4. Ibid., p. 73. 5. Chapman, op. cit., p. 49.-4- the free town, or villa, originated as a means of assuring the retention of newly-gained territory. It was essential- ly a frontier settlement founded by Spanish soldiers and adventurers on land legally claimed by the king through right of conquest.© These towns became allies of the king in the long Moorish war, and colonization was encouraged by the Crown to strengthen their value as military outposts.” To these inhabitants were granted important political con- cessions, primarily to make secure the frontier against the Moors; secondarily, to bring about the cultivation of the soil.® tn addition to royal villas, there were localities enjoying segneurial and ecclesiastical protection, and some towns were almost entirely free of any exterior control. The privileges and rights conceded by the king to a frontier settlement were embodied in a fuero, or charter,? 6. Rafael Altamira y Crevea, Historia de Espafia y de la civilizacién espafiola, (Barcelona, 1900-11), 1, S02. 7. Manvel Danvila y Collado, El poder civil en Espafia, Qiadrid, 1885), p. 100. 8. Merriman, op. cit., I, 185; Colmeiro, op. cit., II, 144; Lucas Atehan, D isehtact ones sobre 1s historia dé la_répudlica megicana, (Mexico City, 1644), Tit, 11. 9. The term fuero is derived from the Latin forum, a word having different meanings. Merriman, op. cit., 1, 184, 185. The general law of Castilian Spain was the unwritten Visigothic code or fuero juzgo. ‘when no provision was to be found in a municipal fuero to cover a particular situa- tion, it was understood that the customary Visigothic law was to apply. See Francisco Martinez Marina, Ensayo his torico crf{tico sobre la antiqua legislacién y principales cuerpos legaies de los reinos de esa “y Castilla, (Wadrid, Teste p. L7ss Bitantres opsicl bests) Ose= 5 by which it acquired a corporate and legal personality. In the beginning a separate and distinct fuero was given each town.?° Although the tendency somewhat later was to stand- ardize them by using the charter of one town as a model for others, a great deal of variety, nevertheless, re- mained among them. This condition may be explained by the fact that higher nobility and clergy also granted conces- sions for various reasons to towns in their domains. Another factor affecting the character of the charters was the many differences in customs and traditions existing among the people of Castile, Aragon, Navarre and Catalonia.?? in general, the greater the dangers likely to be encountered by the citizens from their enemies, the larger was the pro- portion of political autonomy granted by the monarch.25 10. A typical fuero is that given by a medieval king to Sepiilveda: "In the beginning, I give and authorize to those that live there and to those that are to come, the city with its confines, with its woodlands, springs, pastures, rivers, salt pits, silver mines, iron mines, and all other mineral rights..." (Quoted in J. A. Gar- efa, La ciudad indiana, «2d ed., Buenos Aires, 1909, pe 157)e ll. The city of Leén was one of the first to receive a royal charter. It was adopted more or less as a type to be followed.in granting liberties to Cuenca and other cities. Alaman, op. cit., III, 11. Some towns were authorized by the king to draw up their own constitutions. In Salamanca the municipal council passed a number of ordinances which were approved by the ruler and became the city's fuero. See Altamira, op. cit., I, 421. 12. Altamira, op. cit., I, 402. 13. According to Garcfa, the measure of self-government varied with the individual cities, depending on their proximity to the frontier and the degree of royal indebted- ness to the inhabitants. See Garcia, op. cit., pp. 157, 158.S05 Occasionally, a ruler might intervene in a town under the control of the church to liberate it from ecclesiastical tyranny. The fuero, or corporate contract, was solemnly sworn to by the king and burghers, and obligations were undertaken therein by both parties. The king should furnish protection to the town, should not defraud the city or seize property belonging to any of its citizens unlawfully, should not in- fringe upon the privileges of the charter. On their side, the burghers must be faithful to the sovereign, recognize at all times the duty of vassalage, and abide by the laws of the land and the special provisions of the charter.4 The specific aims of the fuero were these: to establish popular representation in local government; to provide for the administration of justice; to institute a system of taxa- tions to authorize the dispatch of delegates to the Cortes; and to maintain order within the city. The primary unit of municipal government, as well as the earliest historically, was the concejo, or open assembly. It consisted of the vecinos, who were ordinarily land owners and heads of families of the neighborhood. > The status of the yecino in the Castilian municipality was exceptionally high. Above all, he enjoyed membership 14, Martinez Marina, op. cit., p. 174; Antonio Sacristdn y Martinez, Municipalidades de Castille y Leén, (Madrid, 1877), pp. 168 a ae 15. ‘his popular convocation has been called the open , ansembhyin contrast to the closed:assembIp, which was composed of the legal alcalde and the aldermenchosen by the districts (Sanz Cid, op. cit., p. 7).-7- in the concejo, the real governing body of the town. By virtue of this right, he could participate directly in municipal elections. He might be tried only by the al- caldes, or mayor-justices, and according to municipal law. He was obligated to bear arms when the city was endangered or when it was deemed necessary to send a contingent to the royal host, according to the terms of the fuero. To obtain citizenship, a man must have established a domicil®cand res- 4@ancao in the city, must have his name inscribed on the citizen roll, and mst be willing to carry out the obliga- tions of citizenship recorded in the charter. To maintain the rank of citizen, he had to reside within the city limits. Should a citizen absent himself for a period of time, he must leave a substitute in his place to perform the duties and obligations imposed on all citizens. If he remained a- way longer than the period assigned in the fuero or by the concejo, he might be fined. The citizen body was divided into two main classes: the caballeros who were exempt from royal tribute, and 16 ebiens, who were forced to pay this tax. The right of assembly for the purpose of electing magistrates was a foremost provision of the charter. As 1t applied to territory beyond the city walls, the right of participation in the assembly was shared by men living in rural areas. While the method of selecting officials in the assembly through drawing lots or by rotation does not 16. Sacristdn y Martinez, op. cit., pp. 234-242.ea seem to be consistent with democratic procedure, the as- sembly itself was essentially democratic in composition.!7 As the population of the municipality increased, the concejo became unfitted by reason of its size for the con- duct of municipal affairs, 7 and the principle of represen- tation was then introduced. ‘The concejo delegated its au- thority to officials, who had been selected in the popular assembly. These officials, whose number varied from city to city, came to form in time a closed corporation or ayun- tamiento, The alcaldes,or mmicipal justices, two to ten in number, possessed jurisdiction in civil and criminal cases. The aldermen,or regidores, of whom there were from eight to thirty-six, are considered by some authorities to have an importance in conciliar government greater than that of the justices.+9 Among the lesser officials of the coun- cil were the alguacil mayor, or head of the local militia in time of war; the alférez, or standard bearer; the fieles, or officers in charge of the market place; alarifes, or inspectors of public and private works; veladores, or night watchmen; andadores and mensajeros, or council messengers.”° Representation of social classes in the council shows 17. Merriman, ope cit., I, 187; Sacristdén y Martinez, op. cit., p. 122. 18, Altamira, op. cit., I, 435. 19. Merriman, op. cit., I, 187. 20. Altamira, op. cit., I, 420.-9- 21 the dominant a difference in practice among many cities. group was usually the middle class or bourgeosie, composed of merchants, traders, members of the professions, and well- to-do artisans.22 he nobility had membership in some coun- ceils, while it was customary for only those of plebian birth to become office holders in other cities. There were towns where representation was equally divided between nobles and commoners. Since it was essential for the municipality to be in close commmnication with the king, the latter was of- ten represented by an alcalde or some other delegate. In the administration of justice, the power exercised by municipal authorities at first was extensive. while medieval theory gave prior rights in legislative and judi- cial matters to the king, the mmnicipalities, as a special royal concession, had been allowed mich control over the ad- ministration of local justice. In the course of the Middle Ages royal jurisdiction was enlarged at the expense of the municipalities, as conditions arose that seemed to necessi- tate closer supervision by the king's justices. Complaints were made to the court of abuses committed by alguaciles, 21. The county of Leén presents an interesting case in point. Of the four alcaldes, the Crown chose one, the church one, the remaining two being selected in the cus- tomary way. See Altamira, op. cit., I, 420. 22. Chapman, op. cit., pp. 140, 141. 25. According to Visigothic law, the king had sole author- ity_to nominate all the judges (Colmeiro, op. cit., p. 104). In 1025 at the Council of Leén Alfonso V dseiared’ that every city in the land should have a judge named by the King (Altamira, op. cit., I, 427).108 merinos, and other judges.** To offset an increasing dis- regard for law in the urban areas, the king endeavored to expand the jurisdiction of royal justices. They were given special cognizance in the field of criminal law and could settle all cases involving death by violence, altercations on the highway or in the palace, rape, and desecration of sanctified areas. Civil law suits between municipalities or between members of the nobility were adjudicated in the king's court.?5 The fuero conceded to the municipality, directly or by implication, the right to a hacienda or treasury.25 Its principal revenue was derived from property acquired as the result of wars, to which legal title was recognized in the charter.27 ‘This land was as a rule divided into two parts: (1) arable fields cultivated by all citizens as a part of their obligation to the local government, the proceeds being spent for projects pertaining to the common welfare; (2) municipal terrain, a portion of which was indivisible, the other parts being distributed annually or once in three or 24, Complaints were frequent during the reigns of Ferdinand V and Alfonso VI (Loc. cit.). 25. Ibid., p. 428; Aleman, op. cit., III, 18. 26. Sacristén y Martinez, op. cit., pp. 293-302. 27. The city had a dual capacity as land owner and land@- lord. Lands, woods, and water might belong to the municipality, which could build castles to defend its property against the greed of a feudal baron or of a powerful city (Danvila y Collado, op. cit., p. 171).-i- five years to the citizens. The indivisible, and also in- alienable, section of the latter category was known as propios, comprising meadows, woods, cultivated fields, any of which could be leased to individuals with the approval of the ayuntamiento.?® A second source of municipal in- come came from fines imposed by local officers for the vio- lation of ordinances.°? From certain royal levies or taxes, the charter gave complete or partial exemption to the civic inhabitants in accord with the Crown policy of favoring municipal growth.°° The moneda fonsadera, or lump sum owed to the Grom by the municipality in lieu of personal military service from its citizens, continued to be imposed. So also were the yan- tares, or the right of hospitality due the king on his tra- vels throughout the kingdom.5 Many charters granted the right of representation to the king's council, or Cortes.°” According to medieval law, 28. Sacristén y Martinez, op. cit., pp. 294, 295; Altamira, pe cit., I, 424. 29. The manner of their imposition was fixed also by the fuero (Sacristén y Martinez, op. cit., p. 296). 30. An important obligation recognized by medieval law of all free citizens and serfs was to contribute to the king's treasury (Martinez Marina, p. 175). Sl. Altamira, op. cit., I, 425. 32. The germs of the Cortes of Castile and Ledén are prob- ably to be found in the councils of Toledo convoked in the kingdom of Asturias. Alfonso VIII is believed to have been the first king to call the cities to the Cortes of Leén in 1188, Thereafter, it was customary for the ruler to invite delegates of the 3rd estate. See Col- meiro, op. cit., p. 89; Alamdén, op. cit., II, 123 Merri- man, © Pare I, 218, 219. On a few occasions, notably in 41885-1280’ and 1348, it is believed that all’of the towns were invited to be present. See Merriman, op. cit., ; .= 12. no town possessed an inherent right of representation. in conceding this favor the king was influenced by many mo- tives. The most urgent reason was his perennial need for money with which to carry on wars against the Moors or a- gainst the feudal nobility. Less significant was the need for advice. The number of procurators dispatched by the town was generally two. It was not, however, until the meeting of the Cortes of Madrid after this early period in 1429-1430 that the number was set specifically at this fi- gure. These agents might be selected by ballots, by draw- ing lots, by rotation, or by a combination of these de- vices.5 The ayuntamientos drew up poderes ,orpbwers: of attorney to guide their representatives in their procedure at court. Sometimes a poder gave complete freedom of action to a pro- curator, but in general it limited the scope of his power as attorney to certain specific ends.°* There was no regu- lar time or place of meeting for the Cortes, it being as- sembled when and where the king pleased. The authority possessed by the delegates of the cabildo to the Cortes was chiefly financial in nature.°> i¢ the 33. Ibid., p. 222. 34. Ibia., pp. 222 ff. 35. ‘The Cortes invariably swore obedience to the king. Henry IV recognized the importance of the municipal procurators being present at the Cortes, declaring that "when the kings have something to do of great importance, they must not do it without counsel or advice of the principal cities and towns of the kingdom" (Colneiro, Op. cit., p. 93).-15- monarch needed any sum above the usual contributions, it was expected that he obtain the consent of the assembly for an appropriation. Through its approvals of extra- ordinary levies, the Cortes acquired a weapon for securing redress of grievances. There was no constitutional obli- gation upon the king to accede to petitions for redress, ut he discovered through experience that concessions paved the way for financial grants. The Cortes on its own in- itlative might formulate petitions concerning matters that it wished to have converted into statutes.°° Should the king approve them, they became henceforth a part of the law of the land. Thus in practice, the Cortes possessed, to all intents and purposes, a share of the legislative au- thority. Within the framework of its charter, the ayuntamiento was permitted to provide for the maintenance of order and of defense. Local officers were charged with the execution of municipal ordinances and with the suppression of riots or disturbances. To protect the city from attacks by feu- dal lords or by the armies of rival cities, the council or- dered the construction of walls and fortifications. A militia, composed of foot soldiers and cavalry, was en- rolled in time of danger to man the defenses and, if neces- sary, to prosecute campaigns against an enemy. A contingent, 36. By an ordinance of 1387, the Cortes declared that its consent was essential for the revocation of a law. It is not certain that this was closely adhered to even in the following century. By the 16th century this right of the popular assembly received scant attention and was enerally disregarde: anvila ollado, op. cit., p. {37; Merriman, op. cit., I, 226).14 whose numerical strength and duration of service were fixed in the fuero, might be summoned by the king to join the royal host. As an additional defensive measure, towns banded together voluntarily in leagues known as hermanda- des.°? These associations might be directed against the nobility, or under exceptional circumstances, against the king if he should cecome tyrannical. The government of the league was centered in an assembly of delegates from the municipalities, which met to deliberate on a policy for the whole. For the most part, the hermandades were temporary associations that dissolved as soon as the immediate objec- tive of the union had been reached. For three centuries of the Middle Ages, the Castilian municipalities thus exercised, both in theory and practice, a large degree of independence of the Crown, and of the lay 38 and ecclesiastical lords. They engaged in wars against the Moors, against sefiores, or took part in inter-civic war. fare. To such length did their freedom in foreign affairs go that virtual anarchy reigned in a few regions. Their au 37. They made their appearance in the 12th century, being clearly operative in the reign of alfonso X. The her- mandad of 1282 was organized to assist a claimant to the Castilian kingship. Two years later it deserted him, as it believed thet its best interests lay in a more inde- pendent course (Danvila y Collado, op. cit., p. 1713 Merriman, ope cit., I, 192). 38. he high favor in which some cities stood with the king is illustrated by the concession granted to Mur- cla. Alfonso X gave it the right of nominating every year two judges, a gulice; an°ifsptetor of weights, and six era m. Messengers and Sécretaries were to ve elected iv council. The city, moreover, nad exemstion from tolls (Altamira, op. cite, II, 62).= 16 = thority was likewise extensive in matters of internal ad- ministration. But municipal prosperity, which had reached a high tide in the 135th century, was not a permanent condition. By the first half of the 14th century, signs of decay and disinte- gration were becoming apparent within the towns. Internal disorders arising from factional strife were not uncommon.°9 In the administrative framework of the municipalities many evils, such as venality of office holders, invention of needless municipality posts, multiple tenure of office, were to be seen,40 Decline of civic liberties was hastened by an altered policy on the part of the Crown, which sought to intervene in municipal administration. In the critical period of the rise of the monarch over the feudal aristocracy, the Cas- tilian cities had given financial support to the king, and ee ee ee a that by the middle of the 14th century the kin encoun- tering less resistance from the nobility and hence no longer had to rely upon the aid furnished by his municipal allies. It is debatable whether at the beginning royal interference 39, Many explanations for the phenomenon of civic decay have been offered. Ultimately, the chief reason may Rave been the jealousy and rivalry of the patrician families for control over the wealth of the municipali- ties. Proof of this is the many petitions received by the king from cities, asking for cartas,or ordinances, to forbi nobles from establishing themselves within the munici- pal ee (Merriman, op. cit., I, 1953; Chapman, op. cit., p. 159). SS 40. Merriman, ope cit., I, 195; Danvila y Collado, op. cit., Pe 5503 Sanz tia ep. cite, De 8— 16 - proceeded from a dissatisfaction with the functioning of municipal government or from a clearly conceived absolu- tist theory of the monarchy. It must have been apparent later, however, that national unification could be achieved only by the surrender of political autonomy by the towns. Alfonso XI initiated a program, steadily adhered to by his succe rs, of diminishing the vitality of urban government. He made little effort to abolish the fueros, but instead tried to undermine them by various expedients. In pursuance of this policy, he appointed corregidores, or correctors, to the municipal districts. These royal agents cooperated in the beginning with the local alcaldes, but later deprived them of much of their authority.*? This Castilian ruler began also the system of royal regidores when he appointed a certain number of his re- tainers to the city council of Segovia. By means of Crown appointees, local ordinances were abrogated or altered with @ consequent loss of municipal liberties. The ayuntamiento, now having royal representatives, assumed powers once held by the concejo. It is to be noted that free and open elec~ tions tended to disappear. Sale of municipal offices was begun during the reign of John II, 1406-1454,4? The municipalities did not yield their privileges with- out protest. Through procurators, they petitioned the king 41. Colmeiro, op. cit., p. 104; Altamira, op. cit., II, 623 Chapman, op. sits, p. 189; Merriman, ope -siE-s ft, 2333 Jean MariejeTe ‘Espagne sous Fordinans St Taabeile, (Paris, 1892), De ° 42, Merriman, op. cit., I, 196.Ay & that the corregidor's tenure of office be limited to one year and that a man chosen for this position should be a resident of the commmity in which he was to hold office. In the Cortes there were frequent affirmations by procura- tors of the rights of the municipalities to decide whether or not corregidores should be sent to their cities. In the reign of John II it was requested by the municipal delegates that the corregidor “should remain for at least fifty days in the region where he held office, so that anyone who be- lieved himself to have been wronged by their verdicts might state his case and have justice."45 It was perhaps the be- ginning of the important institution of the residencia. Royal authority over the Castilian cities and towns continued to increase under the Catholic rulers, Ferdinand of Aragon and Isabella of Castile. The keynote of their policy was essentially reform in local government by royal intervention, rather than by elimination of abuses and evils that had grown up in the later Middle Ages. While the Crown made little attempt to revoke the charters of liberties, the corregidores were encouraged to assume a larger political and military jurisdiction.** For the first time many local officials were subjected to a re- sidencia, a ready method of removing those opposed to Crown policy. New offices were created: pesquisidores with right of inquiry into the administration of local law; veedores, 43. Merriman, op. cit., II, 254. 44. Ibid., II, 147, 148.-1s- whose function in general was to oversee the conduct of public officers and in particular to check the financial accounts of municipal agents.*> As an inevitable consequence of the loss of internal liberty, there was a weakening of the Cortes and of the hermandades. There were relatively few assemblies of the Cortes held between 1475 and 1503.76 A limitation upon the right of towns to send delegates was established in harmony with the policy of excluding the nobility and clergy from many sessions. *” Toward the hermandades the attitude of the rulers was likewise unfriendly. A constitution of the new hermanda- des, published by the Cortes of Madrigal in 1476, was in reality a reorganization of these brotherhoods along royal- 48 ly controlled lines. In 1498 the Crown, considering that 45. Chapman, op. cit., p. 210. There was often a manipu- lation of mnicipel elections in favor of the aristoe- racy, who, at this juncture, were not strongly opposed to the monarchy. Altamira, op. cit.,II, 446. In 1580 the Cortes of Toledo passed ordinances to improve govern- mental conditions in the towns and cities of Spain. These laws reduced the number of offices, forbade the leasing of them, and compelled regidores to reside at least four months in the city or village where they held office (Danvila y Collado, op. cit., p. 555). 46. Only nine were summoned, four of these being prior to 1483. Merriman, op. cit., II, 127. 47. At the Cortes of Toledo in 1480 only 17 towns and cit- ies were granted the right of representation, and after the conquest of Granada, only 18 (ibid., p. 1283 Dan- vila y Collado, op. cit., p. 410). 48. There were three main features of this document: (1) presidency of the council of hermandad to be vested in the Bishop of Cartagena, a royal appointee; (2) inelu- sion of many additional crimes under the jurisdiction of the hermandad; and (3) determination of financial quotas to be made by the king (Merriman, op. cit., II, 102).=o. these bodies had completed the task of enforcing obedience to law throughout the realm, ordered their abolition. Ineffectual attempts by the municipalities had been made under the Catholic rulers in the 15th century to check the centralizing tendency of the Crown. The last and most serious effort to reverse the trend of the times took place in the first years of the reign of Charles V in the revolt of the Comuneros.*? The immediate cause of the outbreak was the imposition of taxes by the king, especial- ly the alcabala and a three year papal tithe, which had been necessitated by his acceptance of the crown of the Holy Roman Empire. There were, however, other deep-seated rea- sons for the revolt: a desire to redstablish municipal free- dom; hostility towards a ruler of foreign birth; and ap- pointment by the king of men of non-Spanish extraction, es- pecially Flemings, to key posts in the kingdom. In 1518, at Charles' request, the Cortes had voted a sum of money for the expenses of his journey to Germany to receive the imperial crown. The amount was inadequate and a second convocation was called to meet in 1520 at Santia- go de Gaberia. In the interim, the concejo of Toledo, where the nobility had been aggravated by inclusion in the tax measures, dispatched a circular to the Castilian cities and towns, urging them to join in a general petition to the king for a redress of grievances. The memorial was to im- 49, Altamira, op. cit., III, 9 ff; Merriman, op. cit., III, 66; Danvila 7 ado, op. cit., p. 251; H. Seaver, Great Revolt in Castil joston and N. ¥., 1928).= 20 press Charles with the need for three reforms: (1) that he should maintain his home in Spain, the most important of his possessions; (2) that he should exclude foreigners from important positions in Castile; (3) that he should not permit the transportation of money out of the country. The response from the mmicipalities was favorable. The noble and clerical elements in many councils supported the petition wholeheartedly. The adherence of numerous Castilian cities was secured to a second circular, urging the king, when he resolved to depart from Spain, to appoint in his place a capable governor of Spanish blood. Having obtained the necessary backing from many other cities, the concejo of Toledo sent messengers with the petitions to the King. Determined to secure redress, it abstained from ap- pointing procurators to the forthcoming meeting of the Cor- tes. That assembly, when it met on Narch 31, 1520, was found to be on the verge of revolt. Four days later its sessions were suspended by the king, only to be resumed at Corunna. Here it granted most of his financial demands. Learning of the disaffection in Toledo, the royal coun- cil summoned Juan Padilla, a prominent leader in the opposi- tion, and other regidores to appear before them. His refu- sal to go was the incident "that converted an insurrection n5l into a true revolution. The action of the Cortes was now openly disavowed by the councils of many cities, including 50. Altamira, op. cit., III, 9 f. ee ee ee- 21- those of Zamora, Segovia, Guadalajara, Salamanca, Burgos, and Madrid. ‘The third estate was joined by representatives of the first and second estates in some districts. When the Crown tried to suppress by force the uprising in Segovia, several faint-hearted cities signified their intent to abide by the acts of the Cortes. The revolutionists now undertook steps looking towards more stable organization and greater defense. In July, 1520, agents from Toledo, Madrid, Guadalajara, Soria, Murcia, Cuenca, Segovia, Salamanca, Toro, Zamora, Leén, Valladolid, Burgos, Ciudad Rodrigo gathered at Avila. After taking an oath "to the service of the king and the comunidad," they proceeded to set up a junta for resistance. Juan de Padil- la was elected as captain-general of their forces.°2 The junta drew up another memorial, repeating their original demands with one innovation, namely, the restoration of the ancient laws and customs of Castile. For the history of the Castilian municipalities this plea is of no little signifi- cance. It shows that they had not forgotten the early per- dod of extensive liberty and that they resented the many en- eroachments made by royal power over the last two hundred years. After the first attempts by Fonseca and Cardinal Xavier to quell the uprising had failed, the insurgents, in order to make their position legal, resolved to win Queen Joanna to their side. Her refusal to sign their documents lessened 52. Ibid., p. 16.- 22 - somewhat the seriousness of the revolt. Charles now counseled his ministers to temporize by granting concessions. Thus, the servicio, oc dindti¢ny vs ended, royal rents were collected by methods used during the pre- ceding reign, and some reforms were made in the administra- tion of justice. It cannot be said, however, that these slight reforms brought back many of their earlier liberties of the municipalities, but the success of the revolutionary movement was short-lived for several reasons. ‘The lower classes in the cities gave vent to long-standing grievances against the aristocracy, thereby alienating the nobles, who had made possible strong opposition to the king. Further- more, no satisfactory arrangement had been devised for the payment of the soldiers in the commnal army.54 The royal council, strengthened by the adherence of the nobility, dispatched an army to effect the capture of Torde- sillas. ‘hen the leaders of the communes divided their for- ces in the field, the royalist leaders saw their opportunity, and made a sudden attack on the priricipal part of the op- posing army at Villalar on April 23, 1621, a battle which resulted in a decisive defeat for the rebels. The revolt of the Comuneros marks the last phase of the era of political freedom for the Castilian municipali- ties.°5 he scope of the revolutionary movement indicates 53. "It is certain that the failure to obtain the queen's signature marked the passing of the zenith of the revo- lution" (Merriman, op. cit., p- 76). 54, Altamira, op. cit., III, 25; Danvila y Collado, op. cite, pps ROL ESBS 55. Sacristan y Martinez, op. cit., pp. 400, 401.Seo a widespread dissatisfaction with the centralized politi- cal machinery of the Crown, as well as with many other fea- tures of the regime. After 1521, not only was the king able more easily to dominate civic government by his agents, but also to exert further control over the Cortes, whose menibers were named thereafter according to royal decree. The cities thus lost any remaining right of self government, and closer restriction was placed on representation in the Cortes. It must be noted that the political events of the first quarter of the 16th century in Spain affected the develop- ment of the municipality in the New World.©’ In this period when local institutions were being inaugurated on the recent- ly discovered islands and mainland of America, the constitu- tional status of the Castilian municipalities was still un- determined, a fact which may account in part for a lack of restrictions on the governments set up in the first colonial municipalities. It may be that no definite policy had yet been formulated by the Crown. Had the Castilian cities been successful in their struggle with the king, they might have checked the trend towards absolutism in Spain. This in turn could have affected permanently the nature of colonial govern- ment. It would seem, however, in spite of the outcome of the battle of Villalar, that the new cities of America en- joyea for a short time a somewhat free existence, reminis-~ cent of the Castilian municipalities at their prime. 56. Danvila y Collado, op. cit., p. 233. 57. J. A. Garcfa, op. cit., pp. 158-161.- 24 = CHAPTER II THE BEGINNINGS OF LOCAL GOVERNMENT IN AMERICA The municipality is among the first of the colonial institutions in significance and in point of time. The for- mal occupation of new territory was generally signalized by the laying out of a town. It is to be observed that the growth of Spanish towns preceded the development of the countryside, contrary to the usual course in the English colonies, “where the town grew up to meet the needs of the inhabitants." In the molding of local government, it is probable that the contemporary Castilian ayuntamiento was the most influ- ential single element.” The attitude and policy of the 1. Towns came first in the order of colonization in the regions settled by Spaniards. ‘The colonists customarily made their homes there rather than in the rural areas. It was possible for them to live at a distance from their farms or mines because of the availability of Indian and, later, Negro labor (Bernard Moses, Spanish Dependencies in South America, Il, «New York and Eendony Isltss p+ 370) « See also a chapter on Spanish and English colonies in an- other work by the same author. This is a suggestive comparison of the motivation behind the two systems used in colonizing America (Moses, The Establishment of Spanish Rule in America, sew York & London, 1808s, pps SoS-sI2)—— 2. "the early municipality shows as its predominant charac- teristic an imitative tendency of the juridical structure of the Spanish municipality at the time of the discovery; a tendency that appears conditioned by the new demands of reality, as the very special municipal organization with the name pueblos de indias reveals" (José M. Ots, "Apun- tes para la historia del municipio hispano-americano, Anuario de historia del derecho es > 1924, 1, 95). Helo declares mistakenly that the Spanish american town ig in government, form, and structure esgentially like a that of 16th century Spain (Carlo Melo, "El municipio colonial," De la revista de la universidad nacional de- 25 - Crown were likewise significant, especially in the latter part of the 16th century when encroachments were made that resulted in the ultimate loss of municipal rights and 1ib- erties.. Other considerations having a bearing upon govern- mental forms and powers arose from the particular problems of pioneer existence that faced each municipality, such as economic interests of the settlers and the need for defense against unfriendly Indian tribes. From the interaction of all these factors, there developed a type of conciliar or- ganization that resembled the Castilian council of "the gol- den age of the municipalities."5 The similarity between as- pects of the environment on the American frontier and con- ditions along the Moorish border of medieval Castile should 2.(Continued) Cordoba, September and Yctober, 1933, p.5) “The municipality is only one of many Castilian insti- tutions serving as a model for colonial institutions; the Council of the indies was derived from the Council of Castile; the audiencia was formed after the model of the royal caancellories (R. Levene, Introduccién a la historia del derecho indiano, «Buenos Aires, 1915>, p. Juan de Solérzano y Pereyra, Polftica indiana, -Madria, 1776s, p. 446; J. Garcfa, op. cit., pp. 155-1673; Charles E. Cunningham, "The Institutional Background of Spanish- American History," leview, Hispanic-American Historical February, 1918, pp. 24 ff.J. 3. Kirkpatrick regards the Castilian city of the epoch prior to the appointment of corregidores as the true model of the Hispanic — LUD (F, A. Sirkpatrick, "Kunicipal Administration in the Spanish Dominions in mmerica, " Royal Society Transactions, Third Series, Ix, 19153 98). Spaniards "who crossed the Atlanticcarried with them that ardent love of self-government, the expression of which in Spain was becoming increasingly difficuk , and when they began the colonization of America, they did not forget the old municipal life of Castile" (Lionel Cecil Jane, Liverty and Despotism in Spanish America, .0xford, 19293, De 56). 383- 26 - not be overlooked. To a large extent, the colonial munici- pality seems to be a case of institutional revival rather than of innovation. There is a regression to a governmental institution of the Middle Ages, a circumstance which is by no means rare in the history of institutions.* In the development of the Spanish colonial municipali- ties, the first half of the 16th century is an important pe- riod. It was at this time that the chief cities of modern Hispanic America were founded and the basis of the Crown policy towards the colonies was formulated. In laying out towns in the Indies and providing for their government, Colum- bus was given a free hand by the Spanish sovereigns. At Santa Fe de Granada on April 17, 1492, he obtained a capitu- lation from the Crown by which he was to be recognized as “admiral, viceroy and governor of the islands and mainland, that are known at this time or that he should discover or win in the said seas;" he was authorized, moreover, to provide for the government of the islands. He might name three per- sons for each office, from whom the Crown would select one.® 4. Howard points out a similar phenomenon in regard to_local government in the English colonies (G. E. Howard, An Intro- duction to the Local Constitutional History of the United — tates, - baltimore, 1689,, 1, 5i). 5. Primeramente: que vuestras Altezas, como Sefiores que son de las dichas mares Océanas, fagan desde agora Don Cristébal Colon mi almirante en todas aquellas islas é tierras-firmes, que por su mano 6 industria se descab- rieren 6 ganaren en las dichas mares Océanas para durante su vida y después del muerte d sus herederos,.. Otrosf: que vuestras Altezas facen al dicho D. Cristébal Colon mi Visorey y Governador general en todas las dichas islas y tierras-firmes, que como dicho es é1 discubriere 6 ganare en las dichas mares; 6 que para el regimiento de cada una y cualquier dellas faga é1 eleccion de tres personas para= 27 In a second capitulation, drawn up at Sante Fe de Granada, April 30, 1492, Ferdinand and Isabella further defined his authority as admiral and viceroy in the Indies.© By later agreements he was empowered to designate the alcaldes and the alguaciles and hear appeals fom their judgments. He 5.(Continued) cada oficio: é que vuestras Altezas tomen y e@scojan uno, el que mas fuere su servicio, 6 asf seran mejor regidas lgs tierras que nuestro Sefior le dejard’ fallar é ganar 4 servicio de vuestras Altezas (Capitu- laciones entre los Sefiores Reyes Catélicos y Cristébal Colon, April 17, 1492, Sante Fe de Granada, quoted in Martin Ferndndez de Navarrete, Coleccién dé los viajes descubrimientos que hicieron por mar los espafloles aesde fines Gel stele XVe ce Madetd, 1828s, TTS 2, 11, 7-9) See also John Boyd Thatcher, Christopher Columbus, (New York & London, 1903), I, 437-451. 6. E para que podades: usar 6 ejercen el dicho oficio de Almirantazgo, con e1 dicho oficio de Visorey, € Goberna- dor de las dichas Islas, é Tierrafirme, que asf discub- rigredes e gandredes por vos é por vuestros Iugares-teni- entes, 6 oir é librar todos los pleitos, 6 causas civiles é criminales tocantes al dicho oficio de Almirantazgo, 6 Visorey, 6 Governador, segun falldredes por derecho, 6 se- gun lo acostumbran usar y ejercer los Almirantes de nues- tros Reinos; 6 podades punir e castigar los delincuentes; é usedes de los dichos oficios de Almirantazgo, é Visorey, é Governador, vos é los dichos ,vuestros Lugartenientes en todo lo 4 los dichos oficios, é cada uno dellos anejo é concernientes é que hayades ¢ llevedes los derechos ane jos é pertenecientes, segun 6 como los lleven 6 acostumbran llevar el nuestro Almirante mayor en el Almtrantazgo de los nuestros Reinos de Castilla mandamos al Principe D. Juan ... 6 4 los del nuestro Consejo, 6 Oidores de la nuestra Audiencia, Alcaldes é otras Justicias cualesquier de la nuestra Casa, € ... A todos los Concejos, Asistente, Corregidores, Alealdes, Alguaciles, Merinog, Veinticuatros, Caballeros, Jurados, EScuderos, Ofictales é Homes - Buenos de todas las ciudades, é Villas, 6 lugares de los nuestros Reinos 6 Seforios é de los que vos conquistarédes 6 gan redes... vos hayan 6 tengan, dende en adelante para en to- da vuestra vida, 6 despues de vos 4 vuestro hijo 6 sub- cesor, 6 de subcesor en sudcesor para siempre jamas, por nuestro Almirante de la dicha mar Océana, 6 por Visorey, é Gobernador en las dichos Islas 6 Tierra-firme... Titulo Expedido por los Reyes Catélicos 4 Cristobal Colon de Al- mirante, Visorey y Governador de las Islas y Tierra-firme que descubriere, Sante Fe de Granada, April 30, 1492, in Navarrete, op. Cit., pp. 9-11.- 28 - was authorized to issue edicts in the name of the Spanish rulers. Among other concessions, he might establish arcustcm- pouse2 for the storing of merchandise from Spain.? Before leaving on his second voyage, Columbus suggested that municipal governments be established in the Indies, based on those of the Castilian towns. On this and subse- quent voyages, he was accompanied by royal officials chosen by Juan de Fonseca, an influential member of the council of Castile. But, in spite of their presence, the governmental authority on the islands remained for a number of years al- most entirely in his control. The policy of the Crown was, thus, a liberal one. While Queen Isabella proclaimed her sovereignty over the newly-discovered islands and counted upon a large share of the profits of the expedition, she en- trusted Columbus with the task of ruling.® As experience soon showed, this was not a wise choice. Disturbed conditions on the islands made it imperative for the Crown to effect a reform in their administration. The first settlement at Navidad, founded by Columbus on the island Espafiola in 1492, had disappeared. The second settle- 7 C. H, Cunningham, The Audiencia in the Spanish Colonies as iitustrated by ths sudloncis oF Nanlia~ 1808-1800. (Berkeley, Ca +> 1919), pp. 9-10. Ricardo Levene, Introduccién a la historia del derecho indiano, p. 72. 8. Columbus was required to put up one-eighth of the costs of the enterprise, but could recoup himself by collecting one-eighth of the economic products obtained from the re- gions discovered (Charles de Lannoy et Herman Vander Lin- den, Histoire de ltexpansion coloniele des peuples eure- éens, Portugal et Espagne, ebruxelles et Paris, 1907s, De 2797