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TA M A R H E R Z O G
Dening Nations
IMMIGRANTS AND CITIZENS
I N E A R LY M O D E R N S P A I N
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10 9 8 7 6 5 4 3 2 1
Contents
Acknowledgments vii
1. Introduction 1
2. Vecindad: Citizenship in Local Communities 17
3. Vecindad: From Castile to Spanish America 43
4. Naturaleza: The Community of the Kingdom 64
5. Naturaleza: From Castile to Spanish America 94
6. The Other: Conversos, Gypsies, Foreign Catholics,
and Foreign Vassals 119
7. The Crisis of an Empire 141
8. Was Spain Exceptional? 164
9. Conclusions and Afterthoughts 201
Abbreviations 209
Notes 211
Glossary 271
Bibliography 275
Index 323
Acknowledgments
I would like to thank David Nirenberg, Juan Pro Ruz, Tom Cummins,
Mireille Peytavin, Piero Ventura, John Brewer, Cornell Fleischer, Julius Kirsh-
ner, Steve Pincus, Claudio Lomnitz, Jan Goldstein, Richard Kagan, Jeremy
Adelman, Jim Amelang, and Antonio Manuel Hespanha, each of whom dis-
cussed aspects of this manuscript with me and gave me wise suggestions. S. N.
Eisenstadt, Luis Roniger, and Mario Sznajder asked good questions. The
anonymous readers of the press carefully read the manuscript and advised me
what to change and how. I also thank Jorge and Anahi Myers, Jos Carlos
Chiaramonte, Marta Valencia, Orense Carlos Cansanello, Guillermo Ban-
zato, Luciano Andrenacci, and the staff at the Archivo General de la Nacin,
most particularly Liliana Crespi, Gabriel Taruselli, and Fabin Alonso, who
made my stay in Argentina possible, interesting, and agreeable; Jos Frank
Ragas Rojas, who assisted me in the Archivo General de la Nacin in Lima,
and Carole Leal Curiel, who helped in Caracas; Jos Manuel Prez Prendes,
Magdalena Rodrguez Gil, and Clara Alvarez Alonso, who did the same in
Madrid; Mara Ins Carzolio, Orense Carlos Cansanello, Marcela Ternavasio,
and Mara Elena Martnez, who allowed me to read and cite their unpublished
papers; Federica Morelli, Gabriela Gmez Crcamo, and David Nirenberg,
who called my attention to different sources and citations; Mara Gmez
Garrido, Susan Allan, and Eliza Childs, who edited parts of the manuscript;
viii Acknowledgments
Byron Hamann, who prepared the index; Laura Lobera Argelles, who of-
fered me her house and plotted a visit to Minorca; and Yuval Erlich, for being
there.
Born in Lima, this book rst took shape as a research project at the Institute
for Advanced Study at Princeton. It matured at the University of Chicago and
saw completion at the European University Institute in Florence, Italy. Its
different parts were discussed in the meetings of the Society of Spanish and
Portuguese Historical Studies, the American Historical Association, the
Forum on European Expansion and Global Exchange, and the Association of
European Latin American Historians, and in the seminars of Juan Carlos I of
Spain Center at New York University, Johns Hopkins University, the Interna-
tional House of the University of MichiganAnn Arbor, the Center for Early
Modern History of the University of MinnesotaTwin Cities Campus, the
University of Kansas at Lawrence, the University of ToulouseLe Mirail, the
Autonomous University of Madrid, the Max Weber College in Erfurt, Ger-
many, and the Truman Research Institute of the Hebrew University, Israel. I
would like to thank the faculty, students, and staff of these institutions for
their support and encouragement. I would also like to thank the Yad Hanadiv
Foundation and the Social Sciences division of the University of Chicago for
supplying the funds necessary to conduct the archival research.
This book is dedicated to the memory of Francisco Toms y Valiente and
Luis Castro Leiva, professors and friends, and to that of Jorge Daz Gimnez,
whose love for Spain and the Hispanic world accompanies me despite his
absence.
1
Introduction
1
2 Introduction
distinction between good and bad immigrants was also applied to people
of different ethnicities, races, religions, or vassalage. It justied the rejection of
converso Jews, the persecution of the Gypsies, the exclusion of individuals of
African descent, and on the contrary, the welcoming to Spain of foreign vas-
sals and foreign Catholics. Distinguishing good from bad immigrants involved
dening good and bad and determining who had the authority to decide these
issues. It was in this realm, of believing or not the good intentions of migrants
and making their integration easier or harder, that most debates took place.
In order to illuminate these questions, I trace the evolution of vecindad and
naturaleza as categories of belonging in early modern Castile, Spain, and
Spanish America mainly during the seventeenth and eighteenth centuries. I
identify the relation between these categories, the theories explaining them,
and the communities created as a result of these distinctions. I argue that the
classication of people as good or bad was a byproduct of the need to decide
who could enjoy rights and who could be forced to comply with duties. This
was the crucial issue. The decision constituted people as bearers of rights at the
same time it dened them as members of a community. In a period that pre-
dates the elaboration of formal denitions of nationals and citizens (categories
that generally arise at the end of the eighteenth century or the nineteenth
century), belonging to these communities and enjoying these rights constituted
the main mechanism by which citizens and Spaniards were distinguished from
foreigners.
These claims differ from those supported by most contemporary scholar-
ship. Historians who studied early modern communities in the past consis-
tently engaged in debates that were largely modeled according to present-day
perceptions. Anderson, Hobsbawm, and Greenfeld afrmed the legal and po-
litically constructed or even imagined character of nations; Armstrong, An-
thony Smith, and Hastings argued instead that nations were naturally created
as a result of linguistic or ethnic commonalties. For the rst, nations were a
modern phenomenon, a byproduct of the emergence of modern states and
modern means of communication; for the second, they existed in the Middle
Ages and they preceded and were independent of the state. The conceptual
difference between constructed communities and natural communities
was also helpful to other historians who instituted a distinction between pa-
triotism and nationalism. Godechot, Brading, and Viroli classied patriotism
as a natural identity, emerging among people who knew one another and who
lived within the boundaries of small communities. They identied national-
ism, on the contrary, with a larger social and geographical unit where collec-
tive identities were indeed willfully invented. Whereas patriotism was a prod-
uct of the past, nationalism was a modern invention. The rst was based on
community (gemeinschaft), the second on association (gesellschaft).
Introduction 3
Since most people living in early modern Europe felt attached to a local com-
munity, an abstract national identity could emerge only when this local
attachment disappeared, indeed, once the modern state came into being. In
spite of recent criticism by such scholars as Peter Sahlins and Jos Mara
Portillo Valds, this analysis still presents both nation and state formation as
antagonistic processes. They confronted an expansionist and articial state
with natural and older peripheral bodies who resisted the penetration of the
state. After their defeat, older and natural communities were replaced by a
sense of belonging to a wider, unied, articial, national society.
The literature on the development of early modern categories of belonging
largely supports this narrative linking state and nation and afrming that both
were contemporaneous and both emerged as a result of confrontation between
state organs and local communities. Historians of Europe afrm that during the
early modern period the distinction between being of one country or the other
depended on subjection to a sovereign power. Although horizontal ties, inte-
gration, and acceptance were important in determining the way individuals
were actually treated, all treatment that differed from formal legal categories
based on subjection was interpreted as a simple proof for the dissociation
between law and its application and between legal and social categories.
Whereas the community of subjects was constructed through vertical ties,
horizontal ties dened a citizenship regime in local communities. This regime
had no direct bearing on the construction of either state or nation. Local
citizenship existed only in a few privileged municipalities and included only a
minority of men. By the eighteenth century, local status was indicated by
largely honorary titles that were often associated with duties (to be avoided)
rather than with rights (to be obtained). In some cases, such as Spain, local
citizenship was a widespread status, yet it bore no relationship to the classica-
tion of people as Spaniards or foreigners. In short, in early modern Europe two
community levels coincided: the local community and the community of sub-
jects. According to most research, each of these communities operated on a
different level and had its own implications as well as criteria. Because the local
experience was either irrelevant or unt for the construction of states and
nations, modern citizenship could be viewed (and reconstructed) only through
the lens of antiquity. For precisely the same reason, even historians who did
look at the relation between local communities and central authorities could
pursue their research with little attention to the ways participation in local
communities dened membership in the larger units that eventually became
states or nations. And, although the state was often perceived as a city (re-
public), this did not imply that actual practices in local communities were
applied to the realm of the state.
I believe that the insistence on distinct community levels and the focus on
4 Introduction
subjection result from the way historians have reconstructed the past. Most
research has centered either on local communities or on national structures,
either on law and doctrine or on social practices. The assumption was that
early modern communities were fundamentally similar to our own. Historians
studied communities with the aim of afrming that they were national or not,
articial or not, state generated or not. This method reduced communities to
legal denitions, which depended on a dichotomy between a law of birth (that
ascribed individuals to a community by virtue of birth in a given territory) and
descent (that classied individuals in accordance to their genealogy). People
participating in the debates about the natural or constructed nature of nations
viewed communities as ensembles whose membership could be reconstructed
and dened conclusively. They gathered that the identication of people as
insiders or outsiders was stable rather than contingent, and they assumed the
transhistorical nature of identity politics. They also supposed that answering
the question of who was a member of the community and who was not was
important to contemporaries a priori and irrespective of conjuncture and cir-
cumstances, and that individuals and local and state authorities invested time
and energy in the identication of people and in establishing their rights.
If we consider that early modern communities were profoundly different
from our own, then answering the questions currently asked by historians,
and engaging in the above-mentioned debates, is both impossible and unnec-
essary. Instead of asking when the current structures emerged, we need to ask
what kinds of communities existed in the past, how people belonging to them
perceived their participation in them, and how they argued in favor of exclud-
ing or including others. This task is especially important given the nature of
the primary sources at our disposal. Most historians considered letters of
citizenship and naturalization as the only method by which individuals could
obtain classication as insiders or outsiders. Yet, unlike today, early modern
categories of belonging were not embodied in legal denitions or in acts of
authority. Instead they were generated by the ability to use rights or to be
forced to comply with duties. The question was never who was a Spaniard,
who was a Frenchman, or who was a citizen of a local community. At stake
was always the question of who could enjoy a specic right or be obliged to
perform a certain duty. Under such a system, the use of rights of citizens and
natives implied the claim that one was a citizen or a native, and the silence of
those allowing it (both the authorities and other individuals) implied consent.
This meant that most people acted as citizens and as natives and were allowed
to do so without their status ever being questioned or afrmed. Indeed, by
enacting the role of citizen or native they created a public image that they were
citizens or natives, and this image in turn allowed them to become citizens or
Introduction 5
natives. The ability to act as citizens or natives and thus become citizens or
natives without any formal declarations explains why citizen lists in European
cities were short in comparison to the actual number of people who identied
or acted as citizens. It also explains how the majority of natives were in fact
natives without formal declarations or the elaboration of lists. Indeed, under
such a system, the issuing of formal declarations of citizenship or nativeness,
such as those embodied in letters of citizenship and letters of naturalization,
was the exception and not the rule. Formal declarations were issued only in a
small minority of cases, in which a conict either occurred or was imminent,
or in which the authorities wished to grant status to people whose circum-
stances did not allow them to make a legitimate claim to membership. In these
cases, the authorities used the letters as both instruments and proofs of their
sovereignty. The letters enabled the municipal authorities or the king to dis-
regard normal procedures and to intervene by constituting as citizens or na-
tives people who were not, or by aiding others whose status was questioned. It
should therefore not surprise us that, as historians have afrmed, most letters
of naturalization were granted to wealthy people who were interested in ob-
taining a certain right. Far from being the only foreigners acting, or wishing to
act, as natives, as other scholars have assumed, wealthy people simply tended
to encounter opposition where other people did not. They therefore invested
the effort and resources needed to secure an ofcial recognition that other
foreigners found unnecessary. And, since the question of who was worthy of
which treatment could be pursued in certain moments and abandoned in
others, and since it could become meaningful under certain circumstances, or
be completely irrelevant in others, the status of certain people could be consen-
sual at one moment and questioned at others. This is why people who had
lived in a community for twenty, thirty, or even forty years without their status
being an issue suddenly had to prove they were citizens or natives.
Since the documents at our disposal describe the exceptions, not the rule, in
each case we must ask ourselves why status was questioned and what agents
and interests were involved. Yet, rst and foremost, we must ask what hap-
pened in other cases, indeed, in most cases, where consensus reigned. Moving
beyond existing documentation will, as a rule, enable us to avoid overempha-
sizing the importance of formal procedures and state structures and to discover
the power of implicit social categorizations and ongoing social negotiations in
the creation and denition of early modern communities. This move will dem-
onstrate that, rather than a status leading to entitlement to rights, as would be
the case with citizenship and even nationhood today, belonging to a local
community or the community of the kingdom in the early modern period was a
process. As Margaret Sommers has noted, this process was contingent upon
6 Introduction
In this book I look at these questions by analyzing the case of Spain and
Spanish America and trace the evolution of two categories of rights: vecindad
(which denoted the rights of citizens) and naturaleza (which captured the
relationship people had with the community of the kingdom). Vecindad was a
term that originated in Castile in the eleventh and twelfth centuries during the
reconquest and resettlement period. It initially designated the privileges and
duties of individuals who were willing to abandon their communities of origin
and come to settle in lands recovered from the Muslims and now under Chris-
tian control. By the seventeenth and eighteenth centuries, the vecindad status
lost its immediate relation to immigration on one hand, and to a factual
situation of residence on the other. Instead, it came to imply a wide range of
scal, economic, political, social, and symbolic benets in return for the fulll-
ment of certain duties. These rights and duties varied from one community to
the next and changed over time. In most communities vecinos could use the
communal property, especially communal pastureland. In small communities,
they participated in managing local affairs through their membership in the
local council (concejo). In large communities, only individuals who purchased
their ofce, or responded to special criteria of honor or seniority, partici-
pated in the local council. Vecinos, however, could still inuence local politics
by electing their representatives to the council, by being elected to certain
ofces, or by participating in public meetings (concejo abierto). In some cases,
vecinos also enjoyed special commercial privileges, such as lower tariffs or the
right to introduce certain products into the local markets. Among the duties of
vecinos was the obligation to submit to the local authorities. Vecinos had to
pay their fair share of the taxes levied on the community as a whole (most
taxes) and contribute to other public expenses, such as hiring a professional
surgeon or subsidizing public works. They were expected to join the local
militia and reside in the community.
Introduction 7
eign competitors received better treatment in Spain. They enjoyed the pro-
tection of their national laws and consuls and could produce, buy, or sell
goods without being members of a guild. Most important, they did not have to
pay royal or local taxes.
As happened in the case of vecindad, most historians have assumed that
nativeness had a clear legal denition. They reproduced the few legal enact-
ments that mentioned nativeness, without taking into account the fact that
they all referred to specic situations and specic rights or duties. They dis-
regarded all contemporary mention of rules absent in the legislation and re-
fused to take seriously a discourse emphasizing the importance of love among
community members. They also considered all failures to observe the require-
ments enumerated in the laws as cases of corrupt and illegal practices. Al-
though historians argued that nativeness was a condition denoting integration
in a political community, one that in contemporary terms would embody the
idea of nationality, they maintained that it operated separately in each Span-
ish kingdom. Historically, there were natives of Castile, natives of Aragon,
natives of Catalonia, but never natives of Spain. During the early modern
period, they concluded, Spain was meaningful only as a religious creed and
as a community of descent.
When the evidence is studied it becomes apparent that the few cases pre-
sented by historians are more the exception than the rule. It becomes clear that
contemporaries considered legal enactments and formal declarations as exam-
ples. Rather than a fragmentary regime suggested by the various legislative
pieces, or a regime totally dependent on the king as letters of naturalization
indicated, nativeness had a logic of its own. This logic determined that people
who were integrated in the community and were willing to comply with its
duties were indeed natives, independent of their place of birth or descent and
independent of formal declarations.
Despite their different genealogy and origin, and despite representing dif-
ferent interests and apparently different community levels, in the early mod-
ern period vecindad and naturaleza came to be associated with one another. In
the seventeenth and eighteenth centuries, vecindad, which originally dened
only local immigration policies, inuenced nativeness, which designated a
relation to the kingdom. During this period vecindad was instituted as a mech-
anism of naturalization, allowing foreigners to become natives and inducing
the classication of natives who lost their vecindad as foreigners. It was
through their relation to a local community that people took their places in
the kingdom, and it was the lack of such a connection that made them for-
eigners. Although religion was important, and Catholicism was indeed a
precondition for achieving recognition as citizen or native, religion was not
10 Introduction
sufcient on its own. Vassalage, on the contrary, was the result of, and not a
condition for naturalization.
Spain, therefore, was not dened solely by reference to religion, vassalage,
or even descent as historians have argued in the past. Rather than constituting
a nation, naturaleza constituted a community that dened who could enjoy
the rights of Spaniards. This denition depended on implied categorizations
and norms, and it varied according to the interests of individual agents or
groups and the specic circumstances of time and place. Reconstructing the
boundaries of the community by examining who was allowed to use which
rights enables us to step aside from most afrmations concerning the nature of
both state and nation in early modern Spain and Spanish America. In Spain,
these afrmations confront a rst group of historians who argue that during
the early modern period Spain was only a geographical idea or a political
project, and a second group who believes that Spain had always existed.
According to the rst, until the eighteenth century, and possibly even later, the
only bond among the different Spanish kingdoms and communities, which
were politically, culturally, legally, and linguistically differentiated, was a com-
mon allegiance to the monarch and the Catholic church. According to the
second, inherent and natural ties connected Spaniards to one another from as
early as the fth century. In twentieth-century Spain, these visions led to
debates between regional nationalists, who afrmed the existence of separate
nations in each of the Iberian kingdoms, and Spanish nationalists, who denied
it. It allowed claiming that local communities and the state were antagonists,
and that only when local allegiances were suppressed could a national identity
come into being. The importance of integration as a mechanism by which
people could become worthy of rights and communities could be dened also
led to a well-known controversy between Amrico Castro and Claudio Sn-
chez Albornoz. The former attested that Spaniards forged themselves histor-
ically by mixing with other cultures and races, and the latter insisted that a
Spain existed since the early Middle Ages and that it had constantly fought
against all external inuences, including but not limited to the presence of
Jewish and Moorish populations. In the Spanish American case, claims were
made for the existence of a national discourse during the colonial period, or
on the contrary, for the construction of nations only after independence. It was
generally assumed that people were classied according to their place of birth
and not according to their activities or wishes.
If vecindad and naturaleza operated on a daily level in social settings where
the ability of individuals to use rights could be consensual or not, afrmed or
denied by a multiplicity of agents, some of whom were ofcial, and some not,
how can one speak of an invented or a natural community? How can local
Introduction 11
to the documents I had studied in Spain and realized how important and how
pervasive naturalization by integration was. I suddenly discovered it in the
legislation and in court cases. I suddenly understood that debates in the
Spanish parliament (cortes) dealt only with one type of naturalization (by
royal letter), but not another (by integration). Without comparative cases,
such insight would not have been possible. Comparison was also the motiva-
tion behind looking at the Iberian world on both sides of the Atlantic. Rather
than wanting to explain New World orders, I perceived Spain and Spanish
America as a single space, and I attempted to understand developments in
both by constantly looking at one side and the other. Although I learned that
Castilian practices changed in the New World, I often discovered that these
changes illuminated what was happening in Spain as much as they told about
the conditions in Spanish America.
Another way to reconstruct the rule by using the exceptions was to consult a
wide array of sourceslegislation, legal and political literature, administrative
records, administrative correspondence, and political debates, especially those
taking place in the parliament (cortes) and among cities with voting rights in
parliament. I studied some 3,500 cases in which the classication of people as
citizens or natives became necessary, including formal petitions for citizenship
or nativeness and instances where the status of individuals was called into
question when they sought to do something that was restricted to citizens or
natives. These sources proceed from municipal records and from the archives of
merchant guilds and other economic bodies, such as the juntas of agriculture
and commerce. They are included in the documentation generated by the
Council of the Indies, the Council of Castile, and the Council of State, the
House of Trade (Casa de Contratacin), and the local American authorities. I
also considered a wide array of other materials, such as lists of citizens, tax-
payers, and militiamen and letters of citizenship and naturalization.
Throughout this book, I translate vecindad as citizenship. In doing so I
follow the path already taken by other historians. This translation does not
imply that vecindad was identical to present-day citizenship. Within the scope
of Old Regime societies, however, vecindad was certainly similar to other
contemporary institutions that described the relationship between individuals
and local communities, such as citizenship in Italian city-states. Translating
vecindad as citizenship is also authorized by the fact that the Spanish term
currently indicating citizens (ciudadano) was completely absent in early mod-
ern legal and administrative records. In contemporary political literature,
this term was either used as a synonym for subject, or it was modeled
according to classical authors. In the rst case, it designated a relationship
with the monarch, one that in legal, administrative, and social settings corre-
Introduction 15
sponded to the term vasallo (vassal). In the second case, it designated the
perfect citizen who lived in a city and who had certain moral and behavioral
traits that were considered essential for the well running of a perfect repub-
lic. On both accounts, ciudadano fails to describe citizenship as practiced in
early modern Castile; vecindad, on the contrary, does so perfectly.
In this book I write about Castile, Spain, and Spanish America. By Castile
I mean the crown of Castile. I use this term mainly to study the local commu-
nities included in the jurisdiction of this crown or to examine the evolution of
nativeness (naturaleza) before the early eighteenth century. Spain designates
the collectivity of the Spanish kingdoms as dened in Spanish America in the
late sixteenth century (natives of the kingdoms of Spain) and as created in
the Iberian peninsula in the beginning of the eighteenth century. By Spanish
America I refer mainly to the Spanish territories in the Southern Hemisphere.
Wishing to circumscribe the object of my inquiry, I decline to explore the
specic ways by which the Spanish community interacted with the Indian one.
This interaction, I believe, is well covered in contemporary research, as well as
in different studies centered on the formation of purity of blood (limpieza de
sangre) and mestizos categories in Spanish America. Instead, I center my atten-
tion on the processes by which Spaniards distinguished themselves from one
another and from other Europeans, and the ways they justied giving member-
ship privileges to certain people. For lack of space and because of the highly
casuistic nature of the privileges attached to citizenship and nativeness, I de-
cline to analyze their material ramication in each individual case. Instead, I
study debates about the ability to enjoy privileges not in order to evaluate
these privileges, but in order to examine processes of identication. For the
same reason, I use no quantitative analysis, nor do I necessarily mention the
specic results obtained in each case. My goal is not to determine how fre-
quently this or that opinion was pronounced or who was successful in his
claims. Instead, I look at the ways communities were described in social pro-
cesses of inclusion and exclusion.
Although centered on early modern Spain and Spanish America, this book
calls into question our understanding of other early modern communities.
There are many indications in the literature on Italy, France, and England that
status was just as ambiguous and contingent in these countries as well; that on
most occasions status was neither requested nor acknowledged but was in-
stead a byproduct of the enjoyment of rights; that a direct relation existed
between membership in a local community and in the kingdom. It was also
clearly the case that in all three countries formal rules were modied by so-
cial practices. The rules themselves were highly complex, and they included
both local and royal laws as well as a great diversity of other norms, such as
16 Introduction
natural law, common law, or Roman law, which seriously modied the
nature and extent of rights, and thus of status. Indeed, a preliminary review of
the existing literature on Italy, England, and France (chapter 8) suggested that
Spain was exceptional. A closer reading indicates that it was not. The need to
redene the object of study, the questions asked, and the methodology used is
thus as pertinent to other cases as it is to Spain and Spanish America. Further
research needs to be done if we wish to fully understand the way early modern
European communities were formed over time. This understanding will clarify
the relation between local communities, citizenship, state, and nation. Observ-
ing the intersection between state and nation and between social practices and
legal enactments in this way, we can provide an alternative vision of European
history, one that explores the (neglected) connection between horizontal and
vertical social ties and that looks at the construction of communities from
both below and above.
2
17
18 Vecindad: Local Communities
legal standards between one community and the other was substantial, and a
variety of local laws existed, each replicating the conditions under which the
specic community was created. With the consolidation of royal authority and
the introduction of ius commune (revived Roman law) in the kingdom, mostly
from the late fourteenth century onward, many communities began dening
the ways citizenship could be achieved and the conditions for its achievement.
In most cases, they presented citizenship as a legal tie that could have external
manifestations, such as residence, but contrary to the reconquest period, it no
longer depended on them. Instead, citizenship was formulated as a contract in
which the newcomer agreed to certain obligations (mainly to reside in the
community and to pay taxes) in return for receiving certain benets (usually
access to communal lands and ofce holding). By the sixteenth century, this
citizenship regime extended to all Castilian communities. Whether under
royal or seigniorial jurisdiction, whether rural or urban, the people of all three
estates were divided between citizens (vecino) and noncitizens (residentes or
forasteros). Citizens enjoyed a wide array of privileges and were obliged to
comply with many duties from which noncitizens were excluded. Principal
among their rights was the privilege of using communal property and, in most
communities, of voting and being elected to ofce. Principal among their
duties was the obligation to reside in the community, pay taxes and other
public expenses, and serve in the local militia.
Local citizenship in Castile is well documented for the medieval period, and
dozens of studies describe the ways it was obtained or lost, as well as the rights
and duties attached to it. Covering the thirteenth to the fteenth centuries,
these studies tend to focus on a specic community and argue that citizenship
was highly localized in scope and differed dramatically from one place to
another. Each community dened citizenship differently, through its local laws
and constitutions ( fueros), and attributed citizens with different sets of rights
and obligations.
Although studies of medieval citizenship are numerous, hardly any research
had been done on early modern Castilian citizenship. This is surprising given
that many scholars refer to Castilians as vecinos and habitually afrm the
importance of local communities to the governing of Spain, on one hand, and to
the generation of collective identities, on the other. In general, it is assumed
either that medieval practices, which were highly fragmented and locally based,
continued into the early modern period or that during the early modern period
citizenship became a exible regime, with no particular or clear guidelines.
The idea that early modern Castilian citizenship continued to be a highly
fragmented and locally based practice is due to the fact that Castilian local
laws and constitutions ( fueros) enumerate the conditions required to exercise
Vecindad: Local Communities 19
the rights attached to citizenship, yet these conditions differ for each commu-
nity, time, and the type of privilege or duty involved. The ordinances of Avila
(1487), for example, determine that in order to use the communal pasture, one
had to be a citizen, and that citizens are dened as individuals who live in the
community continuously or the largest part of the year, own a house, and pay
taxes. According to the ordinances of Jan (1573), citizens are individuals
who reside in the city with their family or who establish domicile in the juris-
diction. Citizens who wish to use the communal pasture have to request for-
mal admission into the community by petitioning the local council to recog-
nize them as citizens and by promising to reside in Jan for the next ten years.
In Archidona (1598), no one would be considered a citizen . . . without rst
being received by the council, guaranteeing his compliance with citizenships
duties, and buying a house and a vineyard within a year of his reception to the
community. Citizens of Archidona must also bring their families to the juris-
diction and live there for at least four continuous years.
If local laws and constitutions indicate the highly fragmented nature of
citizenship, laws pertaining to the kingdom as a wholesuch as the Siete
Partidas, Fuero Viejo, Fuero Real, the Recopilacin, and the Novsima Recop-
ilacinhardly make any mention of citizenship, let alone dene it. Although
they afrm the liberty of all vassals to change their place of residence and
become citizens of new communities, these laws fail to explain the mechanism
allowing this change. They simply state that any person who lives and re-
sides in any city, town or village of our kingdoms . . . that wishes to live in
another . . . can do so and become a citizen of a new community, and they
stress that prohibiting such a movement would be against justice and reason
and against their liberty, which is notorious to all.
This lack of explanation and the specicities of local legislation has led some
historians to the conclusion that during the early modern period no Castilian-
wide citizenship existed. This conclusion was further encouraged by the lack
of reference to citizenship in the legal literature. This literature describes some
of the rights and privileges of citizens, yet it fails to dene who the citizens are
and how citizenship can be obtained. Castilian political literature is also
silent on issues of citizenship. Alonso de Castrillo, Diego de Guerra, and
Sebastin de Covarrubias address the ciudadano rather than the vecino. They
describe only the urban citizen, who symbolizes both virtue and order, and use
him to portray the perfect republic rather than the existing one. Juan de
Mariana and Martn Gonzlez de Cellorigo see the kingdom as a community
of people subject to a king and so portray the ciudadano as a vassal rather than
as a citizen. In both cases, early modern political literature fails to illuminate
citizenship (vecindad) as practiced in Castilian local communities.
20 Vecindad: Local Communities
Citizenship in Seville
According to documents stored in Sevilles municipal archives, people
who wanted to become citizens of the city had to petition the local council. In
the seventeenth century and until the 1710s, those born in the city presented
Vecindad: Local Communities 21
their baptismal record and an afdavit stating that they intended to remain in
the jurisdiction. Newcomers had to prove, also by afdavit, that they had
resided in the city for at least ten years as heads of households. During this
period, it was explicitly asserted that the afdavit was sufcient: candidates
did not have to present any other form of proof, and witnesses were heard only
in cases of doubt. A standing committee (caballeros diputados de vecindades)
studied the petitions and advised the city council on how to proceed. In some
cases, third partiesfor example, the guild to which the candidate belonged
or would join if admittedalso expressed their views regarding the candi-
dates acceptability to the community.
After 1710, gradual changes were introduced in this regime. Codied in
1743, these changes required that all candidates present proof of their resi-
dence in the city and their condition as heads of households. Possible proofs
included the testimony of a parish priest or the submission of original receipts
for rental fees. After these documents were collected, the candidates presented
witnesses. These witnesses, usually friends and neighbors, would testify that
the petitioner had expressed in words and acts his desire to remain in Seville
permanently. Parallel procedures were instituted for newcomers married to
local women. These newcomers had to present marriage certicates and orally
identify their place of residence, and they had to promise to remain perma-
nently in the community. In these cases, and those of other newcomers, once
the les were completed the representative of municipal interests ( procurador)
advised the council how to proceed. If and when citizenship was granted,
newcomers took an oath that they would maintain residence in the city, back-
ing it by a security deposit called anza de guardar vecindad. Also according
to the 1743 ruling, those born in Seville could continue to request citizenship
in the old way, by submitting only a petition and an afdavit. Native-born
petitioners were not required to take an oath or to secure nancially their
continued residence in the community.
Further modications in the citizenship acquisition procedures occurred in
the 1770s. During this period authorities in Seville expressed their concern re-
garding the presence in the city of a great number of wealthy inhabitants, many
of them foreign merchants who, despite their prolonged residence, had never
requested citizenship. Their lack of commitment to the community had impor-
tant consequences. As noncitizens, they paid no local taxes. In a system where
taxes were levied on the community as a whole but were distributed among
and paid only by those recognized as citizens, individuals classied as citizens
had to carry an unfair tax burden. Citizenship, the municipal authorities now
claimed, was both a privilege and a duty. An interested party could request it,
but the authorities could also impose it on people who did not wish to claim it.
22 Vecindad: Local Communities
and the 1770s. Because these were also the periods during which citizenship
practices were modied, it is possible to argue that a link existed between
socioeconomic circumstances, immigration policies, and municipal regulation
of citizenship. As long as Seville served as the main port of communication with
Spanish America, the local authorities allowed immigrants to become citizens
simply by petitioning and by personally ensuring that they had resided in the
city for more than ten years. As Sevilles special privileges faded, and the ght to
preserve them failed (1710s1740s), the authorities adopted a more restricted
vision of citizenship. The easy integration of newcomers was no longer encour-
aged, and the authorities created obstacles to citizenship by demanding that
candidates present more proofs (such as witnesses and written receipts for rent
paid) and by requiring a longer administrative process. By the 1770s, with the
complete breakdown of the monopoly system and as the city plunged into
economic crisis, the main objective of the authorities was to ease economic
pressure by extending citizenship to all permanent, wealthy residents.
This analysis leaves many questions unanswered. For example, we dont
know why until the early eighteenth century ten-year residence could trans-
form inhabitants into citizens. Nor do we know why after 1743 candidates for
citizenship had to prove that they wished to remain in the community perma-
nently or how the municipality could force some inhabitants into citizenship
in the 1770s against their will. This forcing of citizenship was justied by
Sevilles authorities on the grounds that Castilian law clearly indicated who
should be considered a citizen. Persons who met the prerequisites for citizen-
ship could be considered citizens whether they requested this status or not. Yet
the Castilian law mentioned by Sevilles authorities is nowhere to be found. It
is not enumerated in Castilian legal codes, nor is it included in Castilian legal
and political literature.
The search for this missing law becomes especially important once we
establish that on many occasions Sevilles authorities accepted as citizens peo-
ple who did not comply with the normal requirements for citizenship. For
example, in 1735 Sevilles council granted citizenship to Antonio Joseph de
Saavedra, whose grandparents, once citizens of Seville, had left the city, and
who resided elsewhere. Was this decision a simple proof of illegal and cor-
rupt practices, a gap between law and its implementation? Antonio Joseph
testied that his family originated from Seville and that its individual members
continued to act as citizens of Seville. The members of the city council gave
credit to his allegations. They noted that Antonio Josephs parents and grand-
parents paid some local taxes and they agreed that their continuing engage-
ment with the community demonstrated that despite their absence from the
city they did not renounce their citizenship. What were they talking about?
24 Vecindad: Local Communities
The mixing of ius commune with local understanding, practices, and needs
produced an unwritten yet frequently invoked Castilian common law. This
law, which did not depend on legislation, nor was reproduced in it, was never-
theless cited by litigants in defense of their citizenship rights and by commu-
nities in their efforts to forcibly enroll citizens as well as in their refusal to
accept undeserving applicants. Jurists were aware of the fact that this law
originated in ius commune. Yet for most people citing it, this law depended
on natural law, rather than on man-made legal arrangements. It was common
to all humanity, it had been practiced since antiquity, and it was based on the
way God created this world (see chapter 8).
political unit, the (extended) family. This usually implied that they resided in
an independent residencewhether as proprietors or as renters,and that,
preferably, they were married and had children. Women and minors (under
age twenty-ve) were not eligible for citizenship. In the case of women, it was
generally understood that, as members of a household, they obtained some of
the benets of citizenship by way of dependence. They rst enjoyed the rights
attached to the citizenship status of their fathers and, upon marriage, they
attained some of the privileges attached to the citizenship status of their hus-
bands. This state changed only when women became independent heads of
households. In these cases, women gained a full legal capacity and, among
other things, could express a legally binding intention, such as the intention to
acquire citizenship. This reality was evident in the documents I consulted:
only women who were widows or solitary spinsters petitioned for citizenship.
The case of minors (persons under twenty-ve) was much more complex.
Unlike women, minors had no legal capacity at all and, as a result, their ability
to declare their intention to become citizens was legally impaired. Because
they were under the protection of legal guardians, it was questionable whether
minors could express an independent intention to become citizens. Neverthe-
less, the ability of minors to acquire citizenship was an extremely important
issue in cases where they owned cows, sheep, and the like and wished to use
the communal pasture. When the minors lived in the same community as their
guardians, and it was in this community that they owned property, the ques-
tion of their ability to use communal pastures was seldom raised because they
could exercise the privileges of citizenship (use of pastures) as members of a
citizens household. But when the guardian was not a citizen of the community
where the minor owned property, a decision was needed regarding the minors
ability to acquire an independent citizenship. Certain municipalities allowed
minors to obtain (or retain) citizenship despite the foreignness of their guard-
ians and even despite their physical absence from the jurisdiction, yet other
communities refused to do so.
community excluded all people who were not of the noble estate of hidalgo,
with letters and orders to prove it. Santiago could be acknowledged as
citizen only if he proved his quality as a nobleman.
Genealogy could also intervene in other cases. In 1758, the council of Tres-
paderne (jurisdiction of Burgos) refused to grant citizenship to Santiago Gar-
ca because of his familys employment in mechanical or vile occupation.
All other members of the community were pure of blood, and none of them
was ever employed in such low ofces. Admitting a person who did not re-
spond to these characteristics would endanger the collective well-being by
destroying the reputation of the community and introducing divisions among
its citizens. Thereafter, citizens would no longer be equal to one another and
would no longer be able to drink from the same cup. The council of Tres-
paderne also stressed that whereas people of different characteristics, status,
and estates could easily coexist in a big community, in a small settlement like
their own, such a practice would be disastrous.
single person not enjoy citizenship rights in two communities, nor be required
to comply with citizenship obligations twice. The notion that people could be
citizens of only one community at the time also justied the 1798 exclusion of
Manuel Rojo Martn y Nstor from the town meeting of Arensena de Abajo
(jurisdiction of La Rioja). Manuel was a citizen of Villarejo and as a true
and complete citizen of that other village, he could not also be a citizen
of Arensena.
Obtaining Citizenship
People seeking recognition as citizens had to petition the local council
and to supply the necessary proofs. Such was the case in Seville, but this
practice was also followed in many other contemporary communities in Cas-
tile in which the councilor the entire citizen body in cases of small commu-
nitiescould grant or refuse to grant citizenship to newcomers. But if com-
munities were forced to accept people who requested status as citizens, what
was the meaning of formal citizenship acquisition procedures?
In spite of the formal proceedings, it is clear that in Castile the role of local
councils and communities in the classication of citizens was limited. For
example, when the status of individuals was discussed as a by-product of their
wish to enjoy certain rights or their duty to obey certain obligations, it was
often apparent that the citizenship status of individuals who had no previous
ofcial recognition could be acknowledged. On these occasions, formal ad-
mission into the community was not at stake. In spite of the absence of a
formal declaration, these individuals were considered citizens and therefore
worthy of treatment as citizens, their citizenship coming into being even be-
fore the community and its organs intervened. The local judge told Agustn
Vzquez, who had resided with his family in Pozo Antiguo (jurisdiction of
Zamora) for nine years that, in his condition as noncitizen, he could no longer
use the communal pasture. In response, Agustn obtained from the provin-
cial judge (corregidor) a ruling that he had always been a citizen although he
had never obtained formal recognition. The authorities of Villarramiel (juris-
diction of Palencia) told Melchor Pardo in 1791 that he could not receive a
land plot because his citizenship was unclear. He appealed the decision to the
royal court (chancillera) and presented proofs that he was a true and legiti-
mate citizen. These proofs included his residence in an open house, and his
willingness to remain in the community and contribute to its nances. Mel-
chor specically stated that to be recognized as a citizen, there was no need for
a formal reception. Indeed, the community and its authorities did not confer
citizenship as much as recognize its existence. Although the authorities of
30 Vecindad: Local Communities
Villarramiel agreed that this might be the case in some communities, they
insisted that in their community only those formally acknowledged as citizens
could enjoy the rights of citizenship. Melchor, the authorities explained, knew
about this custom. The fact that he had not requested to be formally admitted
as citizen until the present demonstrated that he did not want to become a
citizen. The appellate court (chancillera) disagreed and declared Melchor a
citizen from the day he rst became worthy of this status.
The practice of a posteriori recognition demonstrated that other mecha-
nisms for acquiring citizenship existed parallel to the formal procedures.
These mechanisms constituted citizenship without the intervention of the au-
thorities. They allowed citizenship to come into being by persons enacting the
role of citizens, thereby proving themselves worthy of citizenship. This auto-
matic conversion of people from foreigners to citizens was the natural result of
a theory that determined that people became citizens by virtue of their inten-
tion, and their intention alone. Although this intention had to be veried and
embraced by the receiving community, in both theory and practice, the activity
of the community and its organs was limited to this verication.
Many petitioners explicitly stated this fact. They insisted that local councils
did not constitute them as citizens but only recognized that they were already
citizens. Indeed, citizenship acquisition procedures only declared what was
established beforehand. As Agustn Cordovilla Snchez, who defended his
right to use the communal pasture, put it: Even without the solemnity of an
expressed reception to the community, effectuated by the council, he should be
considered strictly as a citizen, because of his continuous residence and the
settled house that he owned.
This understanding of citizenship did not stop many Castilian communities
from maintaining formal procedures for citizenship acquisition. These com-
munities, for example, Cordobilla (jurisdiction of Salamanca), Villarramiel
(Palencia), Ojacastro (La Rioja), Jan, and Archidona, stated that, unless their
authorities issued formal declarations, no one should be allowed to enjoy the
rights of citizenship. But even in these cases communal recognition was a
political rather than a legal necessity. Formal reception allowed the commu-
nity to identify its citizen body, and it served to limit the discussion about the
correct classication of individuals.
The idea that citizenship was a status that was recognized, rather than
created, by local authorities allows us to understand how these authorities
were able to force people into citizenship. In the 1770s, the council of Seville
argued that the people it targeted, indeed, forced to act as citizens by paying
taxes, were citizens whether they had requested citizenship or not. Their cit-
izenship came into being by way of prescription and by the fact that they acted
Vecindad: Local Communities 31
as citizens. Since they were citizens, they were required to comply with citizen-
ship duties. Hence, despite municipal insistence on maintaining formal pro-
cedures for citizenship acquisition, even in Seville citizenship could be con-
stituted on its own without municipal intervention. It could be created by a
public perception that certain individuals behaved as citizens. Individuals who
were perceived as citizens of Seville had to clarify their wish to dissociate with
the community if they wanted to remain outsiders. Only such an open and
explicit clarication would counter the general rule according to which he
who acted as a citizen, or was reputed to be a citizen, was indeed a citizen. The
discussion in Seville in the 1770s pointed directly to this question: He who
lives in a settled house in these kingdoms must be considered citizen . . . he has
against him the presumption and it must be his duty to establish, by some facts
or cases, that he had been here with no intention to remain. Silence would
imply consent.
Loss of Status
The duality between a formal regime of citizenship by declaration and
an implied reception into the community by enacting the role of citizen was
paralleled by the ability to loseformally or implicitlythe status of citizen.
In some communities, such as Madrid, formal procedures existed allowing
citizens to terminate their relationship with the community by petitioning
their desavecindamiento (literally, the undoing of citizenship). Unless such
petitions were made, people continued to be citizens, independent of their
activities and wishes. Yet, in most communities, people could lose their status
as citizens if they transferred their residence to another jurisdiction where they
acted as citizens, or if they failed to comply with citizenship duties. No petition
or formal declaration was required in these case, and people who considered
themselves citizens could thus nd out one day that they were no longer
citizens. The authorities of San Miguel de la Ribera (jurisdiction of Zamora)
did not allow Baltazar Delgado to use the communal pasture in 1769 because
his citizenship had expired once he refused to comply with citizens obliga-
tions, the last straw being his unwillingness to serve as a local judge (alcalde
ordinario) the previous year. From the moment Baltazar failed to act as a
citizen, the authorities said, he demonstrated that he no longer felt a member
of the community and thus he was no longer a citizen. Manuel Rojo Martn y
Nstor was told in 1789 that the authorities of Arensena de Abajo (jurisdic-
tion of La Rioja) no longer considered him a citizen. To publicly demonstrate
that he was still a citizen, Manuel attended the council meeting, in which only
citizens were allowed to participate. Alas, the other members refused to admit
32 Vecindad: Local Communities
Verifying Intentions
Intention to become a citizen was thus sufcient to constitute citizen-
ship, and its absence was a cause to terminate the relationship between an
individual and a community. But who veried the existence of this intention
and when did verication take place? As mentioned earlier, the local authori-
ties veried citizenship when they exercised their power to declare formally
that certain individuals were citizens. Verication, however, could also be
implicit in the activities of these authorities. Their willingness to accept taxes
paid by certain individuals was considered an implicit recognition of citizen-
ship. Those allowed to act as citizensfor example, those who were em-
ployed in local ofces or used the communal pasturewere also tacitly ad-
mitted as citizens. In some cases, the identication between the exercise of
rights and the subsequent acquisition of citizenship was such that people con-
fused one with the other. In 1776, Vicente de Saura asked the authorities of
Valladolid whether his nomination as a rural judge (alcalde de la hermandad)
implied that he was accepted as a citizen or whether he was still required to
request formal admission to the community.
Status verication was not limited to the local authorities. Other members
of the community could also exercise it by implicitly recognizing people as
citizens when they tolerated their behavior as citizens. Once allowed to act
as citizens, people were reputed as citizens and were instituted as citizens.
These processes involved in acting as a citizen were social rather than legal or
political. They silently operated in day-to-day interactions. People could lead
their goats to the communal pasture, participate in local assemblies, and pay
taxes without asking for recognition as citizens or having to prove that they
were citizens. Their acceptance into the community and their transformation
into citizens were implicit. In the absence of conict or fear of conict, there
was no reason for things to happen differently.
Formal decisions were required only in exceptional cases when conicts
occurred. Conicts could be generated by the municipal wish to control immi-
gration. The authorities of Uruuela (jurisdiction of La Rioja) refused to recog-
Vecindad: Local Communities 33
nize Jorge Garca as a citizen in 1748 because the community was so small and
limited, that it was insufcient even to contain the existing citizens, their cattle
and elds. In 1770, Arisgotas (jurisdiction of Toledo) explained that Pedro
de los Infantes could not become a citizen because communal resources could
not support an additional member. Occasionally, councils paired restricted
local resources with the conviction that a specic newcomer would contribute
nothing to the community. This was the case in 1782 when Valverde de la Sierra
(jurisdiction of Len) refused to recognize Joseph Corvillos as a citizen. Joseph
was a poor man who had no interest in remaining in the jurisdiction where he
owned nothing. His presence in the community was burdensome to the com-
mon in this sterile land, that suffered annually from heavy snows because of its
narrowness and its high elevation, and in which during the four months of the
winter we often cannot leave our own houses. The matching of local circum-
stances with the specic characteristics of certain candidates also happened in
contrary cases: communities sometimes feared that newcomers would monop-
olize the use of communal property or that their citizenship would limit munici-
pal liberty. Such fears motivated attempts to exclude Agustn Vzquez from his
community of residence in 1784, judging that he was too wealthy and would
use too much pastureland. Jorge Garca was rejected for the same reason in
1748: he was much too afuent and had too many properties and animals.
Conicts concerning the citizenship of individuals could also be motivated
by other considerations. In 1684, the authorities of Villamayor de Campos
(jurisdiction of Zamora) refused to admit Pedro de Luaces Seijas to citizenship
on the grounds that his character was questionable and that he did not get along
with his neighbors. His occupation as a barber did not help his petition; the
community had already contracted the services of another barber, and it was
too small to employ both. In 1753, Estepar (jurisdiction of Burgos) refused to
admit Jos Quintanillas to citizenship, explaining that he was a litigious person
who acted proudly and pretended to dominate his fellow men. The local
council narrated how, during the time he resided in the community, he mal-
treated and often insulted the other members whom he considered simple
folk. Similar allegations were also made in 1784 against Agustn Vzquez and
his wife, who were accused of having bad tempers and a family that was far too
large to support within the connes of a small settlement.
Some cases give us a clear indication of the importance of personal ani-
mosities in the generation of conicts regarding the citizenship of individ-
uals. In 1678, Marcelo de Zancada explained that he failed to obtain recog-
nition as a citizen because of a debt two councilmen owed to his current
employee. According to Jernimo Francos, Aguilar de Campos (jurisdiction of
Valladolid) imposed new conditions on his citizenship in 1735 because of the
34 Vecindad: Local Communities
animosity of the local judge. In 1782, Agustn Snchez pointed to Nicols Sn-
chez as the person responsible for his exclusion from the community of Cor-
dobilla (jurisdiction of Salamanca). Nicols, who hated Snchez and his fam-
ily, made sure that the local authorities would not permit him to use the
communal pasture. He did so by arguing that Snchez was not a citizen despite
the fact that his citizenship had previously been an accepted fact.
There are many other examples of the way personal animosities led to
questioning the status of individuals whose citizenship was already acknowl-
edged. Whether the animosity was new, or whether rotation in local ofce
holding suddenly allowed old-time competitors (or friends) to have a say in
local affairs, it was clear that a persons citizenship could be contested at
certain periods, consensual in others. Froyan Rodrguez, who lived in Fuente
del Fresno (jurisdiction of Madrid) for more than twenty years, was told one
day that he no longer belonged to the community. Like other people involved
in these kinds of confrontations, he argued that this request was new and
unexpected. He had been recognized as a member before and was unsure what
had happened.
The questioning of status was considered a social, as well as a legal, affair. In
1760, Zacaras de la Torre was ordered to leave the room where the annual
communal ofce-holding election was held. His protests, that he was a cit-
izen with voting rights, were silenced, as were the allegations of his supporters.
The damage done to his honor was irreparable. In order to defend his reputa-
tion and prestige, he was forced to le a complaint against Alonso Crespo, the
councilman who initiated his expulsion from the meeting. Honor and reputa-
tion were also central to Manuel Rojo Martn y Nstor, who in 1798 was
expelled from the meeting of the council of Arensena de Abajo (jurisdiction of
La Rioja). The scene was so powerful, and so public, he later said, that after
it took place his wife refused to set foot in the village.
The exchange between Germn Salcedomarquis of Fuertehijar, caballero
of the military order of Carlos III, and a judge of the appellate court (chan-
cillera) of Valladolidand the community of Buitrago de Lozoya (juris-
diction of Madrid) was extremely revealing of such tensions. Germn was
granted citizenship in the community in 1788 under the condition that he
reside in the settlement and pay taxes. The following year, the council refused
to continue to recognize him as a citizen. According to Germn, he was re-
jected because several local cattle-raisers viewed him as a competitor and
wanted him expelled from the community. Admitting that Germn was using
too much pastureland for their liking, the authorities of Buitrago explained
their refusal differently: by virtue of his noble estate Germn was exempt from
tax payment, and because of his services to the crown, he resided rst in
Vecindad: Local Communities 35
Valladolid and then in Madrid. His initial promises to pay taxes and reside in
the community remained unfullled, although in both cases his refusal to
comply could be legally justied. Yet the most powerful allegation against
Germn was that his original acceptance as a citizen was made under duress.
He arrived in the jurisdiction one morning on an unannounced visit. He came
to the council meeting and, aided by the local judge (alcalde mayor) who was
his ally, inuenced the members into recognizing his citizenship. There was no
room for discussion or time to organize opposition. The whole question sur-
prised the community, and the process itself was heavily inuenced by the
quality of the petitioner, his circumstances, and the respect the local
council owed him as a nobleman, a jurist, and a member of the court. From the
perspective of the local council, the whole affair was violent. The physical
presence of the petitioner literally left the members with no choice but to
accede. The appellate court, where Germn served as a judge, agreed with
him. It accepted Germns position that he had always been a citizen of the
community and that he had meant to be one. It also implicitly adhered to his
understanding that the refusal to recognize him as a citizen was not genuine
but only represented the economic interests of a few powerful citizens.
simply too disrespectful of the local community. This had a direct effect on the
formation of the local citizenry. Many longtime residents never requested
formal citizenship, nor claimed to have obtained it by way of performance.
Luis Manuel de Quiones arrived in Madrid as a child in 1662. Having
studied there and then married a native-born wife, he was employed rst as a
solicitor ( procurador) in the royal councils and then as a public notary. After
some fty years of residence in the court, he requested the town council to
declare that he had been a citizen of Madrid for at least thirty years. The
reason for his request was openly confessed: he now wished to obtain a seat in
the parliament (cortes), a seat available only to people with at least six years of
formal citizenship in the community. According to the municipal authorities,
his lack of interest in being recognized as a citizen earlier on represented a lack
of commitment to the town, which was an attitude shared by many people
residing in Madrid. This attitude was also denounced in the 1720s and again
in the 1790s, when the members of the local council complained that the habit
of requesting citizenship was fading away. Frequently practiced in the old
days, it was no longer commonly exercised. The authorities reasoned that
most newcomers did not request admission into Madrids community either
because they did not recognize the utility of citizenship or because of the
confusion of the court.
Proving an Intention
One question remains unanswered. People could become citizens by
virtue of their decision and without the need for a formal declaration. But how
was this decision communicated to the local community? How could commu-
nities, their councils, and citizens know that a decision to become a citizen had
been made?
As mentioned earlier, according to the ius commune, newcomers could
make their intentions known through their behavior. People demonstrated by
their actions their wish to become citizens. This implied that communities
were forced to interpret the meaning of certain activities in order to determine
a persons state of mind. Ius commune jurists argued that a ten-year residence
or marriage to a local woman could serve as adequate proofs of the new-
comers intentions, and these views were adopted in Castilian communities as
demonstrated by the case of Seville. Following the conviction that citizen-
ship depended on intentions rather than external acts, however, Castilian
individuals, corporations, communities, and authorities constantly battled
with how to identify the behavior that would lead to citizenship in a particular
case given the circumstances of each candidate and community.
Vecindad: Local Communities 37
Take for example the most common claimthat intention could be proved
by a prolonged residence. Individuals who lived in a community for a long
period could be thought of as people who tied their future to that community
and, by implication, as people that wanted to become citizens. This was the
opinion of ius commune jurists, who argued that a ten-year residence was the
best proof for the newcomers intentions, and this rule was frequently adopted
in Castilian local legislation, that included a requirement that candidates re-
side in the community for several years before they could acquire citizenship.
However, residence, which during the resettlement period was a necessary
condition and the raison dtre of granting privilege to people, was now pre-
sented as a legal presumption. During the early modern period, it could be
used to discover the newcomers intentions, but its use was neither necessary
nor sufcient to prove those intentions. People who did not reside in the
community but who could prove their attachment to it in other ways could be
considered citizens. For example, Toms del Corrral successfully argued that
he was a citizen of Soto (jurisdiction of Cantabria) despite not residing in the
community because he had a house, with family and servants capable of
complying with all municipal demands and tax payment. . . . No one can be
forced to live and reside personally in a place, because this would be against
natural liberty, and is prohibited by law. In question was not behavior, but
its meaning: As intention is an internal act, only known by God . . . it can only
be manifested or discovered by observing external acts, which in this case
demonstrate that my client had a continuous wish to remain in the village.
The interpretation communities gave to residence usually depended on local
circumstances and on local perceptions concerning the character and inten-
tions of the people seeking recognition as citizens or noncitizens. On occa-
sions, individual activity was interpreted according to the classication of
petitioners as members of certain groups. People born in the community were
entitled to the presumption that they wanted to be citizens. It was generally
agreed that natives implicitly expressed their desire to be citizens by virtue of
their continued residence in the jurisdiction. In most cases, this was sufcient
to demonstrate that they were citizens; the native born were not generally
required to perform any formal act, or to reside in the community for a specic
length of time. Indeed, only exceptional communities forced native-born per-
sons to request admission to the community by proving their intentions.
Royal servants enjoyed a similar presumption. By denition and unless
otherwise proved, their absence from the community did not indicate their
desire to sever ties with it. In their case, absence was considered involuntary,
since royal service was a duty they could not refuse. It was often unclear,
however, whether all members of the court and all ofcials could claim this
38 Vecindad: Local Communities
Palencia) in 1761 when he was hired to serve as the local pharmacist (boti-
cario). Excluded from land partition by virtue of his foreignness, in 1791 he
requested formal recognition that he was a citizen. According to his version, he
was a citizen because he had acted as a citizen. He had resided in the community
with his family for more than thirty years and had the intention to remain
permanently, which is why he joined several local confraternities. The laws
required neither formal declaration nor special reception, and his behavior was
sufcient to transform him into a citizen. The authorities of Villarramiel dis-
agreed. They argued that he resided in the community as a professional by
virtue of a contract and that, since his immigration was not voluntary, it could
not transform him into a citizen. Rather than a citizen, he was a simple resident.
This was why the community was willing to pay for his relocation, and why it
allowed him to enjoy a tax exemption. Since the day he arrived, Melchor had
done nothing to change this situation, and there was no reason to consider him
differently. Local customs instructed that newcomers request their formal ad-
mission as citizens. Melchor was familiar with this custom, and if he did not
request his citizenship earlier, it was because he did not want to be considered a
citizen. The royal court (chancillera), which rst ruled in favor of the Villar-
ramiel, later changed its verdict and declared Melchor a citizen.
An exact opposite stand was adopted by Santibaez de Zarsaguda (jurisdic-
tion of Burgos) in 1790. Runo Vivanco, a noble (hidalgo) and a pharmacist,
established his residence and commercial headquarters in this settlement in
1787. Three years later, he was notied that he could either become a tax-
paying citizen or leave the jurisdiction. Runo responded by arguing that he
wished to remain in Santibaez and to continue to enjoy the status of both
hidalgo and noncitizen. As a public servant (servidor del pblico), his resi-
dence in the community could never constitute citizenship; as a nobleman, he
had no obligation to pay taxes. His position rejected, he was literally thrown
out of the village together with his family and merchandise. While Runo
claimed that the campaign against him was motivated by personal rivalries
his father was the local tax farmer and his business competed with another
the council of Santibaez argued that such was not the case. Explaining that
their community, a behetra cerrada, possessed special privileges that pro-
hibited noblemen from becoming citizens, and that permanent residence neces-
sarily implied citizenship, it required Runo to either renounce his rights as a
noble and became a citizen or to leave the community. Using arguments similar
to the ones voiced by Sevilles council in the 1770s, the local authorities insisted
that citizenship was not only a privilege but also a duty that could be imposed
on people who lived in the community. They further argued that local practices
prescribed that all people of competent age and situation should become cit-
Vecindad: Local Communities 41
izens; there was no reason to create an exception in Runos case. In fact, except
for Runo, all other residentsboth natives and newcomersobeyed this
rule, and all of them were accepted as citizens. The practice of becoming
citizens was so well rooted in the community that the authorities expected
Runo to conform to it, and they attempted to persuade him extrajudicially. It
was only after their peaceful attempts failed that they removed him physically
from the community. The authorities also explained that although they toler-
ated Runos presence in the jurisdiction for more than three years, they were
no longer willing to do so. At stake were not only compliance with local laws
and customs, but also the need to adhere to justice: people who enjoyed citizen-
ships benets must also be subjected to its corresponding obligations.
The employment of presumptions linking behavior to intentions also ex-
plains why the authorities of Seville could recognize Antonio Joseph de Saave-
dra as a citizen in 1735. This recognition was not illegal, nor did it indicate a
distance between law and its application. It was based on the idea that resi-
dence was a presumption and that, as with all other presumptions, it could be
replaced by other factors that indicated the existence of the intention to be a
citizen. In Antonio Josephs case, intention could be deduced from the close
relationship between the candidates family and the community, as well as
through the payment of taxes.
Yet the use of presumptions also sheds light on the changes introduced in
Sevilles citizenship policies. These changes did not modify the conditions for
citizenship. Instead, they effected only the method by which petitioners inten-
tion to become citizens could be proved. Before 1743, petitioners were re-
quired to prove their intention by submitting an afdavit, attesting that they
had resided in Seville for more than ten years and intended to remain in the city
permanently. After 1743, petitioners had to supply the council with the testi-
mony of the local priest, afrming their residence in Seville, and with rental
receipts. Petitioners were also required to present witnesses who could testify
that in speech and action they behaved like citizens.
Conclusions
The rst legal denition of local citizenship in Spain dates from the early
1800s. Included in legal dictionaries, which were elaborated in order to facili-
tate the work of jurists and administrators, this denition species vecino as:
a person who is domiciled in a place with intention to remain there. Accord-
ing to the law, this intention can be presumed and reputed as proved by the
passing of ten years, although it can also be proved by other facts that manifest
it without the need for the passage of ten years, for example, if one sells his
42 Vecindad: Local Communities
possessions in one place and buys others in the place to where he transfers his
residence, or if one is received as a vecino by the local community, promising
to remain there ten years and paying taxes.
The product of an early nineteenth-century obsession with legal categories,
this denition nevertheless summarizes with precision eighteenth-century
views of Castilian citizenship. First, it stresses that citizenship is based on
individual intention rather than on formal declarations. People are citizens by
virtue of their activities, and they lose their condition as citizens if they fail to
enact the citizen role. Status is thus socially negotiated and socially recognized.
Second, this denition species that intention could be proved by legal pre-
sumptions that link behavior to a state of mind. Such factors as residence,
marriage, and the possession of property, whether detailed in the laws or not,
are meaningful only as reections of an internal decision to become a citizen.
This combination of factors created in Castile citizens by performance, that
is, people whose citizenship depended on their behavior and reputation and
not on formal declarations. Yet, the obligation to demonstrate an internal
decision by performing certain external acts guaranteed that only people who
were able to convince the community of their goodwill good immigrants
would be recognized as citizens. This ability, in turn, depended on the con-
cerned parties, but also on local circumstances and perceptions. Different
requirements were elaborated, demanding people in different periods to pro-
vide a diverse range of proofs. On occasion, citizenship was portrayed as a
privilege. At other times it was presented as an obligation. The story of local
citizenship in Castile thus reveals the existence of common perceptions, often
leading to individual local arrangements. Rather than a fragmentary and
highly localized regime, as portrayed in the legislation and as assumed by most
historians, citizenship was based on doctrine and practices common to all
Castilians. Examining citizenship petitions in a single community and tying
them to local circumstances and immigration policies thus potentially im-
poverishes our understanding of what citizenship meant. It ignores the exis-
tence of citizens who were not formally admitted by local communities, and it
does not explain how and why did people become worthy of rights in the local
sphere.
3
Soon after their arrival in the New World, and even before the territory
was under their actual control, Spanish conquistadors proclaimed royal juris-
diction over the land and founded new settlements. Standing in open territory
and in the presence of notaries when these were available, expedition com-
manders announced that, under the authority received from the king, viceroy,
or governor, they were founding a settlement. They then set the territorial
jurisdiction of the community, nominating the local authorities and dividing
the land by plots, assigning sites for the main square ( plaza mayor), local
council hall, and jail. Asking those present if they wished to become citizens
(vecinos), commanders announced that they could do so by presenting them-
selves to the authorities in the following days. Through this ceremony, new
communities came into beingwith territory, authorities, urban plan, and
citizensbefore the rst cornerstone was ever laid. Similar procedures were
carried out where Indian enclaves were already in existence. In all of them
for example, Mexico City, Quito, and Cuzcothe community was reinvented
as a Spanish enclave, as though the previous settlement had ceased to exist. By
1571, there were some two hundred Spanish settlements in the American
continents and adjacent islands, and by 1580 the colonial settlement network,
which survived to the nineteenth century, was rmly in place.
At rst, the Spanish American urban experience appeared to be a repetition
43
44 Vecindad: Spanish America
of the Castilian experience during the Middle Ages. Settlement was perceived
as a process by which communities, rather than individual houses, were
founded, and this process of founding could ignore such facts as the presences
of existing communities that were populated and governed by other tradi-
tions. The role of communities was also similar, as in both cases their founda-
tion conrmed Spanish control over not only territory but also its non-Spanish
inhabitants. As was the case for participants of the reconquest and resettle-
ment of Spain, citizenship (vecindad) could be obtained by the mere fact of
being part of the group that founded the community. All that was required of
the conquistadornow made citizenwas to be present at the foundational
act or to come to the community in subsequent days. Once this rst phase was
completed, most Spanish American communities developed procedures that
enabled newcomers to petition for citizenship. Newcomers had either to allege
their wish to establish permanent ties with the community or to supply proofs
for the existence of such a wish. During this period, most requests were tied to
the desire to obtain land grants, which were available only to citizens. Another
motivation for requesting citizenship was the wish to be employed in munici-
pal ofces.
Petitions for citizenship in Spanish American communities were very com-
mon during the sixteenth century, but they gradually disappeared from munic-
ipal records by the second, third, or fourth decade of the seventeenth century.
Although people continued to refer to themselves as vecinos in notarial acts, in
legal declarations, and in their social interactions, the archives tell us nothing
about how they achieved or maintained this status. As a result, like their
colleagues studying early modern Spain, historians of Spanish America simply
ignored the issue of citizenship. They assumed either that late medieval Cas-
tilian practices continued to operate in the Americas or that, in the Americas,
vecindad was an honorary title and no longer attached to notions of citizen-
ship and belonging.
Nevertheless, until the end of the colonial period, Spanish American citizen-
ship remained a tie among people forming part of the same community. It was
a status that implied both privileges and duties, and people who acted as and
were reputed to be citizens could obtain citizenship. Yet in contrast with
Castile, in Spanish America citizenship was converted fully from a legal cate-
gory into a classication based on social reputation. Instead of maintaining
both formal and implicit citizenship, as was the case in the Old World, in the
New World implicit citizenship prevailed. New forms of exclusion that were
particular to Spanish America also emerged. Most important among them was
the tendency to exclude Indians and persons of mixed blood or African de-
scent from citizenship. Another was the introduction of restrictions on the
Vecindad: Spanish America 45
Caracas
The transformation of citizenship from rst a legal category into a classi-
cation based on social reputation and then as a status not available to non-
Spaniards, is best exemplied by the case of Caracas, which serves here as
the rst model for how Castilian citizenship was modied in the Americas.
Caracas was founded in 1567 as a military garrison. Until the 1580s, its
permanent population was very small, and in 1578, only 14 of the 136 people
who participated in its founding still lived in the community. Protected by a
mountain range yet close to the sea, Caracas soon became a trading post for
agricultural products coming from the hinterland. From the 1580s to the rst
decade of the seventeenth century, and coinciding with the pacication of the
46 Vecindad: Spanish America
territory, wheat, tobacco, and cattle hides provided its inhabitants with prot-
able export. In the following decades, the local economy gradually shifted to
the exportation of cacao to Mexico. This export trade, which sustained the
growth of the city for two hundred years, transformed Caracas into a major
slave labor economy. At the end of the sixteenth century there were some 90
citizens; by 1633 this number had virtually doubled in size.
Formal petitions for citizenship in Caracas were fairly frequent until the
1620s. In accordance with the Castilian tradition, these petitions were pre-
sented to the city council, whose members decided whether the person should,
or should not, be recognized as vecino. Petitions expressed the Castilian belief
in freedom of immigration and included a declaration by the newcomer of his
intention to reside in the jurisdiction and to establish his home there. It was
often clear in municipal records that many petitioners had just arrived in the
city and that their citizenship requests were a rst step towards integration in
the local community. Their promise to tie themselves to Caracas was deemed
sufcient to secure their recognition as citizens and to enable them to enjoy
citizens rights. During this period, most people requesting admission into the
community petitioned to receive land (solar), and in most cases, the authori-
ties, recognizing them as citizens, granted them land, thus enabling them to
establish themselves in the city both legally and materially. Also during this
period, people who left Caracas continued to be considered citizens as long as
they delegated the exercise of their obligations to another person. Caracas was
also willing to admit absentee members: in 1597, Nofre Carrasques, repre-
senting Fernn de Zrate, requested that his client be recognized as a citizen.
His petition was granted even though there were many indications of Fernns
absence and his representative made no promise that Fernn would ever come
to the city. Attempts to force compliance with citizenship obligations, espe-
cially the obligation to reside in the jurisdiction, were also sidetracked, as
afuent members continued to disobey municipal orders and responded in-
stead with the casual payment of penalties. This became a frequent practice
beginning in the 1610s; by the 1650s, the council exempted certain people
from citizenship dutiesresidence includedbecause they were willing to
routinely pay the authorities certain sums.
At this early stage of its history, it was clear that Caracas gave less weight to
actual residence and integration into the community than did its Castilian
counterparts. Also noteworthy was the lack of a clear denition of what was
municipal, what was provincial, and what was Spanish. People residing in the
province could claim that they were integrated into the local community, and
services to the crown were also considered to constitute ties between the indi-
vidual and the city. Perhaps because the jurisdiction of Caracas stretched for
dozens of miles with no other Spanish settlement nearby, and because the city
Vecindad: Spanish America 47
represented all that was Spanish, as opposed to what was Indian or simply
foreign, the distinction between what was local, provincial, and Spanish was
weak from the start.
The demise of formal citizenship procedures in Caracas began at the end of
the sixteenth century. By that time, people requesting the allocation of dif-
ferent resources described their attachment to the community in qualitative
terms rather than by simply asserting that they were citizens. For example,
Toms de Aponte, who requested a land grant in 1597, explained that he had
come to the city with his wife, sons, and family, and that he intended to live
and to remain in the jurisdiction. Francisco Carbajar declared that he had
been living in Caracas for more than seventeen years, that he had occupied a
house with his wife and children, and that he had always complied with all
citizenship obligations. Although some people continued to request formal
admission to the community by petitioning for citizenship, and others men-
tioned their citizenship when petitioning for rights, both practices were dimin-
ishing. By the 1640s, the traditional association between citizenship and land
grants was also fading away. During the second half of the century, people
petitioning for land no longer mentioned their citizenship, and those petition-
ing for citizenship no longer necessarily requested land. At this time, land
grants had ended, and a new regime allocated land by virtue of monetary
payments. As access to land was increasingly independent of citizenship, the
recording of citizenship petitions virtually ceased.
By the middle of the seventeenth century, formal citizenship criteria were
thus giving way to implicit categorizations. Although individuals continued to
argue that they were citizens and thus worthy of rights, they no longer needed
to obtain a formal declaration of citizenship. Citizenship was now implicitly
recognized when rights were allocated. Instead of maintaining a regime in
which citizenship was formally acknowledged by the local authorities, the
ability to use rights usually reserved to citizens now rested on personal reputa-
tion and on the idea that people who acted as citizens were in fact citizens.
Reputation determined whether the person was indeed integrated in the com-
munity and whether the other members considered him worthy of the rights of
a citizen. In 1650, for example, Francisco Lpez stated that it was well
reputed and established (es notorio y consta) that he had been a citizen of
Caracas for more than thirty years. In 1652, Juan Rodrguez argued that his
citizenship could not be doubted, since both in the city and its province he
must be taken as such (debe ser habido por tal ) because of his many services
to the crown.
Despite its novelty, citizenship by reputation had Castilian roots. As men-
tioned in chapter 2, Castilian citizenship could be acquired without the inter-
vention of the authorities. It came into being once a newcomer behaved as a
48 Vecindad: Spanish America
citizen and this behavior was interpreted and validated by the other members of
the community or by communal organs. Yet while Castilian communities
fought against these practices and, in the name of good government attempted
to constitute a monopoly over the classication of people as citizens and non-
citizens, the authorities of Caracas did nothing of the sort. I could not nd even
one attempt to support the continuation of formal procedures for citizenship
and to ensure municipal control over the classication of people as citizens.
The disappearance of formal citizenship in Caracas in the 1620s and 1630s
could be explained by local developments, such as the gradual disassociation
between land grants and citizenship and the passage from free allocation of
land to a monetary payment. Perhaps this disappearance was tied to Caracass
coming of age. In the early 1600s Caracas was already a self-sustaining city,
with a stable population, a fairly ourishing economy, and stable institutions.
Under these circumstances, it no longer required an aggressive immigration
policy, and as an established community, it could close ranks by linking cit-
izenship (and rights) to reputation rather than to abstract legal categories.
The shift from a formally recognized citizenship to a socially reputed one
allowed for the introduction of new factors of exclusion, most important
among them the ineligibility of Indians and people of mixed blood (mestizos
and mulattos) to obtain citizenship. Castilian citizenship practices found that
origin and genealogy were irrelevant to citizenship acquisition, and they
lacked mechanism for examining the candidates ethnicity. In theory, there-
fore, Indians, mestizos, and mulattos should have been eligible for citizenship
in Spanish American communities despite the aspiration to constitute two
separate republics, one Spanish and the other Indian. Ofcially, the
repblica de indios was established to protect Indians from Spanish inuences
as long as they needed such a protection, and it was mainly embodied in the
prohibition of Spaniards in Indian communities. This establishment did not
explicitly prohibit the integration of Indians into Spanish communities, and,
indeed, soon after its installation, Indians began immigrating to Spanish settle-
ments, where they established a permanent residence. This fact was evident
in early Caracas, when Indians and mestizos were at times granted citizenship
and admitted into the purportedly Spanish community. Nevertheless, fol-
lowing the transformation of citizenship from a formal category to a socially
reputed status, the presence of Indians, mestizos, and mulattos was virtually
eliminated. It was also during this period that Indians, mestizos, and mulattos
were treated as miserable and in need of help, rather than as integrated
members of the community. They now received land not because they were
citizens but because of their poverty, their weakness, and in the case of Indians,
because of recent royal decrees favoring the native population.
Vecindad: Spanish America 49
Buenos Aires
and this was even more surprising, the authorities of Buenos Aires insisted that
under normal circumstances only natives of the kingdoms of Spain could be
accepted as citizens. This demand was a clear departure from the Castilian
precedent; Castilian communities easily and frequently admitted foreigners as
citizens (chapter 2). In Buenos Aires, on the contrary, only exceptional for-
eigners who were very useful to the community and highly immersed in its
society could be granted citizenship. Some leniency was demonstrated to-
wards Portuguese residents during the union of the crowns of Portugal and
Castile (15801640), yet this leniency evaporated in the following years.
People requesting citizenship in Buenos Aires had to prove that they were
natives of the kingdoms of Spain, and the inclusion of candidates birthplace
in citizenship petitions became the usual practice in the city by 1618. When
the actual place of birth was unknown, the petition at least formally stated
that the persons arrival to the Americas was legal, and that, as a result, he was
necessarily a native of the kingdoms of Spain.
In contrast to the situation in Caracas, land distribution was seldom men-
tioned in Buenos Aires, and it was only in the 1610s that newcomers duties
were formally extended from having arms to also possessing a house. During
this period both requirements were integrated into a formal oath that all
candidates for citizenship had to take. Nevertheless, as late as 1619 and
1620, Buenos Aires still admitted absentee citizens. By the late 1620s, the
number of citizenship petitions was dropping, and in the next few decades,
citizenship petitions practically disappeared from municipal records.
In spite of differences in the particular development of these two cities and in
their understanding of citizenship, formal petitions for citizenship in Buenos
Aires disappeared from the records around the same time they declined in
Caracas. Once again, local circumstances may explain this development. Like
Caracas, Buenos Aires came of age in the beginning of the seventeenth century
as its population stabilized and it began to ourish economically as a port. Yet
contrary to Caracas, in the case of Buenos Aires we lack indications on how the
growing dissociation between citizenship and rights brought about the demise
of formal citizenship. We also lack a clear vision of what the results of this
demise were.
Lima
Whereas certain similarities existed between Caracas and Buenos Aires,
developments in Lima, my third model for how Castilian practices changed in
the New World, were very different. Established in 1535 in a fertile valley near
the sea and populated by many Indians, Lima, until the late 1540s, suffered
Vecindad: Spanish America 51
Buenos Aires, and Lima, citizenship could be acquired by petitioning the town
council, and success depended on the establishment of, or the promise to
establish, ties with the community. Newcomers had to express their desire to
become citizens, which could be proved by residence, the establishment of a
house, or compliance with citizens duties. The distinction introduced in Lima
between vecinos-encomenderos and simple vecinos was new, as was the ill-
dened frontier between the local community and the community of the king-
dom, which were often used synonymously. This led in Caracas to the exclu-
sion of Indians, mestizos, and mulattos, and in Buenos Aires to the demand
that citizens be natives of the kingdoms of Spain. The abandonment of formal
procedures for citizenship acquisition and the total dependence on reputation
also marked a change from Castilian practices.
The way Caracas, Buenos Aires, and Lima developed helps explain this
trajectory. Caracas gradually became a slave labor economy, leading to height-
ened ethnic awareness. Because of the presence of many non-Spanish Euro-
peans, especially the Portuguese, Buenos Aires experienced ongoing social
tension. Lima suffered vice-regal intervention in municipal affairs, and many
encomenderos were among its oldest and most important citizens. Yet not-
withstanding these explanations, similar processes were happening elsewhere.
Although we lack precise information, we do know that the division of citizens
into encomenderos and non-encomenderos was not particular to Lima but
was practiced in other Peruvian cities, such as Popayn, Jujuy, Cuzco, and
Arequipa. This division was also mentioned in the main compilation of
Spanish American colonial legislation (Recopilacin de Indias), which re-
produced a 1554 decree stating that both normal citizens and vecinos enco-
menderos could be elected to municipal ofces. Historians have afrmed
that Indians, mestizos, and mulattos could become citizens of Spanish Ameri-
can communities in the sixteenth century, but that this was no longer true in
the late seventeenth and eighteenth centuries. They assumed that throughout
Spanish America, in order to be a citizen, one had to be Spanish. The aban-
donment of formal citizenship procedures in the beginning of the seventeenth
century was also a general trend. By the 1620s, formal citizenship petitions
disappeared from the town records of Mexico City. In seventeenth-century
Popayn (present-day Colombia), citizenship was a highly informal status and
did not depend on the inclusion of a residents name in ofcial registries. It was
constituted socially and granted automatically to people who integrated into
the community. In eighteenth-century Quito and Cuenca (present-day Ec-
uador), citizenship was instituted by public knowledge, which required no
proof. These ndings indicate that the exclusion of non-Spaniards from
54 Vecindad: Spanish America
discern how this common development came about is to compare the practical
implications of citizenship in Castile and Spanish America, on one hand, and
the frequency of conicts (or potential conicts) regarding citizenship, on the
other. As I indicated in the introduction and in chapter 2, citizenship was an
important issue in Castile because it allowed people to enjoy a wide array of
privileges and obligated them to comply with many duties. Despite this fact,
citizenship was registered and debated in Castile only in cases of conict or
potential conict. In all other cases, it operated silently, and people were classi-
ed and allowed to exercise rights and duties without their status being ex-
plicitly discussed. Was this the case in Spanish America?
There are many indications that by the beginning of the seventeenth century
Spanish American communities no longer maintained a discriminatory regime
that clearly distinguished between the rights of citizens and noncitizens. There
are hundreds of cases where noncitizens in Spanish American communities
enjoyed rights that in Castile would have been reserved for citizens. In many
Spanish American communities communal property was open to both citizens
and noncitizens, and noncitizens could be employed in municipal ofces. In
some jurisdictions, taxation and military duty were imposed equally on both
citizens and noncitizens. Indeed, once land grants ceased, Spanish American
practices no longer substantially discriminated against noncitizens. Emptied
of most of its pragmatic implications, by the mid-seventeenth century, Spanish
American citizenship embodied only the social and cultural recognition that
one was a permanent member of the community. Once this was the case, the
struggle to dene who was a citizen lost much of its importance; it probably
became less frequent, less urgent, less conictual, and thus less often recorded.
The relation between the demand for rights, on one hand, and formal ac-
knowledgement of citizenship, on the other, can be exemplied by reviewing
the few occasions when citizenship did matter in Spanish America. In the late
seventeenth and eighteenth centuries, when obtaining citizenship enabled in-
dividuals to enjoy a particular regime of rights and duties, discussions on
citizenship reappeared. In these situations, citizenship was argued according
to the Castilian tradition that linked behavior to intention: people who acted
as citizens were in fact citizens. The opposite was also true. Those no longer
acting as citizens were considered to have expressed implicitly a desire to
severe ties with the community. Yet, in the late seventeenth and eighteenth
century, two important factors, which were present in early Caracas and
Buenos Aires, became especially apparent. These factors were (1) the growing
identication between domicile and citizenship and (2) the close association
between citizenship and nativeness.
One example for late seventeenth-century and eighteenth-century Spanish
56 Vecindad: Spanish America
where candidates were merchants and needed to look after their business
affairs. Elected to ofce, these people claimed that they were too poor, too
busy, or simply unworthy of the honor bestowed on them. This wish to avoid
ofce holding became an epidemic in late eighteenth-century Buenos Aires.
Alleging different circumstances and needs, on occasion, those elected to ofce
also argued that they were noncitizens and that, as a result, they could not be
obliged to comply with citizenship duties. Jacinto de la Fuente argued that he
was a citizen of Arrecife and not Pergamino, which was where he was elected
to ofce. His citizenship in Arrecife was based on the fact that he was a
native of the jurisdiction, where he had established his domicile together with
his wife and children. The authorities disagreed. Jacinto resided in Pergamino
the greater part of the year, and his business operation was located in that
community. As a result, he should be reputed and held (reputado y tenido)
as a citizen of Pergamino. Other people were more successful in making the
same claims. Joseph Fortunato Ruz de Arellano requested that his nomina-
tion in Buenos Aires as a local judge (alcalde ordinario) be revoked because he
was, in fact, a citizen of Asuncin (Paraguay). His citizenship in Asuncin,
he said, was tied to the fact that he was a native of that jurisdiction: there he
had property and had recently married an Asuncin native by way of proxy.
He also served as a judge in Asuncin in 1760 and had always wished to return
to that city. According to his claims, his case was radically different from those
other petitioners who refused ofce but had resided in Buenos Aires continu-
ously for many years. Unlike him, these people were citizens, and they could
be forced into ofce. The authorities agreed with him.
and the mixed-blood were rejected, the need to discriminate against people
who were Spanish disappeared. Indeed, once citizenship was identied with
Spanishness, all Spaniards could be admitted as citizens, or, at least they could
enjoy a common regime of rights and privileges. At the same time, discrimina-
tion was maintained, even enforced, with regards to true outsiders: the
Indians, mestizos, mulattos, and, to a certain degree, non-Spanish Europeans.
One could say that in their joint opposition to foreign and seemingly hostile
elements, in Spanish America all Spaniards were citizens of a single commu-
nity and all non-Spaniards were classied as aliens. As a result, in this hectic
and constantly changing world, there was an overpowering sense of famil-
iarity. People acted as if they knew who the others were, and individuals
moved across dozens, hundreds, and thousands of miles behaving as if they
were in a familiar territory.
In addition to the growing identication between Spanishness and citizen-
ship, the abandonment of a discriminatory regime could also be explained by
the structural and legal differences between Castile and Spanish America. In
Castile, citizenship was dened at the same time in which the kingdom itself
was created. The coincidence guaranteed a regime that was initially very lo-
calized and that admitted great differences between one community and the
other. Processes of homogenization within the kingdom gradually closed the
distance between the practices of different communities, yet until the end of
the Old Regime, some differences, especially with regard to formal require-
ments and procedures, remained in place. It was also clearly the case that in
Castile municipal entities were contemporaneous to the kingdom. Their resi-
dents forged an identity of their own at the same time in which they were
gradually inserted into the kingdom.
The contrary was true with regard to Spanish America. The settlement of
the New World happened after the kingdom of Castile had consolidated.
While the kingdom was a fact, the local community was a project. In the
Americas, new communities were formed, and they initially had no local his-
torical traditions, nor a clear local identity, nor a law of their own. Indeed,
Spanish American enactmentswhether local or common to the entire terri-
torylacked instructions concerning citizenship. This lack could be supple-
mented because Spanish American law determined that Castilian law would
be adopted in cases of legal lacuna. There was, however, no single or simple set
of Castilian laws that Spanish Americans could adopt. As noted earlier and in
chapter 2, a common Castilian citizenship regime existed, but it depended on
doctrine and practices. Castilian local legislation, on the contrary, included
different rules with regard to the acquisition of formal citizenship. At certain
places and times, the king instructed Spanish American communities to adopt
Vecindad: Spanish America 61
Conclusions
The relation between Castilian and Spanish American practices was
highly complex. A supercial study would indicate that Spanish American
citizenship differed dramatically from the Castilian example. In early modern
Castile, citizenship was a category both formal and explicit and with wide-
reaching social, economic, honorary, cultural, and institutional implications.
In Spanish America, citizenship became a status based on reputation, which
implied no clear discriminatory regime and that had mostly a socialrather
than legalsignicance. A thorough investigation nevertheless demonstrates
that the distance between the Castilian and the Spanish American experience
was in some respects more apparent than real and in others, more real than ap-
parent. On one hand, despite the disappearance of formal procedures, Spanish
American citizenship still included the basic Castilian premise that people
could become citizens by virtue of deciding to do so, and that this decision
could best be proved by behavior as citizen, mainly through residence. Spanish
American citizenship thus remained a measure of the persons integration in
Vecindad: Spanish America 63
Spain emerged from the Middle Ages as a highly complex and frag-
mented political entity. It included two crowns (Castile and Aragon); various
kingdoms, provinces, and principates; and thousands of local communities.
The kingdoms included in the crown of Aragon, whose unitsAragon, Cata-
lonia, Valencia, and Majorcaeach maintained their autonomous legal and
political structures, had their own governing and representative institutions
and their own laws. Some of the kingdoms and principates included in the
crown of Castile, for example, Len, Asturias, and Galicia, were integrated
into a single system and were subjected to the same institutions and laws.
Others, such as Navarre and the Basque provinces, conserved many of their
separate structures.
People living in the different Spanish kingdoms were legally classied in
different ways. They belonged to separate groups, each enjoying a particular
regime of rights and duties as dened by the legal system of their kingdom or
crown. Most important among these rights was the monopoly on ofce hold-
ing (reserva de ocio), which restricted the use of public ofce and ecclesi-
astical beneces to natives (naturales) of the jurisdiction. According to this
monopoly, only natives of Castile could hold ofces in Castile, only natives of
Catalonia could hold ofces in Catalonia, and so on. Since implementing
this monopoly required that foreigners (extranjeros) be distinguished from
64
Naturaleza: Community of the Kingdom 65
and the right to hold ofces and beneces in Castile and other parts of Spain.
For the sake of convenience, I have separated developments in Castile and
Spain from developments in Spanish America. Despite this material separa-
tion, the two debates, which are explored below and in chapter 5, should be
viewed as complementary.
this kingdom and are averse to their fathers, though they hear nothing else at
home but his native language. This does not surprise me, when I consider what
effect the place of birth usually has, the great inuence of the rst acquaintance
and society we contract in the world.
The native born could be trusted, but foreigners could not. They were re-
jected because they were not obliged to the community, neither with faith,
nor with love. Because foreigners did not love the community they were
dangerous. Foreigners did not identify with local interests, and they hoped
to benet from their association with Castile while planning to later return to
their community of origin: These foreigners who have dignities and beneces
in our kingdoms want to be in their lands more than in a foreign land. They
will take out the money [they earn] from our kingdoms, leaving them with
great damage and poverty and enriching foreign kingdoms, even enemy king-
doms. . . . When prelates and other beneciaries are natives, they help us . . . in
the war against the Moors and the defense of the royal crown of our king-
doms. All of this is not true when the prelates and beneciaries are not our
natives.
People who loved the community could thus be considered natives. People
who did not love the community were classied as foreigners. Yet, as Baltasar
Alamos de Barrientos, Gernimo de Uztariz, and Pedro Fernndez Navarrete
pointed out, foreigners who xed their domicile in Castile, where they owned
a house or were married to a native, no longer posed a threat. Although they
may not afford us the affection and reliance of native and loyal subjects,
they were still worthy of nativeness. The presumption was that their lengthy
or close association with the community created a sufcient sense of loy-
alty. As trustworthy people, they could be granted the rights of natives.
Implied in these observations was the idea that certain foreigners went
through some sort of conversion that allowed them to abandon their condi-
tion as outsiders. This conversion transpired without the intervention of the
authorities. It was a by-product of the association between a person and a
community, an association that could be established in a variety of ways. It
could depend on residence, but it could also be generated by other factors,
such as birth in the jurisdiction, marriage to a native, or owning property.
It could be demonstrated by the fact that the foreigner severed all ties to
his community of origin because he no longer hoped to return there. What
was important was not the specic way this association came about, but
the guarantee it supplied for the persons good intentions. In the words of a
seventeenth-century observer: Almost all the foreigners who live in this city
[Seville?] are very naturalized in it, some of them for the many years in which
they had lived here, others also for having been born in it, others because they
72 Naturaleza: Community of the Kingdom
were married in many cases with natives, or their daughters married natives,
reasons for which they have established deep roots that made them love and
desire the best for these kingdoms. Indeed, certain foreigners could be con-
sidered natives because most of them lived in Cdiz for 20, 30, 40, and 50
years, and they are married with natives, and they have their estate and family
there, without having any dependency on Portugal. These foreigners, al-
though not formally declared natives, were connaturalized, their residence
being in substance the same as if they were declared natives. Their conver-
sion to natives was both legal and social. Indeed, it even affected their nature.
For example, according to some authors, Frenchmen who were sufciently
integrated in Spain acted in a way that combined Spanish grave-character
with French Lightness.
Because of this understanding that permanent resident foreigners, many of
whom were citizens of local communities, no longer posed threat to the Cas-
tilian and Spanish communities, legal enactments became less important than
the intentions that they sought to reproduce. The conditions stipulated by the
laws governing nativeness and naturalization were interpreted as legal pre-
sumptions. Similar to their role in the local sphere, these presumptions aimed
to help the authorities distinguish between true outsiders and integrated for-
eigners who had attained nativeness. The presumptions did not prescribe the
only way foreigners could be transformed into natives. Indeed, individuals
could be declared natives even when they did not fulll the conditions stipu-
lated in the laws if other indications proved that they had tied themselves to
the community. For example, in 1769, Ignacio Barra obtained recognition that
he was a native on the grounds that he was well rooted in Spain and would
probably never leave the country. In the same year, Antonio Rafael Mengs
was able to demonstrate his love of Spain by establishing a school of arts in
Madrid and training many disciples. Despite being married to an Irish com-
patriot and thus lacking one of the requirements for naturalization, Roberto
White was granted naturalization because he had purchased a house and
obtained citizenship in Cdiz, and the authorities believed that he wanted to
establish a permanent domicile in Spain.
People who lacked the legal requirements could obtain their naturalization,
as often as others were denied the status of natives despite fullling these
requirements if their loyalty was questioned. Juan Jernimo Burgu, a French-
man, resided in the Iberian peninsula for many years and was occupied in
different commercial undertakings rst in Cdiz and then in San Sebastin.
According to the local authorities, despite this permanence and his status as a
local citizen, it remained unclear whether he was truly tied to Spain. He had no
Naturaleza: Community of the Kingdom 73
There could be a case, in which all the circumstances [enumerated in the laws]
would be present, yet by law it would be impossible to declare the person
native. . . . This would be the case of foreigners who had resided in the
kingdom for a sufcient time, yet who must be considered transients because
they lack the wish to remain or to establish domicile. . . . This is the way we
must understand the Partida law, which establishes that a ten-year residence is
sufcient to obtain nativeness. This law must be interpreted in the following
way: the ten-year residence operates a presumption that the petitioner wishes
to remain in the country permanently. If there is a contrary presumption, or
contrary proofs, the ten-year residence is insufcient to grant nativeness.
Indeed, if one is to pay attention to the wording of the Partida it is clear that a
ten-year residence does not convert foreigners into natives. What converts
foreigners into natives is the wish to remain.
The idea that foreigners could become natives based on proof that they
felt loyal to the community established a close association between nativeness
and citizenship. Foreigners who obtained citizenship could easily demonstrate
their nativeness and, indeed, citizenship acquisition was a common proof of
integration in the community of natives. Faustino Borgnis Desbordes came to
Puerto Santa Mara in the early 1760s. Fifteen years later he requested recog-
nition as native of Spain. This was owed to him because he was a citizen and
because he came to the country with the intention to establish domicile. This
intention, Faustino argued, could be proved by the fact that he had married
74 Naturaleza: Community of the Kingdom
a native-born spouse, had children, and had established his business there.
Through this activity, he had become connaturalized (connaturalizado) and
rooted (arraigado) in Spain.
Given the importance of integration, and the understanding that integration
always happens on a local level and within the boundaries of a specic com-
munity, local authorities became involved in processes of naturalization. They
were asked to render judgment regarding the status of foreigners residing in
their district, and their afrmation that these foreigners acted as Spaniards and
were attached to the local community was essential to the recognition that
these foreigners were already natives, or merited naturalization.
Persons who lost their citizenship risked becoming nonnatives. This was the
opinion of Gregorio Lpez de Tovar and Juan de Hevia Bolaos, according to
whom if a native of the kingdom, or anyone reputed as native, leaves the
kingdom and resides in a foreign kingdom, where he establishes domicile, if he
later pretends to be a native, he is no longer considered native. Benito
Gernimo Feijo agreed with them, pointing out: Spain is the object of love of
all Spaniards. This rule applies when migration to another country does not
convert Spaniards into members of another society, in which case they must
love that other society more than the country where they were born. This
obligation [to love] the republic does not depend on birth in the district, but on
being a component of its society. Therefore, people who legitimately emigrate
from their country of birth and x their domicile in another dominion owe the
same obligation to the new republic as to the one they had to the republic where
they were born, and they must regard this new republic as their patria.
Natives who severed their ties with the local community, who established a
permanent residence outside Castile or Spain, or who married a foreigner
while residing abroad could lose their status as natives. These people and
especially their sons could not hold public ofces or emigrate to Spanish Amer-
ica. If they wished to remain natives despite their detachment from the com-
munity, they had to prove that their cases were exceptional. Joseph Larrugia
was born in Baza (jurisdiction of Granada) to parents who were natives of the
kingdom of Castile. At a young age, he was sent to Malta, where he was
educated in the seminary of the Order of San Juan to which he now belonged.
In 1786, Joseph requested the royal council to declare him a true Spaniard
(verdadero espaol ), eligible to receive an ecclesiastical benece. Joseph ex-
plained that the other members of the order suspected he was a foreigner, and
they therefore refused to grant him the privileges that were rightfully his.
Despite his absence from Spain, he declared, he never renounced his condition
as native. In another case, Octavio Ximnes Aldeano presented to the royal
council letters from two Spanish overseas ofcials who considered him of the
Naturaleza: Community of the Kingdom 75
Spanish nation, despite having been born in Sicily. He insisted on his wish
to return to the primitive privileges of his great-grandfather and requested a
declaration that he was a native. He attempted to demonstrate that his family
whose genealogy he presentedhad always been employed in royal service.
As a result, despite their physical absence from the kingdom, its members
never intended to severe their relationships with the community. They en-
joyed the exception, reproduced in the Recopilacin de Castilla, according to
which if the parents . . . were outside these kingdoms in our service, or
according to our order, or as transients and without establishing domicile
outside these kingdoms, their sons born abroad would be considered natives
of these lands.
Although Octavios request was denied, other candidates were more fortu-
nate. The father of Ignacio Aguirre had emigrated to Rome, where he obtained
an ecclesiastical ofce and married a Roman woman. These factors apparently
indicated that he had decided to establish domicile in that city and that his
membership in the Spanish community had expired. Nevertheless, his son
asserted that such was not the case. Before the ten years required to establish
domicile had passed, Ignacios father was nominated as a secretary of the
Spanish postman in Rome. In this way, he conserved the nativeness of Spain,
which he could retain as a royal servant. Because his father, abroad on royal
service, was Spanish, so was he. Furthermore, Ignacio himself was employed
in the same ofce and his attachment to the Spanish community was demon-
strated by his membership in the Spanish confraternity of Rome, with which
he credited the same possession [of nativeness] and proved his wish and
intention to retain and conserve it. Upon his request, Ignacio was declared
native.
Being eligible to rights and obligations in the kingdom was, therefore, inde-
pendent of formal declarations and of formal circumstances, such as birth and
descent. People were natives or foreigners by virtue of their internal decision to
be a permanent member of the community. This decision was assumed in the
case of natives who continued to live in the jurisdiction. After all, natives
naturally loved their place of birth. Yet an internal decision could also be
deduced by observing the behavior of foreigners who resided in Spain or
natives of Spain who left it. The idea that integrated foreigners underwent a
conversion that truly effected their nature was clear in their designation as
natives rather than naturalized. Their nativeness, it was said, was con-
stituted by the passage of time (mediante el tiempo) or simply by prescrip-
tion (naturaleza por va de prescripcin).
People living in seventeenth-century Castile and eighteenth-century Spain
requested formal declaration that they were natives when they feared conict
76 Naturaleza: Community of the Kingdom
or were experiencing one. Among them were natives who were suspected of
foreignness. In 1624, Guillermo Bequer explained that although according to
the law he was native, he did not dare to act as native because of the contin-
uous hustle he suffered, as well as his designation as a foreigner. Joseph
Larrugia asked to be declared truly Spaniard (verdadero espaol ) in order
to prove to his colleagues of the Order of San Juan that he was worthy of an
ecclesiastical benece. Other people who requested to be formally declared
natives were foreigners who, having been naturalized in Spain by way of
prescription, found it necessary to obtain also a formal declaration. Juan
Olavide, born in France, arrived to Spain as a child in 1746. He completed a
university degree in Alcal and became a candidate (opositor) for a fellowship.
Those competing with him raised the issue of his foreignness, which would
make him ineligible. Although the university rejected these claims, these pre-
cedents did not diminish his fear that he would be unable to receive ecclesiasti-
cal benece in these kingdoms unless he proceeded to request a formal declara-
tion that he was native. Nor is he assured by the fact that his brother Miguel de
Olavide, who lives in Lima, was allowed to trade in the Indies. He had spent
so much money in his academic degree that it would be highly prejudicial to
him if he had to abandon the Spanish kingdoms. Furthermore, abandoning
these kingdoms would be impractical, since he was so connaturalized in them
and would have difculty in any language other than Spanish. Juans re-
quest was granted on the grounds that he virtually grew up in Spain. Antonio
Mara Benchi wished to obtain a formal naturalization so that no one will
ever consider him a foreigner. Faustino Borgnis explained that he was al-
ready connaturalized in Spain, and now all he required was a formal declara-
tion of this fact.
parties (the king and kingdom) were willing to modify the agreement, the king
requesting permission to naturalize foreigners and the kingdom acceding, they
could not do so. As a third party, any individual living in the kingdom could
make a claim against such a modication and compel the king and kingdom to
enforce the original agreement. The Recopilacin de Castilla recognized this
right, setting the rule that we [the kings] order and give faculty to all and each
one of our subjects and natives that they may oppose and resist on these issues
[naturalization], because this opposition concerns the privileges and honors
and it guards the preeminence of the king and patria.
Although the kingdom and the cities with a vote in parliament argued
against royal naturalization policies in the seventeenth and eighteenth cen-
turies, they did not once invoke the need to change the denition of nativeness
and foreignness. Implicitly, they accepted the idea that foreigners could be
transformed into natives through their activities, which proved their loyalty.
What they rejected was the notion that foreigners who were not integrated in
the community could be given the rights of natives solely because the king
wished it so.
This willingness to accept foreigners naturalized by integration and to reject
those naturalized by the king can also be seen in the fact that when the king
naturalized integrated foreigners there was little or no challenge at all. For
example, in 1783, there was general agreement that Antonio Krasa merited his
letter of naturalization as he had resided in the court since 1772, preaching
and hearing confession in some six different languages as well as teaching
music. The same thing was true of Angel Saviana, who served as a chaplain
rst in Naples, then in Barcelona. He was well known in the jurisdiction and
was famous for the number of Protestant heretics he converted to the Cath-
olic faith. By the same token, conict was especially intense when candidates
for royal naturalization clearly lacked an attachment to Spain, either because
their residence in the jurisdiction was deemed temporary or because they
resided elsewhere.
The conict between the king and the kingdom regarding naturalization
policies encouraged royal ofcials to develop a clearer distinction between
naturalization by integration (prescription) and naturalization by royal grant.
This distinction became a standing feature of eighteenth-century political de-
bates and was now advocated by both the kingdom and the king. The cities
with votes in parliament used it to distinguish between foreigners who were
worthy of naturalization (by integration) and those who were not (by royal
letter). Royal ofcials used it to establish when the kingdom could oppose a
candidates naturalization. Approval of the kingdom to depart from the terms
of the tax agreement, royal ofcial argued, was required only in cases where
Naturaleza: Community of the Kingdom 79
The degree to which legal traditions could circumscribe the power of the
king to dene the community was reafrmed in other ways as well. In 1707
16 the Aragonese kingdoms were subjected to obedience to Castilian law. One
of the most important measures included in this reform was the unication of
many communities of natives (natives of Castile, natives of Aragon, and so on)
into a single community that was dened according to Castilian law. Castilian
traditions determined who was a native of the kingdoms of Spain, and Cas-
tilian practices, such as requesting the permission of the kingdom to naturalize
exceptional foreigners, were implemented in non-Castilian kingdoms, where
foreigners were now identied as natives according to the Castilian doctrine.
Yet, despite royal wishes, in the years following its enactment, the formation
of this united community ran into problems. Ecclesiastical beneces, for ex-
ample, were regulated by both local and papal legislation. In Catalonia, the
monopoly of natives was embodied in local legislation, which recognized the
principle of reciprocity. Foreigners, it stipulated, were excluded from beneces
only as long as their countries of origin followed the same policy with regard
to Catalans. Under these circumstances, the creation of a single community of
Spanish natives posed no particular challenge. Such a community could be
established either by changing the Catalan laws (which depended on local
legislation) or by stipulating thatnow that Catalans could hold beneces
anywhere in Spainother Spaniards should be able to do the same in Cata-
lonia. The situation in Aragon was similar and posed no problems. In Valen-
cia, however, the exclusion of nonnatives from ecclesiastical beneces won
papal approval. Because the exclusion was embodied in papal legislation,
neither the king nor the local authorities could modify it. Nevertheless, Valen-
cias legal arrangements recognized the principle of reciprocity. Consequently,
although the law itself could not be modied, its practical effect could, by
making sure that natives of Valencia would be allowed to hold ofces through-
out Spain. In Majorca the restrictions were based on papal bulls, which did
not include the principle of reciprocity. This meant that there was no mecha-
nism allowing the king or the local authorities to intervene in the status quo
and end the monopoly of natives. In spite of the application of Castilian law
on the island and the royal wish to end the coexistence of various communities
of natives in Spain, natives of Majorca would remain the only ones allowed to
hold ecclesiastical beneces in the jurisdiction. Because of reciprocityrecog-
nized elsewhere in Spainthey would also be barred from exercising similar
privileges in the other Iberian kingdoms.
Candidates for ofces who suffered the consequences of this arrangement
lamented this conclusion. Natives of Majorca were isolated geographically by
the sea that separated them from the Spanish mainland. Tied to an island,
82 Naturaleza: Community of the Kingdom
which they rarely left, Majorcans falsely believed that other Spaniards were
different from themselves. They were convinced that if they ever left their
homes monstrous things would happen to them. Majorcans were like a ca-
daver: instead of allowing a natural circulation in their community and en-
couraging mutual correspondence and participation with other Spaniards,
they were left on their own, without the stimulation of exchange. The isolation
of Majorca was also distasteful to royal ofcials. The representative of royal
interests ( scal ) in the Council of Castile believed that the good of the state
required that all differences between Majorca and the rest of Spain imme-
diately cease to exist. Linguistic differencesMajorca being a Catalan-
speaking regionwere insufcient to justify excluding Castilians from eccle-
siastical beneces. On the contrary, linguistic differences justied forcing a
Castilian presence on Majorca as this presence would guarantee that the lin-
gua franca of Spain would nally be used in that region.
These difculties could be resolved only by moving away from the monop-
oly on ofce and focusing instead on the community for whom ofces were
reserved. In Catalonia, the eighteenth-century royal decrees were interpreted
as a measure of collective naturalization that converted all non-Catalan Span-
iards into Catalans. It was as Catalans rather than as Spaniards that
these people could now obtain beneces reserved to natives. In Aragon, a
different interpretation was used. The turn-of-the-century decrees did not
abolish the monopoly on ofce holding, but rather changed the denition of
the community enjoying its protection. Whereas the previous community
included only natives of Aragon, the current community was composed of all
natives of all Spanish kingdoms. In 1772, similar arguments were made with
regard to Majorca. Although one could not modify the monopoly on ofce
holding as practiced in the island, one could claim that the community pro-
tected by it had changed. According to Castilian law, now in force in Majorca,
there was only a single community of natives in Spain. As a result, ofces in
Majorca should indeed be reserved to natives, but nativeness should now
embrace all Spaniards of all kingdoms.
and needs: Although it is true that many of these merchants are Irish in ori-
gin, although they enjoy all privileges as if they were of this country, they
are angry when one considers them Spanish. These foreigners, it was
now claimed by intellectuals, local communities, and merchant associations
throughout Spain, enjoyed the best of all worlds. As outsiders, they were
exempt from tax payment and from subjection to the local authorities and to
most restrictions on trade. As permanent residents, they were treated as
natives and enjoyed all that Spain had to offer. In the words of the junta of
commerce and agriculture of Valencia:
[They] participate (though they do not want to admit it) in the same benets
as the natives in the interior of this kingdom, and even if they do not achieve
other benets than that of coming to the kingdom with a humble and low
beginning, working their way up in prejudice of your vassals, who if it were
not for them would have done the same and taken this work, it would seem
that this would be sufcient in order to have them happily embrace the funda-
mental laws of this kingdom and obey blindly your soft and sovereign pre-
cepts. On the contrary, Seor. They resist them with all their forces and they
do not omit any measure, even the most irregular, in order not to obey them.
Resentment was accompanied by the demand that those beneting from priv-
ileges be induced to comply with duties: May the clear and happy day come,
Seor, in which the old and ourishing commerce of our Spain be reborn; may
foreigners come to Spain, merchants, artisans, and the hard-working, and they
will subject themselves to our laws and to the obligations of the state and enjoy
with us the benets. Indeed, reason and good political maxims state . . . that
he who participates in the benets of the republic, must also participate in the
obligations. Foreigners should be allowed to come to Spain and should be
admitted as other members are to the pastureland and other communal prop-
erties. They should be able to hold public ofces and participate in the local
militia. Yet in return, they must obey Spanish law, declare their allegiance to
the Spanish monarch, and pay taxes.
The opinion that Spanish practices favored foreigners at the expense of
natives encouraged the crystallization of a distinction between extranjeros
transeuntes (transient foreigners) and extranjeros avecindados y arraigados
(integrated citizen foreigners). This distinction, formally elaborated in 1716
by the junta de extranjeros (a dependency of the Council of State) in order to
dene its jurisdiction, was now used to identify people who despite their
foreign origin were natives. It established the rule that transient foreigners
would enjoy the fuero de extranjera and would be treated as aliens, while
integrated citizen foreigners would be compared to natives in both privileges
84 Naturaleza: Community of the Kingdom
and obligations and would be considered vassals of this crown and subjects
to the status and laws of Spaniards. Among integrated citizen foreigners
now considered nativeswere people who received naturalization letters or
who were born in Spain. Also included were foreigners who had converted to
Catholicism in Spain (which was equal to a spiritual rebirth in Spain), had
established a domicile there, had received citizenship (vecindad) in a Spanish
local community, had married a Spaniard, had bought property, had worked
as an independent artisan or retail merchant or were employed in honorary
posts (all of which were theoretically reserved for natives of the kingdom), had
acted as vecinos using municipal property, had resided in Spain for more than
ten years with an open house, or had, according to common or royal law,
obtained nativeness or citizenship (vecindad) in Spain. These people shared a
common behavior indicating that they wished to establish permanent ties with
the Spanish community. In some cases, this behavior included a formal admis-
sionfor example, the acquisition of naturalization or citizenship letters. In
others, it was implicit in the candidates behavior. Candidates who acted as a
citizens of local communities by using the communal pasture, for example, or
as natives of the kingdom by holding ofces reserved to natives, could be
declared natives because they acted as citizens or as natives.
The 1716 instruction followed the rules of the traditional Castilian pre-
sumption regime. It explained the circumstances under which foreigners
would be recognized as natives, circumstances it adopted rst for administra-
tive purposes (to dene the jurisdiction of the junta de extranjeros in 1716)
and then throughout Spain (in order to distinguis natives from foreigners in
the second half of the eighteenth century). This system replicated the duality of
formal declarations, on one hand, and implicit categorizations, on the other.
Formal declarations included letters of naturalization and letters of citizen-
ship. Implicit categorizations were based on the activities of each candidate
that theoretically demonstrated his decision to become a member. Citizenship
in a local community was formally instituted as a mechanism of conversion
that allowed foreigners to become natives. Indeed, independent of their origin
and descent, people who were citizens of local communities, through either
formal or implicit means, were now by extension clearly natives. The 1716
ruling thus formally acknowledged the existing relationship between vecindad
and naturaleza.
In the second half of the eighteenth century, and coinciding with the above-
mentioned complaints about foreign residents who refused to comply with the
duties of Spaniards, the 1716 instruction became a powerful tool. Instead of
waiting for foreigners to afrm their integration in the community either by
requesting their naturalization or by simply exercising the rights of natives,
Naturaleza: Community of the Kingdom 85
beginning in the 1750s the authorities, using the criteria established in 1716,
proceeded to classify aliens on their own initiative. Motivated by the wish to
facilitate knowledge of who was who, and who was worthy of which treat-
ment, they ordered local authorities to elaborate lists of both transient and
domiciled citizen foreigners. The central authorities hoped that, after the
lists were complied, it would be possible to ensure that each person received
the treatment he deserved. True foreigners (transient aliens) would be ex-
cluded from the rights of natives, and natives (integrated citizen foreigners)
would be forced to comply with the duties that corresponded to them.
The idea that transient aliens could be distinguished systematically from
integrated foreigners was easy to conceive but hard to apply. The complexity
of the question came to light when the local authorities attempted to elaborate
the desired lists. The foreign community in Spain refused to cooperate with
this effort and denounced the measure as tyrannical. Many foreigners of long
standing wished to conserve their status as aliens and refused to be treated as
vassals of Spain. Juan Bautista Valerino, a municipal judge (alcalde de
barrio) in Seville, claimed he had no domicile in the city. Antonio de Arbone,
who was a member of a local dynasty of foreign merchants and served as the
French consul, also pretended to reside in the jurisdiction only temporarily. In
Orn, Juan Pedro Prats, who was married to a Spaniard, had fathered ve
children, and had a retail shop and a house, declared his wish to remain vassal
of the French king and to be considered a transient foreigner. Others who had
only recently arrived to Spain claimed that they were integrated and thus
natives. A third group of foreigners moved between one position and the
other. Miguel Charles and Pedro Constayns claimed they were citizens when
they petitioned their admission to the local guild, yet they insisted they were
transients when they were asked to pay taxes. In Valencia, French mer-
chants who were members of the local guild suddenly requested to be classied
as transients.
Perplexed, the local authorities wrote to the central administration in Ma-
drid. Were they obliged to examine the circumstances of each case and
decide whether the foreigner was truly integrated or not? Should the presump-
tions enumerated in the decree constitute proof against foreigners, or could
they be contradicted? Was the inclusion in a list evidence for future reference,
or were foreigners allowed to change their minds, alternately requesting dif-
ferent legal statuses? In question was not only the correct classication of
foreigners, but also the adequate denition of jurisdictional spheres. Accord-
ing to the laws, transient foreigners were under the authority of military com-
manders, and integrated foreigners (now considered natives) were subject to
the ordinary local authorities. Disagreement about the classication of people
86 Naturaleza: Community of the Kingdom
explained that the aim of the legislation is that the census will clarify the
doubts with respects to the Frenchmen [the largest foreign community in
Spain] living in Spain, whether they are transitory or naturalized, leaving it to
their own decision on that occasion to chose the concept according to which
they would like to be treated, so that after this election they could be treated
with the corresponding distinction according to the class they elected and the
laws of these kingdoms in both the favorable and the unfavorable. The
wish for clarity was such that it justied suspending the power of ordinary
laws (the presumption regime) and allowing foreigners to choose freely the
category to which they would belong. As a result of the new arrangement,
recently arrived foreigners could be recognized as integrated if they formally
requested it, while, in some cases at least, established aliens could maintain
their foreignness.
Not all Spaniards welcomed this reality. After reviewing the case of a
Frenchman who declared himself a transient foreigner, the local judge (teni-
ente) of Seville expressed his bewilderment and requested the Council of State
to reexamine its policies. It could not have been the royal intention, he wrote,
to allow foreigners to classify themselves as they chose. It was the authorities
duty to decide who was a native of Spain and who was not, and in their
decision, the authorities had to follow the traditional presumption regime.
Although this regime gave some value to the foreigners verbal expressions,
verbal expressions were never sufcient on their own. Oral claims had to be
veried by external facts. Any other solution was inconceivable. It was utterly
unthinkable that foreigners could determine who should be considered a na-
tive of Spain and therefore vassal of the Spanish king. Such a matter was for
Spaniards to decide. Furthermore, the lists were originally created because of
the wish to no longer permit foreigners to freely choose their status. The lists
aimed at identifying foreigners who, by virtue of their behavior, were indeed
natives, forcing them to act as natives, thus ensuring the rights of both com-
munity and king. Adopting a regime based only on oral declarations guaran-
teed the contrary. In short, it was a great novelty, and exorbitant alteration
that must always be avoided.
Similar arguments were invoked by Valencias Junta de Comercio y Agri-
cultura in 1773, yet most other people were willing to allow foreigners to
classify themselves. Among other things, they hoped that this autoclassi-
cation would allow useful foreigners to integrate into the Spanish commu-
nity. It was in Spanish interests, the royal councils argued, to dene nativeness
in the widest possible way, as this would open the community to benecial
newcomers. The more people classied as integrated foreigners and thus na-
tive, the better the situation in Spain would be. Indeed, by the 1770s the
88 Naturaleza: Community of the Kingdom
intolerable was the presence of people who enjoyed the benets of residing in
the community but who refused to act as true members of it, that is, accept its
obligations.
The late eighteenth-century passage from legal presumption to oral declara-
tion changed the balance of power between local communities, the kingdom,
and the king. Under the presumption regime, communities played an impor-
tant role in the acceptance of foreigners into the kingdom. The presumptions
tied citizenship to nativeness and determined that people who were formally
accepted as citizens, or who acted as citizens, were also by extension natives.
Foreigners could become part of the community of the kingdom through an
integration that could be achieved only by establishing ties with a concrete
local community. Under a regime based on oral declarations, admission of
foreigners by local communities was no longer required, and foreigners could
be classied as integrated by declaring their intentions to remain in Spain
before they actually established themselves in the community. At the same
time, integrated alienswho were true members of local communitieswere
allowed to remain foreigners. The fact that by the end of the eighteenth cen-
tury nativeness could no longer depend on citizenship or local integration was
specically stipulated in a 1791 decree ordering local communities to accept as
citizens all foreigners who had already obtained recognition as natives.
Such foreigners-made-into-natives now enjoyed the freedom of all Spaniards
to immigrate and settle where they wished. Rather than making integration a
precondition for their acceptance as natives, their status as natives now al-
lowed these foreigners to claim integration in local communities. Indeed, in-
stead of citizenship giving persons the right to nativeness, nativeness now gave
foreigners the right to citizenship. In short, under the new regime, the inclu-
sion of foreigners in both the local and the Spanish community came to de-
pend only on their wishes, on one hand, and on the kingwho gave them the
power to do soon the other. Once again, the royal administration justied
these developments by presenting naturalization as a royal prerogative. The
king, royal ofcials argued, could change the rules governing nativeness and
naturalization because the conversion of foreigners into natives was a regala,
a faculty that depended only on the monarch: Because of his pure moderation
and justice, the king wanted to grant it [the right to declare intentions]. The
laws of Spain identify foreigners who should be reputed as natives, and the
king could have ordered that foreigners will subject themselves to all payments
and obligations as such . . . which would have been part of is sovereignty, but
he did not. Instead, he allowed foreigners to choose the treatment that they
would receive.
The discussions between the king and kingdom regarding the monopoly on
90 Naturaleza: Community of the Kingdom
Conclusions
The construction of a community of natives rst in Castile and then in
Spain was a long historical process that depended on different interests and
actors. This process involved a concern for ofce holding and the use of eccle-
siastical beneces, and it caused a confrontation between Spanish and foreign
merchants. The same process also created conicts between the king and the
kingdom over issues of sovereignty and the right to classify people as natives
or foreigners. The construction of a community of natives required determin-
ing whether nativeness and naturalization depended on natural law or civil
law, and it brought into light two different understandings of the community:
one perceived the kingdom as a community of the kings vassals; the other saw
the community as made up of individuals tied to one another and to specic
local communities. By the eighteenth century, discussions on nativeness in
Castile were extended to the rest of Spain. This extension was not void of
difculties, precisely because the kings power to change the existing situation
was limited. By that period, confrontation over the identication of people
worthy of ofces and beneces was paralleled by the wish to protect local
merchants against unloyal foreign competition, and the desire to force all
those permanently residing in Spain to act as natives. It was also during this
period that pressure from merchant and local communities alike led the au-
thorities to search for a more straightforward regime that would eliminate
ambiguities and would classify people once and for all. Their success at ob-
taining such a regime was limited. Until the end of the eighteenth century, the
distinction between foreigners and natives was still highly debatable, and in
practice foreigners could act as natives on some occasions and as foreigners in
others.
Initially representing a complex relationship between people, their lord, and
the land, by the early modern period nativeness mainly depended on the estab-
lishment of a relationship between individuals living on the same space. As
Jos Mara Alvarez put it in 1818, nativeness represented the natural inclina-
tion that people who are born or live in the same place and under the same
government feel to one another. This consideration has so much power, that it
perfectly imitates nature: as one can admit adopted children to the group of
relatives, one can also accept foreigners who legitimately established domicile
in the community. Because both birth and residence allowed people to
92 Naturaleza: Community of the Kingdom
gration and not on birthright. The community it portrayed was organic rather
than articial.
Royal interventions were always presented as extraordinary. The king inter-
vened in order to change the existing rules. Yet, his right to do so, and to act on
the margin of communal traditions, was continuously questioned. Contempo-
raries presented society as a natural mechanism that could run perfectly on its
own. According to them, people could be converted from natives into for-
eigners and vice versa without ofcial intervention. A discourse of love was
central to this argument. People naturally loved the community where they
were born, and foreigners could naturally come to love the community where
they resided for a lengthy period and where they had established roots. The
king and the state were external to these processes. They were called to inter-
vene only when problems emerged, and when conict could not be resolved
within the community. In these instances they were requested to declare of-
cially that certain integrated foreigners were already natives, either to enable
them to enjoy rights or to force them to comply with duties. Indeed, it was only
when societys self-regulating and natural processes broke down that royal
action became legitimate. In all other cases, the king and his administration
were expected to do nothing, and their claim that they could and must act
for example, by naturalizing foreignerswas completely rejected.
5
Soon after the Spanish arrival in the New World, the Spanish king began
regulating the relationship between the Old World and this overseas domain. In
a series of laws dating from the early sixteenth century, the crown instituted a
legal monopoly: only natives of the kingdoms of Spain could immigrate, settle,
and trade in Spanish America. Also, only certain certied Castilian ports
mainly Sevillecould maintain contacts with similarly certied American
ports, and only Spanish ships, manned by Spaniards, could travel between
them. In the following decades, the presencedespite these prohibitionsof
foreigners in Spanish America set about an endless chain of royal decrees
demanding that local authorities locate these illegal immigrants and expel them
from the continent. As a result of these measures, whenever people wanted to
immigrate or trade in the New World, and whenever they were included in lists
of foreigners to be expelled, a conict arose that could be resolved only through
their formal classication as natives or foreigners.
The way discussions on the right to immigrate and trade in the New World
contributed to the formation of a Spanish community is to a large degree a story
untold. Many historians have assumed that for purposes of trade and immigra-
tion, nativeness was a straightforward category whose interpretation varied
because of illegal practices or human understandings that permitted a
94
Naturaleza: Spanish America 95
candidates for immigration. Its role was so preeminent that crown ofcials
voiced their disappointment when the guild failed to express its view. This
rarely happened. In most cases, the merchants responded eagerly to their
newly acquired function and, on their own initiative, even produced lists of
foreigners to be expelled from Spanish America. Whenever a persons classi-
cation was debated, individual merchants or the guild acting for them, per-
sonied in the courts, wrote allegations, presented petitions, and did every-
thing possible to ensure that nativeness was acknowledged in people who met
with their approval.
Most parties to the discussion on nativeness in order to immigrate and
trade in Spanish America were thus merchants, and commercial interests
were foremost on their minds. These interests could be local and have as their
goal the classication of business competitors as foreigners. Such a decision
would ensure the competitors expulsion from the Americas or disqualify him
from participating in transatlantic trade. These interests also might include
wider economic concerns, such as the wish to protect the internal market or to
ensure the accumulation of precious metals.
Seville and then proceeded to request recognition as native. But as the six-
teenth century drew to a close, and as the commercial power of foreign (natu-
ralized) transatlantic merchants became evident, this understanding of native-
ness gradually came under attack. Under the continuing pressure of Sevilles
merchant guild, new regulations were enacted, eventually creating important
differences between Castilian and Spanish American practices.
Although the rst indications of this separation in practices were present at
the end of the sixteenth century, it was only in the early seventeenth century
that Sevilles guild was able to achieve important gains. As happened in
Castile during the same period, these gains were tied to negotiations concern-
ing the collection and payment of taxes. In 1591, the guild agreed to collect the
avera, the tax that nanced the military escort for the annual eets from
Seville to Spanish America. This agreement implied that the guild promised
to hand over to the royal treasury a certain sum. Theoretically the guild was
charged with collecting this money, but it would have to pay the sum whether
the collection was successful or not. As was customary under tax farming, the
guild received important concessions in return for its willingness to collabo-
rate with the crown. It obtained jurisdiction over bankruptcy litigation, as
well as a decree that instructed royal authorities to stop granting foreigners
licenses of passage to Spanish America. The guild reasoned that if foreigners
were not allowed to cross the Atlantic, they would not be able to obtain
naturalization by integration there. This would put an end to naturalization
by prescription in Spanish America, as people could no longer acquire rights
by exercising them. It would guarantee the immediate cessation of the in-
tervention of naturalized aliens in the transatlantic trade because foreigners
would no longer be allowed to attain the status of natives.
When the guild refused to take on the collection of avera in 1598, the
crown was forced to contract with a group of individual merchants, a solution
that turned out to be impractical and unfortunate. In 1608, when the guild
was once again willing to administer the same tax, the crown was ready to
make considerable concessions. These concessions, enacted in 1608 and
later reproduced in the main compilation of Spanish American law (Recopila-
cin de Indias), were tied to the denition of nativeness and foreignness in
order to immigrate and trade in Spanish America. At the guilds request, the
king explicitly revoked the sixteenth-century decrees that allowed foreigners
naturalized by integration to immigrate and trade in the New World. The king
then determined that foreigners who wished to be considered natives in order
to immigrate and trade in the Americas would be required to seek a formal
recognition of their status as natives. The Council of the Indies, which received
Naturaleza: Spanish America 99
information from the municipality where the foreigners lived, would grant
this recognition by issuing a letter of naturalization. Before such a document
could be issued, the council had to examine whether the foreigner resided in
Spanish territories for at least twenty years (instead of the ten years required in
Castile), and whether he was married and had a sufcient amount of property.
These modications meant that from 1608 onward the path for implicit and
automatic naturalizationso common in Castilewas no longer available to
those claiming nativeness in order to immigrate or trade in Spanish America.
In their case, it was no longer sufcient to prove their citizenship in a local
community, or to assert in any other way that they were integrated in the
kingdom and thus natives. What was required, instead, was a formal letter of
naturalization. The adoption of more stringent requirements, the merchants
claimed, was essential to the verication of the true intentions of foreigner
merchants. It was common practice among merchants to live in foreign coun-
tries for a prolonged period, to marry local women, and to purchase proper-
ties. As a result, residence, marriage, and property, which in cases involving
nonmerchants were sufcient to ascertain their intentions, were for merchants
almost useless. Furthermore, in the case of merchants, the common assump-
tion was that their residence depended on their trade; once this trade was
completed, they would leave the jurisdiction. Rather than allowing the pre-
sumptions of residence, marriage, and property to work on their own, it was
essential in the case of foreign merchants to institute formal procedures to
verify whether what appeared to be integration was indeed integration. Be-
cause so many foreigners wanted to participate in the Spanish American trade,
and because this participation was considered prejudicial to Spanish interests,
it was crucial to maintain formal procedures to verify the status of individuals
in the Spanish American case. These procedures were designed to guarantee
that only foreigners worthy of nativeness would indeed be allowed to trade in
the colonies.
The merchant guild insisted on the strict application of these new rules, and
its organs and individuals constantly stressed the differences between Cas-
tilian and New World practices. They repeated that in the Americas there was
no need to distinguish transient from integrated foreigners because, in the
Americas, foreigners were either legal because they were formally naturalized,
or not. How different is the law of residence in the Indies, than in the king-
doms of Spain! In the kingdoms of Spain a ten-year residence, marriage, and
the owning of property allow to consider the foreigner a native, nativeness
being introduced by way of prescription when the requisites for it are met. But
in the Indies, marriage, property, and a ten- or even a twenty-year residence do
100 Naturaleza: Spanish America
not produce nativeness. They only produce merits, which allow the king in his
supreme council to grant naturalization by issuing a letter of naturalization,
which is the only way it is possible to acquire nativeness.
The delegation of responsibility on this issue to the Council of the Indies
was typical. The royal administration was divided by councils, each having a
jurisdiction over certain matters or territories. It was thus natural that only the
Council of the Indies could issue letters concerning the New World, and that
letters granted by other councilsfor example, the Council of Castilecould
have no effect in Spanish America. Therefore, foreigners who wanted to be
considered natives in Spanish America had to address the Council of the In-
dies. Their recognition as natives of Spain by, say, the Council of Castile was
insufcient to guarantee immigration and trade rights in the New World.
Although enjoying the status of natives in Spain, in the New World these
people were considered foreigners.
Despite mercantile efforts, the eradication of Castilian naturalization by
integration was only partially successful. There are several indications that the
viceroy of New Spain and the metropolitan authorities exchanged letters on
this issue from 1670 to 1693. The viceroy argued that naturalization by
prescription was still available to foreigners who wished to reside in Spanish
America; the 1608 decision should be applied only to foreigners who wished
to engage in the transatlantic trade. He saw this not only as the correct legal
interpretation of the 1608 decision, but also as a just solution according to the
law of nations, which admitted integrated foreigners into communities. On
this occasion the Council of the Indies disagreed, but in 1680 its members
voted in favor of recognizing integrated foreigners as natives. Responding to
a royal decree that criticized the council for allowing too many foreigners to
naturalize in Spanish America, the council explained that the presence of
foreigners in Spanish America was indeed prohibited, but despite all efforts
many foreigners were able to cross the Atlantic and settle there. Well rooted
in the continent, they married local women, raised sons, and owned property.
According to the council, these factors indicated that they no longer had love
for their motherland, and that they established perpetuity and domicile in
these provinces, so that much of the fear and many of the disadvantages
usually associated with their temporary settlement, ceased to exist.
In the seventeenth and eighteenth centuries the same opinion was held by
Spanish American communities that distinguished between foreigners who
were integrated and trustworthy and those who were not. On different occa-
sions the councils of Santiago de los Caballeros (Santo Domingo), Cartagena
de Indias (Nueva Granada), and Guayaquil (Quito) indeed asked the authori-
ties to allow their foreign citizens to remain on the continent despite the
Naturaleza: Spanish America 101
necessary nor sufcient to achieve ones deserved status. What was required
instead was to prove ones wish to become a Spaniard and to demonstrate
ones commitment to the local community. Following this logic, Luis Vacaya
asserted in 1697 that he was already conaturalized in the community. He
had rendered many services to the crown, more than most other natives did.
He thus demonstrated in his behavior his wish to remain in the kingdoms,
which was the only important fact for deciding his case. Other candidates for
Spanish American naturalization demonstrated that they severed their ties
with their community of origin, and they argued that they were integrated in
Spain. In the words of Valerio Martino, native of Naples and merchant in
Cdiz: Since the rst moment, I resisted participating in the national meetings
of the Neapolitans and contributing to their association, without allowing my
name be included in their lists, and having always behaved as a true Spaniard
in commercial dealings, negotiations, and other activities.
As in Spain, Spanish American naturalization was only a formal recognition
of a situation that had been generated earlier on its own. Rather than convert-
ing foreigners into natives, naturalization veried that certain foreigners were
already integrated and were thus worthy of treatment as natives. This verica-
tion required interpreting the meaning of an external behavior. Again, as in
Spain, this interpretation could be consensual or it could provoke debate. The
House of Trade and the merchant guild often disagreed about how certain
facts should be interpreted and evaluated. In these cases, although formally
what mattered was the interpretation of the intentions of foreigners, the re-
sults also depended on the balance of power between these two institutions, as
well as the role played by the Council of the Indies, royal secretaries, and the
king. On occasion, the king insisted that the decision was his to make. He
demanded a complete and detailed le on each candidate, and he asserted his
independence by stating that he could reject the recommendation of the mer-
chants, the House of Trade, and royal ministers. The merchant guild and the
House of Trade argued the contrary. Contesting the power of the Council of
the Indies and even the king, they attested that only they knew who was
worthy of which treatment. Foreigners requesting naturalization in order to
trade in the Indies were usually well known either in Cdiz or in Seville. The
House of Trade and the guild were thus best placed to examine their petitions
and attest to the true nature of their intentions. Their value as eyewitnesses
was enhanced by their capacity as expert witnesses who knew merchants and
understood them best. Indeed, in most cases, the recommendation of the guild
or the House of Trade was crucial to the success or failure of a petition.
Favorable recommendation by the House of Trade and the guild usually as-
sured naturalization, and disapproval barred it.
104 Naturaleza: Spanish America
Conicts between the king and the merchant guild were not limited to
arguments over who could best understand foreign merchants. At times the
guild pressured the monarch to cancel all letters of naturalization issued to
foreigners they considered unworthy. In the mid-seventeenth century, the guild
claimed that of 126 foreigners naturalized by letters, only 13 met the legal
criteria and only 21 others almost did. The guild was particularly militant
in cases of naturalization issued for services rendered to the monarch or pur-
chased by some means. In 1622, for example, Jorge de Paz de Silvera, a Por-
tuguese merchant, included the receipt of an American naturalization letter as
one of his conditions for lending the crown 1,000 escudos for the needs of the
war in Flanders. Not only did Jorge not meet the legal requirement for natu-
ralization, but when he renounced his intention of using this grant, he re-
quested that it be extended to Domingo de Herrera, a partner of his. The
guild insisted, as did Castilian local communities, that the king could not
admit foreigners to the community at will. It argued that, according to natural
and royal laws, only integrated foreigners were worthy of treatment as na-
tives. Royal ofcials, echoing their response in Castile, were divided about
how to proceed. Some ministers felt that the grant of letters to total foreigners
was so pernicious that the matter was serious enough to justify revoking all
letters given in the past. Other ministers sympathized with the protest yet
recommended against revoking the letters. They determined that letters of
naturalization were a contract between the king and the foreigners and that, as
for all other royal obligations, they could not be withdrawn unless justied by
a compelling public interest. This second group of ministers recommended
that the letters remain in force because revoking them would cause social
upheaval. However, the king should avoid granting similar letters in the
future.
Needless to say, the king continued to issue naturalization letters to noninte-
grated foreigners, and merchant opposition only served to limit the effects of
some of these grants. As in peninsular Spain where four different types of
naturalization existed, in Spanish America naturalization letters often distin-
guished between foreigners allowed only to settle in the continent, and those
allowed to trade. Because the effect of these letters was restricted to the
privileges enumerated in them, Gaspar Escalona y Agero concluded that
foreigners allowed to reside or trade in Spanish America were not eligible for
public ofces or ecclesiastical beneces in Spanish America or in Spain.
Eventually, Spanish American naturalization letters were classied as dis-
pensas, that is, as special letters including dispensation from certain legal
requirements. They were enumerated among gracias al sacar, which were
royal grants allowing people to do things that were otherwise prohibited.
Naturaleza: Spanish America 105
Recipients were charged different prices, according to whether they had all the
required attributes, some of them, or none at all.
In Spanish America as in Spain, the communities and merchants opposed
royal policies and insisted on natural ways for foreigners to become natives.
Whereas the king wished to assert his sovereignty and to push his right to
naturalize foreigners, the communities and merchants argued in favor of up-
holding the traditional regime of integration. Once again, two different mod-
els for the Spanish community were at stake. The rst, advocated by the king,
perceived the community as a collection of vassals. The second, advocated by
the communities and the merchants, presented Spain as an association of
people tied to one another.
The sons of foreigners rejected these claims. They stressed their commitment
to Spain and their worthiness. This commitment depended on their birth,
establishment, and other circumstances that ensured their permanence, having
never known another sovereign, or paid another sovereign taxes, having never
known another patria, domicile, citizenship, or settlement. They have the
prerequisites of birth, establishment, and others, without ever experiencing
that any of them had revoked or returned to the dominions from where his
forefathers came. The Council of the Indies agreed. It stated that the allega-
tions of the guild and the representative of royal interests were absurd, and it
determined that privileges could not be granted on the basis of antiquity in
Spain. No one can prove that he is a descendent of the companions of Tuval,
who because of the confusion of the languages [Tower of Babel] came to live in
110 Naturaleza: Spanish America
Spain, Spain having been so ooded with innumerable nations that even the
most genealogical person cannot boast an origin previous to the Goths, who
came to Spain after many other nations dominated it. . . . Until now, no one had
imagined or thought to form a genealogical tree that would declare his degree
of antiquity in Spain only to obtain license to trade in the Indies.
Ofcial insistence that sons of foreigners were true natives and merited
treatment as such continued through the following decades. In 1774, respond-
ing to a naturalization petition presented by Juan Andrs de Prasca, the Coun-
cil of the Indies declared that Juan Andrs was already a true native. His
nativeness did not depend on formal declarations but arose from the fact that
he was born in Spain, that his father and two uncles had resided in Spain since
1720, and that both he and his father had already obtained Castilian natural-
ization. In doing so, he and his other relatives demonstrated their unwavering
and permanent wish to remain in the kingdoms, a wish that was sufcient to
transform Juan Andrs into a true native.
Litigants and the authorities often lamented the distinction between dif-
ferent types of natives (natives and naturalized or true natives and
other natives) and the construction of two different communities in the New
and the Old Worlds. Most of them, however, pointed out that despite some
differences, nativeness still had the same core meaning in both Spain and
Spanish America. In both places the authorities wished to examine the true
intentions of newcomers, and in both places nativeness was granted to people
who were loyal to the community and who wanted to establish permanent ties
with its members. From this perspective, the differences between Spain and
Spanish America were similar to the variations between the practices of dif-
ferent municipal communities. Although all municipalities in Castile shared
similar notions regarding citizenship (vecindad), each one of them invoked it
according to local needs and understandings, thus bringing about different
consequences. Like some municipalities, the Spanish peninsular community
facilitated the entry of new members by granting them the status of natives
with relative ease in order to encourage needed immigration. Like other mu-
nicipalities, the Spanish American community made procedural requirements
for those wishing to become natives extremely rigorous in order to exercise
control over admissions.
1790, a nancial conict between the Conde de Casa Jijn and his French
employee in Otavalo (present-day Ecuador) was also transformed into an
administrative procedure against the rebellious worker now classied as a
foreigner. On occasion, expulsion decrees were issued against people who
had lived in the jurisdiction for ten, twenty, and even thirty years without
being challenged. And because the activities of merchants were so pre-
dominant in these procedures, nonmerchant foreigners had a better chance of
avoiding these inquiries. Since the same was true of aliens who were willing to
promise not to engage in commercial activities, expulsion proceedings fre-
quently depended on the question of whether certain people were artisans or
merchants. The expulsion of Arturo Alejandro Gordn in 1761 hinged on
whether he was a merchant (to be expelled) or a surgeon (to remain as a
professional in Spanish America). Felix Conforto was classied as a merchant
of silver and gold, but he was allowed to stay in Lima after agreeing that he
would cease commerce in metals.
When individuals included in expulsion rolls contested their classication as
foreigners, a judge of the royal court (audiencia) heard their case. On many
such occasions, it became clear that proofs of foreignness were extremely frail.
They might consist, for example, of the testimony of a single witness received in
a secret hearing. The witness was not required to explain how he came to be-
lieve that the accused was an alien. People were classied according to their sur-
names, appearance, behavior, dress, or speech, and witnesses openly admitted
that their testimony was based on public opinion or simple rumors. Some
employed commonsense presumptions, such as the belief that employees of a
well-known French Huguenot family must themselves be foreigners.
Yet distinguishing natives from foreigners was not a simple affair. Don
Ventura Mario Barriero y Figueroa, who was of Galician origin and a Span-
ish hidalgo, was labeled in 1762 as a foreigner because of the foreignness of
his surname. When he was ordered to leave Peru, he protested to the local
courts: I was born in the city of Cangas in the kingdom of Galicia subject to
the Catholic kings of Spain to parents notoriously qualied and known . . .
both natives of this city. He further claimed that the allegations that he was a
foreigner were an injury to him and his parents . . . since it suspected their
nature and nobility, which was among the best in the kingdom. Bernardo
Garca, a native of Valencia, suffered the same fate because of his foreign
pronunciation of Spanish. Bartolom Guilln, born in San Clemente, was
classied as a foreigner: One does not need, in order to know that he is
French, other proofs than his signature, which he drew on the petition . . .
because it uses a style so foreign, as is his speech, so that in his speech and in his
written-letter he has two conclusive witnesses of his foreignness. In 1764,
114 Naturaleza: Spanish America
Francisco Carte y Linze was included on expulsion rolls because his foreign-
ness is notorious, in the rst place . . . because even though he speaks Castilian,
he does not speak it uently . . . and this lack of vocabulary is typical of those
who have acquired the language in an older age.
All these people were later recognized as natives. In discussing their cases,
the courts, royal ofcials, and litigants were forced to admit that cultural and
linguistic tests were not necessarily helpful in distinguishing natives from for-
eigners. There was in fact no single way of being a native of the kingdoms of
Spain because the Spanish kingdoms each possessed their own culture and
language. Catalans were often mistaken as French, and the fate of those born
in Valencia and the Basque provinces was similar. In fact, even the identity of
some Castiliansfor example, natives of Galiciacould be questioned be-
cause they did not conform to expected habits, linguistic capacities, or other
external traits.
The presentation of a genealogical tree was not a guarantee against persecu-
tion. Ventura Mario Barriero y Figueroa, whose case is mentioned above,
went through long judicial proceedings in 1756 to prove his hidalgua (no-
bility). For that end, he supplied ample proof of his genealogy and place of
birth. The results of these proceedings were communicated to the local mer-
chant guild, but only ve years later, in 1761, and on a basis of a single witness,
he was classied as a foreigner.
Certainty about a persons nativeness was very hard to establish, and people
suspected of foreignness, third parties, and the authorities all suffered the
consequences. Foreigners could be treated as natives because no one suspected
they were aliens, and true natives could be wrongly accused of foreignness.
In some cases, public opinion classied the same people as both native and
foreign. In 1795 Buenos Aires, different people who wished to bar Jos Man-
uel Rebelo from the ofce of local judge (alcalde ordinario) classied him as a
foreigner. On that occasion the local authorities explained that Jos Manuel
was elected to ofce because no one suspected that he was a foreigner. The fact
that other foreigners had exercised this ofce was irrelevant, since they were
able to do so only because they were considered natives. Indeed, on many
occasions the authorities confessed their permanent confusion: Finding out
truth in this matter is very difcult, as in the Indies very few or none of those
wishing to remain there confess that they are French, English, Dutch, or of
another nation, instead, they say that they are Castilian, Andalusians, Navar-
res, or from Vizcaya, and they are careful to change their names, in case their
patria is ever examined.
But how could one prove ones nativeness in an early modern world? Most
litigants ended up doing what their detractors did. They enlisted their public
Naturaleza: Spanish America 115
reputation as their aid, and they swore that their condition as natives was a
fact that could not be doubted. Ordered to leave Spanish America because of
his alienness, in 1763 Bernardo Garca protested that despite the contrary
information he was a Spaniard and a native of the city of Valencia. To
back this claim, he presented to the judge commissioned to review his case in
Lima a copy of his license-of-passage to the Americas, which attested that he
was a native of the kingdoms of Spain. The merchant guild of Lima, acting
as an interested party in the proceedings, rejected this proof. It explained that
licenses-of-passage were not a conclusive proof of nativeness because they
were automatically given to all those allowed to sail to Spanish America.
From a formal point of view, the license was not Bernardos; it was issued to
the master with whom Bernardo arrived in the New World. Many foreigners
falsied their names and genealogies in order to receive these licenses, and
Bernardo could well be one of them. The merchant guild explained that in the
hearings it held to produce lists of foreigners, one witness declared that Garca
was not Bernardos true surname, and many others attested that by public
fame he was a foreigner. The guild insisted that the burden of proof was now
on Bernardo, who needed to demonstrate that despite all these indications he
was nevertheless a Spaniard. Bernardo presented seven witnesses before the
judge. Some declared that it was public and notorious that he was a native
of Valencia, as were his parents. Categorizing their information as facts that
needed no proof and could not be legally contradicted ( pblico y notorio),
they protested that it was utterly unthinkable to conclude otherwise. Other
witnesses met him and his parents in Valencia or saw him associate with other
natives of this Spanish kingdom. One attested that he spoke perfect Valen-
ciano, and another reported that his kinsman, who recommended Bernardo,
told him that he was a native of Valencia. The merchant guild remained un-
satised. It classied these proofs as very weak because none of the wit-
nesses present in Lima could actually attest to Bernardos identity, birthplace,
and genealogy. Bernardo had no documents, such as a baptismal record, to
support his claim, and whatever was afrmed by way of public knowledge
could be contradicted by the same knowledge that attested that he was a
foreigner. Nevertheless, the judge declared Bernardo a Spaniard and allowed
him to remain in Spanish America.
Similar discussions took place in other Spanish American enclaves. In 1749
in Buenos Aires, Fernando Arentavegaray attempted to refute allegations that
he was French. He presented three witnesses who attested that they had met
him in Cdiz and that they had always held him (lo han tenido y tienen) to be a
native of either Navarre or Vizcaya. The witnesses also stated that they had no
doubt that he was a Spaniard (espaol ), which is why the House of Trade
116 Naturaleza: Spanish America
allowed him to sail to Spanish America in the rst place. In order to avoid
further complications, the representative of the local merchant community
opted to consider Fernando a native and to allow him to stay in the city.
The nature of the hearing granted to those included on expulsion roll was
unclear. According to the merchant guild, these hearings were administrative
and not judicial. They were granted by way of grace, and the authorities
were not legally required to hold them. This implied that individuals wishing
to contest their classication had no right to due process: they had no right to
be heard, to see the proofs against them, or to claim legal exceptions. Most
litigants, realizing the fragility of their situation, limited their arguments to
proving their nativeness or asking for mercy. Only a few litigants were willing
to confront the guild on these issues. In 1723, Bernardo Coghen y Montefro
refused to defend himself against merchant allegations that he was a foreigner
because, according to him, the merchant guild was not a party to the discus-
sion. Even if it were, the guildrather than hecarried the burden of proof.
Pedro Juan de Ripa adopted a similar line of defense. As he had already proved
his nativeness in the House of Trade, he argued that the merchant guild had
neither the authority nor the cause to force him to prove his status again. In
1764, Francisco Carte y Linze also complained against the practice of placing
the burden of proof on those accused of foreignness: This process attempts to
distinguish foreigners from natives, which cannot be done without proof and
the case cannot be decided according to the opinion of the guild only because
the court had committed errors in the list and included in them many that are
not foreigners. Accordingly, the information supplied by the merchant
guild should be treated as an accusation the guild had to prove rather than one
requiring the so-called foreigner to demonstrate his nativeness.
Conclusions
Spanish American practices were both similar to and different from
Castilian traditions. On both sides of the Atlantic, integration, which was
veried by presumptions, was the main criterion for the conversion of for-
eigners into natives. Also similar was the confrontation between the king and
the community, with the role of the community represented in Spanish Amer-
ica mainly by merchants and the merchant association. This confrontation
involved the questions of whether the community was natural or articial, and
whether its constitution depended on the king or on organic processes of
integration and convergence. Last but not least, in Spanish America as in
Spain, late eighteenth-century discussants expressed a growing frustration
with the presumption regime, which allowed foreigners either to obtain a
Naturaleza: Spanish America 117
status that they did not deserve (in Spanish America), or to act alternatively as
foreigners and natives (in Spain). As a result of these perceptions, demands
were made on both sides of the ocean for the adoption of a clearer system that
would depend on formal declarations. In Spain, this led to the adoption of a
regime that rst codied the different ways people could become natives, and
then allowed foreigners to choose their own status. In Spanish America, the
same demand produced a contrary result. It rst justied the suppression of
naturalization by prescription and the adoption of a regime of naturalization
by formal declaration. It then required that authorities deciding on the natu-
ralization of foreigners go beyond the verication of facts to interpret their
true meaning.
If similarities were important, so were differences. Whereas in Castile the
evolution of nativeness and foreignness was tied mainly to ofce holding and
to debates concerning the sovereignty of the king and the structure of the
community, in Spanish America this process was closely related to mercantile
interests and mercantile agency. These interests and agency were responsible
for the legal modications introduced in the seventeenth and eighteenth cen-
turies. Yet, although in 1608 naturalization by integration (prescription) was
banned, local communities, the authorities, and even the merchants them-
selves continued to tolerate the presence of integrated foreigners. At times,
these foreigners were allowed to remain in the jurisdiction because they were
willing to pay fees (composicin). Yet on most occasions, foreigners were
simply left alone. Foreigners were most likely to be persecuted when they were
wealthy merchants or when their engagement in the Spanish American trade
seemed unfavorable to the ambitions of individual merchants or the guilds. In
these cases, the distinction between natives and foreigners suddenly became
meaningful. The distinction between true natives and other natives also be-
came very important because it allowed the merchants to claim that those
naturalized in Castile were not necessarily naturalized in Spanish America and
it lay basis to the claim that old natives should always be preferred to new
(naturalized) natives. Merchants and mercantile agency were thus crucial in
the identication and expulsion of foreigners. People were classied as for-
eigners even when they were true natives and their inclusion in the list de-
pended more on their wealth and the state of their affairs than it did on their
alienness. Indeed, in Spanish America more than in Spain, the link between
conict or potential conict on one hand, and status verication on the other,
was extremely clear: there was a direct relationship between those ghting to
exclude foreigners and those beneting from this exclusion. Under these cir-
cumstances, the monopolist merchants came up with new ideas on how to
exclude people; those singled out for exclusion responded by defending their
118 Naturaleza: Spanish America
rights. This conversation, often taking place between neighbors and competi-
tors, lasted for two hundred years. It repeatedly utilized a discourse of the
natural love of patria, and it frequently questioned the ability of natives to
trust foreigners. It was in this nexus between natural love (obtained at birth
and reinforced by descent) and elected love (arising from the decision to inte-
grate in a new community), between natural inclination (birth) and choice
(immigration), that Spanish American debates were carried out. In Spanish
America more than in Spain, the right of people to choose their community
was reafrmed at the same time it was repeatedly questioned.
6
119
120 The Other
with foreign and nonvassal Catholics, but that was practically impossible to
achieve in the cases of heretic Christians (Protestants) and non-Christians.
As I will argue in this chapter, the restriction of membership in local com-
munities and in the community of the kingdom to Catholics alone did not
mean that the Spanish community was dened only by reference to religion as
historians have maintained. Although Catholicism dened many of the laws
governing the behavior of Spaniards, and although it embodied in certain
ways the constitution of the Spanish community and state, Catholicism does
not explain the appearance of both community and state. The cases of foreign
Catholics and converso Jews living in Majorca (Chuetas), which I review in
this chapter, demonstrate that Catholicism was indeed essential to the accep-
tance of individuals into the community. It was, however, insufcient.
The second factor that limited natural processes of integration was the idea
that individuals existed as part of groups. Individuals were trusted because
they behaved in certain ways that were acknowledged by the authorities or by
community members. Belief in a persons intentions and trusting in their loy-
alty could depend on individual circumstances, yet, on occasion, belief and
trust depended on group afliation. The belief that natives were naturally
disposed to favor the community of their birth is an example of this practice
(chapter 2). Another example is the treatment accorded merchants or con-
tracted professionals whose residence could not sufciently prove their inten-
tion to integrate into the community (chapters 2 and 5). Although the impor-
tance of membership in a group was admitted in these cases, in other cases
authorities and litigants treated individuals as components of groups yet de-
nied they were doing so. Such was the case of settled Gypsies and converso
Jews living in eighteenth-century Majorca (Chuetas) who were rejected as
citizens and natives by invoking their individual behavior when, in fact, their
behavior was not considered individually but instead was constructed by ref-
erence to their membership in a group whose constituents, it was well
known, behaved in certain ways. The Gypsies, born and raised in Spain, were
classied as foreigners or semiforeigners because by denition they were not
integrated in local communities. Gypsies who were citizens of local commu-
nities found it hard, not to say impossible, to demonstrate that they were
Spaniards. The same was true of Majorcan converso Jews. Because they were
Chueta, individuals belonging to this group were stigmatized as heretics and
were accused of maintaining practices that rejected all association with the
local community.
Through the Gypsies and the Chuetas we can also examine the degree to
which integration in a local community was essential to the classication of
people as Spaniards and foreigners. The importance of integration is further
The Other 121
Religion
Early modern Spaniards envisioned themselves rst and foremost as
Christians. This vision found expression in the adoption of Catholicism as a
political theme by kings who called themselves Catholic, a label carried by
all Spanish kings beginning with Ferdinand and Isabel in the fteenth century.
The Spanish crown instituted the protection of the true faith as a social
idealas expressed by the reconquest and the military ordersand fought to
preserve and augment the Catholic world. The importance of Catholicism to
the construction of Spain justied the persecution of religious minorities and
the rejection of heretics. For early modern Spaniards, Catholicism was a cul-
ture and an identity: Religion is the tie of human society, and it sanctions and
sancties the alliances, the contracts, and even the society itself. Religion
supplied Spaniards with a moral code, a prescription for behavior, and a key to
understanding the world. These codes, behaviors, and understandings were
shared with Catholics outside Spain and thus allowed Spaniards to feel con-
nected to a wider community. Spaniards frequently asserted that apparent
cultural, linguistic, and behavioral differences between themselves and foreign
Catholics were inconsequential. What mattered was not what separated Cath-
olics from one another, but what united them. Church institutions encour-
aged the creation of this pan-Christian community and supplied a common
patria (the city of God), a common structure (the church), and a common
bureaucracy (clergy and orders).
The fact that the community of Spanish natives was by denition a Catholic
community was rarely discussed. It was so obvious to contemporaries and so
consensual in nature that there was no need to spell it out. Protestants could
not reside in Spain or Spanish America unless special privileges allowed it, and
in these cases they were tolerated rather than integrated. No matter how long
they resided in the community, they were external and their presence was
122 The Other
Some petitioners suggested that their Catholic faith made them immediate
members of the Spanish community because the Spanish community was rst
and foremost a community of faith. Accordingly, the laws that declared them
natives of Spain simply recognized their previously existing condition as
natives by virtue of Catholicism. As a result, they were true and original
natives, rather than naturalized foreigners, which meant that they should be
able to immigrate and trade in Spanish America (chapter 5) and not be re-
quired to choose status as transient or integrated citizen foreigners (chapter 4).
The Spanish authorities, courts, and merchant guilds rejected these claims.
They asserted that persecuted Catholics were naturalized in Spain because
Spain in Europe wished to guarantee that Catholics could freely practice their
religion; however, this naturalization did not make them ascribed members of
the community. Persecuted Catholics who wanted to immigrate and trade in
Spanish America needed a Spanish America naturalization letter and, if they
wished to continue their residence in Spain, they had to choose whether they
wanted to be treated as integrated or transient foreigners.
Although Catholicism alone was not sufcient to turn foreigners into na-
tives, not adhering to this faith could bar people (who otherwise would be
considered natives) from integrating into the community. One example is the
status of converso Jews living in Majorca. In the 1770s members of this group,
also called Chuetas or de la calle (of the street) addressed the royal council in
Madrid and requested an end to their isolation and discrimination. Accord-
ing to their plea, they were excluded from most ofces and occupations, hon-
ors, and privileges enjoyed by all loyal vassals and native Spaniards. This
discrimination was motivated by their classication as Chuetas, a classica-
tion that alluded to their Jewish origin. The Chuetas insisted that they had been
loyal vassals of the king and good Christians since 1435, the year their fore-
fathers converted to Catholicism. As had other conversos before them, they
argued that postconversion discrimination must cease. Humanity in its en-
tirety descended from either Jews or Gentiles, and many Spaniards were of
Jewish origin, making it unclear why the Chueta should be treated differ-
ently. Spain had to encourage conversion, and there was no better encourage-
ment than the promise of equality. The Chuetas also asked the king to recog-
nize that they were faithful to the patria, useful to the state, good citizens, and
exemplary in their conduct. In short, as natives of the land and vassals of the
king, they were true members of the community and merited equal treatment.
Asked to give their opinion on this petition, the authorities of Majorca
expressed their opposition and concern. Although the local royal court (au-
diencia) could not justify the discrimination of the Chueta on legal grounds, it
nevertheless explained that anti-Jewish legislation dating from the preconver-
sion period (thirteenth and fourteenth centuries) could be applied in this case if
The Other 125
case. Declaring that both legislation and legal and political theory favored
the petition of the Chuetas, he also explained that all states must strive to unify
their inhabitants and mould them into a single body. In this case, nothing
stood in the way of unication except the aversion of the inhabitants of Ma-
jorca for the Chuetas. This aversion was bad for the state and completely
unjust; it must be immediately reversed. Suspecting that his recommendation
would be bitterly resented, Rodrguez Campomanes suggested a second round
of consultations with the authorities of Majorca. In response to his invitation,
the authorities sent different pleas to Madrid in the following months. The
ecclesiastical chapter and the university requested that the monarch place the
well-being of the local community above that of the Chuetas. They insisted
that the Chuetas were not true Christians and that they could not be trusted.
They also personally attacked the six deputies appointed by the Chuetas to
represent them in Madrid, claiming they were all crypto-Jews.
The pleas for continued discrimination fell on deaf ears. In 1775, Rodrguez
Campomanes claried once again that the discrimination of the Chuetas was
illegal and unjust. Descent was irrelevant to the classication of royal sub-
jects as good or bad: guilt could not be inherited, and individuals could
not be stigmatized by their family genealogy. The discrimination of the Chue-
tas severely obstructed the social, economic, and political progress of Majorca
and had to be remedied for the islands sake. The Council of Castile agreed
with this analysis. In 1778, it condemned the discrimination of the Chuetas as
contradictory to reason, to evangelical and political law and to the well-being
of the state and the city of Palma. It reprimanded the local authorities for
having adhered to their practice for such a long time and for having supported
the popular misjudgment instead of correcting it.
Only two ministers voted against this decision. They did not deny its legal
foundation, but they expressed concern about its political consequences.
Treating the Chuetas as original Christians (cristianos originarios) could
light a violent re and a nonextinguishable hate. This hate, which was
legally unjustiable, was nevertheless socially understandable. The Chuetas
promoted it by continuing their heretic practices and by mocking Christianity
and Christian dogma, and also by their exclusionary social practices. They
separated themselves from the rest of society and acted as an independent
corporate body. Their transformation into truly good and useful citizens and
into true natives could be achieved only by breaking their internal solidarity
and by forcibly integrating them into mainstream society. The two ministers
suggested that the Chuetas should be resettled all over Spain, allowing a maxi-
mum of two families per community. They further stated that, once the Chue-
tas fully integrated into local communities, their bad name would automati-
cally die out and their problem would be solved.
The Other 127
to follow this path. Adopting a different approach, they admitted that some
Chuetas might indeed have failed to be good Christians, but they concluded
that the attitudes of the few should not incriminate the whole. Christian atti-
tudes were a question of fact that should be examined in each individual case,
and neither descent nor past conviction was a sufcient indication that all
Chuetas were invariably heretic. Even the two ministers who voted against the
majority opinion refused to surrender to genealogical determinism. Like their
colleagues in Madrid, they believed that, rather than condemned forever, the
Chuetas were correctable. Otherwise, there was no point in ensuring their
dispersal across Spain, no hope that, through integration, their problem
would be solved.
Possessing a defective faith was therefore the rst argument against the in-
clusion of the Chuetas in a community of natives, which theoretically included
only orthodox Catholics. Yet, besides their faith, the Chuetas were also re-
jected because of their internal solidarity ties and their subsequent isolation
from the rest of society. According to the allegations of the local authorities,
despite being born in the city and continuing to reside there, the Chuetas
were not truly integrated. Instead, they constituted a distinct group. They
threatened society not as individuals, but as members of a foreign entity.
Whenever admitted into guilds and associations, their union, wealth, and
industry soon dominated these organizations to the exclusion of other mem-
bers. The Chuetas were responsible for their own isolation. Society discrimi-
nated against them only to protect itself, and only in reaction to the Chuetas
exclusionary practices. This was the reason why the two dissenting ministers
proposed to solve the Chueta problem by forcing their integration into
Spanish society by dividing the group and sending them individually to differ-
ent local communities. This perception of the Chuetas as outsiders and for-
eigners was also accompanied by resentment. Constituting a separate group, it
was feared that, if granted the rights of natives, they would dominate society.
They were simply too successful, too rich, and too powerful.
Integration
The importance of integration and the indication that its absence made
people foreigners despite the fact that were born, raised, and resided in Span-
ish territories is especially clear in the case of the Gypsies. Anti-Gypsy legisla-
tion was common in Castile during most of the early modern period. As early
as 1499 and again in 1539, 1586, 1619, and 1633, Gypsies were ordered to
abandon their nomadic way of life and establish a permanent domicile.
From the late seventeenth century onward, Gypsies were also ordered to pre-
The Other 129
sent themselves periodically to the local authorities to register their names and
places of residence, as well as to give information about their families, occupa-
tions, and properties. A general expulsion of the Gypsies was decreed in
1695, and only Gypsies permanently residing in municipalities of at least 200
vecinos and occupied in farming activities were exempt. Local authorities
were charged with overseeing the implementation of these measures, and they
were ordered by the royal administration to conduct regular inspections of
Gypsy places of residence and to collect information about their activities.
Gypsies were not allowed to reside in separate neighborhoods, to use special
clothing, or to speak any language other than Spanish. Any Gypsy caught in a
group of three or more would be sentenced to death unless he denounced his
fellow kinsmen and their activities.
Similar orders were issued in 1717, 1726, 1738, 1745, 1746, 1749, 1783,
and 1784 and were applied throughout Spain. A list of places permitted for
Gypsy residence was elaborated in 1738 and extended in 1746. A ratio was set
according to which a single Gypsy family could be accommodated for each
one hundred (non-Gypsy) citizens (vecinos). Gypsies were also barred from
immigrating to Spanish America. Repeated orders demanded their immedi-
ate expulsion from that continent, alleging that their presence was detrimental
both to the effort to convert the Indians and to the general well-being. Their
potential harassment of the Indians and their possible collaboration with for-
eign nations against Spanish interests were considered especially dangerous.
There were other concerns as well, such as the Gypsys alleged vagrancy and
criminal way of life.
Why were Gypsies treated this way? According to the decrees, the aim was
to ensure that the Gypsies changed their way of life. They were to abandon
their vagrancy, as well as all traits that distinguished them from other mem-
bers of society, such as clothing and language. Instead of allowing them to
maintain their isolationwhich was viewed as self-inictedthese orders
would force them to integrate into local communities and to sever the ties that
connected them to one another. If they refused to do so, they would auto-
matically lose the right to remain in Spain. Gypsies who insisted on main-
taining a separate existence would be incarcerated, expelled, or even sen-
tenced to death.
Who were the Gypsies? According to the seventeenth- and eighteenth-
century anti-Gypsy legislation, there was no Gypsy nation, only the Gypsy
people. If there had ever been a Gypsy nation, either it did not reach the
Iberian peninsula, or its members were no longer there. Instead, in Castile
and in other parts of Spain, it was believed that Gypsiness was taken on
voluntarily by people who sought out a bad life (mal vivir). These people were
130 The Other
ordinary citizens. Born on the peninsula as vassals of the king, they neverthe-
less chose to behave in an antisocial and illegal manner.
The Gypsy community was thus a normal political community. Like
other contemporary political communities, its members had no natural, as-
cribed, or ethnic characteristics that compelled them to come together: Those
who are called and who identify themselves as Gypsies are not Gypsies by
origin or nature, nor do they proceed from any infected root. Instead,
membership in the Gypsy community depended on choice and on individual
adhesion. Paradoxically, anti-Gypsy legislation also appealed to fairness. It
ascertained that it was unfair that the Gypsies, who were an undistinguishable
segment of society, were allowed to adopt an antisocial behavior while other
members were required to remain obedient. It determined that because Gyp-
sies were natives, decency required that they should behave as natives and,
among other things, should pay taxes.
Constructing Gypsiness in this manner undermined societys role in stig-
matizing the members of the group. Gypsiness, the laws stated, was a self-
appropriated denomination. The identication, isolation, and discrimination
of the Gypsies were the sole responsibility of the members themselves. If and
when individual Gypsies stopped behaving as they did (a thing the decrees
wished to obtain), their Gypsiness would automatically disappear and they
would be integrated as full members of the community.
Despite its internal coherence, this denition of Gypsiness clashed with
reality. Eighteenth-century administrative correspondence and judicial rec-
ords continuously admitted this fact by making abundant reference to good
Gypsies, who were citizens of local communities. Were these people really
Gypsies? Should the restrictive measures be applied against them? What could
good Gypsies do if they wished to avoid prosecution? As the eighteenth
century drew to a close, two answers emerged. On one hand, people classied
as Gypsies could attempt to prove that, despite their initial classication, they
were ordinary natives. On the other, good Gypsies could claim that because
of their behavior and despite their Gypsiness, they were exempt from the anti-
Gypsy measures.
The reclassication of individuals initially identied as Gypsies was prac-
ticed, for example, in 1745, when several families from Jerez de la Frontera
claimed that by virtue of their citizenship (vecindad) and nativeness they were
ordinary Spaniards (espaoles). Their petition was backed by the local coun-
cil who declared thaton the basis of their occupation as agricultural la-
borers, their usefulness to the local society, their adherence to the general code
of dress, their use of Spanish, and their dissociation from other Gypsiesthey
should be classied as castellanos viejos (old Castilians) rather than as Gyp-
The Other 131
sies. Thus, people who acted as normal Spaniards and who showed no signs
of antisocial behavior were indeed Spaniards, or old Castilians, rather than
Gypsies. Similar afrmations were made in other cases. The Moreno family,
for example, had obtained recognition in 1709 that its members were cas-
tellanos viejos, given that they descended from a mixed union of old and new
Castilians, had a permanent domicile, were hard working, and paid taxes.
Nevertheless, under similar circumstances, less fortunate individuals failed to
obtain the desired declaration. In the 1790s, Baltazar Vargas and his family
attempted to establish a domicile in Madrid. When the city council refused to
admit them on the basis of their Gypsiness, they addressed the royal council
and requested a declaration that they were Castilians (castellanos) rather than
Gypsy ( gitanos). As all other Castilians, they were free to choose their place
of residence and citizenship (vecindad), and Madrid could not refuse to admit
them. According to their petition they were Castilian rather than Gypsies
because they were born to parents with domicile and citizenship in Orihuela
(kingdom of Valencia). They were agricultural laborers, born and raised in
that village, where their family had resided for many generations. They were
educated to be good people and were instructed in the mysteries of the
Catholic faith. They later moved to the city of Valencia, where they con-
tinued in the same vein, working the land and being useful members of
society. Always tied to a specic local community, they had no bad repu-
tation, and no one ever considered them Gypsies. In short, since they did
not behave as Gypsies, they should not be considered Gypsies. Their petition
was denied.
Similar decisions were reached in other cases where well-behaved Gypsies
were classied as Gypsies despite their exemplary lives. In many such cases, the
only concession made towards these people was to allow them, as good
Gypsies, to remain in the jurisdiction despite the prohibitions invoked by the
anti-Gypsy measures. Francisco Vargas was a quiet man who had lived in
Villafranca for more than thirty years and was one of two blacksmiths working
in the jurisdiction; he was allowed to stay in the settlement. Motivated by
similar considerations, Velz requested the intervention of the royal admin-
istration with regard to some seventeen Gypsy families whose members were
born and raised in the community. Motril and Cdiz expressed identical con-
cerns and also sought to enable certain good Gypsies to remain in their
territory. In all these cases, admitting that petitioners were indeed hard-
working and law-abiding members of society, both the royal administration
and the local authorities continued to consider them Gypsies. The royal admin-
istration was especially inexible, declaring that communities who wanted to
keep good Gypsies in their jurisdiction would be made responsible for their
132 The Other
behavior. Since it was their personal recommendation that allowed these Gyp-
sies to remain in the territory, they would be accountable for any mischief that
might result. Overwhelmed with the ood of petitions, the royal council set a
general rule: Gypsies who had resided in a community for more than ten years
could remain if the local authorities considered their presence benecial.
Why require a ten-year residence? Why allow Gypsies who had a permanent
domicile to remain in the jurisdiction? In spite of the ofcial discourse that
censured Gypsies for their behavior, customs, and linguistic habits, the most
essential point of contention between Gypsies and non-Gypsies was domicile-
establishment. Gypsies were considered dangerous and external to the
Spanish commonwealth because of their lack of permanent ties with local
communities. Eighteenth-century discussions stressed this point. They stipu-
late that all people must be tied to an identiable community, asserting that no
one can live on his or her own (chapter 2). They argued that local citizenship
was a condition for membership in the Castilian community and the kingdoms
of Spain and that local citizenship implied, by extension, nativeness (chapters
4 and 5). The conclusion that people who were not tied to local communities
such as Gypsieswere necessarily foreign to the community of Spanish
natives was thus immediate. The adoption of a ten-year residency rule demon-
strated this point. According to Castilian and eventually Spanish law, a ten-
year residence was the period required of foreigners before they could be
considered citizens and natives. Thus, as with all foreigners, Gypsies could be
considered natives and be allowed the rights of natives only after they had
resided in the community for a sufcient period.
The Gypsies themselves understood the direct relation between the absence
of domicile and foreignness. In their petitions to acquire the status of cas-
tellanos viejos many of them argued that citizenship and nativeness were the
same thing. They requested recognition as castellanos, even when they had
been born and had resided in other Iberian kingdoms. They also petitioned to
receive local citizenship letters (cartas de vecindad), assuming that once they
were recognized as citizens they would automatically be accepted as natives.
Local citizenship, they argued, was necessary in order to be included in the
constitutions, exemptions, and privileges of the natives of these kingdoms.
Indeed, obtaining citizenship was the only method by which they could guar-
antee their reception as natives rather than foreigners. People classied as
Gypsies also identied Gypsiness with foreignness: the name that they were
given as Gypsies was untrue, because in reality they were not Gypsies since
they were not foreigners. They argued that they were originals of the king-
doms and not of the Gypsy nation. These petitioners stressed that people
were either vecinos and naturales or they were Gypsies: those belonging to the
The Other 133
rst category could not belong to the second and vice versa. Foreign ob-
servers also held these perceptions, which were shared by the legislation, the
royal and local administrations, and the Gypsies themselves. For example, in
1749 the French consul in Cdiz argued that Spanish Gypsies could be consid-
ered ( peuvent tre regards) natives, but he asserted that they were usually not
included in this category as long as they remained vagabonds and practiced
their bad habits.
The idea that Gypsies were both ordinary (although badly behaved) natives
and foreigners persisted throughout the eighteenth century. This duality ex-
plained why well-behaved Gypsies were nevertheless considered Gypsies,
and why Gypsy residencelike all other foreign residencewas tolerated
rather than permitted. During this period, and consistent with the treatment
of other foreigners, Gypsies were identied by way of reputation. Common-
sense standardssuch as, if he associates with Gypsies then he must be a
Gypsywere very inuential. Confusion and cases of mistaken identity also
occurred. This confusion and the uncertainties that naturally arose from the
dependence on reputation led the local judges of Buenos Aires to conclude in
the late eighteenth century that it was impossible to determine with certainty
who was a Gypsy and who was not. Nevertheless, and as happened in the
cases of other foreigners, many people believed that Gypsies could be easily
distinguished from other Spaniards. In 1757, the local judge of Vera expressed
such a belief. He received information that several men with torn and dirty
clothes and dark complexions were seen in the jurisdiction. Assuming that
this description could t only a Gypsy, he then proceeded to look for them
(and indeed found them) in the house of a local Gypsy. Last but not least, like
other foreigners, persons assumed to be Gypsies carried the burden of proof if
they wanted to establish that they were either good Gypsies or not Gypsies
at all. Obtaining recognition as a non-Gypsy did not guarantee the same result
on another occasion. Suspicious individuals, even those who held certicates
attesting that they were castellanos viejos, were required to prove their status
each time an anti-Gypsy campaign was initiated.
Vassalage
Medieval legal thought in Castile distinguished between vassalage and
nativeness. Vassalage was a personal tie created by virtue of mutual consent.
It was based on a pact between the king and his vassals, and this pact could not
be unilaterally revoked. Nativeness, on the contrary, was a political tie that
subjected a person to a jurisdiction. This subjection could be created at birth
without the consent of the interested party, or it could be acquired later in a
134 The Other
in Malta also asserted that their island was reputed to be an aggregated part
of the crown of Aragon, and as a result they were natives of Spain. Luis
Melloni, born in Sardinia, suggested that having been a royal vassal, he was
not truly a foreigner. Instead, by virtue of a certain type of justice and old
memories and because he spoke Spanish, he should be assimilated as a Span-
iard. Natives of the Lowlands also participated in this debate. In the 1720s
they asserted that, as vassals who continuously served the king, they were
true natives of Spain ( propiamente naturales espaoles) rather than natu-
ralized foreigners. This meant that they did not need to naturalize if they
wished to immigrate and trade in Spanish America (chapter 5):
For various centuries they had been vassals of this crown and always won the
rst esteem among all subjects for the special appreciation that earlier kings
had for their country. History books would tell the merits that they had in
halting the violence of their princes, but on this occasion they must mention
the many services that they rendered to the crown in their country and the
only slightly inferior [services] that they had done since in Castile. Their zeal
and service were demonstrated clearly in the happy reign of your majesty,
with the contributions that they had given, as well as in their decision to
abandon their patria and their interests [and come to Spain]. So peaceful and
profound were their relationships with Spaniards, that they were never called
foreigners in this land, and the Spaniards always lived in Flanders as natives.
Although the king and his foreign vassals insisted that an immediate rela-
tionship existed between vassalage and nativeness, the local communities, the
parliament, the merchants, and some royal administrators disagreed. Accord-
ing to them, aliens could not be transformed into natives by royal decree, and
nativeness could not be established solely through ties with the king. Assert-
ing, time and again, that a community of allegiance consisting of all those
subject to the Spanish king and even foreigners subject to his rule did exist,
they nevertheless insisted that this community was not identical to the com-
munity of Spanish natives. The Spanish monarchy included many kingdoms
and was composed of different communities, each with their own constitu-
tions, laws, and natives. Membership in one kingdom did not automatically
produce membership in another. This was the situation as long as the various
kingdoms and holdings were under royal domain, and it was certainly true
after a holding was lost. As a result, natives of Sicily were deemed foreigners in
Spain even when their island was still under royal control, and they clearly
remained aliens after its secession. The fact that the monarch continued to
ceremoniously invoke among his titles that of king of Sicily was irrelevant to
the question. The only thing that mattered were the terms under which
each kingdom joined the monarchy. Kingdoms that were made an accessory
136 The Other
This question became important in later years when these people attempted
to hold ofces reserved to natives, or when they sought the right to reside and
to trade in Spanish America. Natives of Colonia could be considered natives of
Spain by virtue of conquest if their homeland was inserted into Spain and
subjected to the same rights and obligations as other Spanish territories. They
could be considered natives by integration and or by reputation if in the years
following the annexation they acted as natives and were accepted as natives.
But at the same time, they could be considered foreigners if the normal Spanish
American laws were applied. These stipulated that in Spanish America people
could be naturalized only by receiving a formal naturalization letter. In this
case, natives of Colonia would be vassals of the king but not natives of Spain.
Although the authorities invoked the distinction between vassalage and
nativeness and examined the ways these people could be transformed into
natives, the natives of Colonia adopted a different approach. They explained
that their association with Spain was voluntary. Territorial conquest, they
claimed, only implied domain over land. It allowed those living on the land to
chose whether to remain in their old society or to become members of the new
one: No one is forced to subject himself to more than what he had consented,
and a citizen who agreed in a free and independent state to live in a society,
can, if this society changes its nature and submits to a foreign dominion,
abandon it . . . since submission to a foreign dominion ends the social ties and
the obligation that one has with society. In one word, one remains wholly and
naturally free to chose and submit to the empire and domination that he
wishes. Just as natives of Spain who remained in territories ceded to Portugal
implicitly accepted their new condition as Portuguese and freely chose to sever
ties with their community of origin, so did the Portuguese who, of their own
will, stayed in territories ceded to Spain. Indeed, nativeness depended on
choice. It consisted of the willingness to love the community, and people could
choose whether to love one community or another. The theoretical debate
persisted while practical solutions prevailed. The natives of Colonia easily
obtained letters of naturalization in both Spain and Spanish America and were
rarely asked to fulll any requirement aside from submitting a petition.
Conclusions
Religion or vassalage alone were insufcient to transform foreigners into
natives. Although by the early modern period both became fundamental char-
acteristics of all Spaniards, in was nevertheless clear that they were not identi-
cal to nativeness. What made people natives was their integration in the com-
munity. This community had a common faith and a common monarch. Yet
140 The Other
In 1808, the Iberian peninsula was invaded by French troops. The Span-
ish king was forced to abdicate in favor of Napoleon, who instituted his
brother Joseph as the new monarch of Spain. Many Spaniards refused to
recognize Joseph as their king and maintained allegiance to Fernando, the cap-
tive monarch. Adopting early modern contractualist theories to nineteenth-
century conditions, they claimed that in Fernandos absence sovereignty re-
turned to the people and was now to be exercised by local assemblies
( juntas), established throughout Spain and Spanish America. After a short
period of anarchy, during which each junta acted on its own, claimed sov-
ereignty, and refused to cooperate with the other juntas, in late 1808 the juntas
were joined in a single institution, the Junta Central. This was an incomplete
solution to the crisis of government: it was unclear whether the central junta
spoke for the kingdoms of Spain or whether it was only an assembly of juntas
with no sovereign power of its own. Also problematic was the fact that Span-
ish American juntas were not represented in the central junta, which led some
of the New World juntas to claim that they were equally sovereign and need
not obey the instructions of the central junta. Conservatives and royalists in
both Spain and Spanish America, who attested that the only body that could
replace an absent king was a regency, also criticized the central junta. In
1820, as French troops stormed south, meeting little military resistance, and
141
142 The Crisis of an Empire
stated Old Regime structures in both Spain and Spanish America. Some Span-
iards resented these measures, and eventually Fernando was forced to rein-
state the Constitution of Cdiz in 1821. The return to Old Regime structures
also brought about a break with the liberal, autonomy-seeking Spanish Amer-
ican juntas, which in the late 1810s adopted republican forms of government
and declared their independence. The king reacted by sending troops to Span-
ish America and mobilizing the local militias. The war, which is often por-
trayed as a civil war between Spanish Americans, ended in 1826, leaving Spain
stripped of its colonies, with the exception of Cuba, the Philippines, and Pu-
erto Rico. Some areas experienced widespread popular uprisings, and dif-
ferent regions struggled to afrm their sovereignty or even supremacy. Ter-
ritorial fragmentation followed, leading to the creation of new states by way
of pacts between cities and regions.
The literature that analyzes these events usually portrays them as instances
of national afrmation that also marked the transition from Old Regime to
new liberal forms of government. In the Spanish American case, the French
invasion of peninsular Spain in the early nineteenth century and subsequent
developments in Europe initiated wars for national independence, fought
against European Spaniards who were seen as foreign invaders and illegiti-
mate rulers. This view of the European Spaniards was the natural result of the
emergence of a distinct Spanish American identity, an identity reafrmed dur-
ing the struggle for independence. Often called Creolism, it emerged in
many elds, such as culture, language, and religion. Yet it was essentially
social and political in orientation. In the sixteenth and seventeenth centuries,
Creolism was a vehicle through which Spanish Americans expressed their
desire for a greater local autonomy and equality with other Spaniards. In the
seventeenth and particularly in the eighteenth century, it allowed Spanish
Americans to afrm their distinction from European Spaniards. By the early
nineteenth century, Creolism led Spanish Americans to seek their indepen-
dence. Presented as a national or protonational identity, Creolism was used by
the nascent Spanish American states to consolidate their collective identities.
There were several reasons for interpreting Creolism as a national sentiment
in spite of its spread throughout diverse regions of Spanish America. Accord-
ing to the literature, Creolism was an identity automatically given (or taken
this is seldom claried) by people born in the New World. Initially it coex-
isted with a Spanish identity, and indeed Creoles stressed that nothing distin-
guished them from other Spaniards. But by the late seventeenth and eighteenth
centuries, Spanishness and Creolism became antagonistic notions, and Euro-
pean and American Spaniards were placed in opposition to one another.
Initially a local and urban identity, by the early nineteenth century Creolism
144 The Crisis of an Empire
immigrated to Spanish America from Spain and had lived there most of their
lives, shared the local customs, married native wives, acquired properties in
the jurisdiction and who were in all other ways well rooted in the continent.
According to him, these factors indicated that these individuals transferred
their loyalties from Spain to Spanish America. They learned to love their
adoptive community, and this love eventually became as strong, or even
stronger, than their love for their community of origin. Spaniards who had
decided not to return to Spain but to reside permanently in Spanish America
were therefore Creoles. Their decision to do so could be inferred, Teresa de
Mier said, from a ten-year residence in the jurisdiction.
Explained in this way, the distinction between Creoles and European Span-
iards perfectly replicated Castilian and Spanish debates on both local citi-
zenship (vecindad) and nativeness (naturaleza). It attested that status de-
pended, rst and foremost, on individual integration in a local community
(citizenship), and it specied that this integration also transformed people into
members of a larger community (the community of natives). Like all other
foreigners, European Spaniards who immigrated to Spanish America could
undergo a civic conversion. This conversion required that they abandon their
previous condition as European Spaniards and become American Spaniards.
European and American Spaniards were thus placed in opposition to one
another, and individuals were either European, or they were American. Among
other things, this meant that individuals permanently living in Spanish Amer-
ica could no longer maintain their citizenship or their nativeness in Spain.
Servando Teresa de Mier openly confessed this fact when he argued that Span-
iards could be converted into Creoles and Creoles could be converted into
Spaniards and then classied these persons as ones who had naturalized. He
concluded that the Creole community was formed and maintained by the free
association of people. What really mattered was not where an individual was
born, but his decision to associate himself permanently with the Spanish Amer-
ican community.
This idea of transformation was also invoked in a local journal in 1810 in
Buenos Aires. It was then argued that the political community had two types
of members: some members were natural, while others were members by
adoption. Among the rst were individuals born in the province; among the
second were persons who came to Buenos Aires at a later stage. In both cases,
membership required being part of the community and regarding it as ones
own. These attitudes could be demonstrated by giving the community per-
sonal as well as nancial services, observing the local laws and customs, and
respecting the local government. European Spaniards who truly transferred
their loyalty from their community of birth to Buenos Aires would be wel-
The Crisis of an Empire 149
comed as members of this community. Indeed, the patria was not a place of
birth; instead it was a community to which one belonged.
But how could the Creole community be distinguished from the Castilian
community if Spanish America was formally and legally integrated within the
later? The need to create new boundaries and to insist on an independent
Spanish American citizenship and nativeness dramatically inuenced the Cre-
ole discourse. Instead of simply reproducing the existing legal categories, as
early as the middle of the seventeenth century Creoles claimed that natural
law, as well as divine law and the law of nations, distinguished between people
born in one territory and those born in the other, even if by civil law they be-
longed to the same kingdom. Spain was a conglomerate of many different
communities, each with its own laws, institutions, and natives. All Spaniards
were tied to the monarch, but they were foreigners to one another. This reality
persisted even if civil law did not recognize it. The conclusion was clear:
because Spanish America was a territory with its own traditions, laws, and
institutions, it therefore, by implication, had its own community of natives.
Implied in these ideas was the claim that Creoles were no longer Castilians;
they were now instituted as natives and citizens of an independent and distin-
guishable Spanish kingdom (or perhaps various kingdoms; this issue was
never truly resolved). This independent existence was supported by natural
law, and therefore it could not be denied.
Since the power of civil law does not reach the sphere of natural effects, we
experience that sons of the Old Spain are foreign to the New Spain, even if this
is not recognized by civil law. Among these natural effects we include, with
much reason, the love that people have to the land in which they were born
and their lack of care to all others, these motives being two solid principles
that argue in favor of granting ofces to natives and not foreigners. . . .
Although they [European Spaniards] are not considered by civil law for-
eigners in the Indies, the truth is that they did not obtain their nature in them.
They have in the Old Spain, and not in the New, their houses, fathers, broth-
ers, and all that is capable of inuencing the inclination of a man. When they
are exiled to this distant land to serve an ofce, they do not change their
nature, nor do they become insensitive to the impulses with which they were
born. Because of these impulses by necessity they do not lose sight of nor
[discontinue] attention to their own people by being here, and because they
wish to consult and help them (if not enrich them), they regard themselves as
temporary in America, and they wish to return to the quietness of their patria
and the comfort of their home.
freely decide whether to obey the central junta, the regency, or the parliament.
Contrary to accepted wisdom, Spanish Americans were not ghting simply for
equality. During the crisis, Spanish Americans afrmed their uniqueness and
stressed their refusal to follow the path taken by other Castilians. All this
happened without Creoles ever negating their Spanishness. In the words of
Camilo Torres, recorded in 1809: We are as Spanish as the descendants of
Don Pelayo and, because of it, we are worthy of all distinctions, privileges, and
prerogatives as the rest of the nation. Or, as one of the Spanish American
delegates to the cortes of Cdiz proclaimed: We Americans, as sons of Euro-
peans, suckle from birth a love of the peninsula, and since childhood we call
and consider ourselves its children. Its names and the names of its town and
villages sound well to our ears, and we are not only Spaniards, but we are
proud of being ones. As happened before, Spanishness also meant entitle-
ment to ofce. Yet the question of how Spanish Americans could be eligible for
ofces in Spain (as they demanded) while peninsular Spaniards were excluded
from ofces in the Americas was never confronted.
The most problematic aspect of this Creole discourse was found in the ill-
dened borders of the new, natural community it instituted. In some cases, this
community seemed to embody the entire American continent, as the con-
frontation between American and European Spaniards would indicate. In
others, the boundaries enclosed possibly a vice-royalty, a province, or even a
single city. This lack of clarity was possible because the new kingdom was
instituted by natural and not civil law. This allowed those proposing it to
ignore formal denitions and boundaries and to place emphasis instead on the
natural ties that united people who loved one another. Most such ties were
created through daily association and were instituted by residence and integra-
tion in a specic local community. This would indicate that Creolism was a
municipal identity, with a limited extension. Yet love was not necessarily re-
stricted to this local sphere. As I argued in previous chapters, in both Spain and
Spanish America integration in a local community was always, by extension,
an act of integration into larger structures, such as the kingdom. Love of the
local community and citizenship could thus lead to nativeness. But nativeness
of what?
The question of scope thus remained unsolved. This was evident in the
parliamentary debates in Cdiz, where Spanish American delegates disagreed
about what constituted a political unit worthy of representation and self-
government. The boundaries of the new natural community were equally frail
during the Spanish American wars of independence. In some cases, these wars
were not fought against a European power but instead pitted Spanish Ameri-
can communities against one another. Each community struggled to assert
152 The Crisis of an Empire
its autonomy, and in some cases its supremacy. Yet none wanted to be isolated
from the others. While insisting on their natural right to a separate existence,
most Spanish American communities tried to construct the larger political
structures that they considered as natural and normal. This tension between
local aspirations and global constructions, and the belief that beyond the
municipal realm was a wider community to which one belonged, was present
in the colonial period, but it was particularly difcult to manage during the
independence period when the organization of polities was justied by a dis-
course that constructed communities by natural and not civic law, and that
stressed, above all, love and natural ties. Indeed, the early nineteenth-century
disintegration of a once united Spanish America began in the eighteenth cen-
tury with the introduction of what came to be known as Creolism.
ciled in Spain who had never left the kingdom without license and who
when reaching twenty-one years of agehad obtained citizenship (vecindad)
in a Spanish municipality and were exercising a useful profession, ofce, or
industry (art. 21). Naturalized foreigners who wished to obtain citizenship
letters were required to meet one of several conditions: to have brought to
Spain some important invention or industry, to have purchased taxable prop-
erty in Spain, to have established commerce there with their own capital, or to
have rendered services to the Spanish nation (art. 20). Citizenship was re-
quired for ofce holding (art. 25) and in order to participate in elections. The
cortes also dened the right to be represented in the national assembly, as only
citizens were considered worthy of representation (art. 29). Citizenship could
be legally suspended for moral and educational reasons (art. 25), but it could
not be easily revoked. It could be lost only through acquiring another native-
ness (they use the term naturaleza), by living for ve consecutive years outside
Spain without a government commission or a permit, the acceptance of em-
ployment by a foreign government, or following certain criminal convictions
(art. 24).
Whereas Spanishness as dened in Cdiz adopted nativeness as a guide,
citizenship as outlined by the cortes was a new invention that included a
variety of traits. The maintenance of a domicile was still a main consideration,
as was its abandonment, which continued to be interpreted as an act that
terminated the relationship between the individual and the community. Also
important was the traditional idea that people could be loyal to only one
community at a time. Obtaining another nativeness or serving another gov-
ernment were therefore sufcient reasons to revoke an individuals citizenship.
In all these cases, the early modern idea that held certain external acts to prove
the existence of an internal decision was still operative. Abandoning ones
residence and establishing a relationship with a foreign community or a for-
eign government demonstrated (by way of legal presumption) that the citizen
no longer loved his homeland and had established permanent ties with a
foreign community. In early modern terms, he was no longer a native; in
modern terms, he ceased to be a citizen.
The continuity with the past and the association between nativeness and
modern citizenship were noteworthy. Persons born of Spanish parents and
who, according to the Constitution of Cdiz, were worthy of automatic cit-
izenship, would have been referred to in early modern debates as old, legit-
imate, properly original, and true natives of Spain. In these debates,
however, the councils and courts consistently insisted that they were equal to,
not preferable to, all other natives. The status of sons of foreigners, who were
included in the category of Spaniards but whose citizenship depended on the
154 The Crisis of an Empire
contribute efciently with their property and persons to conserve our indepen-
dence. The practical difculties inherent in distinguishing European from
American Spaniards was also invoked: We have used their soil, as they did
ours, we exchanged products, they contributed and obeyed as was requested
of them, we have there and they have here a large ascendance and descendants,
and a common language, interests and religion . . . they are our brothers,
Spaniards of 300 years.
Although this was the majority opinion, some delegates believed that Euro-
pean and American Spaniards did not form part of the same nation. Spanish
Americans were vassals of the same king but not natives of Spain. Once the
monarch was absent there was nothing necessary or natural about their asso-
ciation with European Spaniards. This view was mainly motivated by preju-
dice. At stake was the question of whether the Spanish nation could include
people of color and mixed blood who were abundant in the New World.
The admission of such people, these delegates argued, would introduce con-
fusion into a nation which was homogeneous and without internal rival-
ries. Following the debate, a compromise was reached (October 1810)
according to which the European and American territories were participants
in the same monarchy, and their natives and originals were members of the
same nation.
When the parliament turned to deal with Spanishness and Spanish citizen-
ship on September 1811, the stage was therefore set for the acceptance of
Spanish Americans as both Spaniards and citizens. But which Spanish Ameri-
cans would qualify and according to what criteria? The question had impor-
tant practical consequences. All those participating in the debate were aware
of the fact that the Spanish American population was much larger than the
European one. Therefore, if Creoles, Indians, mestizos, mulattos, and Africans
were all admitted as full members to the community, the majority of Spaniards
would be American.
Spanish Americans who were descendants of Spanish families posed no
problem. During the early modern period Spaniards born in Spain formed one
and the same community with Spaniards born in Spanish America. By deni-
tion, they both equally loved the Iberian peninsula and were both equally loyal
to the monarch. They could therefore be easily admitted as both Spaniards
and Spanish citizens. They were true and original natives of Spain and Spanish
America and, indeed, were always considered part of the community of Span-
ish natives. But what about the Indians?
Since the middle of the sixteenth century it was generally agreed that Indians
were rational human beings and free vassals of the king. As they had con-
verted to Catholicism, theoretically there was nothing to bar themeven
The Crisis of an Empire 157
tions. But how could one deny citizenship to people who descended from
citizens? The solution adopted was to distinguish between mestizos, on one
hand, and mulattos and Africans, on the other. Included in the rst group were
people of purely Indian and Spanish descent. These people, even when they
were mixed blood inherited the rights of their forefathers and were declared
both Spaniards and Spanish citizens. Included in the second group were
individuals with partial or complete African descent. These individuals could
be recognized as Spaniards, but not citizens. They could acquire citizenship
only under special circumstances, which included special services to the nation
or special talents; legitimate birth; marriage to a legitimate wife; the establish-
ment of domicile; and the holding of a useful ofce, profession, or industry.
Why discriminate against people of African descent? During the colonial
period it was generally agreed that, as slaves, Africans lack of legal capacity
prevented them from obtaining citizenship and nativeness. Once freed, their
status remained unclear. Theoretically, Africans were foreigners. They were
vassals of foreign kings and natives and originals of Africa who had no ties
with the Spanish monarch or with the Spanish community. This perception of
Africans as foreigners rst appeared in the sixteenth century, and it persisted to
the eighteenth century. Writing to the king in 1796 to protest recent legisla-
tion that allowed Africans to purchase the status of whites, the city council of
Caracas espoused this idea. Pointing to the their origin as slaves, their fre-
quent illegitimate birth, their ongoing relationships with other Africans still in
state of slavery, as well as to their inferior state, the local authorities of
Caracas expressed their opinion that persons of African descent were for-
eigners. Their loyalty to king and kingdom was doubtful because far from
looking to Spain as the center of their interests, they keep their eyes on the dark
people of Africa (which is where they come from) to patronize them and raise
them against the Spaniards, the authors, so they say, of all their grievances.
The council also suggested that Africans did not contribute to the king and the
city by paying taxes as other citizens did. Since they were unburdened with
duties, they should not enjoy privileges: the mulattos of this province, then,
enjoy the benets of society without contributing a maraved to its revenues
and nances, or to its public and charitable institutions. This has come about
because the laws regulating the conduct of mulattos, making them contribute
and ordering them to pay a moderate tax to the treasury, are completely
ignored, either because ofcials are unaware of their existence or indifferent to
their application, or ignorant of their origin.
The assimilation between Africans and foreigners, which was already sug-
gested in colonial documents, was reproduced in the Cdiz debates. In their
condition as natives of another region, individuals of African ancestry never
160 The Crisis of an Empire
truly joined the Spanish community. Like other foreigners, they were unable
to use their prolonged residence in Spain to transform them into natives.
Residence itself was meaningless unless accompanied by the intention to cre-
ate permanent ties with the adoptive community. As slaves, Africans lacked
legal capacity and could not express a legally binding wish to abandon their
community of origin and become Spanish. As freemen, they failed to do so.
Independent of the decision individual Africans might have taken, it was well
known that Africans were brought to Spanish territories against their will.
Because their immigration was involuntary, their residence in these territories
could not serve as an indication (presumption) to their intentions. Neither
could their behavior as Spaniards or as citizens. In short, Africans and their
descendants lacked both the legal capacity and the (presumed) will to be
naturalized in Spain and Spanish America. The king always wanted to main-
tain separate this foreign caste which proceeds from different parts of Africa,
either Muslim or pagan from other classes of Americans, and without allow-
ing it even the minor access to ofces and civic decorations. He prohibited the
bishops from exempting them of the impediment they had to hold ecclesiasti-
cal ofces, and they were incapable in summary to a legal naturalization, or
obtaining the title of citizen. In this way, our kings used the faculty that all
nations have to x on foreigners who were introduced into it restrictions and
impediments which lead to the best order and security. Indeed, although by
virtue of birth and domicile Africans could be recognized as Spaniards, they
could not be included among Spanish citizens.
The argument equating Africans with foreigners rst appeared during the
discussion on the right of Africans to be represented in the national assembly
(cortes). On that occasion (January 1811), some of the delegates who opposed
this concession cited examples from other European countries, but all these
examples dealt with the treatment of foreigners. Africans were designated as
foreigners again in August 1811 during the debate on the status of freed slaves
who, according to article 5 of the constitution, would become Spaniards upon
their emancipation. One delegate expressed his surprise: it was insensible, he
determined, to ask foreigners to comply with a ten-year residence before al-
lowing them to naturalize, yet to admit Africans to Spanishness immediately
upon their freedom. Africans should not receive preference because, unlike
other foreigners, they had never manifested their wish to come to Spain and
Spanish America. Their immigration was carried out against their will, and
before they were admitted to the nation, the nation must verify that they
indeed loved it sufciently, and that they were willing to subject themselves to
its laws. Freedom in itself was not a sufcient guarantee because it gave no
The Crisis of an Empire 161
deprived them of their natural patria would give them an adoptive one. A
third group of delegates stated that it was utterly unthinkable that African
descent would be waived in cases of complete foreignerswho were never
asked about their genealogybut would hinder (true) Spaniards from obtain-
ing citizenship. A fourth group suggested that, from a practical point of view,
distinguishing between individuals of African ancestry and all others was an
impossible task. This practical concern brought about the only modication
introduced in the article following the parliamentary debate. Whereas the
original project spoke about individuals of African origin, the nal text
included individuals reputed and held to be of African descent. This modi-
cation was introduced largely because it was feared that unless citizenship
was tied to reputation rather than to hard facts, all Spaniards would have to
prove that they had no African blood in order to obtain citizenship. The ghost
of the limpieza de sangre debates reappeared. But relying on reputation, other
deputies said, was just as problematic.
This parliamentary discussion demonstrated that the solution adopted
recognizing Creoles, Indians, and mestizos as both Spaniards and citizens and
granting individuals of African descent the status of Spaniards but not of
citizenscould be legally justied as much as it could be legally rebuffed.
Based on early modern discussions of vecindad and naturaleza, these debates
allowed different and often contradictory interpretations. As happened be-
fore, the interests at stake conditioned the interpretation adopted. At the end
of the day, the inclusion of Spaniards and Indians and the exclusion of Afri-
cans was a compromise adopted to avoid a direct confrontation between
European and American Spaniards, as well as between conservatives and lib-
erals. It ensured that the bulk of Spanish citizens would still reside within the
connes of the Old World. It established an apparent equality between Spain
and Spanish AmericaAfricans of both jurisdictions were equally discrimi-
nated againstyet it clearly favored the Spanish European population whose
memory of African slavery and African origin was extremely dim.
The Cdiz discussions also demonstrated that legal theories could be em-
ployed to justify what were in fact racial and ethnic prejudices. The delegates
were aware of these issues, and many of them openly stated that, whether
natives or foreigners, Africans were simply inferior to both Europeans and
Indians and were unworthy of citizenship. Indeed, as happened in the cases
of the Gypsies and the Chuetas, Africans could be excluded from the commu-
nity because of their condition as members of a group rather than as individ-
uals (chapter 6). As members of a group their wishes could be inferred by a
society that, independently of its declared intentions and ignoring the usual
emphasis on personal choice, simply refused to treat them equally.
The Crisis of an Empire 163
Conclusions
In both Spain and Spanish America, the distinction between permanent
members and transient foreigners remained operative in the late eighteenth
and early nineteenth centuries. In both Spain and Spanish America, this dis-
tinction dened the boundaries of new communities and distinguished insiders
from outsiders. In Spanish America, these boundaries were dened in order to
exclude European Spaniards and to institute the community as an indepen-
dent kingdom or kingdoms within Spanish structures. In Spain, the same
boundaries were used to afrm the unity of the Spanish world and to classify
Spaniards and citizens, eventually including Indians but not Africans among
the second.
The distinction between permanent members and transient foreigners
lacked references to culture, language, race, and genealogy. In both Spain and
Spanish America it presented the nation as a group of people who wanted to
live together and was subjected to the same law. Commonalities based on
language, culture, race, and genealogy were both raised and rejected in the
name of a discourse of love that naturally sprang among people sharing the
same space for a sufcient length of time. The image of the community as a
small conglomerate of people who intimately knew one another, and trusted
one other, was overpowering. It was advocated in both Spain and Spanish
America, and in both cases, the construction of a wider (national) commu-
nity was still based, rst and foremost, on the inclusion in a local one.
The consideration of Creolism on one hand, and the constitutional debate
in Spain on the other, within a larger historical context, questions our ability
to view these instances as moments of national afrmation or as indicators for
the coming of a new age. What comes to light is, rst and foremost, continuity.
This continuity was not a failure, nor was it due to an ill design. It was
intentional and meaningful, as contemporaries continued to adhere to a basic
distinction between people who could be trusted and those who could not,
and as they interpreted trust in the same old manner. What was different was
not the discourse, but whom it was applied to and how. By using the tradi-
tional criteria, late eighteenth- and early nineteenth-century Spaniards and
Spanish Americans did create new divisions. They distinguished American
from European Spaniards, and they formally included the Indians, yet not the
Africans, as full members of the Spanish community.
8
164
Was Spain Exceptional? 165
Spanish Exceptionalism:
Spanish and Spanish American Contemporary Perceptions
Eighteenth-century Spaniards consistently asserted that both citizenship
and nativeness were categories based on natural law. Litigants who claimed
they were worthy of citizenship argued that they had a natural liberty to
change their adhesion from one community to another and that communities
could not refuse to admit them to citizenship. This natural liberty preceded
the laws and was independent of them. The same was true of the relation
Was Spain Exceptional? 167
between the establishment of domicile and citizenship and the effect of absen-
teeism on communal membership. Both were universal and natural, and both
existed whether or not they were explicitly upheld in legislation. Even the ten-
year residency presumption was presented by litigants as a universal rule, since
it was well known and accepted throughout Europe; it had, after all,
originated in Roman law. The idea that Castilian practices were natural and
universal also applied to nativeness and foreignness. The distinction between
natives and foreigners was based on natural factors: it was natural that
those born in the community loved it, as much as it was natural that those
born outside it did not. This love was part of human nature and was not based
on free choice. It was automatically generated in all people once certain cir-
cumstances coincided. Similar assertions were made with regard to the pre-
sumption regime, which allowed foreigners to demonstrate their intention to
integrate into the community through their behavior. This regime was the
embodiment of a common sense that was both reasonable and necessary.
Because civil or human law, which reproduced this regime, merely expressed a
more general rule, it could be set aside or new elements could be introduced
into it. One such element, for example, was the distinction between children of
transient and integrated foreigners born in Spain. Although this distinction
was not explicitly stated in the law, it could be adopted because it was part of a
common law that was followed throughout Europe.
Seventeenth- and eighteenth-century Spanish authors provided us addi-
tional keys to this analysis. The exclusion of dangerous foreigners, espe-
cially merchants, and the inclusion of benecial ones, they said, were pol-
icies followed all over the world and had been practiced for as long as
human memory could recall. Spanish customs were thus presaged in a re-
mote past shared by all Europeans, and references to them were found in the
Bible and in Greek and Roman precedents. These customs were the natural
consequence of an accumulated experience about the nature of both man and
society. Rejection and inclusion were so well entrenched in human conscious-
ness and so widely practiced that they were part of both natural law and the
laws of nations. Therefore, the king could not modify the procedures and
requirements for naturalization: since the transformation of foreigners into
natives was a matter of natural and not civil or human law, it was beyond royal
sphere of action and was independent of royal wish.
The conviction that citizenship and nativeness were categories based on
natural and consensual criteria led Spanish and Spanish Americans to say little
about them. They rarely discussed their specic contents or explained their
meaning. They were convinced that citizenship and nativeness represented a
truth too obvious to ignore and too consensual to have to be supported by
168 Was Spain Exceptional?
Spanish Exceptionalism:
The View from Italy, England, and France
Municipal communities existed in other parts of Europe, and member-
ship in them dened who could hold public ofce and participate in gov-
ernment and who could trade and enjoy tax reductions. These similarities
were especially noteworthy during the Middle Ages. Comparing practices in
170 Was Spain Exceptional?
England, France, Germany, and northern Italy, Susan Reynolds concludes that
a common heritage indeed existed in medieval Western Europe. In the ter-
ritories included in her survey, communities of inhabitants consolidated in the
eleventh to thirteenth centuries. They were recognized or acted as corpora-
tions, and they received foundational charters with jurisdiction over commu-
nal lands, the right to exercise special commercial privileges, and the right to
establish local institutions and elect local ofcials. Both rural and urban com-
munities enjoyed these privileges, and towns, rather than having a different
institutional character than villages, simply had more privileges and freedoms.
In both towns and villages, community members were typically adult male
heads of households who resided permanently in the jurisdiction. The conces-
sion of local citizenship to newcomers depended on immigration policies and
varied according to local needs and circumstances. In many places, the resi-
dence of a year plus one day was necessary to transform potential members
into true members. In these cases, residence functioned as a legal presumption:
those who could reside in a settlement for a year without their lord seeking
them out could be presumed freeor, at least, they could be constituted as
freeman by virtue of prescription. In some communities, residence created an
obligation on the part of a newcomer to become a member, while in others it
implicated the community in an obligation to accept the newcomer. In many
areas it was held that only those complying with duties could enjoy rights.
Similarities between the different communities in medieval Western Europe
also extended to the realm of the kingdom. By the tenth century, the idea of
people as a community of customs, law, and descent was well entrenched in
Western society, and individuals who permanently resided in the territory
were classied as belonging to it.
Afrming the unity of Western European political and social organization in
the Middle Ages, Reynolds leaves unexplored the relation between local com-
munities and the community of the kingdom. She also argues that the com-
monalties she describes ended with the thirteenth century. From the fourteenth
century onward, different local citizenship practices emerged in different parts
of Europe, and citizenship, which was a regime that formerly had applied to
the majority of people, became a status associated with the privileged few.
Other authors agree with this analysis. They point out the similarity of Euro-
pean practices during the Middle Ages and suggest that by the thirteenth, four-
teenth, or fteenth century, local citizenship underwent important transforma-
tions, leaving it impoverished (since it was granted to fewer individuals) and
highly diversied (as different practices emerged in different parts of Europe).
Nevertheless, an important group of historians argues that the citizenship
regime that evolved in Western Europe from the eleventh to the thirteenth
Was Spain Exceptional? 171
century persisted with slight modications until the eighteenth century. Ac-
cording to this view, municipal communities continued to be associations of
free individuals during the early modern period. These communities were de-
ned by a common legal regime that closely tied membership to the ability to
exercise rights. Village communities also continued to enroll members, main-
tain their assemblies, and operate in a way not radically different from urban
communities. During this period the distinction between rural and urban con-
tinued to be unclear: it basically denoted a difference in the number, not
the existence, of rights. Community membersusually identied as resident
heads of households possessing propertywere allowed to use communal
land and could actively participate in decision making. Rather than changing,
in the early modern period local citizenship was simply overshadowed by the
appearance and consolidation of kingdoms. This development restricted the
liberty of local communities and integrated them in larger structures. These
larger structures subjected people to a sovereign power instead of allowing
them to participate in it, as was the case previously. Although still members
and citizens, individuals were now instituted rst and foremost as subjects.
The level of analysis adopted and the willingness to stress similarities or
differences can explain at least partially this disagreement among scholars. As
always happens with comparison, no two cases are alike. Given the diversity
of practices in each European jurisdiction, and how comparisons are generally
constructed by using a secondary literature that is highly inuenced by dif-
ferent historiographical traditions, personal agendas, and types of available
sources, it is far from surprising that conclusions may vary. These difculties
do not disappear when one attempts to compare a single country, such as
Spain, to the rest of Europe. Clearly, no other European country had institu-
tions identical to vecindad and naturaleza. It is equally clear that all of them
had categories of belonging that allowed people to enjoy a specic regime of
rights and duties in a local community on one hand, and a larger community
on the other. Comparing Spain to Europe also involves choosing some exam-
ples that would represent Europe. In the discussion that follows, my choice
of Italy, England, and France was motivated by both practical and theoretical
considerations. On the practical side, all three countries enjoy an abundant
literature covering membership in both local communities and the community
of the kingdom. On the theoretical side, each of these countries is traditionally
thought to represent a very distinct case. In Italy, local communities were
extremely powerful as expressed by the rise and persistence of the city-state.
England is usually portrayed as a centralized state where parliamentary con-
trol over the king was especially strong and local communities maintained at
least some of their vigor. France is often presented as the prototype of an
172 Was Spain Exceptional?
ITALY
In the late Middle Ages Italy was the birthplace of a new legal science,
the ius commune. Although this science was highly inuential and it guided
citizenship practices in the different Italian towns, it was insufcient to bring
these practices into conformity. Some basic premises, such as the idea that
citizenship depended on a contract and that communities could convert non-
citizens into citizens, were common to all cities, but individual cities imple-
mented them differently. During the early modern period, in many cities sev-
eral types of citizenship coexisted, and different institutions could declare
people citizens without that declaration necessarily binding the other authori-
ties. In sixteenth- and seventeenth-century Naples, citizenship (cittadinanza)
was granted by the municipal tribunal (eletti del tribunale della citt), which
was acting for the king, or in the case of clergy by the ecclesiastical authori-
ties. It could be obtained either by justice or by grace. Citizenship by
justice depended on the fulllment of certain requirements stipulated in the
laws. These requirements included conception and birth in the city or mar-
riage to a wife conceived and born in the city, coupled with a ten-year resi-
dence and the possession of a house. Although in most cases citizenship by
justice was acknowledged formally by the appropriate body, this process often
explicitly afrmed that citizenship was actually generated on its own by virtue
of the newcomers activities, his intention to remain in the city permanently,
and his integration in the local community; all the municipal body did was to
recognize its preexistence. Citizenship by grace depended on the authorities
discretion so candidates petitioning for it were not generally required to meet
any specic requirements. The proliferation of discretionary grants in the
seventeenth century provoked opposition, and by the eighteenth century,
royal authorities introduced restrictions on the power to issue these grants.
In addition to these formal mechanisms for citizenship acquisition, people
living in Naples could obtain the rights of citizens in other ways as well.
Because citizens enjoyed tax exemptions, the scal court (regia camera della
sommaria) had to examine whether taxpayers were citizens or not. Over the
years, this court gradually became the main authority for recognizing (or
refusing to recognize) the citizenship of individuals. Its activities gave Neapoli-
tans a second practical method by which they could obtain the privileges of
citizenship. The criteria the court employed were similar, although not identi-
Was Spain Exceptional? 173
cal, to the ones employed by the municipal tribunal. Beginning in the mid-
sixteenth century and especially throughout the seventeenth, the court gener-
ally held that permanent residence was the principal method for citizenship
acquisition. Residence had to be accompanied by an animus permanendi, that
is, by the wish to remain in the jurisdiction for good and by the promise to
establish a stable home in the territory. This wish could be orally attested, or it
could be deduced by observing the behavior of petitioners.
Citizenship practices in Naples and Castile were thus quite similar. In both
places citizenship could be obtained by either formal or implicit means. In both
places, it was essential to verify the true intentions of newcomers, which
could be done by using legal presumptions meant to help the authorities inter-
pret persons behavior. In both places, the authorities normally did not grant
citizenship but only issued a formal recognition of an existing condition. Nev-
ertheless, Naples was different from Castile in some respects. In Naples, sev-
eral authorities rather than a single one were qualied to determine formally
the status of individuals. Also different was the existence of citizenship by
grace. Castilian communities could elect to sell citizenship to individuals who
could never meet the standards of legal proof, yet these sales were highly excep-
tional and their practice was constantly questioned. Indeed, citizenship by
grace as practiced in Naples seemed closer to Castilian nativeness than to
Castilian vecindad. As mentioned in previous chapters, the Castilian kings in-
sisted on exercising the power to naturalize foreigners who were personally at-
tached to them. People naturalized by royal decree often could not pass the
legal tests for naturalization, so their attainment of this status was a sign of
royal sovereignty. The same could be said of Naples, whose authorities demon-
strated their sovereignty by converting nondeserving foreigners into citizens.
Fewer similarities can be found between Castile and other Italian cities. In
sixteenth-century Venice, a distinction existed between people who obtained
their citizenship after a few years or many years of residence (citizens de extra
and de intus) and between these and others who acquired it by way of a
particular grant or by birth. Citizenship by birth was granted to individuals
born in the city of a legitimate marriage and whose father and paternal grand-
father were original citizens. Citizenship by birth could also be awarded to
persons born elsewhere if they were descendants of old families. In all these
cases, citizenship depended, above all, on the reputation of the family. Tauto-
logically dened as a condition possessed by those who descended from origi-
nal citizens, citizenship by birth was in fact a public recognition of the familys
role and place in the city. It denoted a social status, and it became increasingly
tied to a noble way of living that could exclude people born in the city if they
exercised vile occupations or were occupied in mercantile activities. Once
174 Was Spain Exceptional?
citizenship was considered the last and most formal aspect of a social process
begun long before: citizenship was granted to foreigners who were already
well integrated in the community. In eighteenth-century Mantova, citizenship
could be acquired by a particular grant ( grazia) or by the fulllment of certain
requirements stipulated in the laws ( per incolato). Grants were given to
people whose presence in the city was deemed desirable because of their pro-
fession, wealth, or prestige. All others could acquire citizenship once they had
established domicile in the city and integrated into the community. Codied in
the early sixteenth century, this second procedurewhich survived to the
eighteenth centuryrequired a ten-year residence, a minimum economic ac-
tivity, payment of taxes, and the observance of local laws.
The existence of various types of citizenship and the emphasis on the no-
bility of citizens were lacking in Castile. Nevertheless, like Castile, Venice,
Florence, Pescia, Rome, Brescia, Torino, and Mantova stressed the impor-
tance of residence, integration, and reputation for the purpose of obtaining
citizenship. These Italian city-states maintained a duality between citizenship
by birth and citizenship by integration, and they allowed the authorities to
afrm their sovereignty by granting citizenship to people who did not comply
with the normal requirements. In some cases it was clear that, as in Castile,
citizenship was constituted on its own, and its declaration by the authorities
was only a formal act of verication, not of creation. Legal presumptions were
also used in Italy to verify the existence of integration. But in Castile the native
born were required to integrate into the community if they wished to obtain
recognition as citizens, whereas in Italy birth appears to have granted persons
this status automatically.
Historians of late medieval and early modern Italy have often questioned
the actual importance of citizenship in Italian cities, arguing that by the early
modern period most cities paid little attention to citizenship. This lack of
interest was demonstrated by the scarcity of legislation on matters of citizen-
ship and by the absence of disputes over the correct classication of people as
citizens or foreigners. Citizenship was rarely denied to people and, at any rate,
most petitioners originated from the immediate province (contado), not from
other cities. Evidence also suggests that in some cases at least, citizenship
regulations were ignored, while in others people could claim that they were
citizens by reputation, thus bypassing all formal procedures. One reason for
this decay of the status of citizen was the fact that citizenship became insuf-
cient for the acquisition of many rights and unnecessary in order to have
others. Some historians have also stressed that throughout Europe, citizenship
was mainly a condition sought for economic reasons and that political rights,
176 Was Spain Exceptional?
such as the ability to vote and hold ofce, were less crucial aspects of it. They
have therefore reasoned that the attraction to citizenship became weaker as
its economic benets diminished in the sixteenth and seventeenth centuries.
Other historians nevertheless afrmed that citizenship continued to be an
important social and political tie in early modern Italian cities, with a meaning
broader than the individual privileges attached to it. Above all, citizenship
implied the subjection of individuals to a sovereign power or to a municipal
authority. According to this view, most early modern Italian cities attributed
a great deal of importance to citizenship, and citizenship continued to be an
essential prerequisite for obtaining many rights.
This debate among Italian historians is useful from a comparative point of
view, because it hints that Italy, like Castile, experienced the tension between
social and implicit categorizations on one hand, and legal and formal on the
other. Indeed, the criticism the rst group of historians makes when its mem-
bers describe the decay of citizenship practices reproduces with surprising
delity many of the claims made in the past by historians of Castile. But if we
use the Castilian case as our model, the lack of legislation, the actions contrary
to laws, and even the absence of recorded conicts do not necessarily reect
the demise of citizenship. Instead, in Castile they were the result of the applica-
tion of doctrines not openly confessed in the legislation. They reected the
absence of disputes in a society that appears to have been more consensual
than we rst imagine, or that had other mechanismsoral and extralegal
meansof conict resolution. The same factors also demonstrated the priv-
ileging of social classication and implicit identities over legal and formal
categories. One wonders, therefore, if what Italian historians describe as decay
was indeed a gradual disappearance of citizenship, or whether what they
observed can be explained in other ways. Beyond this debate it is nevertheless
clear that citizenship in Italy was a regime restricted not only to a few cities,
but also to a small portion of the population within these cities. In Castile, on
the contrary, citizenship operated in both rural and urban communities, in
places both large and small, and it was granted to all heads of households.
It has also been suggested that Italian city-states never extended their cit-
izenship regime beyond the realm of the urban enclave, and that they never
developed notions analogous to Castilian naturaleza. Pacts existed between
cities allowing the mutual bestowal of citizenship rights to their inhabitants,
and city-states like Florence and Venice dominated other communities. But
unlike the linkages in the kingdoms of Spain, no Italian, or even a provincial,
community of natives came into existence. Instead, different communities
belonging to the same state each maintained its separate communal institu-
tions, statutes, councils, and ofcers and its own citizenship criteria. The in-
Was Spain Exceptional? 177
ENGLAND
seven years required in London and in the admission of the poor. Attempts to
create a public registry of freemen failed in New York, and people often
referred to themselves as freeman by reputation. There is some discussion
whether the exercise of crafts and trades in the city was indeed restricted to
freeman. According to some, it was not, and citizenship in New York mainly
implied political, not economic, privileges. Similar practices were followed in
other chartered cities, such as Annapolis, Maryland, where a ve-year appren-
ticeship allowed people to become freemen.
English freedom was substantially different from the Castilian vecindad. It
mainly implied an economic insertion and, although this insertion gave rights
to other privileges, commercial interests and economic agency heavily con-
trolled it. Freedom was a formal regime that depended on formal declarations.
It existed only in chartered towns and was applied almost equally in England
and its colonies. In Castile, on the contrary, local citizenship existed in all
settlements. Although it carried with it some economic advantagessuch as
the right to use the communal pasture or to introduce certain products into the
local marketthe idea of citizenship as discussed within the community was
fairly distanced from these factors. Economic interests and agency might have
prompted some to question the status of certain people; yet rejection was
always couched in terms of a discourse of love. This discourse allowed declar-
ing that those who acted as members had the right to be members. As a result,
formal declarations were not required in Castile. When applied to Spanish
America, Castilian citizenship was seriously modied. As in the case of Italy, in
some odd way English freedom resembled Castilian nativeness and not citi-
zenship. This is especially true if we consider the idea of nativeness as it was
applied in Spanish America, where mercantile interests and agency dominated
the discussion. Indeed, in Spanish America the denition of nativeness was
largely controlled by the merchant guilds, which acted as both eyewitness and
expert witness. This denition implied the right to trade, and the classication
of people as merchants or artisans could determine whether they would be
accepted or rejected. Yet even in Spanish America, obtaining rights depended
on integration. Whether artisans or merchants, whether allowed to trade or
not, it was consistently claimed that people became members of the commu-
nity rst and foremost by virtue of their decision, which was evident in their
activities. Royal naturalization letters only formally sanctioned a situation
that was generated on its own.
These very real differences between Castilian citizenship and English free-
dom are somewhat mitigated by a recent literature that questions the nature
and extension of English freedom. According to Jonathan Barry, in the Middle
Ages freedom was a highly localized regime that designated emancipation
Was Spain Exceptional? 181
from feudal ties of people who became citizens in free towns. Over time,
however, freedom became an institution common to all Englishmen. In the
early modern period, freedom was claimed as a birthright and was constituted
as a key component of English political discourse and the ancient constitu-
tion. Regulated by local customs and legislation, it depended on royal orders,
parliamentary decisions, and the common law. It was meaningful in national
contexts, such as the parliamentary elections. As early as the seventeenth
century, common images if not common criteria for the admission of freemen
were consolidated. Most important among them were nancial independence
and the establishment of a domicile. Freemen were now identied as those
having property in their places of residence. Eventually, a rule was set accord-
ing to which all inhabitant householders paying scot and lotthe locally
levied taxhad the right to vote. Concurrent also were common law deci-
sions stipulating that those who abandoned the community also abandoned
their freedom. Under common law, in the late seventeenth century and in the
following century, men who owned property or who served as apprentices for
seven years could be considered free even if they did not obtain a formal
admission to the community. Indeed, common law restricted the ability of
gilds and municipal authorities to reject worthy candidates. A candidates
incapacity to comply with duties was the only consideration that could justify
exclusion. The common law courts also stated that freedom could never be
sold. Buying freedom by paying redemption fees was a ction. Although pre-
sented as a purchase, in reality this transaction consisted of formally recogniz-
ing that people were already free. Indeed, people who were truly unfree could
not purchase their freedom in this way. In summary, in seventeenth- and
eighteenth-century England a local, actual freeman and an abstract national
freeman existed side by side. Included in the common regime of freedom were
many of the rights recognized in Castile: the right to obtain freedom, the
importance of residence and marriage to a native, and the payment of an
entrance fee, as well as the payment of taxes. Furthermore, common law
courts explained that these factors were not important on their own: their
signicance was tied to the fact that they proved the willingness of newcomers
to become members of the community and to comply with the subsequent
duties. Once an applicant demonstrated his compliance with these require-
ments, communities could not refuse to grant him freedom.
This portrait of English freedom reveals a regime that had closed much of
the gap between Castilian citizenship and freedom. The English practice dem-
onstrated that, despite the importance of local arrangements, a common re-
gime could also exist. It argued that freedom (or at least the right to freedom)
could exist independent of formal declarations. It stated that what appeared to
182 Was Spain Exceptional?
late Middle Ages, this ability was restricted to individuals born in the kingdom
as a practical rather than an ideological matter. Birth in the kingdom allowed
parties to prove their genealogy, which assured their right to inherit land. Over
the years, what was initially a rule of evidence became a substantial guideline,
and the courts began to identify those born in the kingdom as the only people
eligible to inherit. With the consolidation of state structures in the sixteenth
and early seventeenth century, emphasis on birth gave way to emphasis on
allegiance. It was now claimed that what made people born in the kingdom
English was their subjection to the monarch. By the end of this process and
from the seventeenth century onward, the ability to inherit came to depend on
allegiance to the king. This allegiance was owed to the monarch in person
and not to the crown as an institution. It ignored the division of the monarchy
into different kingdoms, and people born under allegiance to the monarch
were considered members of a single community independent of whether they
were born in one kingdom or another. As natural subjects of the king, they
could demand equal rights and equal liberties in all royal domains. Changes in
dynastic unity and territorial losses and gains could thus unite the subjects
of various kingdoms into a single community, just as it might divide them
into several.
The adoption of allegiance as the sole criterion for membership in the com-
munity also meant that sons of Englishmen born abroad would be considered
English as long as their parents did not abandon their subjection to the mon-
arch. The general assumption was that they never did, and by the seventeenth
century it was repeatedly asserted that allegiance could not be abandoned
without royal approval. Allegiance also implied that people born in royal
domains were by denition original members of the community, irrespective
of their decent. On occasions, domicile was also invoked, but mostly as a
presumption. For example, in 1576 a royal decree ordered that people who
have lived in England for more than twenty years could be reputed natural
subjects of the realm, as long as their linguistic capacities, religion, and cus-
toms did not contradict this assumption.
During the seventeenth century, two different mechanisms allowing for-
eigners to enjoy the rights of Englishmen emerged. The king on the advice of
his council granted the rst, called denization. The parliament by a private
bill granted the second, titled naturalization. Both mechanisms had no xed
formula, nor were they regulated by law. Considered acts of sovereign bodies,
they depended on the discretion of the king or the parliament, and either actor
could decide when to grant them and to whom. There were no precise pre-
requisites and no clear procedures. In most cases, however, naturalization
generated greater benets than denization. It usually included more rights,
184 Was Spain Exceptional?
stage of their past had been aliens, whereas others insisted on a true qualitative
difference between natives and aliens. At stake was also the question whether
society was made of free, rational, and autonomous individuals or whether it
was organic in nature, grounded in natural distinctions, and headed by a
paternalist monarch. Bills proposed in 1664, 1672, and 1694 were rejected.
A general naturalization act was passed in 1709, but it was repealed three
years later. This act promised all Protestants born outside royal allegiance
naturalization if they were willing to come and settle in England permanently,
pay a fee, take the sacraments, and swear allegiance to the monarch. Even-
tually, the rst permanent general naturalization act was passed in 1740. This
act, which covered only aliens residing in the colonies, stated that Protestants
born outside royal allegiance could be considered native Englishmen all over
the empire after they had lived in the colonies for seven years without a sub-
stantial absence. Similar privileges were extended in the next decades to alien
Protestants serving in the colonial armies.
Developments in English North America closed some of the gaps between
England and Spain. In both England and Spain, people who immigrated to the
New World maintained their status as subjects and natives. In English North
America as in Spain, a close relation existed between local integration and
the rights and privileges of natives. Similarly, both local communities were
willing to dene the rights of individuals with regard to the king and king-
dom. Yet, the English authorities reacted against these developments. To limit
their effects, they ruled that American naturalization was merely a local license
to enjoy the rights of an Englishmen. This had the effect of making North
American naturalization in English colonies equivalent to the Spanish Ameri-
can composicin. This naturalization allowed people to be treated de facto
as natives without transforming them into (true) natives; their rights and du-
ties were restricted to the jurisdiction of the granting body. Discussions lead-
ing to the enactment of general naturalization acts resonate with solutions
adopted in Spain. They adhered to the idea that people of the right religion
who established a permanent domicile in the jurisdiction were worthy of treat-
ment as natives. Yet they questioned their loyalty at the same time they af-
rmed the ability of people to change their nature and come to love their
adoptive community.
FRANCE
Most studies on local citizenship in France indicate that until the four-
teenth century, citizenship (citadinage) was a condition given to inhabitants of
corporate towns (bourgs). With citizenship came local privileges and duties
and the right to hold public ofce. People who wanted to obtain this status
had to petition the local authorities and express their willingness to comply
with the obligations of citadinage. They were required to take an oath and to
make a deposit against their pledge to comply with duties, especially the duty
to buy or build a house within a year and a day. The French kings also created
a unied general citizenship regime by establishing the status of royal bour-
geois (burgesias regni nostri). This status was open to free single men and
women and to married couples. It implied the obligation to reside perma-
Was Spain Exceptional? 189
a year and paying taxes were eligible for citizenship. Paris, it was then argued,
was unique among French towns because it encouraged inward immigration
by allowing all integrated individuals to become bourgeois. The liberty of
Paris to dene its own community was nevertheless restricted. Because citizen-
ship allowed individuals to enjoy tax exemptions, the monarchy often wished
to control who the citizens were and pursued this goal through several paths:
by attempting to change the denition of citizenship, by applying a reduction-
ist interpretation to existing statutes, and by imposing rst the purchase of
letters of citizenship and then the elaboration of a public registry of bourgeois.
These measures were resented by the local authorities, who wanted to retain
control over the enrollment of citizens and who hoped for a more lax deni-
tion that would allow more people to become citizens and thus increase the
number paying the local municipal fees (boues et lanternes).
Parisian citizenship practices were modied considerably in the passage from
the Middle Ages to the early modern period. These modications were the
result of social, economic, and bureaucratic developments. As Paris changed
from a mainly commercial center into a highly complex court society, the
bourgeois gradually became identied with a small social sector that included
individuals of independent means (rentiers). This identication was linked
initially to the idea that people of independent means were capable of paying
local taxes. By the seventeenth century, however, this identication acquired a
social meaning. Tied to the increasing importance of bureaucrats and noblesse
de robe in the city on one hand, and to the growing economic power of the
rentier class on the other, citizenship became associated with a certain type of
urban nobility. This association was also hastened by the fact that the rights of
citizens and nobles became quite similar. At the end of this process, citizenship
implied a certain lifestyle that excluded all those engaged in manual labor or in
commercial activity. It thus became divorced from its original constituency,
the merchants.
The distinction between merchants and citizens was publicly acknowledged
in 1701, when, for tax purposes, merchants were subjected to the lieutenant
general of the police, while citizens were placed under the jurisdiction of city
ofcials. It was again conrmed in 1714, when the royal courts stated that in
order to enjoy tax exemptions as bourgeois, individuals needed to comply
with four requirements: reside in Paris at least seven months a year, cultivate
nothing by hand except their land and vineyards, sell none other then the fruits
of their land, and do nothing to degrade the status of citizen. In 1721 and
1738, these perceptions of citizenship were again invoked when it was de-
clared that, as people living from rents, retired merchants and their widows
should be included in the tax rolls among citizens rather than merchants.
Was Spain Exceptional? 191
ralization existed. The rst allowed foreigners to become citizens in the munic-
ipality where they resided. The second truly naturalized them and was either
limited to the right to inherit or to enjoy ecclesiastical beneces, or it admitted
foreigners to all rights and privileges of natives.
Despite the existence of these formal criteria, the French kings insisted that
naturalization was a discretionary act. The tension between Roman law doc-
trines focused on alien integration and royal prerogatives that included the
right to an aliens estate was constantly present. French jurists argued that
foreigners who were integrated in the kingdom had the right to receive natu-
ralization, yet even they understood that this right could be restricted by the
king. Furthermore, although foreigners had to be formally naturalized before
they were admitted to the rights of Frenchmen, in some cases at least, even the
king recognized that certain foreigners could automatically convert into na-
tives, as was the case in Spain. This happened, for example, in 1715 with
foreign soldiers who had resided in the kingdom for a sufcient length of
time. The tension between integration and royal sovereignty also existed in
reference to other practices. As in Spain, the French king could favor for-
eigners who were royal servants and could grant them naturalization despite
the fact that they were not integrated into the kingdom. But unlike circum-
stances in Spain, the French kings could declare that certain foreigners would
be treated as natives only in certain prescribed ways without ever granting
them naturalization. For example, during the seventeenth and eighteenth cen-
turies, foreigners could obtain exemption of droit daubainequating them,
de facto, to nativesby virtue of specic royal grants. Such exemptions were
granted to groups of benecial foreigners, such as merchants coming to fairs
and natives of allied countries who enjoyed the protection of international
treaties. These exemptions were also granted to individuals and to French
cities. Although they enjoyed the most important right of nativenessthe
right to inheritforeigners beneting from these exemptions were still con-
sidered alien. The same was true with regard to ofce holding. In France, yet
not in Spain, foreigners could obtain royal letters allowing them to be em-
ployed in ofces and beneces ordinarily reserved for natives without this
permit implying their naturalization.
It was also the case in France that letters of naturalization and even birth in
the territory could fail to transform foreigners into natives. On different occa-
sions during the seventeenth century, for example, alien taxation was levied on
true foreigners, naturalized foreigners, and native French who descended
from foreign families. Stressing the foreignness of these individuals, many of
whom were legally French, these decrees explained that their taxation was
justied because the presence of foreigners on French soil was profoundly
196 Was Spain Exceptional?
global and between municipal statutes and kingdomwide laws. Although local
laws that dened both citizenship and naturalization existed in all jurisdic-
tions, these laws were matched by other systems that were just as efcient in
dening members. Whether called common law, Roman law, ius commune, or
simply natural law, these other systems were external to both municipal and
royal control. They were part of a communal heritage and were characterized
as ancient, widely held, and universally applicable. They operated to modify
local and regal arrangements, and without ever being formally adopted, they
were essential to the construction of communities and to the denition of their
boundaries.
The tension between authority and community in Italy, France, England,
and Spain was also expressed in the existence of citizenship and naturalization
by local and customary law on one hand, and citizenship and naturalization
by sovereign act on the other. Citizenship and naturalization by law expressed
local customs and local legal traditions, which represented the community and
its ancient constitution, which had preceded the installation of authorities
and the king. Citizenship and naturalization by sovereign act allowed the
authorities, whether local or royal, to act on the margin or even in opposition
to legal arrangements. Invoking the power to naturalize by at allowed the
authorities to ignore the community and to assert that they were not subject to
its laws.
In spite of these similarities, Spain was indeed exceptional in the vigor of its
local citizenship during the eighteenth century. Evidence from Italy, England,
and France suggests that local communities in these countries gradually lost or
surrendered their ability to impose a citizenship regime. Eventually, member-
ship in the community became a social or honorary title, void of immediate
practical implications. In Spain, although not in Spanish America, local com-
munities continued to examine the citizenship status of inhabitants and to
insist on the application of a regime that discriminated against noncitizens.
Also in Spain, people continued to refer to themselves as citizen and noncitizen
and to consider themselves rst and foremost members of local communities
and only secondarily as part of a kingdomwide association.
Another (related) point of Spanish exceptionalism was Spanish resistance to
royal sovereignty and the inability of royal interests to recast Spain as a com-
munity of allegiance. Evidence suggests that in both early modern England
and France the community of the kingdom was gradually identied with the
monarch and the centralizing state. This identication allowed royal bureau-
crats to modify the denition of the community according to territorial gains
and losses and according to dynastic unity and dynastic inheritance. It per-
mitted English jurists to ignore the composite nature of the state and overlook
200 Was Spain Exceptional?
201
202 Conclusions and Afterthoughts
opposition between goodwilled people who were integrated into the commu-
nity, wished to remain in it permanently, and were willing to comply with its
duties and bad-intentioned people who did not. These latter were transients
who refused to tie themselves permanently to the community, who avoided
integration into it, and who wished only to benet from privileges.
The distinction between good and bad people was reproduced on all levels.
It rst appeared in Castilian and Spanish American local communities, and by
the seventeenth century, it operated throughout the realm of the kingdom of
Castile and in the Spanish kingdoms. This distinction originally dened atti-
tudes towards immigration, yet it eventually constructed notions of member-
ship and belonging. Independent of their origin and place of birth, in order to
qualify as members, people had to be want to be members, to act as members,
and to comply with duties. These requirements were applied to both new-
comers and the native born, yet those born into a community usually enjoyed
a presumption of goodwill. Although they did not receive a truly differential
treatment, on a day-to-day basis, social norms and understandings that rarely
questioned their status protected their standing. This lack of conict made the
condition of native born as both citizens and natives appear automatic. How-
ever, such was not the case. Native-born persons could be required to prove
that they were good if and when their condition came under scrutiny. There-
fore it should not surprise us that the distinction between good and bad im-
migrants was determinant in the construction of the category of Spaniard
and Spanish citizen as dened in the rst Spanish constitution (1812). Nor
should it surprise us that, in Spanish America, the same distinction was helpful
to the elaboration of a Creole discourse that eventually justied the break with
Spain and the formation of new states and nations.
The distinction between good and bad immigrants allowed the easy inclu-
sion of foreign Catholics to the community, and it provided a means of ex-
plaining the rejection of other people who were classied as bad. The classi-
cation of people as good or bad depended on the identities of the parties and
their interests and on the circumstances of place and time. It was linked to the
willingness to presume the presence of goodwill or to demand that candidates
supply ample proof of their situation and intentions. In some cases people
classied as badfor example, the Chueta, the Gypsies, and Spaniards of
African decentwere different in ethnicity, race, and customs from most
other citizens and natives. Yet even though discussants recognized the impor-
tance of these differences, their exclusion was still argued by reference to their
quality as bad. This quality did not truly depend on individual behavior but
was a byproduct of membership in a group to which Spanish society attributed
certain intentions and certain ways of being.
Conclusions and Afterthoughts 203
209
210 Abbreviations
Chapter 1. Introduction
1. Gellner, Nations and Nationalism; Anderson, Imagined Communities; Greenfeld,
Nationalism; Hobsbawm, Nations and Nationalism; Armstrong, Nations before Na-
tionalism; Smith, Ethnic Origin of Nations; and Hastings, Construction of Nationhood.
These issues are also treated in Tilly, States.
2. Viroli, For Love of Country; Brading, Patriotism; and Godechot, Nation. See
also Elliott, Revolution, 12223; Shennan, The Rise; and Bjorn, Grant, and Stringer,
Nation, Nationalism and Patriotism.
3. Tnnies, Community and Civil Society.
4. Blickle, Resistance, Representation, and Community; Te Brake, Shaping History,
1516 and 18186; and Tilly and Blockmans, Cities and the Rise of States in Europe.
Criticism of this model is included in Sahlins, Boundaries, 79, and Portillo Valds,
Monarqua y gobierno, 3638.
5. Vanel, Histoire de la nationalit; Wells, Law and Citizenship; Cockburn, National-
ity; Parry, British Nationality Law; and Maras, La corona y la comunidad hispnica.
6. Billot, Lassimilation, 273, and Nunn, Naturalization, 68.
7. Riesenberg, Citizenship in Western Tradition, 208, and Costa, Civitas, 7680.
8. Clark, Small Towns; Rappaport, Worlds within Worlds; and Babeau, Les villes.
9. Prez Collados, Una aproximacin histrica, 25 and 67.
10. Nicolet, Citoyennet; Rtat, Evolution, 3; and Boone, Cerutti, Descimon, and
Prak, Introduction, 46.
11. Weber, General Economic History, 31537; Dilcher, Brady, Blockmans, Van
211
212 Notes to Pages 310
Nierop, Issacs, and Mussi, Urban, 21718, and Blickle, Conclusions, 325. See also
Schulze, States, Nations, and Nationalism, and Strayer, On the Medieval Origins.
12. Bossenga, Rights, 217, and Wells, Law and Citizenship, xvxvi.
13. Brubaker, Citizenship and Nationhood.
14. Scott, Seeing Like a State, 65.
15. Nunn, Foreign Immigrants, 12, 111, and 11314.
16. Cerutti, Giustizia.
17. Billot, Lassimilation, 276; Nunn, Naturalization, 68; and Schultz Beerbhl,
Naturalization, 512.
18. Marshall, Citizenship and Social Class; Walzer, Spheres of Justice, 36; Tilly, Cit-
izenship, 8.
19. Somers, Citizenship, 589 and 611. I disagree with Somers afrmation that early
modern citizenship had clear rules that were normatized by the national authorities and
then implemented locally, according to local circumstances. See also Gaudemet, Pram-
bule, 17; Tilly, Citizenship, 5 and 6; and Cerutti, Descimon, and Prak, Premessa,
28183.
20. Brubaker and Cooper, Beyond, 1416.
21. Nader, Liberty in Absolutist Spain, 2729.
22. Losa Contreras, El consejo de Madrid, 47984; Fuente Prez, Palencia, 2933, and
Navarro de la Torre, Avecindamientos.
23. Vassberg, Village and the Outside World, 1423, and Nader, Liberty in Absolutist
Spain, 2729.
24. Monsalvo Antn, Ordenanzas medievales de Avila, 85; and Alvarez y Valds, La
extranjera, 186229. The absence of similar denitions in Spanish America led schol-
ars to search for them in royal laws, where they were equally absent: Moore, Cabildo in
Peru under the Habsburgs, 1516 and 141, and Lpez Beltrn, Intereses, 37.
25. Ruiz Ibez, Sujets, 129 and 135.
26. Toms Ortiz de la Torre, Derecho; Pecourt Garca, Una institucin, 88493;
and Gonzlez Jimnez, Genoveses, 11823.
27. Snchez Bella, Los reinos, 2526, and Lalinde Abada, De la nacionalidad.
28. Nunn, Naturalization, 68.
29. Garca Crcel, Historia de Catalua, 13235, and in Las fronteras, 71; Sesma
Muoz, El sentimiento; and Prez Collados, Una aproximacin histrica, 3179. See
also Torres i Sans, Nacions, 8486.
30. Pike, Hispanismo, 73127; Fernndez Albaladejo, Les traditions; Barton,
Roots; Boyd, Historia Patria; Koenigsberger, Spain, and in National; Linehan,
Religion; Herr, Evolution; and Mar Molinero and Smith, Nationalism and the Na-
tions.
31. Maras, La corona y la comunidad hispnica; Fernndez Albaladejo, El prob-
lema, 19094; Garca Crcel, Las fronteras; Maravall, El concepto de Espaa; and
Thompson Castile and the Monarchy, 12730.
32. Menndez Pidal, El imperio hispnico and in Los espaoles en la Historia; Snchez
Albornoz, Espaa, un enigma histrico; Maravall, El concepto de Espaa; and Maras,
Espaa inteligible.
33. Herr, Evolution, and Ucelay-de Cal, Nationalism, 1821.
Notes to Pages 1017 213
Libertades urbanas; and Lacarra de Miguel, Acerca. The evolution of Castilian local
law is described in Prez Prendes Muoz Arraco, Historia del derecho espaol, vol. 2,
67078.
4. Ius commune is described in Bellomo, Common Legal Past. The codication of
citizenship practices is described in Torres Balbas, La edad; Ladero Quesada, Historia
de Sevilla, 12829, 133, and 13740; Losa Contreras, El consejo de Madrid, 47984;
Izquierdo Benito, Un espacio desordenado, 3947; Fuente Prez, Palencia, 2933; Bona-
chia Hernando, El consejo de Burgos; and Navarro de la Torre, Avecindamientos.
5. Corral Garca, Las comunidades castellanas, 2034, and Domnguez Lozano, Las
circunstancias, 3359 and 22122.
6. Vassberg, La comunidad, and in Village, 1423; and Nader, Liberty in Absolu-
tist Spain, 2729.
7. Gibert y Snchez de la Vega, El consejo de Madrid; Garca Ulecia, Los factores de
diferenciacin; Gacto Fernndez, Estructura de la poblacin; Sacristn y Martnez, Mu-
nicipalidades de Castilla, 25863; and Carte, Del consejo medieval, 8187.
8. Bernardo Ares, El rgimen municipal, includes a survey of the most recent bibli-
ography on early modern local communities. The article briey mentions citizenship
(vecindad) on page 51, yet it does not cite any examples of studies analyzing it. Indeed,
the only study I know of that deals with these issues is Carzolio, La construccin.
9. Izquiero Martn, Vecinos, and Chiaramonte, Ciudad, provincia, nation.
10. Alvarez y Valds, La extranjera, 186229.
11. Monsalvo Antn, Ordenanzas medievales, 85, Ordinance 17 of 1487. The original
reads: y declaramos que los vecinos de la ciudad y su tierra se pueden llamar y llamen
para el efecto de dicha nuestra ordenanza aquel que en la dicha ciudad viviese continua-
mente y tuviese su casa poblada en la dicha ciudad o tierra, o la mayor parte del ao y que
el tal contribuya y pague con los vecinos de la dicha ciudad en aquellas cosas que otros
semejantes de su estado o calidad pecheren y contribuyeren.
12. Porras Arboledas, ed., Ordenanzas, 9495, Ordinance 55. The original reads: Por
quanto algunos vecinos de fuera de la jurisdiccin de esta ciudad de Jan se vienen a vivir
y morar a esta dicha ciudad e se avezindan en ella, por ende, ordena y manda Jan, justicia
y regimiento, que el tal vezino que nuevamente viniere a se avezindar, que venga con su
mujer, si la tuviere y casa poblada, e si no tuviere mujer por no ser casado, que tenga casa
poblada y conocida. Que si trajere ganado, que antes que coma el ganado en el trmino
desta ciudad, se avezinde en el cabildo, y recibido en el cabildo por vezino por la ciudad,
de anza en que se obligue de vivir y morar en esta ciudad diez aos primeros siguientes.
13. Espejo Lara and Morales Gordillo, Ordenanzas de Archidona, 86. The original
reads: Ordenamos y mandamos que ninguna persona sea avido por vezino desta villa sin
que primero sea recibido por el consejo della y dado anzas de asistir en la dicha vezindad
y comprar casa y via dentro de un ao de su recebimiento y que aya de traer y tener en
ella su casa, mujer y familia . . . y que con esto asimismo sean obligados a bivir quatro
aos continuos en la dicha vezindad con casa poblada.
14. Recopilacin de Castilla, law 1, title 9, book 7, and Novsima Recopilacin, laws
13 and 6, title 26. The original reads: Qualesquier personas que viven y moran en
qualesquier ciudades, villas y lugares destsos nuestros reinos y seoros, as de realengo
como de abadengo, rdenes y seoro y behetras, que se quisieren pasar a vivir de ellos a
Notes to Pages 1921 215
otros lugares y partes con sus bienes y hacienda, lo puedan hacer y avecindarse en ellos y
sacar sus ganados, pan y vino y otros mantenimientos y todos los otros sus bienes mue-
bles. The term liberty was specically mentioned in a provision given by King Fer-
nando on July 5, 1477, reproduced in Cayetano Martn, Documentos del Archivo, 111
14, which stated each one of these, my vassals, using his liberty, [may] pass to live and
reside in the said town and its hinterland . . . [and prohibiting it would be] against justice
and reason and against their liberty, which is notorious to all. The original reads: al-
gunos de los tales sus vasallos, usando de su libertad, se pasan a vivir y morar a la dicha
villa y a su tierra [y prohibirlo es] contra justicia y razn y contra su libertad, la cual como
a todos es notorio, es cosa de mal ejemplo.
15. Lpez de Tovar, Indice de las leyes, 161 and 732.
16. Castrillo, Tractado de repblica, 2429; Morel dArleux, El concepto; and the
denition of ciudadano and ciudad in Covarrubias, Tesoro de la lengua castellana, where
the term vecino is not dened. A denition of the term vecino is also lacking in Celso, Las
leyes.
17. Mariana, Del rey, 47778 and 485, and Gonzlez de Cellorigo, Memorial de la
poltica necesaria, 66.
18. This archival material can be found in several main depositories: the municipal
archives of Seville, Madrid, and Valladolid; the archives of the appellate court (chan-
cillera) of Valladolid (which include cases from some hundred communities in the juris-
dictions of Cantabria, Zamora, Burgos, Len, La Rioja, Valladolid, Madrid, Segovia,
Cceres, Palencia, Salamanca, Toledo, and Guadalajara); and the national archives in
Madrid. I also consulted manuscripts in the national library of Spain and the Royal
Library in Madrid.
19. The case of Simn Manino, discussed in Sevilles town meeting, dated November
29, 1655, in AGI, contratacin 51B. In this case, the procurador mayor de los caballeros
vieros was called upon to express his opinion.
20. Evidence for this practice are included, for example, in the les on vecindades
17001719, vecindades 17201738 and Vecindades de 1739 a 1474 in AM/S,
seccin 5 (E.Cab.XVIII), vols. 294, 295, and 296, respectively.
21. The cases of Joseph Torresillas, discussed on May 18, 1767, and Miguel Martnez
Aparicio, studied on October 23, 1769, both in AM/S, seccin 5 (E.Cab.XVIII), vol. 298.
22. The case of Joseph Torresillas, AM/S, seccin 5 (E.Cab.XVIII), vol. 298. The oath
made by the newcomers was: to keep domicile in this city, having a settled house in it
with his family, during the whole year, without leaving it, changing his home. The
original reads: guardar la vecindad en esta ciudad teniendo su casa poblada en ella con
su familia . . . todo el tiempo del ao sin hacer ausencia mudando dicha su casa.
23. Petition of Juan Joseph Martn, dated December 9, 1767, in AM/S, seccin 5
(E.Cab.XVIII), vol. 298, and the case of Felix Durn, discussed on May 27, 1768, in
AM/S, seccin 5 (E.Cab.XVIII), vol. 298. The distinct procedures instituted for peti-
tioners who were native born, immigrants, or immigrants married to native-born spouses
were described in Parecer del seor procurador mayor y varios apuntes sobre el modo
como han de conceder las vecinades in AM/S, seccin 5 (E.Cab.XVIII), vol. 298.
24. Discussions of April 1 and May 5, 1773, and the opinion of the citys legal adviser
in AHN, estado 6293/63.
216 Notes to Pages 2226
25. The Spanish monopoly in the Americas and the role of Seville will be discussed in
chapter 5. Conditions in Seville during this period are described in Guichot, Historia de la
ciudad de Sevilla, and in his Historia del exmo. ayuntamiento; Aguilar Pial, La Sevilla;
Domnguez Ortiz, Orto y Ocaso; and Pike, Aristocrats and Traders, 113 and 136. On
1314, Pike studies the inuence of immigration on municipal citizenship policies.
26. His petition was studied on April 27, 1735, and May 13, 1735, in AM/S, seccin 5
(E.Cab.XVIII), vol. 295.
27. A brief summery of Roman law citizenship practices as implemented in Italy is
included in Bizzarri, Ricerche; Quaglioni, Legal; Riesenberg, Citizenship in Western
Tradition, 11886; Dilonardo Buccolini, Note; Bonglio Dosio, La condizione;
Bowsky, Medieval Citizenship; Panero, Comuni e borghi, 13763; and Dini, Citt e
corporazioni, 14851.
28. Kirshner, Civitas, and Ullmann, Personality.
29. Kirshner, Between, and Canning, Fourteenth.
30. Riesenberg, Civism, 240.
31. Font Rius, La recepcin, 99102; Clavero, Notas; Petit, Derecho; and Al-
onso Romero, Del amor. The relation between the Castilian municipal regime and
Roman law is described in Domnguez Lozano, Las circunstancias, 5759 and 22128,
and Asenjo Gonzlez, Las ciudades.
32. Kagan, Students and Society, 135 and 212; Reig Peset, Derecho; Pelorson, Les
letrados, 3357; and Petit, Derecho.
33. Bernal de Bugeda, El derecho.
34. Clavero, Institucin histrica, 5556; Daza, Los principios; and Garca Gallo,
La ciencia.
35. Solrzano Pereira, Poltica Indiana, 15255, book 5, chap. 9, points 5768.
36. Opinion of Luis Verdugo, dated February 10, 1702, in AVM, secretara 234823.
The original reads: conforme a la libertad que conforme a derecho natural tenemos,
cada uno puede renunciar la vecindad que tuviese en un lugar y vivir y avecindarse en otro
el que eligiese.
37. Opinion of Luis Verdugo, dated February 10, 1702, in AVM, secretara 234823.
The original reads: y para admitirsele por vecino no necesita de otra circunstancia ms
que la expresin de su voluntad.
38. Petition of Germn Salcedo, dated July 20, 1788, in ACV, PC-PA(F) 35221. The
original reads: [The town] no tiene arbitrio para dejar de concederla [la vecindad] por ser
acto libre segn leyes el pasarse de una vecindad a otra. Santayana Bustillo, Gobierno
poltico, 7, citing the works of Acevedo, Avedao, and Paz arrived at a similar conclu-
sionthat individuals must be received as citizens.
39. Petition of Juan de Ocaa, dated August 14, 1717, in AVM, secretara 234832,
and ACV, PC-PA(F) 34013. The original reads: el derecho permite a cualquiera avecin-
darse donde ms le acomode and Para que cualquier persona que quisiera mudar de
vecindad de unos lugares a otros . . . lo pueda hacer libremente.
40. Those living with a mother-in-law or a brother, or as dependents in someone elses
quarters, could not be citizens: ACV, PC-PA(F) 26563; PC-PA(O)1732; PC-PA(O)
4133; PC-PA(O) 1347; and the case of Miguel de Zayas y Brenes of January 9, 1797, in
AM/S, seccin 5 (E.Cab.XVIII), vol. 298.
Notes to Pages 2630 217
41. Garca Gallo, Curso de historia, vol. 1, 8791; Friedman, El estatus; La condi-
cin; Muoz Garca, Las limitaciones; and Bermejo Castrillo, Parentesco, 23044 and
262304.
42. AM/S, seccin 5 (E.Cab.XVIII), vol. 295, nos. 3, 66, and 87; AVM, secretara 2
3491; and ACV, PC-PA(O)346.
43. The city council of Seville, on April 22, 1739, in AM/S, seccin 5 (E.Cab.XVIII),
libro 296, and ACV, PC-FA(F) 30593.
44. Alvarez y Valds, Los extranjeros, 153 and 183262. In 1476, Abenjamin Abenya-
hion, a Jew, became vecino of Murcia, where another Jew was also accepted in 1479:
Rubio Garca, Los judios, 94 and 143, docs. 908 and 1009. Similar examples can be
found in Pimenta Ferro Tavares, Os judeus, vol. 1, 224, 407, and 447n1. I would like to
thank David Nirenberg for sending me this information.
45. The cases of Bartolom French and Diego Roberto Tolosa, discussed in the city
council meeting of May 22, 1743, in AM/S, seccin 5 (E.Cab.XVIII), vol. 296 and on
January 22, 1785, in AGS, GJ 873, respectively. See also ACV, PC-PA(O) 57910.
46. Allegations of Joseph Corvillos on January 22, 1783, in ACV, PC-PA(O) 57910.
The original reads: no solo a los naturales de estos reinos . . . sino aun a los extranjeros el
poderse avecindar en cualquier pueblo de estos vuestros dominios sin que los consejos en
manera alguna se lo puedan impedir ni contradecir como expresamente se previene y
manda por vuestras reales rdenes que hablan en el asunto.
47. Originally, behetras were communities allowed to elect their lord. They were titled
cerradas when the electee could fall only in a member of certain lineages or in a native
born: Clavero, Behetra. Nevertheless, in eighteenth-century discussions behetras
mainly designated communities that could exclude people of certain estates from citizen-
ship. During this period there were behetras cerradas of nobles that excluded all simple
folk, and behetras of simple folk that excluded nobles.
48. ACV, PC-PA(F) 26161. Similar arguments were also evoked in ACV, PC-FA(F)
31222 and ACV, PC-PA(O) 7313.
49. ACV, PC-PA(F) 33272. The original reads: de estado noble de hidalgo y tener sus
cartas y ejecutorias.
50. ACV, PC-PA(F) 26415. See also Maravall, Trabajo.
51. AVM, secretara 234823.
52. Fernndez Navarrete, Conservacin, 87. The original reads: Como son vagantes y
sin domicilio seguro, ni sirven la repblica, ni contraen matrimonio, ni pagan pechos ni
tributos, siendo solo carga y gravamen de los pueblos.
53. ACV, PC-PA(O) 6406.
54. ACV, PC-FA(F) 31492.
55. ACV, PC-PA(O) 1967; ACV, PC-PA(O) 4133; ACV, PC-PA(O) 1967; ACV, PC-
PA(O) 2486; ACV, PC-PA(O) 1564; and ACV, PC-PA(O) 7382. See also Rodrguez
Fernndez, Alcaldes y regidores, 3436.
56. ACV, PC-PA(F) 34013.
57. ACV, PA(F) 35081.
58. ACV, PC-PA(F) 34011, pp. 1516. The original reads: sin la solemnidad de un
recibimiento expreso a la vecindad hecho por el consejo, se le deba considerar riguroso
vecino de continua residencia como que tena su casa abierta poblada.
218 Notes to Pages 3034
59. ACV, PC-PA(F) 34011, and ACV, PC-PA(F) 35081. In some places, formal
procedures were required by law: Merino Urrutia, Ordenanzas, 97, Ordinance 34;
Porras Arboleda, Ordenanzas, 9495, Ordinance 35; and Espejo Lara and Morales
Gordillo, Ordenanzas, 8687.
60. AHN, estado 6293/63. The original reads: el que mora con casa poblada en
estos reinos debe considerarse por vecino . . . tiene contra si la presuncin y debe ser de su
cargo hacer constar, por algunos hechos o casos, el haber estado sin nimo de per-
manecer.
61. The case of Joseph Snz, discussed on July 1, 1719, in AVM, secretara 234833.
62. ACV, PC-PA(O) 4069.
63. ACV, PC-FA(F) 31492.
64. Juan Mechado, petitioning on October 8, 1686, in ACV, PC-PA(F) 28893.
65. Joseph Corvillos, on January 22, 1783, in ACV, PC-PA(O) 57910, and Joseph
Colmenar in 1753 according to AVM, secretara 234847.
66. His petition of July 12, 1776, in AM/V, GM caja 574.
67. Santayana Bustillo, Gobierno poltico.
68. Answer of the council of Uruuela in ACV, PA(O) 1967. The original reads: es
tan corto y limitado que en l no pueden contener los vecinos que hoy le componen, los
ganados necesarios a sus haciendas y cultivo de sus haciendas y se experimentara mayor
prejuicio dando lugar a la contraria.
69. ACV, PC-PA(O) 4133.
70. Power of attorney, dated September 9, 1782, in ACV, PC-PA(O) 57610. The
original reads: gravamen al comn su manutencin en esta tierra estril y morticada
anualmente de copiosas nieves por su estrechez y natural elevacin en que por lo mismo
sucede con frecuencia no poder salir de nuestras casas en los cuatro rigorosos meses del
invierno. See also ACV, PC-PA(O) 8575.
71. ACV, PC-PA(F) 34023.
72. ACV, PC-PA(O) 1967.
73. ACV, PC-PA(F) 30622. According to the local authorities, he was inquieto y
cabiloso and litigious.
74. ACV, PC-PA(F) 26195. The council accused Jos of being de genio litigioso,
soberbio, altivo y dominante, acostumbrado a injuriar gravamente de obra y palabra a
cuantos la ocasin le proporcionaba, no respetando aun los sacerdotes. ACV, PC-PA(F)
34023 is a similar case.
75. ACV, PC-PA(F) 34013.
76. These cases are described in ACV, PC-PA(F) 34011; ACV, PC-PA(F) 29471; and
ACV, PC-PA(O) 1347. See also ACV, PC-PA(F) 26563 and PC-PA(O) 1732.
77. ACV, PC-PA(F) 28893; ACV, PC-PA(F) 35221; and ACV, PC-PA(O) 1347.
78. AVM, secretara 234843. This script appeared in dozens of the cases
reviewed.
79. ACV, PC-PA(O) 29810.
80. ACV, PC-FA(F) 31492.
81. ACV, PC-PA(F) 35221. A similar thing also happened to Juachin Alonso, resident
in Orin (Valladolid) in 1748: ACV, PC-PA(O) 2006.
Notes to Pages 3538 219
82. Ringrose, Madrid and the Spanish Economy; Domnguez Ortiz, Una visin; L-
pez Garca and Madrazo Machazo, Capital; and Ringrose, Madrid, capital imperial.
83. Ringrose, Madrid, capital imperial, 196.
84. Deleito Piuela, Solo Madrid, 12527, and Nez de Castro, Libro histrico.
85. His petition, probably dated 1714, in AVM, secretara 234831.
86. Copia de la instruccin para la comisin de vecinos segn la expone Marcelino de
Vergara en la recopilacin que hizo, inserted in a discussion that took place from July to
December 1798 in AVM, secretara 234862. The original reads: por no saber los
forasteros la utilidad que les tiene o porque en la confusin de la corte se hace poco
aprecio de esta circunstancia. There were many examples for candidates requesting their
admission as citizens some thirty or forty years after their arrival at the court, e.g., AVM,
secretara 234852 (of 1663) and 234854 (of 1785). Lpez de la Plaza, De la
tierra, 167, mentions some 100 citizenship petitions between 1480 and 1499. Ringrose,
Madrid, capital imperial, 2012 found some 600 citizenship petitions between 1600
and 1663. Whereas in the period 16001630 most of them came from artisans and other
service providers (68 percent), in the later period (163163) the percentage of these
sectors dropped (to 36 percent) and the percentage of royal ofcials augmented.
87. Riesenberg, Citizenship in Western Tradition, 131. The ius commune origin of
many of these presumptions is also described in Prez Collados, Una aproximacin
histrica, 24.
88. Response of January 19, 1774, in ACV, PC-PA(F) 24803. The original reads:
para adquirirla y conservarla [la vecindad] basta el tener casa formada con familia y
criados capaces para soportar y acudir a las cargas y obras concejiles, contribuir y pagar
como cada vecino en lo que le tocara, sin que a ninguna persona se la pueda obligar a que
habite y resida precisa y personalmente en ningn lugar, porque esto repugna a la libertad
natural y es prohibido y reprobado por derecho.
89. ACV, PC-PA(O) 4133, pp. 2426: allegations of Jos Martnez Izquiero. The
original reads: como el nimo es un acto interno que solo puede saberlo el supremo
autor a quien nada se le oculta, por lo que nicamente puede manifestarse o descubrirse
por los actos exteriores no vericndose otros en mi parte que l de una voluntad con-
tinua de permanecer en el pueblo.
90. In both Seville and Madrid, petitioners who were native born were required to
formally request citizenship and, on these occasions, they had to afrm orally, or prove in
another way, their continuing engagement with the community: AVM, secretara 2348
36 and AM/S, seccin 2 (contadura), carpeta 336: petition of Nicols Tersero of 1715.
In the 1750s, at least, Lozoya followed the same rule: ACV, PC-FA(F) 30593, p. 7. The
membership of Diego Bajarano, born in Serrejn (Cceres) was questioned in 1752
because his intention to remain in the community was not clear: ACV, PC-PA(O) 2601.
91. The case of Toms del Corral, dated January 19, 1774, in ACV, PC-PA(F) 24803.
92. The petition of the duke of Medinaceli, presented to the town council of Seville on
September 9, 1776, in AM/S, seccin 5 (E.Cab.XVIII), vol. 298. Similar allegations, both
with regard to impersonal residence and royal service, were also made by the representa-
tive of the duke of Alba according to the town meeting of April 16, 1788, in the same
archive, section, and book.
220 Notes to Pages 3844
93. ACV, PC-PA(F) 26195; ACV, PC-PA(O) 7382 and 4133; and ACV, PC-PA(F)
29471.
94. Such were the allegations of the council of Arisgotas, received by the court on
October 25, 1769, in ACV, PC-PA(O) 4133, pp. 1923. The original reads: [The com-
munity was required to check whether the person was moved by] motivos temporales,
amovibles y casuales que en ninguna providencia pueden estimarse por legtimos para
que mediante ellos, se entienda que dicho . . . haya adquirido derecho a la vecindad . . .
porque siendo principalsimo requisito el nimo de permanecer, notoriamente le excluan
las puras casualidades y el contrario de que se presume de no subsistir ni continuar en
quien no ha tenido ms destino que el servicial que indiferentemente se busca y se toma
donde se halla, y con la misma facilidad e indiferencia se deja.
95. ACV, PC-PA(F) 24803; ACV, PC-PA(O) 6311; ACV, PC-PA(F) 25913; and
ACV, PC-PA(F) 29293.
96. The original expression used was: la mayor parte del ao: the case of Miguel de
Zayas y Brenes, in AM/S, seccin 5 (E.Cab.XVIII), vol. 298; ACV, PC-PA(O) 1732; and
ACV, PC-PA(F) 26563.
97. Petition of Claudio Blanco of January 15, 1678, in AVM, secretara, 234916.
98. Toms del Corral, on January 19, 1774, in ACV, PC-PA(F) 24803. The original
reads: con lo que maniesta su nimo de querer asistir y residir y asentar domicilio,
habitacin y morada en dicho lugar.
99. ACV, PA(F) 35081.
100. ACV, PC-PA(O) 7313.
101. Sala (Bauls), Ilustracin del derecho real, 53. The original reads: Se llama
vecino al que tiene establecido en algn lugar su domicilio o habitacin con nimo de
permanecer en l. Conforme al derecho de las Partidas, este nimo se presume y reputa
probado por el transcurso de 10 aos aunque Gregorio Lpez dice que tambin se prueba
por hechos que lo maniestan sin necesidad de este transcurso poniendo el ejemplo de l
que vende las posesiones que tena en un lugar comprando otras en otro al que traslada su
habitacin; y todava con ms claridad si es recibido como vecino por el comn de algn
lugar dndo adores de que permanecer en l 10 aos y sujetndose, segn Acevedo, a
los tributos vecinales. A similar denition is included in Escriche y Martn, Diccionario
razonado, 969.
they would keep their promise to remain in the city: town council meeting of May 27,
1541, in Rumazo Gonzlez, Libro segundo, vol. 2, 255.
5. I could only nd one study of Spanish American citizenship: Domnguez Compay,
La condicin.
6. These cases were located mainly in municipal records and in published town
council meetings (Actas de Cabildo). Some were also found in the national archives of
Peru, Argentina, and Ecuador, in the Archivo de Indias of Seville, and in the National
Library in Lima.
7. Ferry, Colonial Elites, 168; Lombardi, Venezuela, 7094; and Hacienda y com-
ercio, vol. 5, 4756.
8. Petitions of Fernando Sanz, dated June 22, 1592, and Bartolom Masbel, dated De-
cember 7, 1592, in Actas del cabildo de Caracas, vol. 1, 19293 and 21011, respectively.
9. Petitions of Iigo de Sosa and Baltazar Garca, of May 8 and 24, 1593, in Actas del
cabildo de Caracas, vol. 1, 25859.
10. His petition of May 22, 1597, is in Actas del cabildo de Caracas, vol. 1, 45657
and 45960.
11. Petition of Lope Daz de Len on October 20, 1608, in Actas del cabildo de
Caracas, vol. 3, 14142.
12. The case of Manuel de Lemos, studied on September 28, 1651, in Actas del cabildo
de Caracas, vol. 8, 9798.
13. Petitions of Jorge Amaro, dated January 16, 1655, in Actas del cabildo de Caracas,
vol. 9, 1314; Benito Hernndez, dated January 12, 1609, in Actas del cabildo de Car-
acas, vol. 3, 16566; and Bernave de Oate Mendisabal, dated December 6, 1611, in
Actas del cabildo de Caracas, vol. 3, 332.
14. Garca Gallo, Territorio, 360, and Gerhard, Geografa histrica, 13.
15. His petition of May 22, 1597, in Actas del cabildo de Caracas, vol. 1, 457.
16. His petition of January 30, 1606, in Actas del cabildo de Caracas, vol. 3, 89.
17. Petitions of Cristbal Martnez, dated January 16, 1649, in Actas del cabildo de
Caracas, vol. 7, 28182; Josepha Contreras, dated August 12, 1663, in Actas del cabildo
de Caracas, vol. 11, 299; and Luis Fernndez Angel, dated March 26, 1648, in Actas del
cabildo de Caracas, vol. 7, 19394.
18. Petition of Francisco Lpez, dated January 27, 1652, in Actas del cabildo de
Caracas, vol. 8, 147, and the discussion in the council meeting of March 11, 1652,
concerning Juan Rodrguez Agras in Actas del cabildo de Caracas, vol. 8, 154211, esp.
16364, 17576, and 192.
19. Mrner, La corona espaola, and Morse, Urban, 17988.
20. Lutz, Santiago de Guatemala; Mrner, Ethnicity; Bouysse-Cassagne, Etre
mtise; and Poloni-Simard, Formacin, and in his La mosaque indienne.
21. The case of Juan Alonso of April 7, 1616, in Actas del cabildo de Caracas, vol. 4,
1013.
22. The cases of Margarita, India, Francisca Diez, Mestiza, and Antonia, freed mulata,
dated March 11 and June 10, 1617, in Actas del cabildo de Caracas, Caracas, vol. 4, 166,
189, and 19294, and of April 24, 1648, in Actas del cabildo de Caracas, vol. 7, 23031,
respectively.
222 Notes to Pages 4951
de Lima, libro 4, 185, and Pedro Snchez, of June 19, 1553, in Libros de cabildo de Lima,
Lima, Consejo Provincial de Lima, 1935, libro 5, 423.
35. Town council of August 14, 1570, in Libros de cabildo de Lima, libro 7, 28.
36. Encomienda was a Spanish institution that subjected a group of Indians to a
Spaniard. He was supposed to defend them and ensure their conversion to Christianity,
and they were forced to work for him or pay him tribute: Lockhart, Spanish Peru, 1137,
and Puente Brunke, Encomienda y encomenderos.
37. Solrzano Pereira, Poltica Indiana, book 3, chap. 27. Behind the legal requirement
of residence was the social reality that encomenderos were usually important members
of the community and often dominated the city socially, economically, and politically:
Matienzo, Gobierno del Per, 27072.
38. Town council meeting of September 5, 1671, in Libros de cabildo de Lima, libro 7,
16971, and petition of April 29, 1596, in Libros de cabildo de Lima, libro 12, 481.
When the encomienda belonged to a woman, her husband had the right to be accepted as
citizen: petition of Diego Nuez de Campoverde, dated October 9, 1598, in Libros de
cabildo de Lima, libro 13, 176.
39. The case of Lorenzo de Estupian, whose residence obligation (originally in Gua-
nuco) was transferred to Lima: town council of March 7, 1560, in Libros de cabildo de
Lima, libro 6/1, 271. The grant of citizenship by the viceroy was also mentioned in Moor,
Cabildo in Peru, 143.
40. His petition of January 11, 1562, in Libros de cabildo de Lima, libro 6/2, 2021. A
somewhat similar case was debated in Lima on September 16, 1577, according to Libros
de cabildo de Lima, libro 8, 49798.
41. Town council meeting of September 18, 1570, in Libros de cabildo de Lima, libro
7, 40, and December 1, 1590, in Libros de cabildo de Lima, libro 10, 47576.
42. Libros de cabildo de Lima, libro 6/2, 532. Juan de Matienzo criticized the practice
of calling these people caballeros no vecinos, stating that these non-encomendero
citizens were indeed true and full citizens: Matienzo, Gobierno del Peru, 27071. Ac-
cording to Solrzano Pereira, Poltica Indiana, book 3, chap. 27, point 6, in Spanish
America, vecino-encomenderos were distinguished from all other vecinos, who were
usually called domiciliarios. The usage of caballeros in order to designate vecinos was
already present in medieval Spain: Garca de Valdeavellano, Orgenes de la burgesa,
19193.
43. In 1576, for example, Antonio Lpez was admitted as an ordinary vecino of
Lima: town council of December 17 in Libros de cabildo de Lima, libro 8, 342.
44. Marzahl, Town in the Empire, 3740; Ferreiro, Elites; Levillier, Ordenanzas, 53;
and Lohmann Villena, Francisco de Toledo, 131.
45. Recopilacin de Indias, law 6, title 10, book 4.
46. Domnguez Compay, La vida en las pequeas ciudades, 51; Rosenblat, La pobla-
cin indgena, 135; and Lpez Beltrn, Intereses, note 37.
47. Developments in Mexico City were somewhat similar to those in Lima. Early
citizenship petitions were tied to land grants, and the municipal community suffered
from frequent vice-regal intervention. During the sixteenth century, Mexico City recog-
nized the division between citizens and vecinos encomenderos, and it permitted some
224 Notes to Pages 5357
overlapping between the municipal and the provincial spheres, admitting people residing
in New Spain to local citizenship. Newcomers had to guarantee their residence in the
city or exchange residence for a monetary payment: petition of Francisco de las Casas,
dated December 6, 1527, in Primer libro de Actas [del cabildo de Mxico], 154; petition
of Diego Orpesa, dated May 11, 1543, in Libro cuarto de las actas del cabildo [de Mxico
City], 34142; Ordenanzas de buen gobierno; and Himmerich y Valencia, Encomen-
deros of New Spain, 89 and 102.
48. Marzahl, Town in the Empire, 37, 7071 and 16264.
49. Morelli, Territorio o nazione, 171, and Poloni-Simard, Problmes, 13.
50. The existence, despite local variations, of an American pattern of development
was also noted in Garca Bernal, Las elites. See also Cdula of September 13, 1621,
reproduced in Konetzke, Coleccin, vol. 2/1, 265.
51. Town council meeting of February 1, 1549, in Libros de cabildo de Lima, libro 9,
6163; meetings of September 23, 1558, and March 7, 1560, in Libros de cabildo de
Lima, libro 6/1, 99 and 271; meeting of June 17, 1536, in Rumazo, Libro primero de
cabildos de Quito, 17374; and meeting of June 16, 1617, in Acuerdos del extinguido
cabildo de Buenos Aires, vol. 3, libros 23, 441, respectively. This practice was also
conrmed by Solrzano Pereira, Poltica Indiana, book 4, chap. 1, point 7, who ex-
plained that in Spanish America, local municipal judges (alcaldes ordinarios) could be
(rather than had to be) citizens.
52. Town council meeting of February 5, 1599, in Garcs, Libro del ilustre cabildo . . .
de Quito, 24142, and Noble Cook, Numeracin general.
53. Recopilacin de Indias, laws 82 and 83, title 16, book 2, and cdulas of July 23,
1627, and October 2, 1764, in Konetzke, Coleccin de documentos, vol. 2, 3015 and
vol. 3, 321. These questions were also treated by Herzog in Identidades, and in Ritos de
control, chap. 4, point 11.
54. AGI, EC 926A; AGI, Quito 73, cuaderno 3, 30937; AGI, Quito 74, cuaderno 5,
2526; AHN, CSCI 20.620, 28395 in p. 291. I also found AGI, Quito 73, 291 and 306
helpful.
55. AGI, EC 926A, 76. The same position was adopted by Nicols Andagoya y Ota-
lora, a witness in a 1685 case, who asserted that the lady in question was avecindada en
esta ciudad: his testimony in AGI, Quito 73, cuaderno 3, 31517.
56. Diego Incln Valds on December 9, 1670, in AGI, EC 926A, 34 and 26. The
original reads: y siempre estuvo el dicho gobernador [who was the father of the bride]
con nimo de volverse a los reinos de Espaa. According to the attorney of Incln
Valds, the father of the bride changed his place of residence en servicio de vuestra alteza
con el ocio de gobernador de ella sin nimo de perseverar, ante bien de partida para estos
reinos con que no se puede dudar que conservaba la vecindad y domicilio de la ciudad de
Cdiz de donde parti a servir el dicho gobierno.
57. Solrzano Pereira, Poltica Indiana, book 5, chap. 9, points 5768, 15255.
58. Report dated October 13, 1701, in AN/Q, gobierno 12, expediente 23.10.1723,
12. The original reads: usando del derecho natural que les asiste, de vasallos libres de
vuestra real persona y querer voluntariamente jurar domicilio a este cabildo.
59. Cansanello, De sbditos, 11718.
60. AGI, EC 914B, cuaderno 8, 308R and V and 914C, and cuaderno 9, 50V.
Notes to Pages 5760 225
61. The original reads: lo cierto es que habiendo ido a Lima bien mozo se mantuvo
mucho tiempo y connaturaliz en aquella ciudad, teniendo ms relacin y estrachez con
sus vecinos, que con los de esta ciudad.
62. AGI, EC 914B, cuaderno 8, fols. 311R and V and 914C, and cuaderno 9, fol. 50V.
The relation between domicile and citizenship, on one hand, and nativeness, on the other,
and the wish to institute a monopoly on ofce holding favoring the native born will be
explored in chapters 4 and 5.
63. Discussions of March 11 and 20, 1652, in Actas del cabildo de Caracas, vol. 8, 154,
16169, 17476, 17879, 18587, 19294, 204, and 20711.
64. AGN/BA, 91721; AGN/BA 91926; town council meetings of January 15
and 22, February 2, September 17 and 25, October 1, 9, and 22, and December 7, 1756,
as well as February 2, 1757, in Acuerdos del extinguido cabildo de Buenos Aires, ser. 3,
vol. 2, libros 303, 1522, 3334, 12642, 147, 15556, and 161; and Superunda,
Relacin de Gobierno, 27476 and 423. This episode was also studied by Mariluz Ur-
quijo, El diputado.
65. Proceedings in Lima on June 28, 1756, in AGN/BA, 91721. The original reads:
sin embargo de no ser casados ni viudos arraigados con casas o bienes raices, pues el
requisito nico para la vecindad, no es ms que la traslacin del caudal y bienes de
fortuna con la persona, que viene a residir de nuevo con nimo de vivir all perpetuamente
y que sucediendo esto con ellos deben ser regulados por tales vecinos.
66. The original reads: siendo forasteros, el destino que los trae es el de vender los
gneros y mercaderas que conducen sin nimo de residir perpetuamente, pues expen-
didos sus frutos y cobradas sus dependencias, se vuelven a las partes de sus antiguas
residencias.
67. Letter written by Antonio Portier to the city council of Buenos Aires on July 8,
1789, and in the subsequent appeal by the council to the viceroy in AGN/BA 9193
11, 653, 659, and 723. See also town council on January 15 and February 4, 1789, in
Acuerdos del extinguido cabildo de Buenos Aires, ser. 3, libros 4952, 2024, and 35
37.
68. Petitions of Marcos Riglos in the meeting of January 3, 1777, in Acuerdos del
extinguido cabildo de Buenos Aires, ser. 3, libros 4044, 17; Martn de Alzaga in
AGN/BA, 919312, 1619; AGN/BA 91949, 4153; and Jernimo Morales in
AGN/BA, 91948. Eventually, entire groups of people requested to be exempt from
ofceholding on a regular basis: meetings of October 18 and November 7, 1796, in
Acuerdos del extinguido cabildo de Buenos Aires, ser. 3, vol. 11, libros 5457, 15355,
and 168, and the orders of November 12, 1783, and July 8, 1784, in AGN/BA, 9194
2, 173.
69. AGN/BA, 919312, 18184.
70. AGN/BA, 91928.
71. The original reads: han tenido su mansin y residencia continua en esta ciudad y
sta les constituye la vecindad segn la misma ley. The idea that a prolonged residence in
an independent house constituted citizenship remained in force as late as 1794, as is
apparent from the royal decree that instituted the local merchant guild in 1796: Fradklin,
Vecinos.
72. Such a feeling is expressed, e.g., in Erauso, Memoir of a Basque Lieutenant Nun.
226 Notes to Pages 6065
This afrmation won ofcial recognition in 1647 when King Philip IV issued a royal
decree to that effect: Actas de las cortes de Navarra, book 3, 74 and 81 and books 1516,
6365.
7. Ladero Quesada, Los reyes catlicos; Espaa. Reexiones; and Fusi, Espaa.
8. Garca Fuentes, El comercio espaol con Amrica, 37, and Campbell, Foreign-
ers, 153.
9. Garca Crcel, Historia de Catalua, 13235, and in Las fronteras, 7076;
Sesma Muoz, El sentimiento; and Prez Collados, Una aproximacin histrica.
10. Garca Fuentes, for example, species that nativeness was either by origin and
birth, or it was obtained through a royal naturalization letter: El comercio espaol con
Amrica, 36. See also Nunn, Foreign Immigrants, 2, and Cremades Grin, Cartas de
naturaleza, 4244.
11. Molinari, Naturalidad, 701. The meaning of nativeness in other, non-Castilian
Iberian kingdoms is studied in Lalinde Abada, De la nacionalidad and in his Linseri-
mento; Roca i Trias, Unde cathalanus; Lang, Limmigration; Sales, Naturali-
zaes and in Naturals; Planas Rossell, Recopilacin del derecho de Mallorca, book
1, title 1, 88; Sanz Camaez, Algunas; Ginebra Molins, Laplicaci; Jimnez Sureda,
Aliengenas, 111011; Pia Homs, La condicin.
12. Campbell, Foreigners, 15354, and Nunn, Foreign Immigrants, 1.
13. Recopilacin de Indias, law 28, title 27, book 9. According to Garca-Maurio
Mundi, La pugna, 41, Despite doubts, the denition of foreignness was clear-cut (taj-
ante) in the Recopilacin de Indias, which declared that all those who were not natives of
the kingdoms of Castile, Aragon, Catalonia [and so forth] were foreigners.
14. Cuarta Partida, title 24, preface and law 1. I use my own translation for the preface
and the translation of Burns and Scott, Las Siete Partidas, vol. 4, 990, for law 1. The
original reads: Uno de los grandes debdos que los homes pueden haber unos con otros es
naturaleza; ca bien como la natura los ayunta por linage, asi la naturaleza los face seer
como unos por luengo uso de leal amor. And also Naturaleza tanto quiere decir como
debdo que han los homes unos con otros por alguna derecho razn en se amar y se querer
bien. Et el departimiento que ha entre natura e naturaleza es este, que natura es una virtud
que face seer todas las cosas en aquel estado que Dios las orden, et naturaleza es cosa
que semeja a la natura, et que ayuda a seer et a mantener todo lo que decende deella.
15. Cuarta Partida, title 24, law 2.
16. Cuarta Partida, title 25. These issues will be discussed at greater length in chapter 6.
17. Hermann, Naturales, 189201.
18. Recopilacin de Castilla, laws 14, 18, and 25, title 3, book 1; laws 1 and 2, title 10,
book 5; law 1, title 5, book 6; laws 2, title 2, book 7; and law 27, title 3, book 7. See also
Garca Ulecia, Naturaleza, 8897.
19. Cuarta Partida, title 24, law 2. This law was cited, for example, by Hugo de Celso,
Las leyes, fol. CCXLIII (R) in 1538. It was invoked again in the 1720s in Por el scal de
su magestad en defensa de la respuesta que dio a las pretensiones introducidas por los
hijos nacidos en Espaa de padres extranjeros in AGI, IG 2301, fol. 4R.
20. Recopilacin de Castille, law 19, title 3, book 1. The original reads: Aunque por
leyes de estos reinos esta provedo que los que no fueren naturales de ellos no puedan
tener prelacias, dignidades ni otros benecios, porque se ha dudado y se duda cuales se
228 Notes to Pages 6972
dirn naturales para poder tener los dichos benecios: ordenamos y mandamos que aquel
se diga natural que fuera nacido en estos reinos y hijo de padres que ambos a dos o al
menos el padre sea asmismo nacido en estos reinos, o haya contrado domicilio en ellos y
dems de esto haya vivido en ellos por tiempo de diez aos. Con que si los padres, siendo
ambos o al menos el padre, nacido y natural en estos reinos, estando fuera de ellos en
servicio nuestro o por nuestro mandado o de paso y sin contraer domicilio fuera de estos
reinos hubiere algn hijo fuera de ellos, este tal sea habido por natural de estos reinos.
21. Cdula of July 14, 1561, BNE MSS 20.06712.
22. Recopilacin de Indias, law 27, title 27, book 9.
23. Recopilacin de Castilla, law 66, title 4, book 2, also reproduced in the Novsima
Recopilacin, law 1, title 11, book 6.
24. Acevedo, in his Commentariorum iuris civilis in Hispaniae (1594), as cited in Prez
Prendes Muoz Arraco, La recopilacin, 155; Celso, Las leyes, CCXLIII (R); Hevia
Bolaos, Curia Philipica, 266; Veitia Linaje, Norte de la contratacin, 33031; Lpez de
Tovar, Indice de las leyes, 105 and 53637; Antunes y Acevedo, Memorias histricas,
281 and 293; Sala (Bauls), Ilustracin del derecho real, 5455; and Alvarez, Institu-
ciones de derecho real, 8283.
25. Celso, Las leyes, CCXLIII (R). The original reads: Aunque nacer o criarse o morar
por mucho tiempo en alguna tierra sean las principales naturalezas que puede haber el
hombre . . . empo de las dichas maneras de naturaleza [tambin] adquierese naturaleza
por vasallaje . . . y si casase all, o si hay hubiere heredamiento, o si el seor de la tierra le
sacare de cautiverio o le librare de muerte o de deshonra . . . o si siendo mozo o turco se
tornare Christiano y por morar diez aos en algn lugar.
26. Lpez de Tovar, Indice, 105.
27. Castro y Bravo, Los estudios, 228.
28. Alvarez, Instituciones de derecho real, 82, and Uztariz, Theory and Practice,
39.
29. Fernndez Navarrete, Conservacin, 25. The original reads: Los extranjeros no se
hallan obligados, ni con fe, ni con amor.
30. Recopilacin de Castilla, law 14, title 3, book 1. The original reads: Como estos
extranjeros habidas las dignidades y benecios de las iglesias de nuestros reinos quieren
ms estar en sus tierras que en la ajena, sacase para ellos la moneda de oro de nuestros
reinos en gran dao y pobreza de ellos y con la renta de nuestros reinos se enriquecen los
reinos extranjeros y aun a las veces los enemigos . . . y el otro es que estos prelados y otros
beneciados, estando en su naturaleza socorrira a Nos . . . para la guerra de los Moros y
para la defensa de la corona real de nuestors reinos: lo cual cessa cuando los prelados y
beneciados no son nuestors naturales.
31. Alamos de Barrientos, Discurso poltico, 1416; Uztariz, Theory and Practice, 37
40; and Fernndez Navarrete, Conservacin, 126. See also Maravall, Del rgimen,
12021.
32. Uztariz, Theory and Practice, 38.
33. Fernndez Navarrete, Conservacin, 126. The original reads: que fuesen prendas
seguras de su delidad.
34. Discurso annimo en defensa de los extranjeros y su comercio, anonymous,
undated pamphlet, partially reproduced in Domnguez Ortiz, Los extranjeros, 17578,
Notes to Pages 7274 229
on 177. The original reads: casi todos los extranjeros . . . estn muy naturalizados en esa
ciudad, unos por los muchos aos que ha que viven en ella, otros por haber nacido
tambin en ella, otros porque se van casando y hay muchos que lo estn con hijas de
naturales, y los naturales con sus hijas, con que tienen muy grandes races echadas para
amar y desear el bien de estos reinos.
35. Lorenzo Herrera Betancur in his petition dated May 12, 1642, reproduced in
Sancho de Sopranis, Las naciones, 86971. The original reads: se regulan por natu-
rales porque la mayor parte de ellos viven en ella de 20, 30, 40 y 50 aos a esta parte,
siendo casados con naturales, teniendo sus haciendas y familias sin tener dependencia con
las cosas de Portugal.
36. Antunes y Acevedo, Memorias histricas, 29495, and Jos de Cadalso, as cited in
Diz, Idea, 340. The original reads: viene a ser en sustancia lo mismo que declararles
naturales por privilegio and ha legado a formar un excelente medio entre la gravedad
espaola y la ligereza francesa, or, in another case, ha llegado a unir la slidez espaola
con la amabilidad francesa.
37. Consulta of March 11, 1769, in AGS, GJ 873. The same was asserted by Gregorio
Lpez according to Prez Collados, Una aproximacin histrica, 66.
38. Consulta of March 21, 1769, in AGS, GJ 873.
39. Consulta of September 3, 1785, ibid.
40. Decision dated November 19, 1785, and correspondence of December 8, 1785, in
ibid.
41. The original reads: por no haber pruebas efectivas del nimo de permanecer y tener
algunas probables noticias de lo contrario, no vengo en conceder esta naturalizacin.
42. Consulta of January 18, 1762, in AGS, GJ 873.
43. Garca Ulecia, Naturaleza, 96.
44. Por el scal de su magestad en defensa de la respuesta que dio a las pretensiones
introducidas por los hijos nacidos en Espaa de padres extranjeros, in AGI, IG 2301,
fols. 3V, 4R, and 6R. The original read: poderse dar caso de que aunque concurran estas
circunstancias de hecho, de derecho no se le pueda declarar la naturaleza ni concederle
licencia para el comercio como debe practicarse con aquellos extranjeros que, aunque
hayan habitado el tiempo referido, se reconoce que estn transeuntes y sin nimo de
permanecer, ni constituir domicilio; Y asi entendida la disposicin de la ley de partida
que prescribe la habitacin de diez aos para la naturaleza, tiene la inteligencia de que
esta regla corre cuando la diurna habitacin hace que se presuma el nimo de permanecer
perpetuamente. Y as, aviendo presuncin o conjeturas contrarias, no se induce natu-
raleza. Con que los que habitasen en Espaa, siempre que las presunciones maniesten el
nimo de volverse, no podrn obtener naturaleza; and Porque la ley de Partida . . . hab-
lando de las naturalezas une estas palabras: la dezena por moranza de diez aos, que faga
en la tierra maguer sea natural de otra. Y si se hubiese de atender al sonido de las
palabras, la moranza de diez aos constituyera naturaleza y es indisputable que no lo
constituye sin nimo de permanecer segun las doctrinas referidas.
45. His case, included in AGS, GJ 873.
46. The cases of Diego Roberto Tolosa and Juan Lastache, natives of France, discussed
on January 22, 1785, and April 23, 1758, respectively, in AGS, GJ 873.
47. Lpez de Tovar, Indice, 536, and Hevia Bolaos, Curia Philipica, 266. The
230 Notes to Pages 7476
original reads: y si el natural del reino o habido por tal se fuera de l a vivir en otro
extrao donde constituye domicilio, si despus pretendiere ser natural del reino, no se
dice serlo.
48. Feijo y Montenegro, Amor, 145 and 147. The original read: Espaa es el
objeto propio del amor del espaol . . . esto se entiende cuando la transmigracin a otro
pas no los haga miembros de otro estado, en cuyo caso este debe prevalecer al pas donde
nacieron and tambin entiendo que esta obligacin no se la vincula la repblica porque
nacimos en su distrito, sino porque componemos su sociedad. As, el que legtimamente
es transferido a otro dominio distinto de aquel en que ha nacido y se avecinda en l
contrae respecto de aquella repblica la misma obligacin que antes tena a la que le di
cuna y le debe mirar como patria suya.
49. The cases of Bruno Francisco de Pereira in AGN/L, SG, varios 4, 120, and Juan
Francisco de Urrea described in cdula of April 16, 1719, in AGI, IG 1536. See also
Casado Alonso, Las colonias.
50. His case, debated on November 11, 1787, in AGS, GJ 873.
51. His letters and petitions, as well as the letters of the marquis of Lede of May 5,
1720, and Gaspar de Narbona of May 8, 1720, in AVM, secretara 234825.
52. Royal serviceconsidered a duty and not a rightallowed people to argue that
they maintained their membership in the community despite their actual absence: see
chapter 2 and cdula of 1565 cited in the decision of the cmara of Castile dated Novem-
ber 12, 1787, in AGS, GJ 873.
53. Recopilacin de Castilla, book 1, title 3, law 19 of 1565. The original reads: Con
que si los padres . . . estando fuera de ellos en servicio nuestro, o por nuestro mandado o
de paso y sin contraer domicilio fuera de estos reinos hubiera algun hijo fuera de ellos,
este tal sea habido por natural de estos reinos.
54. Consulta of the cmara of Castile, September 19, 1768, in AGS, GJ 873. The
original reads: de lo que pudiera presumirse deliberado nimo de establecer en ella
[Roma] su domicilio . . . antes de cumplir los diez aos que se necesitan para ello fue
empleado por Vuestra Majestad como queda referido, conservando por este medio la
naturaleza de Espaa que se retiene con el servicio de la corona and acredita la misma
posesin y convence el nimo e intencin de retenerla y conservarla [la naturaleza].
55. Decision of March 5, 1624, in AGI, contratacin 50B. The original reads: no se
atreve a hacerlo por las molestias que continuamente le hacen, as por el nombre extran-
jero que tiene.
56. Cdula of February 12, 1788, in AGS, GJ 873 reproducing his petition.
57. Consulta of November 3, 1770, in AGS, GJ 873.
58. The original reads: Estos antecedentes no aquietan su temor de no poder obtener
con seguridad benecio o renta eclesistica en estos reinos sin proceder formal declara-
cin de su aptitud . . . Tampoco le aquieta que su hermano Miguel de Olavide, residente
de Lima, se le permiti comercian en Indias and impracticable por hallarse tan con-
naturalizado en ellos que con dicultad hallara otra lengua que la espaola.
59. Consulta of February 26, 1772, in AGS, GJ 873. The original reads: para que en
ningn tiempo se le tenga por extranjero.
60. His petition in AGS, GJ 873.
61. The relationships between the king and the parliament was studied by Jago, Habs-
Notes to Pages 7677 231
burg and in Philip; Thompson, Crown and Cortes; Prez Prendes Muoz Arraco,
Cortes de Castilla; and Dios, Corporacin.
62. Bello Len, Extranjeros en Castilla, 1819, 3155 and 77171.
63. Cremades Grin, Cartas, 41, 47, and 5657. Examples of such cases are in-
cluded in AVM, secretara 234923 and a note written by the marquis of Grimaldi on
September 21, 1772, in AGS, GJ 873.
64. Early episodes (1520 and 1525) of this battle are described in Belmonte Daz, Los
comuneros, 74 and 1078, and Prez Prendes Muoz Arraco, La recopilacin, 153
57. See also Dios, Gracia, merced y patronazgo, 32728, and Prez Collados, Una
aproximacin histrica, 275323.
65. The servicio de millones was a form of taxation introduced at the end of the
sixteenth century: Cceres de Gea, Reforma y fraude scal; Andrs Ucendo, La scalidad
en Castilla; Fortea Prez, Monarqua y cortes and in Las ciudades; and Fernndez
Albaladejo, Cities and State, 17576. Thompson, Castile: Polity and in Castile:
Absolutism studies the institution of a series of formal contracts between the king and
the kingdom that set out the terms and conditions for the granting of scal services. These
contractsin existence since the 1590shad been applied to the millones tax since
1601. After 1618, they included conditions concerning the naturalization of foreigners.
66. Royal agreement was expressed, for example, in condition 33, of the fth type, of
1618 that stipulated that ninguna persona que no fuere natural de estos reinos pueda
tener las dichas venticuatrias, regimientos, juraduras ni otros ocios y que Su Majestad
en ninguna forma ni manera ni por ningunas causas ni razones, aunque se diga son por el
bien pblico, conceda a los dichos extranjeros cartas de naturalezas para tener los dichos
ocios, y que no se les den ni puedan dar para gozar pensiones, canonjas, dignidades ni
otros cualesquier benecios eclesisticos: Actas de las Cortes de Castilla, vol. 32, 529
30. This condition was reproduced again in 1632 (condition 32 of the fth type) and was
followed by a cdula of July 27, 1632, in which the king specically determined that
mando al presidente y los de mi consejo de la cmara que desde el da de la data de esta
mi carta en adelante no me consulten ninguna de las dichas naturalezas, y al reino junto
en cortes no den en manera alguna consentimiento para ello: Actas de las Cortes de
Castilla, vol. 51, 5455 and 33336. These conditions were frequently cited. For exam-
ple, they were mentioned in the discussion on the case of Angelo Garretn, in the manifest
elaborated by Joseph de Ledesma in 1657, in AVM, secretara 235014.
67. Petition of May 25 and 26, 1632: Actas de las Cortes de Castilla, vol. 51, 4748
and 61. Discussions in 1632 also demonstrated another point of contention: whether the
representatives of the cities were authorized to vote on this matter, or whether the deci-
sion could only be taken by the towns they represented. This question was openly de-
bated on September 22, and October 5, 1632: Actas de las Cortes de Castilla, vol. 52, 181
and 227. This discussion and the nature of representation during this period were
studied by Fortea Prez, Las ciudades.
68. The case of Juan Bapista Fini y Manzano, who was granted naturalization in these
kingdoms in order to enjoy an ecclesiastical rent in Teruel (Aragon) in Cortes de
Madrid, 33940.
69. Letter of Agustn de Montiano y Luyando in AM/V, GM 542, 5657, and the case
of Jos Dovia AVM, secretara 234824. The exceptionality of these cases was stressed
232 Notes to Pages 7779
by the king in his answer to the consulta of the cmara of Castile dated February 10,
1715, in BPR, II 2832, no. 15, 279R279V. This practice was also mentioned in Cre-
mades Grin, Cartas.
70. The naturalization of Francisco Faria (1721) in AGS, GJ 873.
71. Novsima Recopilacin, law 6, title 14, book 1.
72. Such opposition was voiced, for example, in the response of the city of Crdoba,
dated June 14, 1714, in BPR, II 1431, no. 53, fols. 332R334V. Similar protests were also
voiced by Toledo (undated document in AGS, GJ 873), Salamanca (AM/V, GM 514,
8586) and Madrid (different documents dated May 1716 in AVM, secretara 2394
63; discussion of 1747 and 1755 in AVM, secretara, 234842; manifest of Joseph de
Ledesma [1657] in AVM, secretara 235014; and AM/V, GM 514, 8586). The
response of the council of Murcia was studied in Cremades Grin, Cartas. The royal
councils often agreed with this stand: consulta of the cmara of Castille of September 26,
1715, included in BPR, II 2832, no. 15, 278R279V. See also the discussions of May 12,
1760, and February 1, 1764, in the cases of Carlos Saveli Spinola and Manuel y Genario
Conforto in AGS, GJ 873.
73. Manifest elaborated by Joseph de Ledesma in 1657, reproduced in AVM, secretara
235014, 3.
74. Recopilacin de Castilla, law 14, title 3, book 1. The original reads: otros man-
damos y damos facultad a todos y cualesquier nuestros sbditos y naturales que sobre
esto se pueda oponer y hacer resistencia pues la tal oposicin es sobre la exepcin y honra
y guarda de las preeminencias de su rey y de su patria.
75. Cmara of Castile on July 5, 1783, in AGS, GJ 873.
76. Discussion of October 9, 1771, in AGS, GJ 873.
77. Cmara of Castile on May 12, 1760, in AGS, GJ 873. These concerns were already
invoked in 1528 according to the Recopilacin de Castilla, law 20, title 3, book 1, which
determined that the ability of naturalized foreigners to enjoy ecclesiastical beneces in the
kingdom was conditioned in their local residence. In the same legal code, law 6, title 5,
book 3, natives and residents (naturales o moradores en estos reinos) were equated in
their right to obtain seignorial jurisdiction and distinguished from people who continued
to reside elsewhere. See also the response of Madrid to the royal letter dated November 9,
1734, in AVM, secretara 234839; the manifest written by Juan de Peralta on Septem-
ber 28, 1713, in AVM, secretara 239463; and the case of Antonio Ventura, debated in
the cmara of Castile on March 28, 1770, in AGS, GJ 873.
78. The scal of the cmara of Castile on September 4, 1773, in AGS, GJ 873. The
original reads: Don Bernardo de Begue goza de los privilegios de naturaleza de estos
reinos por haber tenido residencia y domicilio permanentes en ellos por muchos aos . . .
y por hallarse casado con hijos y arraigado en el principado de Asturias. . . . Que la carta
de naturaleza que solicita no puede ser otra que la declaracin de naturaleza . . . que
siendo esta declaracin quasi debida de justicia a quien ya tiene como el don Bernardo
Buegues la participacin de los privilegios de natural de estos reinos y no necesitandose
para la concesin de esta limitada gracia el consentimiento de las ciudades de voto
en cortes. See also the decision of the cmara of Castile on February 4, 1778, in AGS,
GJ 873.
79. Consulta of June 21, 1776, in AGS, GJ 873. The original reads: sera muy justo y
Notes to Pages 7982 233
conveniente al estado que por la concesin de esta y de las dems naturalezas semajantes
no se grave con servicios alguno pecuniario a los extranjeros ya avecindados en Espaa,
para que con este estmulo se animan otros a solicitar igual gracia y avecindarse en estos
reinos.
80. Consulta of February 1, 1764, in AGS, GJ 873.
81. AGS, GJ 873, for example, contains many different types of dispensas, covering the
period 175988, among which are naturalization letters.
82. Razn que puede ofrecer sobre concesiones de naturaleza de estos reinos, an
anonymous pamphlet, probably dated in the 1710s in AGS, GJ 873. The original reads:
es evidente que los soberanos son legisladores que segn las circunstancias de los sujetos
y como ms bien les agradare pueden sin nota y s con maduro acuerdo excepcionar a
algunos extranjeros para las dignidades eclesisticas y mandando a la cmara los natu-
ralice en vista de la gracia, porque de lo contrario se seguira una total subordinacin o
sujecin de la soberana, lo que es absurdo y muy nocivo y por la misma razn se han
visto innitos ejemplares en todos los reinos cristianos con singular acierto. See also
opinion of the cmara of Castile dated March 21, 1769, in AGS, GJ 873, and Dios,
Gracia, merced y patronazgo, 32728.
83. Castro y Bravo, Los estudios, 288.
84. Correspondence of the cmara of Castile with the audiencias of Barcelona, Aragon,
and Valencia in AGS, GJ 873. See also cdula of July 7, 1723, in ACV, SA-Ced/Prag.
C.10128.
85. Discussion concerning the case of Ramn Ri, a clergyman native of Majorca who
wished to hold an ecclesiastical ofce in Crdoba: consulta of November 11, 1787, in
AGS, GJ 873.
86. Letter of Juan Coln dated Madrid June 26, 1788, in AGS, GJ 873. The original
reads: [they are attached] a lo reducido del peasco y no pueden pensar en otra parte
para su colocacin . . . se quedan estancados en la isla y preocupados de un error heredi-
tario se persuaden que se les hara grave injuria si se abriese la puerta al forastero para
ocuparles su corto caudal, cuando ellos tampoco haban de disfrutar del continente
aunque se les abriera la puerta. As discurren ya porque no han visto ms tierra y se les
gura que no son aqu de la misma naturaleza los hombres, ya porque tiemblan por falta
de uso al pensar que han de salir de su casa, bien como aquel que habiendo estado toda su
vida encerrado entre cuatro paredes creyera que poniendo slo el pie en la calle haban de
acometerle mil monstruosos. . . . Como en el cuerpo natural la circulacin de la sangre, as
en el eclesistico y poltico la correspondencia mutua y participacin de ocios lo que
conserva su constitucin sana y complexin robusta.
87. The opinion of the scal dated September 24, 1772, was included in the delibera-
tions in the case of Pedro Carlos Aball in AGS, GJ 873.
88. Jimnez Sureda, Aliengenas, 1110.
89. Discurso contra la idea de poner en prctica los antiguados fueros del reino de
Aragn y privilegio de que slo sus nacionales obtuviesen los empleos de administracin
de justicia, dated in Zaragoza on July 30, 1748, in BPR, II 2832, no. 16, 283R290V.
90. The opinion of the scal, dated September 24, 1772, in the case of Pedro Carlos
Aball, in AGS, GJ 873.
234 Notes to Page 83
91. The French Council in the Canary Island, writing to the French minister of foreign
affairs in 1797: Guimer Ravina, Burguesa extranjera, 115n57.
92. This regime was called fuero de extranjera. It included the liberty to enter and
leave Spain with or without goods, to open shops, and to carry arms. Foreigners could
also trade with enemy nations and even sell them Spanish goods. They either paid re-
duced taxes or none at all. They were exempt from lodging soldiers in their houses, could
freely decide on the price of their goods, and their shops and books could rarely be
inspected by local ofcials. Foreigners could also have their own lawyers, representatives,
agents, and notaries, and they usually had their own consul and judge ( juez conservador).
They could inherit and give property in inheritance. In fact, the only serious disadvantage
was their inability to engage in the Spanish American trade or to hold public ofce or
ecclesiastical benece. A list of the benets enjoyed by foreign merchants is included in
Alvarez y Valds, Los extranjeros, 40113; Eugenio Larruga y Boneta, Historia de la
Real y General Junta de Comercio, Moneda y Minas y Dependencias de Extranjeros,
Madrid, 1799 (MSS Bell Library, University of MinnesotaTwin Cities Campus), vol. 3,
book 2, chap. 2, 133R8R; the prologue to the Indice cronolgico de los reales decretos,
consultas, rdenes y expedientes que existen en el Archivo de la Secretara de Dependen-
cias y Negocios de Extranjeros in AHN, estado, libro 683; letter of the Junta de Com-
ercio y Agricultura of Valencia dated April 3, 1773, in AHN, estado 6293/66; and
consulta of the Junta de Comercio, Moneda y Dependencias de Extranjeros dated De-
cember 22, 1778, in AHN, estado 5042. The origin of these privileges was mentioned, for
example, in Indice de los captulos de la obra Comercio de extranjeros en Espaa . . . in
AHN, estado 647/16. The importance of international treaties as guideline for the treat-
ment of foreigners was mentioned in the opinion of the teniente primero of Sevilla of
1773 in AHN, estado 6293/63, 1314. The fuero de extranjera was studied by Per-
court Garca, Una institucin.
93. Letter dated April 3, 1773, AHN, estado 6293/66. The original read: ellos
participan (aunque no lo quieren confesar) en los mismos benecios que los naturales en
el interior del reino, y aunque no lograsen otro que venir a l con tan humildes y bajos
principios y labrarse su fortuna con perjuicio de vuestros vasallos, que en su defecto
haran lo mismo y tomaran este carrera, parece que eran sucientes para que abrazasen
gustosos las leyes fundamentales de este reino y obedeciesen vuestras suaves y soberanos
preceptos ciegamente. Al contrario, seor: los resisten con todas sus fuerzas y no omiten
medio por irregular que sea para no observarlos; Llegue, pues, seor, el da claro y feliz
en que renazca el antiguo y oreciente comercio de nuestra Espaa. Vengan en hora
buena a ella extranjeros comerciantes, artesanos e industriosos, que se sujetan a nuestras
leyes y cargas del estado y disfruten con nosotros los benecios; and La razn y las
buenas mximas de poltica claman y dicen que el que participa de los benecios de la
repblica est tambin a las cargas de ella.
94. Recopilacin de Castilla, law 66, title 4, book 2. The original reads: y que sean
admitidos como los dems vecinos de l a los pastos y dems comodidades. See also
Indice de varias leyes . . . in AHN, estado 5042 and the draft of cdula where a 1722
decree is mentioned, in AHN, estado 5042. The same issue was raised by Francisco
Cobarrus and Antonio Ponz in the early 1780s according to Diz, Idea, 335 and 339.
95. The junta de extranjeros was established in 1714, abolished in 1717, and re-
Notes to Pages 8386 235
established in 1721. In 1748 it became part of the Junta de Comercio. The history of the
junta is described in Indice cronolgico de los reales decretos, consultas y rdenes y
expedientes que existen en el archivo de la secretara de dependencias y negocios de
extranjeros . . . in AHN, estado libro 683. See also Toms Ortiz de la Torre, Derecho,
71213, and Alvarez y Valds, Los extranjeros, 41318.
96. Opinion of the scal of the council of state dated March 12, 1766, in AHN, estado
5042. The original reads: Han pasado a ser vasallos de esta corona, sujetos a la clase y
leyes de espaoles.
97. The text of the 1716 instruction was reproduced in the Novsima Recopilacin, law
3, title 11, book 6. Its importance over time is evident from its continuous citation. See,
e.g., the royal order sent to the governor of Cdiz on March 10, 1762, in AHN, estado
647/17, and the letter of the Junta de Comercio y Agricultura of Valencia, dated April 3,
1773, in AHN, estado 6293/66, 34.
98. Instructions were sent to different authorities in Catalonia, Valencia, Aragon, Na-
varre, Granada, Galicia, Guipzcoa, Castile, Extramadura, Campo de Gibraltar, Ma-
jorca, Orn, Ceuta, Canarias, Bilbao, Madrid, Andalusia, Ciudad Real, and Oviedo:
AHN, estado 6291/2. See also Villar Garca, Un siglo.
99. Cdula of June 28, 1764, cited in Indice de varias leyes que existen y estn en
prctica en la monarqua espaola, relativas al establecimiento de extranjeros en estos
reinos, in AHN, estado 5042, 56.
100. AHN, estado 6291/3 to 6291/19; 6292/20 to 6292/57; and 6293/61 to
6293/79. These lists cover the following municipal communities: Orn, Madrid, San
Sebastin, Jan, Puerto Santa Mara, San Lcar, Cdiz, Mlaga, Teruel, Palma (Majorca),
Pamplona, Campo de Gibraltar, Tenerife, Zaragoza, Catalonia, La Corua, Len, Val-
ladolid, Tordesillas, Segovia, Zamora, Valencia, Ciudad Real, Bilbao, Seville, and Mur-
cia. The difculties faced by municipal communities wishing to implement this classica-
tion are described, for example, in AHN, estado 6293/63.
101. Letter of the marquis de Croix to the Junta de Comercio, Moneda y Dependencias
de Extranjeros, dated March 16, 1765, in AHN, estado 647/21. See also discussions
concerning the cdula of June 28, 1764, in AHN, estado 6291/2, and Larruga y Boneta,
Historia de la Real y General Junta de Comercio, Moneda y Minas y Dependencias de
Extranjeros, Madrid, 1799 (MSS Bell Library, University of MinnesotaTwin Cities
Campus), vol. 3, book 2, chap. 1, 137R and V.
102. AHN, estado 6291/4.
103. AHN, estado 6293/63.
104. Letter of the Junta de Comercio y Agricultura of Valencia, dated April 3, 1773, in
AHN, estado 6293/66, 11.
105. Letter of Gregorio Portora, judge (alcalde de crmen) of the court (audiencia) of
La Corua, dated April 19, 1766, in AHN, estado 6292/39, and Sevilles town council
meetings of April 1, 1773, and May 5, 1773, reproduced in AHN, estado 6293/63.
106. AHN, estado 6291/1.
107. AHN, estado 2893, and Novsima Recopilacin, law 4, title 11, book 6.
108. Cdula of June 28, 1764, in Nota de varias leyes . . . in AHN, estado 5042, 5.
109. Discussion in the junta on May 25, 1765, and June 21, 1971, in AHN, estado
647/21 and 5042, respectively.
236 Notes to Pages 8688
110. His opinion dated March 12, 1766, in AHN, estado 5042. The original reads: si
con casa poblada, no hubieren tcita ni expresamente declarado su nimo de permanecer,
porque como el domicilio por s solo es un hecho equvoco que se puede vericar en el
transeunte y en el que se traslada o ja de una vez su residencia en estos reinos, no era fcil
distinguir el verdadero sistema de los domiciliados sin valerse de otras circunstancias y
conjeturas aprobadas por el derecho and si les conviene restituirse con sus padres o sin
ellos a su originaria nacin, o permanecer avecindados entre los espaoles declarando su
nimo inscribindose en la matrcula.
111. Letter by Bartolom Muos dated July 28, 1807, in AVM, secretara 216664.
The original reads: la mente de sta es que en los empadronamientos se aclaren las dudas
que haya con respecto a los franceses existentes en Espaa sobre si son transeuntes o
naturalizados, dejando a su arbitrio en esta ocasin el que eligen el concepto bajo cual
quieren ser considerados, a n de que previa dicha eleccin puedan ser tratados con la
distincin correspondiente a la clase elegida y segn lo prescripto en las leyes de estos
reinos, asi en lo favorable, como en lo gravoso.
112. Teniente primero of Seville, on March 17, 1773, in AHN, estado 6293/63, 13,
19, and 25. The original reads: el reputarse el extranjero por domiciliado no es solo a
benecio suyo, sino tambin de la corona y de los vasallos, por tener este vecino ms que
les ayude a llevar las cargas y consecuentemente, una vez adquirido este derecho por los
medios que se hallan prevenidos por l, no est en su arbitrio el hacer dimisin de l,
como suceder si se le estimase transeundo por slo el hecho de alistarse por tal aunque
concurriese alguna de las circunstancias para reputarlo por domiciliado and es cosa
ms extraa y repugnante al espritu de la misma real cdula, y aun a la letra de ella
apenas se puede dar, que por lo propio si se vericase, no podra menos de ocupar una
gran novedad y aun alteracin en el pueblo mayoritariamente que ya se ha advertido slo
con el rumor de que se entenda e iba a practicarse asi . . . que no siendo asi la causara una
exorbitante alteracin que siempre debe evitarse.
113. The juntas letter of April 3, 1773, in AHN, estado 6293/66, 23 and 5.
114. The scal of the council of state in 1766. The scal also stated that among the
alleged foreigners, there were in fact many (true) Spaniards. The foreigners, he said
suponen una porcin numerosa de verdaderos espaoles: his opinion, inserted in the
consulta of the Junta de Comercio, Moneda y Dependencias de Extranjeros of June 7,
1766, in AHN, estado 5042. The wish to bring to Spain useful Catholic foreigners was
especially strong during the eighteenth century: Domnguez Ortiz, La sociedad espaola,
vol. 1, 24951. Contemporary writers echoed this interest: Uztariz, Theory and Practice,
3740, and Fernndez Navarrete, Conservacin, 12333.
115. Opinion of the representative of royal interests ( scal ) of the council of state, as
reproduced and adopted in the consulta of February 26, 1774, in AHN, estado 5042,
fols. 7580. The original reads: dos naciones enemigas, en virtud de dichas leyes, se
convirtieron en una, guerrera y poderosa . . . acudan personas de toda la cristianidad
segn crnicas antiguas. Present-day research partially afrms this image, insisting, for
example, on the role of foreigners in both the reconquista and the resettlement of Castile.
116. This was the opinion of the council of state in a draft of a letter it wrote to the
Conde de Floridablanca in July 1791 in AHN, estado 5042. The confusion apparently
Notes to Pages 8890 237
continued into the 1800s: see, e.g., the letter of Bartolom Muoz, dated July 28, 1807, in
AVM, secretara 216664.
117. A copy of the 1791 instructions is inserted in AGI, consulados 53. The 1791
instruction was also reproduced in the Novsima Recopilacin, laws 8 and 9, title 11,
book 6. The implementation of the 1791 instruction was studied by Salas Ausens, Les
Franais, and Ozanam, Le recensement.
118. Cdula of July 20, 1791, in AHN, estado 5042. The oath was as follows: to
observe the Catholic religion and to be loyal to it and to the king, wishing to become his
vassals and subjecting themselves to the laws and practices of these kingdoms. The
original reads: observar la religin catlica y guardar delidad a ella y al rey Nuestro
Seor y querer ser su vasallo, sujetndose a las leyes y prcticas de estos reinos.
119. Letter of Conde de Floridablanca to Manuel Ximnez Bretn, dated July 12,
1971, in AHN, estado 5042. The original reads: renuncindose a todo fuero de extran-
jera y a toda relacin, unin y dependencia del pas en que hayan nacido y prometiendo
no usar de la proteccin de l, ni de sus embajadores, ministros o cnsules.
120. Instruccin que debe servir de regla para distinguir los extranjeros transeuntes y
domiciliados . . . in AHN, estado 5042. The original reads: se deben entender y reputar
en la clase de vasallos espaoles, separados de su originario fuero y pabelln.
121. Puntos contenidos en la real cdula . . . in AHN, estado 5042. The oath of
transitory foreigners included respecto, sumisin y obediencia al soberano y leyes del
pas.
122. Salas Ausens, Les Franais, 169, and Villar Garca, Un siglo, 92223.
123. The 1791 instruction clearly stated that foreigners who had declared themselves
domiciled would have to be accepted by the municipalities where they lived: Instruccin
que debe servir de regla . . . in AHN, estado 5042. The same idea was expressed in Lar-
ruga y Boneta, Historia de la Real y General Junta de Comercio, Moneda y Minas y De-
pendencias de Extranjeros, Madrid, 1799 (MSS Bell Library, University of Minnesota
Twin Cities Campus), vol. 3, book 2, chap. 1, 133V.
124. Puntos contenidos en la real cdula, instruccin y declaraciones posteriores
expedidas sobre la salida de extranjeros o su permanencia en Espaa in AHN, estado
5042. The original reads: esta libertad es una gracia particular que ha querido conceder
el rey por pura moderacin y equidad, pues estando sealados en las leyes de Espaa los
extranjeros que deben reputarse por avecindados, pudiera su majestad haber mandado
desde luego que se les sujetara a las cargas y obligaciones de tales . . . que son propios de su
soberana. A similar idea is expressed in the letter of Bartolom Muoz, dated July 28,
1807, in AVM, secretara 216664.
125. Letter of the legal adviser to the captain general of Mlaga dated July 16, 1765,
and the answer of the junta in AHN, estado 6292/23.
126. Family pacts were celebrated in 1733, 1743, and 1762 between the kings of
France and Spain. A summary of their contents is included in Daz Plaza, La historia de
Espaa, 17475, 18991, and 22834. The third pact (1762), which lasted until 1793,
included direct reference to the status of individual vassals. It was studied in Pont de
Nemours, Le pacte de famille; Palacio Atard, El tercer pacto; Ozanam, Les origines;
and Hernndez Franco, Del tercer. The pact was invoked by litigants, e.g., by Nicols
238 Notes to Pages 9094
Campe, a Sicilian, in AN/Q, FE 34 vol. 94 no. 3643, 1023. In 1782, Joseph de Copons
attested that his family immigrated to France because of the family pacts, but that despite
this immigration it continued to be Spanish: the cmara of Castile on July 20, 1782, in
AGS, GJ 873.
127. The activities of the French consul in Valencia were described in the letter of the
local Junta de Comercio y Agricultura of April 3, 1773, in AHN, estado 6293/66, 45.
The response of the French community to these measures is briey mentioned in Girard,
Le commerce franaise, 57178. A similar position was adopted by the English consul in
1714 according to Carrasco Gonzlez, La colonia, 33435. The consul specically
rejected the idea that individuals could be transformed into Spaniards without openly
expressing a desire to permanently reside in Spain.
128. Letter of the French ambassador addressed to the marquis of Grimaldi, dated
Madrid March 25, 1771, in the Consulta General of February 26, 1744, AHN, estado
5042, 1822. The French ambassador was again active in 1807, according to the letter of
Bartolom Muoz dated July 28, 1807, in AVM, secretara 216664. See also Grand-
maison, Lambassade Franaise, 4854. Although the measure was general, the French
ambassador believed that it specically targeted the French community and was moti-
vated by the fear of the spreading of revolutionary ideas. He complained that the Spanish
authorities were inexible, and he argued that it was the end of Spanish tolerance of
foreigners. Rather than supporting integration, these measures aimed at expelling for-
eigners from Spain.
129. Consulta of February 26, 1774, in AHN, estado 5042, 7375. A similar opinion
was expressed by the procurador general del reino, who in 1768 requested the king to
grant special privileges to domiciled foreigners: Consulta of February 26, 1774, in AHN,
estado 5042, fols. 1718
130. Alvarez, Instituciones de derecho real, 6667 and 8284. The original reads:
Por naturaleza entendemos una inclinacin que reconocen entre s los hombres que
nacen o viven en una misma tierra y bajo un mismo gobierno. . . . Esta consideracin tiene
tanta fuerza que hace imitar perfectamente la naturaleza; pues as como sta admite en el
gremio de parientes a los extraos que se hacen adoptivos, as tambin aquella abriga en
su seno a los extranjeros que legtimamente se domicilian.
131. Por el scal de su magestad en defensa de la respuesta que dio a las pretensiones
introducidas por los hijos nacidos en Espaa de padres extranjeros in AGI, IG 2301, 4R.
132. Fernndez Navarrete, Conservacin, 132.
133. Novsima Recopilacin, law 3, title 11, book 6.
Garbey in BNE, MSS 19.512, 43637. See also Domnguez Ortiz, La Concesin,
23637.
43. Ayala, Diccionario, vol. 10, 810. See also Morales Alvarez, Los extranjeros, 205.
44. Escalona y Agero, Arcae limensis, 158.
45. Cdula of February 10, 1795, in AGI, IG 821. Gracias al sacar were royal decrees
that declared, for example, that a mestizo was white, or that allowed minors to act as
though they were of age: Santos, El rgimen de las gracias al sacar.
46. The scal of the audiencia of Lima on February 23, 1762, in AGN/L, RTC, conten-
cioso 252, cuaderno 61, 6364. The original reads: y otros nacidos en reinos y provin-
cias no sujetas al dominio y jurisdiccin del rey, aunque naturalizados en Espaa por
responder a exigencias de las leyes de Castilla o por privilegios particulares de ellos para
residir y habitar en Espaa, para el efecto de tratar y contratar en Indias deben ser tenidos
por extranjeros.
47. Boissonnade, Histoire de la runion.
48. AGN/L, RTC, contencioso 252, cuaderno 66; cdulas dated January 21, 1788, and
January 18, 1785, in AGI, IG 1536 and Morales Alvarez, Los extranjeros, 38082. I will
return to these issue in chapter 6.
49. Recopilacin de Indias, law 27, title 27, book 9. See also Hevia Bolaos, Curia
philipica, 266.
50. AGI, consulados, libros 445 and 446 and legajos 788 and 892A; AGI, IG 1538 and
2301; AGI, EC 1057A; and AGI, contratacin 50B. See also consultas of the Council of the
Indies of February 9, and November 9, 1742, in BPR, II 2755, nos. 23 and 24, 149V
160V, and the dissertation of Juan Antonio Enrique, minister of the navy in San Sebastin,
dated October 10, 1785, in BPR, II 12.868, no. 4, 39R46V. Some of these documents
were published by Muro Orejn, Cedularios americanos, vol. 3, 3037 and 31719. This
conict was studied by Gutirrez de Rubalcava, Tratado histrico, 12228; Garca Ber-
nal, Los espaoles; Morales Alvarez, Los extranjeros, 119246; and Garca-Maurio
Mundi, La pugna.
51. As early as 1624, Guillermo Bequer requested a declaration stating that he was
allowed to participate in the Spanish American trade despite being the son of a foreigner.
This declaration was necessary, he explained, because people believed the contrary: his
petition of March 5, 1624, in AGI, contratacin 50B.
52. A summary of the guilds arguments is included, for example, in Respuesta que
dan algunos hijos de Espaoles antiguos a un papel que se ha divulgado con ttulo de
noticia . . . de las vejaciones y daos que los hijos de extranjeros naturales del reino ha
hecho y causado el consulado (undated and anonymous), in AGI, consulados 892A.
53. Noticia de las diligencias hechas entre el consulado y los hijos de extranjeros en
grave dependencia que se subscit en el ao 1719 y se feneci en el de 1728 in AGI,
consulados 892A, 4. The original reads: porque ni el tiempo de la residencia ni el
nacimiento dan naturaleza y solo la conere el nimo de permanecer continuado por el
tiempo que prescriben las leyes del reino.
54. The burden of proof was specically mentioned in the Respuesta que dan algunos
hijos de espaoles los antiguos a un papel de las vejaciones y daos que a los hijos de
extranjeros naturales del reino han hecho y causado el consulado. in AGI, consulados
892A, 14. This was also the regular practice in subsequent years.
Notes to Pages 10809 243
55. The case of Feliz Linze, debated on December 15, 1727, in AGI, consulados, libro
446, 88, and the cases of Juan Francisco Agens, Francisco Derbao, and Andrian Pedro
Barnes, of 1722 and 1723 in AGI, IG 1538. The term used in Spanish was natural y
originario de estos reinos y capaz para comerciar en Indias. This was the practice until
1812: AGI, consulados 892A, and Dictamen de Juan Antonio Enrique, ministro general
de marina . . . que explica los requisitos que deben concurrir en los genizaros para obtener
los privilegios de naturalizacin y que con sus embarcaciones y bandera espaola pueden
comerciar en Europa y Amrica, dated in San Sebastin on October 10, 1785, in BPR, II
12.868, no. 4, 39R46V.
56. His petition discussed on April 6, 1772, in AGI, consulados 892A, carpeta 2/2.
57. Letter of Domingo Orrante to the audiencia of Lima, dated February 4, 1762, in
AGN/L, RTC, contencioso 252, cuaderno 61, 6064, on pp. 6162 and the discussion
that follow, especially on pp. 64 and 6667.
58. Consulta of the Council of the Indies dated February 9, 1742, in BPR, II 2755, no.
23, 149V153V; cdula of April 20, 1742, in AGI, consulados, libro 446, 33540; and
different documents in AGI, consulados 892A, mostly from the 1760s. This issue was
also mentioned in the Noticia de las diligencias hechas entre el consulado y los hijos de
extranjeros: AGI, consulados 892A, 3061.
59. Noticia de las diligencias . . . , AGI, consulados 892A, 7, 48, and 51. The original
reads: naturaleza nativa y propiamente originaria and era mejor la naturaleza de
aquel que as l como los ascendientes de quienes vena, fueron e moraron all en la tierra
donde es el seor. The question of whether the conversion of foreigners into natives was
ever complete and whether it gave the community sufcient assurance that those who
were once external can now be trusted had already been invoked by ius commune jurists:
Riesenberg, Civicism, 240.
60. Por el scal de su majestad en defensa de la respuesta que dio a las pretensiones
introducidas por los hijos nacidos en Espaa de padres extranjeros. in AGI, IG 2301, 6V
and 7R. The original reads: Adems, de que si se mira con reexin esta materia, no es
dudable hay razn de diferencia entre los naturales originarios y los hijos de extranjeros,
pues aquellos siempre han estado en el dominio de su majestad, sirvindole como tambin
sus ascendientes, sin tener conecciones extraas y asi su amor es ms radical y perfecto y
los hijos de extranjeros no pueden dejar de tener la afeccin al propio orgen que el
derecho le considera aun ms fuerte que el de la natividad. . . . Tienen en los dominios
extranjeros los ascendientes y parientes a quienes miraran con el cario que induce la
propia sangre. . . . De esta razn de afeccin, resulta otra de poltica de cualquiera bien
ordenada repblica, pues teniendo estos naturales el conocimiento con las potencias
extranjeras por las conecciones de parentezco y amistad . . . podrn participar las noticias
del estado del reino, sus disposiciones, progresos y resoluciones, lo cual debe prohibirse
como tal perjudicial al bien pblico.
61. Undated answer of the sons of foreigners, in AGI, consulados 982A, 1415. The
original reads: despues de su nacimiento, establecimiento y dems circunstancias que
aseguran la permenencia y sin haber conocido otro soberano ni tributndole, ni otra
patria, domicilio, vecindad o habitacion . . . por hallarse calicados con los requisitos
tocados de nacimiento, establecimiento y dems y sin experiencia de alguno que se haya
revocado o vuelto a los dominios de sus mayores y ascendientes.
244 Notes to Pages 11012
62. Consulta of November 9, 1742, in BPR, II 2755, no. 24, 153V160V, 157V. The
original reads: nadie podr probar ser descendiente de los compaeros de Tuval que de
resulta de la confusin de las lenguas vinieron a poblar a Espaa, habiendo sido sta tan
inundada de inumerables naciones que por gran timbre el ms lingudo suele alegar su
orgen de la nacin goda (mucho posterior a otras que dominaron la Espaa) . . . hasta
ahora, nadie ha imaginado ni pensado en formar un rbol genealgico declarando qu
grados de antiguedad en el orgen se necesita para comerciar en Indias.
63. His case, discussed in 1771 and 1772, in AGI, consulados, libro 445, 33842. The
original reads: se le tenga y repute por espaol nacido y procreado en estos reinos.
64. The argument that different immigration policies produced a different regime in
Spain and Spanish America was included, for example, in Noticia de los diligencias
hechas entre el consulado y los hijos de extranjeros, undated pamphlet in AGI, con-
sulados 892A, 12.
65. Recopilacin de Indias, laws 124 and 1624, title 27, book 9, and title 23, book
3. The effects of these measures were studied by Rodrguez Vicente, Los extranjeros;
Ortz de la Tabla y Ducasse, Extranjeros; Moreno, Los extranjeros; and Herzog,
Stranger. The extraordinary nature of these grants and their revocability were men-
tioned in Veitia Linaje, Norte de la contratacin, 336. The relation between these grants
and naturalization was explored in Nunn, Naturalization, 6263 and in his Foreign
Immigrants, 98.
66. Limas merchant guild on December 16, 1761, in AGN/L, RTC, contencioso 252,
cuaderno 61, 15, on pp. 34.
67. Cdula of October 14, 1676, in AGI, IG 1536.
68. Cdula of September 15, 1784, in AGN/BA 93035.
69. Limas guild was studied by Moreyra y Paz Soldn, El tribunal del consulado de
Lima, sus antecedentes and in El tribunal del consulado de Lima: Quaderno de juntas;
Malca Olgun, Gobierno and in his El tribunal; Rodrguez Vicente, El tribunal del
consulado de Lima en la primera mitad; Melzer, Bastion of Commerce; and Smith,
Estudio histrico del consulado. In pp. 13944 and 155 Smith studies the guilds
involvement in the prosecution of foreigners during the eighteenth century. Mercantile
activities in other parts of the Spanish America are described in: AGI, consulados 788;
AGN/BA, 93337; AGN/BA, 93973; Town council meetings of February 6, July
1, November 24, 1730, and October 23, 1732, in Acuerdos del extinguido cabildo de
Buenos Aires, ser. 2, vol. 6, libros 1113, 1718, 241, 294, and 55458; meetings of
April 12, 1734, and June 9 and 17, 1738, in Acuerdos del extinguido cabildo de Buenos
Aires, ser. 2, vol. 7, libros 2324, 51, 6366, 281, 470, and 47273; meetings of June 30,
July 6 and 14, 1740, and May 24 and July 1, 1743, in Acuerdos del extinguido cabildo de
Buenos Aires, ser. 2, vol. 8, libros 1425, 15155, 42021, and 42728, and so forth.
See also Nunn, Naturalization, 61.
70. AGN/L, RTC, contencioso 252, cuaderno 61, 5152; document of March 1, 1760,
in AGI, consulados 892A; and the guilds letter of March 1, 1759, in AGI, consulados
794. See also Campbell, Foreigners, 156.
71. Cdula of May 10, 1761, in AGN/L, SG, varios 4, cuaderno 122 (another copy of
the same cdula is inserted in AGN/L, RTC, contencioso 252, cuaderno 61, 5356), and
decision of February 23, 1764, in AGN/L, RTC, contencioso 252, cuaderno 77, 1011.
Notes to Pages 11214 245
In his memoirs, Viceroy Manuel de Amat y Juniet recognized the guilds contribution to
the expulsion campaigns: Rodrguez Casado and Prez Embid, Manuel de Amat y Juniet,
22526. Examples of lists elaborated by the guild are found in AGN/L, RTC, conten-
cioso 252, cuaderno 61. See also the representation of the merchant guild of Cdiz, dated
1789 in AGI, consulados 62, 6 bis, and AGI, consulados 92, no. 3.
72. AGN/L, SG, varios 4, cuaderno 148.
73. AG/L, RTC, contencioso 252, cuaderno 66. The original reads: Qu dao es el
que hago yo al tribunal del consulado ni al comercio de esta ciudad y reino, cuando desde
que vine de Espaa la mayor parte del tiempo la he ocupado en asistir y ayudar a los
principales mercaderes.
74. Cdula of March 11, 1723, in AGI, consulados, libro 445.
75. Document dated October 13, 1775, in AN/Q, FE 34, vol. 94, no. 3643, 1023; AN/
Q, gobierno 26, expediente 31.5.1777; and AN/Q, gobierno 29, expediente 31.10.1780.
Campe himself used similar strategies. In 1795 he invoked the military fuero in order to
avoid paying his own debts: AN/Q, gobierno 46, expediente 9.2.1795.
76. AGN/L, RTC, contencioso 252, cuaderno 61, 3.
77. Ibid.
78. Ibid., 2 and 4649.
79. Allegations of Carlos Magron in AN/Q, gobierno 42, expediente 22.10.1790.
80. Nunn, Foreign Immigrants, 11013.
81. AGN/L, RTC, contencioso 252, cuaderno 61, 2, and AGN/L, RTC, contencioso
252, cuadernos 67. Although the Recopilacin de Indias, law 10, title 27, book 9, ruled
that artisans with useful ofces could be allowed to remain in Spanish America, more
important than the legal authorization was the fact that merchants and mercantile inter-
ests were not threatened by the presence of artisans.
82. AGN/L, RTC, contencioso 252, cuaderno 61, 3536 and 43, respectively.
83. His petition, presented in Lima on January 8, 1762, in AGN/L, SG, varios 3,
cuaderno 107, 12. The original reads: Pues mi nacimiento fue en la villa de Cangas del
reino de Galicia sujeta al rey catlico de las Espaas, y nacido de padres notoriamente
calicados e ilustres por serlo del capitn de granaderos don Pedro Mario y de doa
Mara Barrieros y Figueroa, naturales de dicha villa . . . este testimonio denigrativo a mi
persona y haciendo injuria a mis padres cerca a su naturaleza y nobleza que es de la
primera jerarqua en el reino de Galicia y que mis padres y abuelos han servido a su
majestad.
84. AGN/L, SG, varios 3, cuaderno 107, and AGN/L, RTC, contencioso 252, cua-
derno 77.
85. AGN/L, RTC, contencioso 252, cuaderno 61, 12. The same allegation was also
reproduced in AGN/L, SG, varios 4, cuaderno 122. The original reads: no se necesita
para saber que es francs ms ejecutoria que la rma que pone en el escrito de dicha
hoja . . . porque es letra tan extranjera, como es su habla, de modo que en habla y letra
tiene dos irrefragables testigos de su extranjera.
86. AGN/L, RTC, contencioso 252, cuaderno 76, 1416, on p. 14. The original reads:
es notoria su extranjera en primer lugar . . . no porque no habla el castellano, sino
porque no lo habla seguido, tropieza en las palabras sin que esto venga de defecto en las
articulaciones y le falta aquella extensin de trminos que es propia de quien los ha
246 Notes to Pages 11416
adquirido despus de la edad mayor. Similar claims were made against Francisco Vasalo
in the same cuaderno, 3841 on p. 42. Another example is the case of Juan Bautista
Placert, narrated in AGI, Quito 126, 22425. Juan was suspected of foreignness because
of his surname. But following legal procedures, he was declared native. In 1722, Andrian
Pedro Barnes was classied as a foreigner because of his surname. It was later made clear
that he was the son of foreigners born in Spain and thus, a true Spaniard: his case,
discussed on August 1722, in AGI, IG 1538. The case of Guillermo Bquer was similar:
decision of March 5, 1624, in AGI, contratacin 50B.
87. The problems inherent in using cultural traits as proofs for membership was openly
discussed in the allegations of the merchant guild of January 21, 1762: AGN/L, SG,
varios 3, cuaderno 107. See also AGN/L, RTC, contencioso 252, cuaderno 61, 51, and
AGN/L, SG, varios 4, cuaderno 122, especially the opinion of the scal dated December
10, 1761. This was also the conclusion of the Cdiz merchant guild according to Acu-
erdo del comercio de Cdiz, August 21, 1721, in AGI, consulados 892A, 10.
88. AGN/L, SG, varios 3, cuaderno 107.
89. Town council meetings of January 3, and June 27, 1795, and meeting of January
12, 1796, in Acuerdos del extinguido cabildo de Buenos Aires, ser. 3, vol. 10, libros 49
54, 465 and 515 and vol. 11, libros 5457, 16, respectively.
90. Letter of the interim viceroy of Peru to the king, dated August 11, 1681, in AGI,
Lima 81, cuaderno 4, no. 20. The original reads: la averiguacin de esta materia es muy
dicultosa, pues en las Indias pocos o ningunos solicitan mantenerse en ellas confesando
ser franceses, ingleses, holandeses ni de otra nacin, sino la de castellanos, andaluces,
navarros y vizcanos, usando la cautela de mudarse el nombre por si llegase el caso de la
pesquisa de averiguarles la patria. The complaint of Limas merchant guild on December
16, 1761 was similar, according to the information it supplied the viceroy in AGN/L,
RTC, SG, varios 4, cuaderno 122. An additional copy of this information is inserted in
AGN/L, RTC, contencioso 252, cuaderno 65, 1020.
91. AGN/L, RTC, contencioso 252, cuaderno 77, 19. The original reads: porque yo
soy espaol, siendo nativo de la ciudad de Valencia.
92. Other authorities, under different circumstances, were nevertheless willing to ac-
cept licences of passage as proofs. For example, in 1678 Buenos Aires, the city council
refused to proceed against several Greek merchants because the licences they carried
certied that they were Spaniards: Acuerdos del extinguido cabildo de Buenos Aires, vol.
15, libro 10, 21617.
93. Public fame and public knowledge were categories of proof: Lvy, La hir-
archie des preuves; Ghisalberti, La teoria; and Herzog, La administracin, 25578.
94. AGN/BA, 93973.
95. The case of Joseph Labordiva in AGN/L, RTC, contencioso 252, cuadernos 61, 3
and 77, and cuaderno 65, 15.
96. Carta ejecutoria of March 20, 1723, in AGI, consulados, libro 446, and AGI,
consulados, libro 445, unattached document.
97. AGN/L, RTC, contencioso 252, cuaderno 76, 3236. The original reads: lo que se
trata en este proceso es distinguir el extranjero del natural, lo que no puede hacerse sin
prueba y no porque el tribunal cometa algn error de lista en que se incluyen muchos que
no son extranjeros se puede resolver sobre sola su consulta.
Notes to Pages 11923 247
privilegios que gozen en Espaa los naturales irlandeses, dated May 4, 1792, in AGI,
consulados 53.
16. AN/Q, gobierno 21, expediente 19.11.1763. The original reads: una vez he log-
rado el hallarme distante del riesgo de que hu, y he conseguido el seguro de la tran-
qulidad en mi cristiana profesin, gozando de este benecio el espacio de 10 aos a que
moro entre espaoles y sus tierras, prentendo y protesto jurar domicilio y vecindad en el
lugar que ms cmodo me fuese de este provincia and a ms de lo que dec lleva la
religin y el derecho natural y el amparo y proteccin que de ms de catlico de un sujeto,
que desde sus tiernos aos huyendo de que lo infestasen las diversas sectas de hereja, ha
que se hallaba expuesto en un reino y nacin protestante.
17. The cases of Juan Valois, Diego Poner, and Arturo Alejandro, who defended their
right to remain in Peru in 1761: AGN/L, RTC, contencioso 252, cuadernos 64 and 77,
and AGN/L, SG, varios 4.
18. The opinion of the scal of Quito, dated March 1, 1763, in AN/Q, gobierno 21,
expediente 19.11.1763. The same position was also adopted by Antunes y Acevedo,
Memorias histricas, 29395.
19. This became the common practice: AGI, consulados, libro 445, 24446 and 262
65.
20. The Spanish version identied the Chueta as de estirpe hebraica. Eighteenth-
century Chuetas are studied in Paz, Reclamaciones; Moore, Those of the Street, 153
54; Corts Corts, Historia de los judos mallorquines, vol. 2, 33347; Selke, Conversos
of Majorca; Isaac, Els jueus de Majorca, 5859; Gonzlez Esquerdo, Orgines; and
Poqueres i Gen, Lourde alliance, 24451. Their petition dated February 12, 1773, as
well as the proceedings that followed it, are found in AGS, GJ 1021. Many of these
documents were published by Prez Martnez, Revindicacin de los judos mallorquines.
Their contents are also summarized in Riera, Carlos III y los Chuetas mallorquines.
21. Petition of the Chuetas of February 12, 1773, in AGS, GJ 1021. The original reads:
todos los hijos de Adn descienden de judos o gentiles and Cul era la causa para la
exclusin . . . que si por a caso era el que viniesen los suplicantes de un orgen que tal vez
es comn a toda la nacin y sin duda a la mayor parte.
22. The report of the audiencia dated May 4, 1774, in AGS, GJ 1021.
23. The original reads: denigran en general a la nacin espaola, con uno de los
mayores demuestros que conocan las leyes, armando en su memorial que el orgen de
que ellos venan era tal vez comn a toda la nacin y sin duda a la mayor parte? Qu se
poda prometer de los que tenan la loca osada de suplicar a su rey que los sacase de su
bajesa y los enlasase a todos los honores reputndole precisado a ello, cuando ni los
vasallos del ms alto carcter hablan en este tono a su soberano?
24. The original reads: humillados . . . los individuos de la calle aspiraran siempre a
ser conservados en la patria en que nacieron, por medio de una conducta justicada,
porque a tales gentes solo les contena el temor de perder sus intereses y conveniencias y
no el amor al prncipe que les defenda ni al estado con cuya substancia vivan, ni tenan
por honor otro objeto que su inters.
25. Opinion of July 2, 1774, in AGS, GJ 1021. Pedro Rodrguez Campomanes (1723
1803) was a well-known gure in Spanish enlightened circles and was personally respon-
Notes to Pages 12629 249
sible for many eighteenth-century reforms: Rodrguez Daz, Reforma e ilustracin; Llom-
bart, Campomanes; and Vallejo Garca-Hevia, Campomanes, 14352.
26. Opinion of March 1, 1775, in AGS, GJ 1021.
27. Consulta of November 15, 1778, in AGS, GJ 1021.
28. The original reads: encender un violento fuego de emulacin y odio inexinguible
porque en la aprehensin de la gente popular se interpreta como una mancha de honor.
29. Opinion of October 1, 1782, in AGS, GJ 1021. The status of Minorca during that
period is described in Pia Homs, La reincorporacin de Menorca and the cdula of
March 11, 1799, in AN/Q, gobierno 51, expediente 21.10.1799.
30. The discrimination of converso in late medieval and early modern Spain was the
subject of innumerable studies. For my purpose, I found the following most useful:
Sicroff, Les controverses des status de puret de sang; Domnguez Ortiz, Los judeocon-
versos; Riandiere la Roche, Du Discours; Contreras, Limpieza; Molas Ribalta, El
exclusivismo; Gutirrez Nieto, El reformismo; Kamen, El mbito and in his Lim-
pieza; Cuart Moner, Colegiales mayores y limpieza de sangre; Hernndez Franco, Cul-
tura y limpieza de sangre, 1121 and 17578; and Netanyahu, Origins of the Inquisi-
tion, 351661 and 10034.
31. Dedieu, Hrsie.
32. These orders were mentioned in a cdula of November 11, 1692, in ACV, SA-
Ced/Prag. C.866. The literature on anti-Gypsies legislation in Spain is abundant. Some
of the most important titles are: Snchez Ortega, Documentacin sobre la situacin and
Los gitanos espaoles; Leblon, Les gitans dans la pninsule, in Les gitans dEspagne,
and in Les gitans: Une socit ferme?; and Peael Ramn, Gitanos. Anti-Gypsies
perceptions were also mentioned by Herrero Garca, Ideas de los espaoles, 64155, and
Garca Martnez, Otra.
33. Pragmtica of June 12, 1695, in ACV, SA-Ced/Prag. C.888.
34. Pragmticas of January 14, 1717; October 1, 1726; October 30, 1745; July 19,
1746; October 28, 1749; and February 28, 1784, citing that of September 19, 1783, in
ACV, SA-Ced/Prag. C.1088; C.10139; C.128; C.1218; and C.1253, and in AGS,
GJ 1004, respectively. The contents of many of these pragmticas are enumerated in the
Novsima Recopilacin, title 16, book 12. AGS, GJ 1005 and 1006 include additional
information about the prosecution of Gypsies. See also Alvarez Valds y Valds, La
extranjera, 49196.
35. According to the legislation, a Gypsy family could include three generations, as
long as the younger ones were unmarried.
36. Recopilacin de Indias, law 20, title 26, book 9 and law 5, title 4, book 7. Law 5
states that Gypsies could easily trick the Indians because of their natural simplicity, and
that because of the great distances in Spanish America, they would be virtually uncontrol-
lable. The original reads: entre los indios a los cuales engaan facilmente por su natural
simplicidad . . . y conviene que, en las Indias, por las grandes distancias que hay de unos
pueblos a otros y teniendo mejor ocasin de encubrir y disimular sus hurtos, apliquemos
el medio ms ecaz para librarlas de tan perniciosa comunicacin y gente mal inclinada.
37. Veitia Linaje, Norte de la contratacin, 300.
38. These considerations were still present in the eighteenth century: Gmez Alfaro,
La polmica.
250 Notes to Pages 12933
39. Petition of the cortes of Castile in 1619, reproduced in the cdula of November 11,
1692, in ACV, SA-Ced/Prag. C.866.
40. Cdula of November 11, 1692, in ACV, SA-Ced/Prag. C.866. Gmez Alfaro, La
gran redada, 13, also reproduces a 1677 opinion according to which there were once
legitimate Gypsies in Spain, but none of them had survived to the present.
41. Sancho de Moncada (1619), as cited by Borrow, Zincali, 98106. Other contem-
porary opinions are cited by Leblon, Les gitans dEspagne, 22627 and 22931.
42. Chapter 1 of the pragmtica of September 19, 1783, cited in the pragmtica of
February 28, 1784, in AGS, GJ 1004. The original reads: declaro que los que llaman y se
dicen gitanos no lo son por orgen ni por naturaleza ni provienen de raz infecta alguna.
43. Pragmtica of July 19, 1746, in ACV, SA-Ced/Prag. C.1218. The original reads:
pues habiendo nacido tales [vasallos] y debiendo ser comprehendidos en todos los
tributos y cargas reales y personales, no es justo parezcan otra cosa.
44. Martnez Martnez, La minora gitana, 4748 and 5462.
45. Some of these questions are treated in the reports of the audiencias of Aragon,
Valencia, Catalonia, and Granada dated 1783 and cited by Snchez Ortega, Documenta-
cin sobre la situacin, 188218.
46. Petition of December 16, 1745, cited by the royal delegate and council of Jerez de la
Frontera and inserted in the pragmtica of July 19, 1746, in ACV, SA-Ced/Prag. C.12
18.
47. Martnez Martnez, La minora gitana, 11921.
48. Petition of Baltazar Vargas, dated May 1797 in AVM, secretara 234862.
49. The original reads: modelo del buen ciudadano y leal vasallo.
50. This petition and many others were included in the discussions that preceded the
issuing of the pragmtica of July 19, 1746, in ACV, SA-Ced/Prag. C.1218. These types
of petitions were not new. They were already voiced as early as the 1590s according to
ACV, PC-PA(F) 5614. Apparently, Seville also reacted against the strict implementation
of anti-Gypsy measures in 1749: Guichot, Historia de la ciudad de Sevilla, vol. 4, 378
79.
51. A similar decision was included in a decree dated October 28, 1749, in ACV, SA-
Ced/Prag. C.1253, that determined that anti-Gypsy measures should have never been
applied to good Gypsies. On that occasion, good Gypsies were classied as those
with a xed domicile who were well behaved or Gypsies already holding royal decrees
classifying them as Castilians.
52. The faith of the Gypsies was thus similar to that of other itinerant people: Geremek,
Truands et misrables, 69110, and Prez Esteve, El problema de los vagos.
53. Snchez Ortega, Los gitanos espaoles, 15960 and 16365.
54. Undated petition by Manuel Blas Ortz, cited in Snchez Ortega, Documentacin
sobre la situacin, 24850. The original reads: [their petition to include them in the]
fueros, excepciones y privilegios de naturales de estos reinos [and to recognize that] el
nombre que les haba querido dar de gitanos haba sido por el pretexto, no porque en la
realidad lo fuesen, pues no eran extranjeros and the 1718 decree that agreed that they
were originarios de nuestros reinos y no de nacin de gitanos.
55. Petition of Cayetano Diez Montoya and his wife in 1739, cited in Saborit Banderas,
Gitanos, 31012.
Notes to Pages 13335 251
56. Vaux de Foletier, La rae, 67. Similar considerations also guided the authorities
of Seville in 174546 according to Prez de Guzmn, Los gitanos, 75.
57. This expression was used, for example, in the pragmtica of June 12, 1695, in ACV,
SA-Ced/Prag. C.888. Gypsy foreignness was also mentioned by Vassberg, Village,
14346.
58. Obliged to proceed despite their protest, the judges came up with ve names. Two
of them were elderly and sick, and the other three were classied as useful members of the
local community: AGN/BA 919210, and Acuerdos del extinguido cabildo de Buenos
Aires, ser. 3, vol. 5, libros 3660, 7071 and 42425.
59. Martnez y Martnez, La minora gitana, 1024. The original reads: con traje
desaliado, poca limpieza en el vestido, moreno color y dichas seales les daban de
gitanos.
60. Gmez Alfaro, La gran redada, 48 and 5455; and Martnez y Martnez, La
minora gitana, 1068 and 11929.
61. This distinction is clear in the Siete Partidas, which dedicates different titles (titles
24 and 25, partida 4) to vassalage and nativeness. See also Fuero Viejo, book 1, title 3,
law 1, and Celso, Las leyes, 243 (R and V) and 353 (R).
62. Siete Partidas, law 2, title 24, partida 4.
63. Maravall, Del rgimen, 12026, and Prez Prendes Muoz Arraco, Los crite-
rios, 104153, and La obsesin.
64. Lalinde Abada, Linserimento, 5253. Early modern Spanish legislation and
legal and political practice continued to refer to people as vassals, rather than as
subjects of the king.
65. Naturalization letter of November 5, 1740, in AGI, IG 1536. The original reads:
naci en ella [Miln] . . . cuando estaba en mi legtimo dominio, siendo su padre . . . uno
de mis ms eles vasallos y natural de ella. Luego que se apoderaron de aquel estado las
armas de Alemania (1707) por no querer reconocer ni tener otro soberano que a m, dej
su patria y adandonndola se vino a Espaa, avecindado en Cdiz, trayendo su familia y
al suplicante muy nio con l.
66. Naturalization letter of March 31, 1708, in AVM, secretara 234526. The origi-
nal reads: a lo que ha padecido por el vasallo de Su Majestad habiendo salido dester-
rado de aquella ciudad por el principe Eugenio . . . sacricando su persona, bienes y
hacienda al furor de los enemigos.
67. The case of Pedro de la Mesta (s/f) in AN/Q, gobierno 12, expediente 25.6.1731.
The original reads: con el ardor de el vasallo, porque en mi primera edad, serva vuestra
real persona con toda la delidad necesaria, con las tropas, en los reinos de Espaa, en las
campaas de los aos de 6, 7, y 8 de este siglo, en los sitios de Barcelona, Lrida,
Cartagena de Levante y en otras funciones de guerra a que en el transcurso de dichas
campaas se ofrecieron, arriesgando sangre y vida en defensa de vuestros derechos y de
vuestras banderas reales.
68. AN/Q, FE 34, vol. 94, no. 3643, 10231, expediente 13.10.1775. An identical
claim was made by Francisco Lafaria y Madrigal in 1720 according to the consulta of
the cmara of Castile, dated December 11, 1720, in AGS, GJ 873.
69. Petition of Juan and Joseph Benavides, of April 6, 1740, in AGI, IG 1536. The
original reads: que se reputa por agregado a la corona de Aragn.
252 Notes to Page 135
70. Petition of Luis Melloni, cited by the cmara on August 27, 1777, in AGS, GJ 873.
The original reads: le favoreca tambin y persuada una especie de equidad y memoria
antigua a que no se entendiera con los sardos tan rigorosamente como con otros extran-
jeros la disposicin de la ley 14, ttulo 3, libro 1 de la recopilacin.
71. Splica hecha a S.M. por los amencos establecidos en Sevilla que se les recon-
ociera tener los mismos derechos que los espaoles in AGI, EC 1057A, 428R431R on
fols. 428V429R and discussed by the Council of the Indies in 1722 and 1723. An
additional copy of the same splica can be found in BNE MSS 18.64962. The original
reads: Los amencos han sido de algunos siglos a esta parte vasallos de esta corona,
lograron siempre la primera estimacin entre cualesquiera sbditos por el singular ap-
recio que los predecesores de Vuestra Majestad han hecho de su dominio. Queda al
escrutinio de los anales los mritos que tuvieron para desfrenar la violencia de sus prn-
cipes, pero no pueden omitir la representacin que hacen de los muchos servicios que
frequentaron en su pas a la corona y de los poco inferiores que han repetido sus indi-
viduos en Castilla. En el feliz reinado de vuestra majestad se ha visto con ms claridad su
celo y su servicio, asi en las contribuciones que han ejecutado, como en el dictmen con
que resolvieron abandonar su patria y sus intereses. . . . Tan conforme y tan genial ha sido
su trato con los espaoles siempre, que jams han odo en este pas el nombre de extran-
jeros y los espaoles han vivido siempre en Flandres como naturales. The same question
was also studied in Explicacin de la ltima determinacin del rey y superior consejo de
las Indias en el pleito entre el comercio de Espaa y los hijos de extranjeros nacidos en
estos dominios in AGI, consulados 892A, 1 and 7 and in the opinion of the representa-
tive of royal interests ( scal ) in the Council of the Indies dated March 6, 1723, in AGI,
EC 1057A, pieza 5, 416R7V.
72. Vietia Linaje, Norte de la contratacin, 32930, and Solrzano Pereira, Poltica
Indiana, book 4, chap. 19, point 37.
73. It was literally asserted que la denominacin solo que usa Su Magestad de ser
seor de aquel reino [Sardinia] no es suciente como se verica en otros varios y habra la
misma razn a favor de los naturales de Miln y Flandres: letter of Manuel de Rod to
Manuel Figueroa, dated September 5, 1777, in AGS, GJ 873. Similar assertions were
made in the cases of Francisco de la Faria and Luis Melloni, debated on July 1721 and
August 27, 1777, respectively, both in AGS, GJ 873 and in the literature, e.g., Alamos de
Barrientos, Discurso poltico, 811.
74. Noticia de las diligencias hechas entre el consulado y los hijos de extranjeros en
grave dependencia que se subscit en el ao 1719 y se feneci en l de 1728 in AGI,
consulados 892A, 17. The original reads: aun cuando los pases de Flandes de que eran
naturales sus padres se conservasen en el dominio de la corona de Espaa y no estuviesen
ocupados por las armas del seor emperador conforme a la ley que queda citada que
previene cual hayan de estimarse naturales de Espaa para el comercio de las Indias, no lo
podran ser los amencos, como ni los napolitanos, milaneses ni dems, para lo que
acord la distincin legal que hay entre los estados, que se unen accesoriamente y los que
aquae principaliter se agregan, pues los primeros perdiendo todos sus fueros, privilegios y
leyes se hacen un cuerpo indiviso e indistinto con el resto de la monarqua en sus orig-
inarios dominios para gozar y padecer sin diferencias los mismos privilegios contribu-
ciones y cargas como que es conexo y consiguiente lo uno a lo otro, y los que aquae
Notes to Pages 13538 253
principaliter se agregan, como que se retiene las excepciones y privilegios que o tenan
antes o se les concedieron al tiempo de admitirlos y que no estn gravados con las
pensiones y cargas que los naturales, no deben gozar de sus privilegios bien, si solo de los
que se les hubieren concedido en fuerza de gracia o pacto al tiempo de su agregacin, los
que sirven de limitacin para que queden excluidos los dems. The same view was also
expressed in Por el scal de su majestad, en defensa de la respuesta que di a las
pretensions introducidas por los hijos nacidos en Espaa de padres extranjeros. AGI, IG
2301, 7R: Y la razn de vasallos, aunque hoy estn debajo de diverso dominio, no les da
privilegios alguno, como no le han tenido y pretendido napolitanos, sicilianos y mila-
neses, porque estos se unieron a la corona de Castilla aquae principaliter y asi, conser-
varon sus fueros y privilegios y los mismo sucedi a los amencos. This point was also
treated by the representative or royal interests on March 6, 1723, in AGI, EC 1057A,
416R417V, and by Dedieu, Los gobernadores, 49395.
75. These terms were mentioned in Puerto Santa Mara: the cases of Guillermo Mac-
Donnel and Wencenlau Helm in AHN, estado 6291/8. See also the draft of a consulta,
based on the decree of November 24, 1763, and a cdula of June 28, 1764, in AHN,
estado 5042, and AHN, estado 6291/2.
76. These terms were used in Orn and San Sebastian according to AHN, estado 629
1/4 and 1/6.
77. The case of Domingo French in AHN, estado 6291/10.
78. Consulta of February 26, 1774, in AHN, estado 5042, 155. Prez Collados, Una ap-
roximacin histrica, 67, and Castro, la legislacin, 24751, express similar opinions.
79. Pedro Vidarte and Juan Atey in 1761 in AGN/L, RTC, contencioso 252, cuaderno
66, and Francisco Aguirre on January 18, 1785, in AGI, IG 1536. According to Pedro:
aunque sta se separ de las otras [merindades] cuando el santo rey don Fernando el
catlico desposey de Navarra la alta a Juan III de Navarra, pero con todos los reyes de
Espaa, nunca han querido perder su derecho a esta merindad, haciendo y ejecutando
actos positivos de dominio para conservarla en l. . . . El rey es dueo de sus dominios y el
mejor autor de los lmites de su corona . . . [y por su decisin] los naturales de Navarra la
Baja no son extranjeros sino espaoles y sujetos a los dominios de Espaa. According to
Francisco: desde que se incorpor el reino de Navarra con los de Castilla, se han conser-
vado en ellos todos los derechos de espaoles a los naturales de la sexta merindad,
llamada comnamente Navarra la Baja que actualmente se halla bajo denominacin de
los reyes de Francia. Other Lower Navarres accepted their classication as foreigners:
e.g., Juan Pablo Carrense and Bernardo Cros, whose cases were discussed on January 21,
1788, and May 5, 1798, both in AGI, IG 1536.
80. Consulta of the cmara dated July 20, 1782, in AGS, GJ 873. The original reads:
virtualmente se contemplan iguales a los naturales de Espaa o comprendidos bajo el
dominio de esta corona, y aun por esto conservan la recepcin en la orden militar de San
Juan bajo el concepto de naturales o caballeros de la lengua de Aragn.
81. Consulta of the cmara of Castile, June 16, 1770, in AGS, GJ 873. Minorca was
ceded to Britain in the Treaty of Utrecht (1713) and was formally incorporated to Spain
only in the Treaty of Versalles (1783). It was briey reoccupied by Britain in 1798: Pia
Homs, La reincorporacin de Menorca, 4547. See also cdula of March 11, 1799, in
AN/Q, gobierno 51, expediente 21.10.1799.
254 Notes to Pages 13843
82. Assadourian, Beato, and Chiaramonte, Historia de Argentina, 159, 16768, 248,
and 28286.
83. The case of Manuel Zipirana de Melo, debated in 1786 in Buenos Aires in AP/LP
731156, esp. 40V42V, 46V47V, and 63R66R. The originals read: Nadie est
obligado a sujetarse a ms de lo que ha convenido y un ciudadano que se constituy a
vivir en sociedad en un estado libre e independiente, puede muy bien mudado sta de
naturaleza y sometindose a dominio extrao, abandonarla y ausentarse de ella . . .
porque se rompieron y cortaron por este medio los lazos de la sociedad y la obligacin
que esto ha con sta. En una palabra: qued entera y naturalmente libre para elegir y
someterse al imperio y dominacin que le plazca and Naturaleza . . . es aquella obliga-
cin de amarse y quererse bien por algn justo motivo. Extranjera por el sentido opuesto
es una precindencia de aquella calidad introducida por derecho de gentes, de que naci la
distincin de dominios, establecimientos de reinos, fundacin de pueblos y separacin de
provincias. De suerte que a no ser esta divisin, todos seramos naturales de todas tierras
y de ninguna extranjeros. La obligacin de amarnos sera una misma en todos y se
conociera la pertenencia de unos a los otros. El hombre, para cuyo servicio, utilidad y
recreo form Dios esta gran mquina del universo, tiene derecho natural de habitar y
vivir en todas y cada cual de sus partes. Toda la tierra es su patria y de toda ella es
originario y natural. Ahora pues, este derecho que puso raya a las naciones y sujeta a cada
cual de ellas dentro de los trminos de su pertenencia, aunque hijo primognito de la
razn, est sujeto a las contigencias del tiempo y puede padecer sus alteraciones, quiero
decir, que la divisin o separacin de dominios que inventaron hoy, puede enmendarse
maana por nueva determinacin de sus autores y como esta circunstancia hace en el
hombre la cualidad de nacional o extranjero, siempre que ellas se muden o se alteren los
dominios se muda tambin la condicin o estado civil del hombre hablando en trminos
jurdicos y el que ayer fue natural puede ser hoy extranjero o viceversa.
84. The cases of Antonio Rivero de los Santos and Manuel Ferreiro de la Cruz in
AGN/BA 93533, expediente 105, and cdula of April 30, 1773, in AGI, IG 1536,
respectively. AGI, IG 1536 contains many other examples.
des, provincias, estados; and Guerra, Modernindad e indepenencia and in his most recent
Implosion.
5. Liss, Mexico under Spain; Pagden, Identity Formation; Lavall, Hacia; and
Lynch, Introduction, 3437.
6. Brading, Origins; Guerra, La nation; and Harwich Vallenilla, Construccin.
Criticism of this analysis can be found in Bertrand, Comment, 99101. Creolism won
prominence in the Anglo-speaking world in the 1980s after its inclusion in Benedict
Andersons Imagined Communities, where it was classied as an early example of a
modern national identity. Lomnitz, Nationalism, includes a critique of his use and
understanding of Creolism.
7. Lavall, Las promesas, 25; Lafaye, Quetzalcotl et Guadalupe, 20; Pietschmann,
Los principios, 88; and Pastor, Criollismo, 265.
8. Lavall, Hispanit; Pagden, Old Constitutions; and Alberro, Les espagnols,
11. Recently some historians have afrmed that until the independence Creoles perceived
themselves as Spaniards: Brading, Nationalism; Guerra, Implosion and in his Iden-
tidad, 22124.
9. Minguet, Nationalisme; Lavall, Conception and in his Las promesas, 105
27 and 12941; Clment, La connaissance; and Brading Patriotism, 3033 and
3940.
10. See note 1 and 3, above.
11. Guerra, El soberano, 4144 and 4748.
12. Liss, Mexico under Spain, 2526.
13. Tibesar, Alternative, and Lavall, Recherches sur lapparition and in his Las
promesas ambiguas.
14. Lavall, Hispanit, 9699.
15. Burkholder and Chandler, From Impotence. Current research indicates that, de-
spite Creole vindications, Creoles did obtain many ofces and in fact controlled most of
the local church, government, and judicial institutions: Kicza, Social; Brading, Gov-
ernment, 400405; Prez Herrero, Beneciaries; and Morelli, Las reformas.
16. Representacin hecha por los americanos a nuestro rey Carlos III lamentndose
de que no se les mira y distingue como sus mritos piden solo por residir all, an anony-
mous pamphlet dated Madrid May 30, 1774, in BN/L, MSS C4321 and Discurso del
abad Don Ramn Dios . . . sobre la oposicin que los escritores extranjeros ngen y
exageran entre los espaoles europeos y americanos, undated pamphlet in BPR II 2851,
no. 10, 270R296R. Similar issues were raised in British North America: Breen, Ideol-
ogy, 23 and 2630.
17. Representacin hecha por los americanos a nuestro rey Carlos III lamentndose
de que no se les mira y distingue como sus mritos piden solo por residir all, an anony-
mous pamphlet dated Madrid May 30, 1774, in BN/L, MSS C4321. The original reads:
los originarios privilegios de sangre con que pasaron a aquellos reinos sus abuelos and
a n de que asi formasen un solo cuerpo poltico, sin alguna diferencia en el goze de sus
antiguos prerrogativas de Castilla. See also Alonso de Solrzano y Velasco, Discurso
legal e informacin en derecho a favor de los nacidos en los reinos del Per y convenien-
cias para que en l, sin el obice de haber nacido all, pueden obtener plazas de oidor y
dems que les estn prohibidas, (1652) in BPR MSS 2848, 27R57V.
256 Notes to Pages 14649
28. The political use of natural law in colonial and republican Spanish America was
also analyzed by Chiaramonte, Fundamentos.
29. Representacin que hizo la ciudad de Mxico al rey don Carlos III en 1771 sobre
que los criollos deben ser preferidos a los europeos en la distribucin de empleos y
benecios de estos reinos, dated March 2, 1711, and reproduced in Hernndez Dvalos,
Coleccin de documentos para la historia, vol. 1, no. 195, pp. 42755, quotation on pp.
42930. The original reads: Pues obran contra ellos las mismas razones, porque todas
las gentes han defendido siempre el acomodo de los extraos. Lo son en lo natural,
aunque no en lo civil en la America los europeos; y como no alcance la fuerza civil a la
esfera de los efectos naturales, hemos de experimentar estos de los hijos de la antigua
Espaa, por ms que civilmente se entiendan no extraos de la nueva. Entre los efectos
naturales se cuenta con mucha razn el amor que tienen los hombres a aquel suelo, en que
nacieron y el desafecto a todo otro, siendo estos dos motivos los ms solidos principios,
que persuaden la colocacin del natural y resisten la del extrao.
Representacin que hizo la ciudad de Mxico al rey don Carlos III en 1771 sobre que
los criollos deben ser preferidos a los europeos en la distribucin de empleos y benecios
de estos reinos, dated March 2, 1711, and reproduced in Hernndez Dvalos, Coleccin
de documentos para la historia, vol. 1, no. 195, 42755, quotation on p. 430. The
original reads: Estos por ms que no se consideren civilmente extranjeros en Indias, los
cierto es que no recibieron el ser en ellas: que tienen en la antigua Espaa, y no en la
nueva, sus casas, sus padres, sus hermanos y quanto es capaz de arrastrar la inclinacin de
un hombre; que cuando a esta distancia se destierran a servir un empleo, no muden de
naturaleza, ni se hacen insensibles a los impulsos de la con que nacieron y por todo ello es
fuerza, que desde estas regiones no pierdan de vista la atencin a los suyos, y sobre
consultar a socorrerlos (si ya no es a enriquecerlos) se contemplan pasajeros en la Amr-
ica, teniendo por objeto el volverse a la quietud de su patria, y casa acomodadas.
30. Juan Pablo Viscardo y Guzmn, Carta a los espaoles americanos, (1792) re-
produced in Snchez, Fuentes documentales sobre la ideologa, 4159, quotation on pp.
4446.
31. Representacin que hizo la ciudad de Mxico al rey don Carlos III en 1771 sobre
que los criollos deben ser preferidos a los europeos en la distribucin de empleos y
benecios de estos reinos, dated March 2, 1711, reproduced in Hernndez Dvalos,
Coleccin de documentos para la historia de la guerra, vol. 1, 42755, quotation on p.
429. A copy of the same document is found in BN/L, MSS C4321. The originals read:
trae su antigedad desde antes de la ley evanglica y el mismo dios la reconoci alta-
mente impresa en los corazones de su pueblo and Es una mxima apoyada por las leyes
de todos los reinos, adoptada por todas las naciones, dictada por sencillos principios, que
forman la razn natural e impresa en los corazones y votos de los hombres. . . . Es un
derecho, que si no podemos graduar de natural primario, es sin duda comn de todas las
gentes y por esto de sacratsima observancia.
32. Brading, Patriotism, 2223 and 2930.
33. Guerra, Identidad y soberana, 225. On February 11, 1812, an article published
in the newspaper El Censor (Buenos Aires) and cited by Ternavasio, Poltica, chap. 1, n.
11, declared that las provincias de la Amrica espaola estn declarads por ley iguales en
258 Notes to Pages 15053
todo con las de Espaa. En virtud de esto se niegan varias de ellas, a reconocer por
soberano a un gobierno constitudo en la pennsula por las provincias espaolas, y sin la
anuencia de las americanas. I would like to thank Marcela Ternavasio for allowing me
to cite her work.
34. Torres, Memorial, 9. The original reads: Tan espaoles somos como los descen-
dientes de Don Pelayo y tan acreedores, por esta razn, a las distincciones, privilegios y
prerrogativas del resto de la nacin.
35. Guridi y Alcocer on January 9, 1811, DDACC, vol. 2, 318. The original reads: Los
americanos como hijos de los europeos, mamamos al nacer el amor a la pennsula y desde
la niez nos llamamos y nos tenemos por hijos de ella. Suenan bien en nuestros odos sus
nombres y hasta los de sus villas y lugares y no solo somos espaoles, sino que nos
gloriamos de serlo.
36. The decree of February 9, 1811, reproduced in Armellada, La causa indgena, 59,
declared the rights of Spanish Americans to hold public ofces in the court and anywhere
else in the monarchy.
37. Annino, Ciudadana, 68, and Carmagnani and Hernndez Chvez, La ciuda-
dana, 37476.
38. Rieu-Millan, Los diputados americanos, 24650; Ramos, Las cortes, 43753;
Fisher, Monarquismo; Guerra, Modernidad e independencia and in his Identidades y
soberana; Estrada Icaza, La lucha; Chiaramonte, Modicaciones and in Ciudades,
provincias, estados, 37173; Annino, Soberanas; Morelli, Territorio and in her El
espacio. The way rivalries between Spanish American jurisdictions propelled both local-
ism and Creolism is described in Liss, Atlantic Empires, 8890, and Lafaye, Quetzal-
cotl, 2224.
39. The original reads: La nacin espaola es la reunin de todos los espaoles de
ambos hemisferios, (art. 1) and los espaoles son: primero, todos los hombres libres
nacidos y avecindados en los dominios de las Espaas y los hijos de estos. Segundo: los
extranjeros que hayan obtenido de las Cortes carta de naturaleza. Tercero: los que sin ella
lleven diez aos de vecindad, ganada segun la ley en cualquier pueblo de la monarqua.
Cuarto: los libertos desde que adquieren la libertad en las Espaas (art. 5).
40. Son ciudadanos aquellos espaoles que por ambas lneas traen su orgen de los
dominios espaoles de ambos hemisferios y estn avecindados en cualquier pueblo de los
mismos dominios; Es tambin ciudadano el extranjero que gozando ya de los derechos
de espaol, obtuviere de las cortes carta espacial de ciudadana; and Son asi mismo
ciudadanos los hijos legtimos de los extranjeros domiciliados en las Espaas, que hab-
iendo nacido en los dominios espaoles, no hayan salido nunca fuera sin licencia del
gobierno, y teniendo veinte y un aos cumplidos, se hayan avecindado en un pueblo de
los mismos dominios, ejerciendo en l alguna profesin, ocio o industria til.
41. Para que el extranjero pueda obtener de las cortes esta carta, deber estar casado
con espaola, y haber trado o jado en las Espaas alguna invencin o industria aprecia-
ble, o adquirido bienes races por los que pague una contribucin directa o estableciendo
en l comercio con un capital propio y considerable a juicio de las mismas cortes o hecho
servicios sealados en bien y defensa de la nacin.
42. Citizenship could also be suspended for physical or moral incapacity, bankruptcy,
Notes to Pages 15355 259
unemployment, employment in domestic service, criminal charges and, from 1830 on-
wards, illiteracy in the case of new citizens: El ejercicio de los mismos derechos [de
ciudadana] se suspende, primero: en virtud de interdiccin judicial por incapacidad fsica
o moral. Segundo: por el estado de deudor quebrado, o de deudor a los caudales pblicos.
Tercero: por el estado de sirviente domstico. Cuarto: por no tener empleo, ocio o modo
de vivir conocido. Quinto; por hallarse procesado criminalmente. Sexto: desde el ao
1830 debern saber leer y escribir los que de nuevo entren en el ejercicio de los derechos
de ciudadano.
43. La calidad de ciudadano espaol se pierde: primero: por adquirir naturaleza en
pas extranjero. Segundo: por admitir empleo de otro gobierno. Tercero: por sentencia en
que se imponga penas aictivas o infamantes si no se obtiene rehabilitacin. Cuarto: por
haber residido cinco aos consecutivos fuera del territorio espaol sin comisin o licencia
del gobierno.
44. This continuity was also noted by historians, e.g., Castro, La revolucin liberal,
7173.
45. Gutirrez de la Huerta and Garca Herrero on September 3, 1811, DDACC, vol. 8,
13536; Ura on September 4, 1811, DDACC, vol. 8, 148; and Larrazbal on September
6, 1811, DDACC, vol. 8, 19899. Argelles answered this question arguing that Spanish-
ness and citizenship were two different things and that each promised a different regime
of rights. Explaining the consequences of this distinction, he nevertheless failed to address
the issue of how would these categories be distinguished and why should they be distin-
guished: DDACC, vol. 8, 13637.
46. Gutirrez de la Huerta on September 3, 1811, DDACC, vol. 8, 140, and Fernndez
De Leyva on September 6, 1811, DDACC, vol. 8, 195.
47. Guridi y Alcocer on August 25, 1811, DDACC, vol. 8, 16.
48. Oliveros on September 4, 1811, DDACC, vol. 8, 14647. The original reads: los
hombres no slo reciben el ser por el nacimiento, sino muy principalmente por la educa-
cin. Siempre se conserva inclinacin aun ms decidida hacia aquel pas en el que se han
perfeccionado nuestras potencias y en los hbitos que duran por toda la vida inuyen
particularmente las ideas recibidas en la educacin.
49. Gutirrez de la Huerta on September 3, 1811, DDACC, vol. 8, 13536 and 138
40. Somewhat similar was the intervention of Guridi y Alcocer in the same session.
50. Gutirrez de la Huerta on September 3, 1811, DDACC, vol. 8, 13940. The
original reads: la necesidad de arraigo, que han considerado siempre las leyes como el
fundamento menos equvoco de presumir en el extranjero la intencin de permanecer, la
delidad y adhesin a los intereses nacionales.
51. Feli on September 5, 1811, DDACC, vol. 8, 187. The original reads: Es de
suponer que conservar [el extranjero] siempre por su pas nativo una predileccin que
puede en ocasiones ser opuesta a los intereses de Espaa y que se contrabalancear por el
arraigo o apego que es natural contraiga respecto al suelo espaol en que ha nacido su
mujer.
52. Terreros and Garca Herrero on August 31, 1811, DDACC, vol. 8, 100101.
53. Aner on August 31, 1811, DDACC, vol. 8, 99. Argelles, responding, argued that
this rule was well known and was not abrogated by the constitution: 99100.
260 Notes to Pages 15556
54. Veladiez, Muoz Torrero, Castillo, and Argelles, on August 31, 1811, DDACC,
vol. 8, 100.
55. Castillo on September 3, 1811, DDACC, vol. 8, 134, and Villafaes answer in the
same session, 13435.
56. King, Colored; Ramos (Prez), Las Cortes; Armellada, La causa indgena;
Prez Guilhou, La opinin pblica; Berruezo, La participacin americana; Rieu-Milln,
Los diputados americanos; Castillo Melndez, Figallo Prez, and Serrera Contreras, Las
Cortes de Cdiz; Blanco Valds, El problema americano; Garca Godoy, Las cortes de
Cdiz y Amrica; and Chust, La cuestin nacional.
57. Session of October 3, 1810, ASSCE, 8 and DDACC, vol. 1, 2627. The relation
between Spain and Spanish America was also discussed on January 9 and 11, 1811,
DDACC, vol. 2, 31630 and 34672. This question was included in the consulta al pas.
The consulta al pas was a round of consultation with royal councils, juntas, authorities,
municipalities, tribunals, universities, ecclesiastics, and other individuals, concerning
some of the most important issues facing Spaniards in the beginning of the nineteenth
century. It was sent on June 1809 to some 150 entities. Of the 68 answers currently
available, about 40 refer to question 8 concerning the (future) status of America. Most of
these answers suggest that the inhabitants of the Americas were native Spaniards, cit-
izens, and members of the same political community: Prez Guilhou, La opinin pblica,
4758.
58. Morales Durez on January 11, 1811, DDACC, vol. 1, 370, and Fernndez de
Leyva on January 16, 1811, DDACC, vol. 2, 43234. The Castilianness of Spanish
America was studied by Manzano Manzano, La incorporacin and in his La adquisi-
cin; Pietschmann, La resistencia; Levene, Las Indias; and Pagden, Lords of All the
World, 12636.
59. Answer of Fernando Andrs Benito, relator de crmen in the royal court of Granada
to the consulta al pas, dated November 23, 1809, reproduced in Artola, Los orgenes de
la Espaa, vol. 2, 41634, in 432. The original reads: Su delidad, su entusiasmo, su
religin, su confraternidad, su unin ntima con la metropoli son otros tantos ttulos que
los hacen acreedores a tan justa consideracin. Son ciudadanos de una misma nacin,
llenan todos los deberes de vasallos, contribuyen ecazmente con sus bienes y personas a
conservar la independencia.
60. Quintana on January 11, 1811, DDACC, vol. 1, 361 and 363. The original reads:
nosotros hemos utilizado su suelo y ellos el nuestro. Hemos cambiado nuestros prod-
uctos. Nos han contribudo y obedecido cuanto se les ha mandado. Tenemos all y ellos
aqu una larga serie de ascendencia y descendencia, idioma, inters y religin igual . . .
seor: que son hermanos nuestros, espaoles de 300 aos.
61. Argelles literally said on January 23, 1811, DDACC, vol. 3, 66 that la poblacin
de Espaa europea no ofrece estos inconvenientes, porque toda ella es homognea. No
hay aqu rivalidades, esas diferencias de castas de donde dimana el espritu funesto de
partido. Other delegates such as Guridi y Alcocer resented this implication and argued
that Spain was just as diversied as Spanish America: his opinion on January 25, 1811,
DDACC, vol. 3, 90.
62. Sessions of October 3, 10, 11, and 14, 1810, in ASSCE, 819, quotation on p. 19.
Notes to Pages 15657 261
The resolution voted upon on October 14, 1810, stated: las cortes generales y extraor-
dinarias conrman y sanccionan el inconcluso concepto de que los dominios espaoles en
ambos hemisferios forman una misma y sola monarqua, una misma y sola nacin y una
sola familia y que por lo mismo los naturales que sean originarios de dichos dominios
europeos y ultramarinos, son iguales en derechos a los de esta pennsula.
63. This consideration was openly mentioned, e.g., by Argelles on January 9, 1811,
DDACC, vol. 2, 323. According to El Observador, a local paper covering the sessions,
it produced highly theatrical scenes. In one of them, an American delegate (Mexia)
kneeled and implored for his miserable compatriots. Answering him, a peninsular dele-
gate (Muoz Torrero) resented this theatrality and complained that Americans simply
wanted to achieve a majority in the parliament: Castro y Rossi, Cortes de Cdiz, 17879.
64. Guridi y Alcocer on January 9, 1811, DDACC, vol. 2, 318. The original reads: los
americanos como hijos de los europeos, mamamos al nacer el amor a la pennsula y desde
la niez nos llamamos y nos tenemos por hijos de ella. Suenan bien en nuestros odos sus
nombres y hasta los de sus villas y lugares y no solo somos espaoles, sino que nos
gloriamos de serlo. . . . [Los americanos] se quejan, no de las leyes, no de la nacin, no de
los monarcas cuyo paternal amor han experimentado. Se quejan de su desgraciada situa-
cin, de que separados de la pennsula en tan grande distancia se forman ideas erradas de
todas las cosas, no se conoce a los sujetos de mrito y aun cuando son conocidos, quedan
postergados por no estar cerca de la fuente. According to Quintana (a peninsular dele-
gate), we give them [Spanish Americans] nothing which isnt already theirs by recogniz-
ing that they are equal to us (nada que no sea suyo les damos con igualarles en todo a
nosotros): his intervention on January 1, 1811, DDACC, vol. 1, 363.
65. Solrzano Pereira, Poltica Indiana, book 2, chap. 1; Llaguno, La personalidad
jurdica; and Garca Gallo, La condicin.
66. Alamos de Barrientos, Discurso poltico, 14.
67. Mrner, La poltica, in La Corona espaola, and Ethnicity; Lutz, Santiago de
Guatemala; and Solrzano Pereira, Poltica Indiana, book 2, chap. 26, point 44; chap.
30, points 1857; and book 4, chap. 20. The permissibility of mixed marriages and the
equal treatment of mestizos, as long as of legitimate birth, were guaranteed by a series of
royal decrees, e.g., those dated October 19, 1514; March 19, 1525; February 27, 1549;
June 1, 1549; and November 1, 1591, reproduced in Konetzke, Coleccin de docu-
mentos, vol. 1, 6163, 77, 256, 259, and 61719.
68. Solrzano Pereira, Poltica Indiana, book 2, chaps. 2829; Bayle, El protector de
indios; Borah, Justice by Insurance; and MacLeod, La situacin. The hope that Indians
would grow was expressed in Solrzano Pereira, Poltica Indiana, book 2, chaps. 25
26, and Mrner, La difusin. This hope was described in the Laws of Burgos (1512
13). Article 4 of the amendment dated July 28, 1513, declared: and whereas it may so
happen that in the course of time, that with their indoctrination and association with
Christians, the Indians will become so apt and ready to become Christians, and so civi-
lized and educated, that they will be capable of governing themselves and leading the kind
of life that the said Christians lead there, we declare and command and say that it is our
will that those Indians who thus become competent to live by themselves and govern
themselves, under the direction and control of our said judges . . . shall be allowed to live
262 Notes to Pages 15759
by themselves and shall be obliged to serve [only] in those things in which our vassals in
Spain are accustomed to serve, so that they may serve and pay the tribute which they [our
vassals] are accustomed to pay to their princes. In this quotation, I used the translation
included in Gibson, Spanish Tradition, 81.
69. Solrzano Pereira, Poltica Indiana, book 2, chap. 29, points 2534.
70. Cdulas of December 19, 1696; March 26, 1697; November 27, 1703; February
21, 1725; and September 11, 1766, in Konetzke, Coleccin de documentos, vol. 3/1, 64
69, 9394, 186, and 33334. See also Muro Orejn, Cedulario Americano, vol. 1, 602
5. The struggle to reafrm Indian eligibility to ofce was studied by Muro Orejn, La
igualdad, 26869 and 36775, and Olaechea Cabayen, Poltica and in his La ciuda-
dana. A similar decision was reached by the Supreme Council of the Inquisition around
the same time: Martnez, Religion. I would like to thank Mara Elena for allowing me
to cite her paper.
71. Feli on January 30, 1811, DDACC, vol. 3, 16368.
72. Guridi y Alcocer on January 25, 1811, DDACC, vol. 3, 92, and Castillo on August
21, 1811, DDACC, vol. 7, 46162.
73. Castillo on August 21, 1811, DDACC, vol. 7, 46162. The original reads: nada
encuentro nuevo en este decreto porque nuestros leyes de Indias los consideran iguales en
todo con los espaoles y les abren la puerta a los empleos y a los honores.
74. Morales Durez on January 11, 1811, DDACC, vol. 2, 37072.
75. Prez de Castro and Feli, both in the session of January 30, 1811, DDACC, vol. 3,
159 and 16162. According to the rst, me hace fuerza que los indios, generalmente
hablando, ignoran el castellano . . . y si eso no pudiera ser un bice, no s que diramos del
pueblo vascongado, que en general, hablando de las clases bajas, no sabe ms que vas-
cuence que ciertamente no es ms inteligible que las lenguas de los indios. According to
the second, y no puedo dejar de decir de paso, que son igualmente si no ms hetero-
gneos un gallego y un andaluz que un espaol y un indio. Guridi y Alcocer also men-
tioned the heterogeneity of peninsular Spain, where there wereaccording to himalso
Gypsies and Africans: His opinion in the session of January 25, 1811, DDACC, vol. 3, 90.
76. Quintana on January 9, 1811, DDACC, vol. 2, 317.
77. Valiente on January 23, 1811, DDACC, vol. 3, 7576.
78. Article 25(2) spoke about el estado de deudor quebrado o de duedor a los caudales
pblicos, article 25(3) mentioned estado de sirviente domstico, and article 25(4)
spoke about those who have no ocio o modo de vivir conocido. From 1830 onwards,
suspension could also come about because of illiteracy: article 25(6).
79. Apparently, despite this rule, at least in some jurisdictions, such as New Spain,
about 91 percent of the population was considered citizens in the immediate aftermaths
of these decrees: Guerra, El Soberano, 45.
80. Valiente on January 23, 1811, DDACC, vol. 3, 7576.
81. The distinction between Spaniards, Indians, and the mixed blood, on one hand,
and people with even partial African descent, on the other, was invoked with regards to
both citizenship and the right for representation. It was declared on October 15, 1810,
and February 7, 1811, and was commonly cited by different delegates, for example,
Morales Durez on January 11 and February 7, 1811, DDACC, vol. 2, 36768, and vol.
3, 281, and Guridi y Alcocer on January 25, 1811, DDACC, vol. 3, 9095. A decree
Notes to Pages 15960 263
dated January 26, 1814, inserted in AM/Q, MMHCQ 001210, vol. 3, 89, stipulated
that participating in the parliament were Spaniards but also los domiciliados y avecin-
dados en aquellos pases [Amrica y Asia] y as mismo los indios y los hijos de espaoles y
as mismo los indios y de los hijos de espaoles e indios.
82. Article 22, which dealt with Spaniards of African descent, stipulated: A los es-
paoles que por cualquiera lnea son habidos y reputados por originarios del Africa les
queda abierta la puerta de la virtud y el merecimiento para ser ciudadano. En su conse-
cuencia, las cortes concedern carta de ciudadano a los que hicieren servicios calicados a
la patria, o a los que se distinguen por su talento, aplicacin y conducta, con la condicin
de que sean hijos de legtimo matrimonio, de padres ingenuos, de que estn casados con
mujer ingenua, y avecindados en los dominios de las Espaas, y de que ejerzan alguna
profesin, ocio o industria til con un capital propio.
83. Parry, Age of Reconnaissance, 317; Bernand, Negros, esclavos y libres, 910 and
5051. Martnez, Space, also claries the different treatment given to individuals of
African descent.
84. Letter of November 28, 1796, reproduced in Blanco, Documentos para la historia
de la vida, vol. 1, 26775. In the citation, I used the translation of Lynch, Latin American
Revolutions, 18187. The originals read: y ha de creerse que la intencin de V. M. es
entregar la conanza y dejar la seguridad de los derechos a unos hombres que lejos de
mirar hacia Espaa como al centro de su felicidad han de jar su vista en los oscuros
habitantes del Africa, de donde proceden para protegerlos y sublevarlos contra los es-
paoles de quienes dicen que han recibido mil agravios? Podrn acaso ser ms eles los
blancos nuevos que los viejos? Por ventura procurarn el bien de Espaa aquellos de
orgen africano que stos de orgen espaol? and Luego los mulatos gozen en esta
provincia de los benecios de la sociedad, sin contribuir un maraved para sus rentas y
fondos, establecimientos pblicos y pos: y si se procura saber de qu depende esto, siendo
ellos dos veces ms que los blancos, se hallar que el orgen es el no uso de las leyes que
arreglan la conducta de los mulatos, previenen los remedios para lo futuro y los hacen
contribuyentes, mandndoles que tributen una moderada pensin a favor del real sco, lo
cual no ha tenido efecto, o porque lo han ignorado los que debieran ejecutarlas, o por el
poco inters que se ha tomado en este punto tan sustancia. The purchase of whiteness
was possible by obtaining a royal decree called gracias al sacar, meaning, literally, thanks
for rescuing me: Santos, El rgimen, and Langue, El indiano.
85. The term foreigner (extranjero and casta extranjera) was used by Morales Du-
rez on February 7, 1811, DDACC, vol. 3, 282; Fernndez de Leyva on September 3,
1811, DDACC, vol. 8, 134; and Guridi y Alcocer on September 4, 1811, DDACC, vol. 8,
15051.
86. Aner on September 5, 1811, DDACC, vol. 8, 18184.
87. Morales Durez on February 7, 1811, DDACC, vol. 3, 28182. The original reads:
Su voluntad [del rey] era mantener siempre a esta casta extranjera procedente de varios
puntos de Africa o mahometanos o gentilicios, en prescindencia de las otras clases amer-
icanas sin el menor acceso a los empleos o decoraciones civiles, prohibidos los obispos de
dispensar el impedimento que tenan para todo orden sacro, incapacitada en n para una
naturalizacin legal o el logro de ttulo de ciudadano. En este plan nuestros reyes han
usado aquella facultad de toda nacin para jar a los extranjeros introducidos en su seno
264 Notes to Pages 16062
las restricciones y trabas que entiendan conducentes a su mejor orden y seguridad. These
questions were also discussed by Cisneros on September 6, 1811, DDACC, vol. 8, 200
204 and Calatrava on September 10, 1811, DDACC, vol. 3, 24143.
88. Espiga on January 9, 1811, DDACC, vol. 2, 32728.
80. Borrull on August 31, 1811, DDACC, vol. 8, 1012.
90. Gallego on August 31, 1811, DDACC, vol. 8, 102.
91. Guridi y Alcocer on September 4, 1811, DDACC, vol. 8, 150, and Ostolarza on
September 10, 1811, DDACC, vol. 8, 23940.
92. Espiga on September 7, 1811, DDACC, vol. 8, 21920. The Gypsies were also
invoked by Seor el Inca during the same debate, 222, and by Fernndez de Leyva on the
previous day, DDACC, vol. 8, 195.
93. Ura and Fernndez de Leyva on September 4 and 6, 1811, respectively, DDACC,
vol. 8, 14850 and 19596. Guridi y Alcocer on January 25, 1811, DDACC, vol. 3, 91,
was willing to distinguish between Africans who were worthy of citizenship and those
who were not.
94. Castillo on October 9, 1811, DSCGE, 1810. The original reads: porque Espaa,
como otros pases del mundo, ha padecido sus revoluciones y se ha mezclado con na-
ciones extranjeras. Guridi y Alcocer used a similar argument on September 4, 1811: in
their origin, he said, the English are Saxons and the Spaniards are Goths, and we are all
sons of Noah and Adam: DDACC, vol. 8, 151. The original reads: Si hubiramos de
atender a ste y remontarnos en su inquisicin, a los ingleses los llamaramos saxones, a
los espaoles diramos godos . . . y a todos los hombres los tendramos por naturales de la
patria de Noa sino es que tambin subamos hasta Adn.
95. Guridi y Alcocer and Castillo on September 4 and 10, 1811, DDACC, vol. 8, 152
53 and 23839.
96. Guridi y Alcocer on August 31, 1811, DDACC, vol. 8, 102. The original reads: es
muy justo que ella [la nacin] le d una patria adoptiva en su nacimiento civil, cuando lo
despoj de la natural.
97. Ura and Gordoa, on September 4, 1811, DDACC, vol. 8, 148 and 15960; Feli
on September 5, 1811, DDAACC, vol. 8, 187; and Terreros on September 5, 1811,
DDACC, vol. 8, 179. Other delegates, on the contrary, thought that foreigners had to be
preferred to Africans: whereas Africans were totally different than Spaniards, European
foreigners were of the same education, customs, and religion as Spaniards and could
easily integrate into Spain: Aner on September 5, 1811, DDACC, vol. 8, 184, and Creus
on September 10, 1811, DDACC, vol. 8, 233.
98. Castillo on September 4, 1811, DDACC, vol. 8, 162, and Salazar on September 5,
1811, DDACC, vol. 8, 176.
99. These considerations were openly invoked in the session of September 10, 1811,
DDACC, vol. 8, 23146, where some of the delegates, e.g., Ramos Arispe, Mendiola, and
Ostolarza, also expressed their fear of the contrary situation: the practical consequences
of relaying on reputation.
100. Dou on September 5, 1811, DDACC, vol. 8, 173; Espiga and Garca Herrero on
September 7, 1811, DDACC, vol. 8, 21520 and 22325; Creus on September 10, 1811,
DDACC, vol. 8, 23334. Lisperguer also mentioned these prejudices in his intervention
of September 15, 1811, DDACC, vol. 8, 329.
Notes to Pages 16468 265
19. Vitoria, Derecho natural y de gentes, 11340, and Hamilton, Political Thought,
4358.
20. Costa, Gobierno del ciudadano; Snchez Arvalo, Summa de la poltica; Solrzano
Pereira, Poltica Indiana, book 2, chap. 24, points 110; Alvarez, Instituciones de de-
recho real, 4650; Maravall, La teora espaola del estado; Rommen, La teora del
estado; Brufau Prats, El pensamiento poltico; Noroa, Studies in Spanish Renaissance
Thought; Fernndez Albaladejo, Fragmentos de monarqua, 7684; and Fernndez San-
tamara, La formacin de la sociedad.
21. Herzog, Sobre. The relation between law and justice is also described in Mar-
avall, Del Rgimen, 12021.
22. Herzog, Letrado and in La administracin, 4045.
23. The persistence of these views in eighteenth-century Spain was also mentioned by
Portillo Valds, Revolucin de nacin, 78146. Portillo Valds insists on the importance
of a superior (Catholic) order in Spanish (even enlightened and liberal) thought.
24. Reynolds, Kingdoms and Communities and in Introduction to the History.
25. Berengo, La citt and in LEuropa delle citt; Paufn, Essai sur lorganisation,
9294; Benedict, French, 1920; Viollet, Les communes; Petit-Dutaillis, Les com-
munes franaises; Vermeesch, Essai sur les origines, 79183; and Dini, Citt e corpo-
razioni, 14851.
26. Dietrich, City, 6568; Friedrichs, Early Modern City, 4851 and 14344; Dil-
cher, Brady, Blockmans, Van Niereop, Issacs, and Musi, Urban; Blum, Internal and
in European; Manning, Rural; Follain, Les communauts, 3538; and Clark,
Small Towns.
27. Costa, A propsito, and in Civitas.
28. Bellomo, Common Legal Past; Robinson, Fergus, and Gordon, European Legal
History, 42123; and Lewis and Ibbetson, Roman Law Tradition, 114.
29. Bizzarri, Ricerche; Riesenberg, Citizenship in Western Tradition, 11886; Kirsh-
ner, Civitas and in Between; Canning, Fourteenth; Ullmann, Personality; and
Quaglioni, The Legal. These issues are described in greater length in chapter 2.
30. Capasso, Catalogo ragionato, parte 2, 7584; Ventura, La ambiguit and in
Mercato; and Peytavin, Aduanas.
31. Casini, La cittadinanza; Zannini, Burocrazia e burocrati; Mol and Mueller,
Essere; Mueller, Veneti; Bellavitis, Per cittadini; and Trivellato, Intorno.
32. Guidi, Il governo, vol. 1, 11325.
33. Martelli, Cittadini.
34. Mori, Tot reges.
35. Cerutti, Giustizia.
36. Tedoldi, Servizio, 8489.
37. Belfanti, Mestieri e Forastieri, 2124.
38. Waley, Italian City Republics, 6467.
39. Dilonardo Buccolini, Note.
40. Riesenberg, Citizenship and Law, and the essays included in Rossetti, Dentro
della citt.
41. Quaglioni, Legal.
Notes to Pages 17683 267
42. Bizzarri, Ricerche, 7275; Chittolini, La formazione dello stato and in Cities;
Fasano Guarini, Potere; and Zorzi, Material.
43. Storti Storchi, Ricerche sulla condizione and in Legal.
44. Capasso, Catalogo ragionato, parte 2, 7678; Bellomo, Societ e istituzioni, 111
15; Peytavin, Espaoles and in Aduanas; and Ventura, Privilegi, and in Mer-
cato, 27983. Chittolini, Poteri also argues that the introduction of a princely
authority in the fteenth and sixteenth centuries led to important transformations in
Italian regional states, which reorganized the relation between the capital city and other
enclaves.
45. Villari, Per il re.
46. Kahil, Apprenticeship; Kellett, Breakdown; Veale, Craftsmen; Barron,
Government; Pearl, Social; and Rappaport, Worlds within Worlds. In the earlier
period, citizenship in English corporate municipalities was called burgesship (in bor-
oughs) or citizenship (in cities): Stephenson, Borough and Town, 13637 and 14344,
and Tait, Medieval English Borough, 194220.
47. Rappaport, Worlds within Worlds, 7677.
48. Kramer, English Craft Guilds, 13944 and 19798; Clark and Slack, Introduc-
tion, 24 and 3738; Dyer, City of Worcester, 18182; Dobson, Admissions; Palliser,
Crisis, 11617; Found, Validity; Rappaport, Worlds within Worlds, 2931: Kraus-
man Ben Amos, Failure; Gauci, Politics and Society; and Patterson, Urban Patronage.
49. Miller, Legal; Seybolt, Colonial Citizen; and McAnear, Place.
50. Barry, I signicati.
51. Merewether and Stephens, History of the Boroughs, vol. 1, 103, and vol. 3, 1746
47 and 1968.
52. Ibid., vol. 1, 1028.
53. Ibid., vol. 3, 1487.
54. Ibid., vol. 1, 53641, and vol. 3, 1487.
55. Scouloudi, Alien; Lloyd, Alien Merchants; Thrupp, Aliens; and Kim, Aliens in
Medieval Law, 2359. The situation in Colchester might have been different: Goose,
The Dutchy, 9294.
56. Barron, Government, and Rappaport, Worlds within Worlds, 4547, 5455,
and 5760.
57. Statt, City, 58.
58. Other restrictions on foreigners included the inability to obtain freedom, hold
ofce, address the royal courts, and even trade with the North American colonies: Kim,
Aliens in Medieval Law, 6088. Trading rights as an incentive to naturalization was
mentioned in Schulte Beerbhl, Naturalization, 51112.
59. Kim, Aliens in Medieval Law.
60. Cockburn, Nationality; Haycraft, Alien; Carpenter, Naturalization; Shaw,
Letters of Denization; Thomas and Bellot, Thomas and Bellots Leading Cases, 6876;
Parry, British Nationality Law; Robbins, Note; Kettner, The Development of Ameri-
can Citizenship; Resnik, John Locke; Statt, Birthright, in City, and in Foreigners
and Englishmen; Clark, Language of Liberty, 4654 and 93110; Price, Natural; and
Baseler, Asylum for Mankind.
268 Notes to Pages 18395
61. Campbell, From; Russel, Gran Bretaa; and Brockliss and Eastwood, Union
of Multiple Identities.
62. Sales, Naturalizaes, 46.
63. Morris, Studies in the History, 1115 and 6268; Beloff, British; Greene, Periph-
eries and Center; Kettner, Development of American Citizenship; and Baseler, Asylum
for Mankind.
64. Start, Naturalization; Hoyt, Naturalization; Miller, Legal; and Kettner, De-
velopment of American Citizenship, 83 and 8689.
65. Resnik, John Locke, 37481. Statt, The Birthright; OReilly, Naturalization
Act, 49394.
66. Stitt Robinson, Legal; Merrell, Custom; Berman, Perspectives; and Berkey,
United States.
67. Lien, Acquisition; Smith, History; Berman, Concept; Frickey, Marshall-
ing; Harring, Crow Dogs Case; and Smith, Civic Ideals, 5967.
68. Russel, Free Negro; Tannenbaum, Slave and Citizen; Litwach, North of Slavery;
Jordan, American; and Berlin, Slaves without Masters.
69. See note 68.
70. Babeau, La ville sous lancien rgime, 1826; Perrin, Le droit and in La bour-
geoisie; Petit-Dutaillis, Les communes franaises; Vovelle, Ville et campagne, 13743:
Chevalier, Les bonnes villes de France, 6667; Peronnet, Bourgeois; Small, Royal;
and Rigaudiere, Universitas.
71. Gascon, Grand commerce, 36566 and Dubost, Les Italiens, 9293.
72. Vidier, Les origines; Corcia, Bourg; Descimon, Paris, in Bourgeois, in
Milice, in Le corps, and in Corpo cittadino.
73. Corcia, Bourg, 224.
74. Billot, Lassimilation.
75. Foreigners were restricted in ofce and land holding, and they could not serve as
tutors, adopt French children, marry natives, or engage in the colonial trade: Laprat,
Aubains, vol. 1, 133279, and Emmanuelli, Etat et pouvoir, 1023
76. Vanel, Histoire de la nationalit franaise; Hildesheimer, Aubains; Nicolet, Cit-
oyennet; Benoehr, Le citoyen; Billot, Les italiens; Bayard, Naturalization; Du-
bost, Signications de la lettre de naturalit, in Les trangers en France, and in La France
Italienne; Lequin, Histoire des trangers; Lefebvre-Teillard, Ius sanguinis; Sahlins,
Fictions, and La nationalit; Brubaker, Citizenship and Nationhood; Wells, Law and
Citizenship; Bossenga, Rights; Bonner, French; Dubost and Sahlins, Et si on faisait
payer les trangers.
77. The degree by which the boundaries of this territory were unclear is explored in
Nordman, Frontires de France.
78. Gascon, Gran commerce, 36667.
79. Vanel, Histoire de la nationalit franaise, 9394; Dubost, Signications de la lettre
de naturalit, 3133; Sahlins, Fictions and in La nationalit, 1086 and 1103; and
Merrick, Conscience.
80. Labourdette, La nation franaise Lisbonne, 2735.
81. Sales, Naturalizaes, 45.
Notes to Pages 195201 269
82. Dubost, Signications de la lettre de naturalit, 2325, and Dubost and Sahlins, Et
si on faisait payer les trangers.
Chapter 9
1. Noticias del Guiol, Canal Plus, February 7, 2001.
2. Contamname, words and music by Pedro M. Guerra and interpreted by Ana
Beln and Vctor Manuel in 1994. The original reads: Contamname pero no con el
humo que asxia el aire. Ven pero s con tus ojos y con tus bailes. Ven pero no con la rabia
y los malos sueos. Ven pero s con los labios que anuncian besos. . . . Contamname,
mzclate conmigo que bajo mi rama tendrs abrigo.
Glossary
271
272 Glossary
Council of the Indies (consejo de Indias)A council charged with overseeing the administra-
tion of the Spanish American territories and also acting as a court of appeal.
DispensaA legal instrument that exempted people from certain requirements and enabled
them to carry out a certain activity. Dispensas could allow minors to act as if they were of
age, allow illegitimate children to inherit as if they were legitimate, and so forth.
DomicileA legal residence. According to Spanish law, it required the intention to remain in
the community permanently.
EncomiendaA Spanish institution that subjected a group of Indians to a Spaniard (called
encomendero), who was supposed to defend them and ensure their conversion to Chris-
tianity while they were forced to work for him or pay him tribute.
ForasteroA foreigner. In Castile this term designated people who were foreign to the local
community. In Spanish America it designated nontribute-paying Indians who no longer
belonged to or resided in their community of origin.
Fuero de ExtranjeraThe rights and obligations inherent to the status of foreignness in
Spain.
GenzarosSons of foreigners born in Spain.
Gracias al sacarAnother name for dispensas.
HidalgoA member of the minor nobility, gentry.
House of Trade (Casa de Contratacin)The royal court charged with directing and control-
ling communication and trade between Spain and Spanish America, located rst in Seville
and then in Cdiz.
Ius communeA European legal science originating in the twelfth century that combined
Roman, cannon, and feudal law and adapted them to contemporary circumstances.
Junta de ExtranjerosA dependency of the Council of State, established in 1714, abolished in
1717, and reestablished in 1721. In 1748 it became part of the Junta de Comercio and from
then on it was called Junta de comercio y de extranjeros. The junta was charged with
overseeing the treatment of foreigners in Spain.
Local CommunityAn urban or rural community with some measure of self-government.
The term includes lugares, aldeas, pueblos, villas, and ciudades.
Merchant guild (consulado)A corporation comprising all merchants legally trading in a city,
acting as court for commercial litigation and as a commercial lobby.
Monopoly (Spanish)A series of laws and regulations allowing only natives of the kingdoms
of Spain to immigrate and trade in Spanish America, only certied ports to maintain com-
munication between these territories, and only Spanish ships manned by Spaniards to travel
between them.
NaturalezaThe status of native (natural ), a member of the community of the kingdom.
Naturalization by integration or prescription (naturaleza por va de prescripcin)Natural-
ization automatically obtained by foreigners by virtue of integration in a local community
or in the community of the kingdom.
Open house (casa abierta)A house where one lives with his family most of the year.
PecheroA tax-paying folk.
PresumptionsA legal regime linking behavior to a state of mind and allowing people to
prove their intentions by acting in certain ways.
Pblico y notorioEvidence, including facts that needed no proof and that could not be
legally contradicted.
Glossary 273
Purity of blood (limpieza de sangre)A Spanish doctrine allowing only people whose geneal-
ogy included no heretics (to the third generation) and no Jewish or Muslim ascendancy to
belong to certain corporations.
Recopilacin de IndiasThe main recompilation of Spanish American law, dated 1680.
RegalaA faculty dependent only on the monarch and which he could dispose of at his free
will.
Representative of royal interests ( scal )An ofcial existing in most Spanish councils and
courts, charged with representing royal interests.
Reserve of ofces (reserva de ocio)Translated here as monopoly on ofce holding. A
medieval rule shared by all peninsular kingdoms that restricted the use of public ofces and
ecclesiastical beneces to natives of the jurisdiction.
Siete PartidasA thirteenth-century Castilian code, also implemented during the early mod-
ern period.
Vecindad de indiosCitizenship dependent on an encomendero status. People whose citizen-
ship was acquired in this way were called vecinos encomenderos.
VecinoMember of a local community, a citizen.
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