Tamar Herzog - Defining Nations

Defining Nations

T A M A R H E R Z O G

Defining NationsI M M I G R A N T S A N D C I T I Z E N S

I N E A R L Y M O D E R N S P A I N

A N D S P A N I S H A M E R I C A

Yale University Press

New Haven &

London

Published with assistance from the Program for Cultural Cooperation betweenSpain’s Ministry of Education and Culture and United States Universities.Copyright ∫ 2003 by Yale University. All rights reserved. This book may not bereproduced, in whole or in part, including illustrations, in any form (beyond thatcopying permitted by Sections 107 and 108 of the U.S. Copyright Law and exceptby reviewers for the public press), without written permission from thepublishers.

Set in Sabon type by Keystone Typesetting, Inc.Printed in the United States of America.

Library of Congress Cataloging-in-Publication DataHerzog, Tamar.Defining nations: Immigrants and citizens in early modern Spain and SpanishAmerica / Tamar Herzog.p. cm.Includes bibliographical references (p. ) and index.ISBN 0-300-09253-91. Citizenship—Spain—Castile—History—18th century. 2. Citizenship—Spain—Colonies—History—18th century. 3. Spain—Colonies—America—History—18th century. I. Title.JN8399.C26 H47 2003323.6%09171%24609033—dc212002011548

A catalogue record for this book is available from the British Library.

The paper in this book meets the guidelines for permanence and durability of theCommittee on Production Guidelines for Book Longevity of the Council onLibrary Resources.

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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 Ruíz, Tom Cummins,Mireille Peytavin, Piero Ventura, John Brewer, Cornell Fleischer, Julius Kirsh-ner, Steve Pincus, Claudio Lomnitz, Jan Goldstein, Richard Kagan, JeremyAdelman, 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. Theanonymous readers of the press carefully read the manuscript and advised mewhat to change and how. I also thank Jorge and Anahi Myers, José CarlosChiaramonte, Marta Valencia, Orense Carlos Cansanello, Guillermo Ban-zato, Luciano Andrenacci, and the staff at the Archivo General de la Nación,most particularly Liliana Crespi, Gabriel Taruselli, and Fabián Alonso, whomade my stay in Argentina possible, interesting, and agreeable; José FrankRagas Rojas, who assisted me in the Archivo General de la Nación in Lima,and Carole Leal Curiel, who helped in Caracas; José Manuel Pérez Prendes,Magdalena Rodríguez Gil, and Clara Alvarez Alonso, who did the same inMadrid; María Inés Carzolio, Orense Carlos Cansanello, Marcela Ternavasio,and María Elena Martínez, who allowed me to read and cite their unpublishedpapers; Federica Morelli, Gabriela Gómez Cárcamo, and David Nirenberg,who called my attention to different sources and citations; María GómezGarrido, Susan Allan, and Eliza Childs, who edited parts of the manuscript;

viii Acknowledgments

Byron Hamann, who prepared the index; Laura Lobera Argüelles, who of-fered me her house and plotted a visit to Minorca; and Yuval Erlich, for beingthere.

Born in Lima, this book first took shape as a research project at the Institutefor Advanced Study at Princeton. It matured at the University of Chicago andsaw completion at the European University Institute in Florence, Italy. Itsdifferent parts were discussed in the meetings of the Society of Spanish andPortuguese Historical Studies, the American Historical Association, theForum on European Expansion and Global Exchange, and the Association ofEuropean Latin American Historians, and in the seminars of Juan Carlos I ofSpain Center at New York University, Johns Hopkins University, the Interna-tional House of the University of Michigan–Ann Arbor, the Center for EarlyModern History of the University of Minnesota–Twin Cities Campus, theUniversity of Kansas at Lawrence, the University of Toulouse–Le Mirail, theAutonomous University of Madrid, the Max Weber College in Erfurt, Ger-many, and the Truman Research Institute of the Hebrew University, Israel. Iwould like to thank the faculty, students, and staff of these institutions fortheir support and encouragement. I would also like to thank the Yad HanadivFoundation and the Social Sciences division of the University of Chicago forsupplying the funds necessary to conduct the archival research.

This book is dedicated to the memory of Francisco Tomás y Valiente andLuis Castro Leiva, professors and friends, and to that of Jorge Díaz Giménez,whose love for Spain and the Hispanic world accompanies me despite hisabsence.

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1

Introduction

The construction of a community of natives of the kingdoms of Spain,one that in the early nineteenth century would be defined as the ‘‘Spanishcommunity,’’ is at the center of this book. I argue that this community emergedas a result of the establishment of a distinction between immigrants who werewilling to integrate themselves into the community and take on both the rightsand duties of membership, and those who were not. In the Middle Ages, thisdistinction applied only to immigrants. In the early modern period, however, itbecame instrumental in defining the status of people already living in thecommunity. The distinction between ‘‘good’’ and ‘‘bad’’ immigrants was firstelaborated in Castilian localities, where it found expression in the term vecino,designating people who were entitled to certain rights as long as they compliedwith certain duties. It was then applied to the kingdom of Castile as a whole. Inthe sixteenth to the eighteenth centuries, this distinction served to define thenatives (naturales) of the kingdom, and by the seventeenth and eighteenthcenturies it also defined a Spanish community, including natives of all Spanishkingdoms first in Spanish America and then in Spain itself. This distinctionexplained how Spaniards and Spanish citizens were defined in the first Spanishconstitution (1812) and how European Spaniards were distinguished in theeighteenth and nineteenth centuries from Spanish Americans by a Creole dis-course that affirmed the uniqueness of those inhabiting the New World. The

2 Introduction

distinction between ‘‘good’’ and ‘‘bad’’ immigrants was also applied to peopleof different ethnicities, races, religions, or vassalage. It justified the rejection ofconverso Jews, the persecution of the Gypsies, the exclusion of individuals ofAfrican descent, and on the contrary, the welcoming to Spain of foreign vas-sals and foreign Catholics. Distinguishing good from bad immigrants involveddefining good and bad and determining who had the authority to decide theseissues. It was in this realm, of believing or not the good intentions of migrantsand making their integration easier or harder, that most debates took place.

In order to illuminate these questions, I trace the evolution of vecindad andnaturaleza as categories of belonging in early modern Castile, Spain, andSpanish America mainly during the seventeenth and eighteenth centuries. Iidentify the relation between these categories, the theories explaining them,and the communities created as a result of these distinctions. I argue that theclassification of people as good or bad was a byproduct of the need to decidewho could enjoy rights and who could be forced to comply with duties. Thiswas the crucial issue. The decision constituted people as bearers of rights at thesame time it defined them as members of a community. In a period that pre-dates the elaboration of formal definitions of nationals and citizens (categoriesthat generally arise at the end of the eighteenth century or the nineteenthcentury), belonging to these communities and enjoying these rights constitutedthe main mechanism by which citizens and Spaniards were distinguished fromforeigners.

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-dayperceptions. Anderson, Hobsbawm, and Greenfeld affirmed the legal and po-litically constructed or even imagined character of nations; Armstrong, An-thony Smith, and Hastings argued instead that nations were naturally createdas a result of linguistic or ethnic commonalties.∞ For the first, nations were amodern phenomenon, a byproduct of the emergence of modern states andmodern means of communication; for the second, they existed in the MiddleAges and they preceded and were independent of the state. The conceptualdifference 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 classified patriotismas a natural identity, emerging among people who knew one another and wholived within the boundaries of small communities.≤ They identified 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 first 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 localattachment disappeared, indeed, once the modern state came into being. Inspite of recent criticism by such scholars as Peter Sahlins and José MaríaPortillo Valdés, this analysis still presents both nation and state formation asantagonistic processes.∂ They confronted an expansionist and artificial statewith ‘‘natural’’ and older peripheral bodies who resisted the penetration of thestate. After their defeat, older and natural communities were replaced by asense of belonging to a wider, unified, artificial, national society.

The literature on the development of early modern categories of belonginglargely supports this narrative linking state and nation and affirming that bothwere contemporaneous and both emerged as a result of confrontation betweenstate organs and local communities. Historians of Europe affirm that during theearly modern period the distinction between being of one country or the otherdepended on subjection to a sovereign power.∑ Although horizontal ties, inte-gration, and acceptance were important in determining the way individualswere actually treated, all treatment that differed from formal legal categoriesbased on subjection was interpreted as a simple proof for the dissociationbetween law and its application and between legal and social categories.∏

Whereas the community of subjects was constructed through vertical ties,horizontal ties defined a citizenship regime in local communities.π This regimehad no direct bearing on the construction of either state or nation. Localcitizenship existed only in a few privileged municipalities and included only aminority of men.∫ By the eighteenth century, local status was indicated bylargely honorary titles that were often associated with duties (to be avoided)rather than with rights (to be obtained). In some cases, such as Spain, localcitizenship was a widespread status, yet it bore no relationship to the classifica-tion of people as Spaniards or foreigners.Ω In short, in early modern Europe twocommunity levels coincided: the local community and the community of sub-jects. According to most research, each of these communities operated on adifferent level and had its own implications as well as criteria. Because the localexperience was either irrelevant or unfit for the construction of states andnations, modern citizenship could be viewed (and reconstructed) only throughthe lens of antiquity.∞≠ For precisely the same reason, even historians who didlook at the relation between local communities and central authorities couldpursue their research with little attention to the ways participation in localcommunities defined membership in the larger units that eventually becamestates or nations. And, although the state was often perceived as a city (re-public), this did not imply that actual practices in local communities wereapplied 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. Mostresearch has centered either on local communities or on national structures,either on law and doctrine or on social practices. The assumption was thatearly modern communities were fundamentally similar to our own. Historiansstudied communities with the aim of affirming that they were national or not,artificial or not, state generated or not. This method reduced communities tolegal definitions, which depended on a dichotomy between a law of birth (thatascribed individuals to a community by virtue of birth in a given territory) anddescent (that classified individuals in accordance to their genealogy).∞≥ Peopleparticipating in the debates about the natural or constructed nature of nationsviewed communities as ensembles whose membership could be reconstructedand defined conclusively. They gathered that the identification of people asinsiders or outsiders was stable rather than contingent, and they assumed thetranshistorical nature of identity politics. They also supposed that answeringthe question of who was a member of the community and who was not wasimportant to contemporaries a priori and irrespective of conjuncture and cir-cumstances, and that individuals and local and state authorities invested timeand energy in the identification of people and in establishing their rights.∞∂

If we consider that early modern communities were profoundly differentfrom 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 askwhat kinds of communities existed in the past, how people belonging to themperceived their participation in them, and how they argued in favor of exclud-ing or including others. This task is especially important given the nature ofthe primary sources at our disposal. Most historians considered letters ofcitizenship and naturalization as the only method by which individuals couldobtain classification as insiders or outsiders. Yet, unlike today, early moderncategories of belonging were not embodied in legal definitions or in acts ofauthority. Instead they were generated by the ability to use rights or to beforced 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 stakewas always the question of who could enjoy a specific right or be obliged toperform a certain duty. Under such a system, the use of rights of citizens andnatives implied the claim that one was a citizen or a native, and the silence ofthose allowing it (both the authorities and other individuals) implied consent.This meant that most people acted as citizens and as natives and were allowedto do so without their status ever being questioned or affirmed.∞∑ Indeed, byenacting the role of citizen or native they created a public image that they werecitizens 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 ornatives without any formal declarations explains why citizen lists in Europeancities were short in comparison to the actual number of people who identifiedor acted as citizens.∞∏ It also explains how the majority of natives were in factnatives without formal declarations or the elaboration of lists. Indeed, undersuch 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 asmall minority of cases, in which a conflict 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 thesecases, the authorities used the letters as both instruments and proofs of theirsovereignty. 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. Itshould therefore not surprise us that, as historians have affirmed, most lettersof naturalization were granted to wealthy people who were interested in ob-taining a certain right. Far from being the only foreigners acting, or wishing toact, as natives, as other scholars have assumed, wealthy people simply tendedto encounter opposition where other people did not.∞π They therefore investedthe effort and resources needed to secure an official recognition that otherforeigners found unnecessary. And, since the question of who was worthy ofwhich treatment could be pursued in certain moments and abandoned inothers, and since it could become meaningful under certain circumstances, orbe 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 hadlived in a community for twenty, thirty, or even forty years without their statusbeing an issue suddenly had to prove they were citizens or natives.

Since the documents at our disposal describe the exceptions, not the rule, ineach case we must ask ourselves why status was questioned and what agentsand interests were involved. Yet, first and foremost, we must ask what hap-pened in other cases, indeed, in most cases, where consensus reigned. Movingbeyond existing documentation will, as a rule, enable us to avoid overempha-sizing the importance of formal procedures and state structures and to discoverthe power of implicit social categorizations and ongoing social negotiations inthe creation and definition of early modern communities. This move will dem-onstrate that, rather than a status leading to entitlement to rights, as would bethe case with citizenship and even nationhood today, belonging to a localcommunity or the community of the kingdom in the early modern period was aprocess.∞∫ As Margaret Sommers has noted, this process was contingent upon

6 Introduction

and constituted by networks of relationships and political idioms. It generatedcitizenship rather than administered it.∞Ω If we wish to comprehend early mod-ern communities, we must analyze local actions and everyday interactions thatclassified people, allowing some to enjoy the benefits of the community whileexcluding others. We need to abandon the quest for ‘‘identity’’ and examineinstead processes of ‘‘identification,’’ that is, the processes through which peo-ple claimed to be or were identified as members of the community.≤≠ This willenable us to look at the history of state and nation formation in Europe bylinking immigration policies to the construction of communities and by argu-ing that the exercise of rights, rather than legal enactments or official declara-tions, defined the boundaries of early modern communities.

In this book I look at these questions by analyzing the case of Spain andSpanish America and trace the evolution of two categories of rights: vecindad(which denoted the rights of citizens) and naturaleza (which captured therelationship people had with the community of the kingdom). Vecindad was aterm that originated in Castile in the eleventh and twelfth centuries during thereconquest and resettlement period. It initially designated the privileges andduties of individuals who were willing to abandon their communities of originand come to settle in lands recovered from the Muslims and now under Chris-tian control. By the seventeenth and eighteenth centuries, the vecindad statuslost its immediate relation to immigration on one hand, and to a factualsituation of residence on the other. Instead, it came to imply a wide range offiscal, economic, political, social, and symbolic benefits in return for the fulfill-ment of certain duties. These rights and duties varied from one community tothe next and changed over time. In most communities vecinos could use thecommunal property, especially communal pastureland. In small communities,they participated in managing local affairs through their membership in thelocal council (concejo). In large communities, only individuals who purchasedtheir office, or responded to special criteria of ‘‘honor’’ or seniority, partici-pated in the local council. Vecinos, however, could still influence local politicsby electing their representatives to the council, by being elected to certainoffices, or by participating in public meetings (concejo abierto). In some cases,vecinos also enjoyed special commercial privileges, such as lower tariffs or theright to introduce certain products into the local markets. Among the duties ofvecinos was the obligation to submit to the local authorities. Vecinos had topay their fair share of the taxes levied on the community as a whole (mosttaxes) and contribute to other public expenses, such as hiring a professionalsurgeon or subsidizing public works. They were expected to join the localmilitia and reside in the community.

Introduction 7

Beyond its practical implications, vecindad denoted a social and culturaldistinction. It identified people as both members of the community and ‘‘civi-lized.’’ Membership was important in itself, and people who were deniedvecindad complained about their inability to exercise certain rights, but theymainly expressed their resentment in social terms. As far as they were con-cerned, being a vecino meant acceptance and not being one meant rejection.Men and women could lead a civil life only when integrated into a community.Those who were not integrated were the ultimate outsiders, the true barbar-ians. Through making use of their rights and fulfilling their obligations, veci-nos thus indicated that they were socially and politically members of the localcommunity. This condition was granted to people residing in both royal andseigniorial jurisdictions, and in urban and rural communities alike. It wasapplied to individuals of all three estates and, in the sixteenth century it wasgenerally granted to all Castilian heads of households.≤∞ By the eighteenthcentury, vecindad was presented as their ‘‘natural right.’’

Most historians of Spain have argued that vecindad was a status that de-pended on compliance with certain legal requirements.≤≤ According to thesescholars, vecindad was generated by formal declarations issued by competentauthorities. Yet other historians noted that vecindad was an important institu-tion, which lacked clear criteria, was extremely flexible, and was linked toreputation.≤≥ As I argue in this book, both groups of historians looked at thepicture from a restricted point of view. In spite of their ostensible similarity tomodern definitions of citizenship, early modern legal enactments did not enu-merate requirements for vecindad.≤∂ Instead, contemporaries viewed theseenactments as examples of a more general rule, which the legislation did notenumerate. Since the general rule was more important than the examples, theselegal enactments could be disregarded in specific cases in which they conflictedwith the general rule without it constituting a legal violation or a corruptpractice. By the early modern period, and certainly in the eighteenth century,all communities in Castile shared this general rule. Inspired by Roman law asapplied and interpreted under Castilian conditions, this rule held that vecindadwas constituted on its own, at the moment when people acted as if they feltattached to the community. Complying with military duties within the com-munity, for example, affirmed peoples’ inclusion in the community and be-stowed on them vecindad.≤∑ The same was true of rights. Exercising the rightsof vecindad, for example, taking one’s goats to the common pasture, was botha claim and a confirmation of membership. There was no need for officialdeclarations, and, indeed, vecindad was generated largely by what could bedescribed as reputation. The gap between one group of historians studyinglaws and institutions, and another studying social practices, is thus closed.

8 Introduction

Similar affirmations can be made with regard to the implementation ofCastilian vecindad in Spanish America. Historians of Spanish America haveaffirmed that either late medieval Castilian practices continued to operate inthe Americas or that, in the Americas, vecindad lost its original meaningbecoming a simple honorary title. This misunderstanding arose from the con-centration on legal enactments and formal procedures, on one hand, and theconsideration of social practices alone, on the other. As I argue in this book, bythe mid-seventeenth century, Spanish American practices took a different paththan the Castilian ones. Yet this path introduced in Spanish America policiesthat were more natural and more in tune with the Castilian theory than wasthe practice in Castile itself. It ‘‘essentialized’’ the idea of vecindad by allowingSpanish Americans to exclude all non-Spaniards from citizenship and by ex-panding citizenship inside the Spanish community. At the same time, citizen-ship, which originally applied only in the Spanish community, gradually foundits way to the Amerindian one, eventually creating a citizenship regime com-mon to both Spanish and Indian communities.

The second category of rights that operated in early modern Spain andSpanish America was naturaleza. Naturaleza (translated here as ‘‘nativeness’’)was a status that appeared in Castile in the late medieval period and wasimmediately distinguished from vassalage and subjection. By the fifteenth cen-tury, it defined a particular community of people who enjoyed exclusivity inoffice holding and in the use of ecclesiastical benefices in the kingdom. In thesixteenth century, legislation granted natives the exclusive right to legally im-migrate and to trade in Spanish America. These rights initially defined a Cas-tilian community of natives, which was distinguishable from the other com-munities of natives existing in the other kingdoms of Spain. Yet, over the years,a community of ‘‘natives of the kingdoms of Spain’’ also made its appearance.In 1596, natives of all Spanish kingdoms were officially allowed to cross theAtlantic and engage in the transatlantic trade. In 1716, they were permitted tohold offices and benefices everywhere in Spain. The definition of this commu-nity of ‘‘natives of the kingdoms of Spain’’ largely followed the Castilianmodel. The importance of this model was clear in Spanish America, which, asa Castilian territory, was subjected to Castilian law, institutions, customs, andpractices. Yet it was also clear in Spain, where the rights of natives of allkingdoms were made equal in the beginning of the eighteenth century pre-cisely because Castilian public law was applied also in the Crown of Aragon.

In return for their privileges, natives had to be loyal to king and community.They had to obey the local and royal laws that protected them in some ways,yet limited their liberty in others. These limitations became apparent in theeighteenth century, when many native merchants complained that their for-

Introduction 9

eign competitors received better treatment in Spain.≤∏ They enjoyed the pro-tection of their national laws and consuls and could produce, buy, or sellgoods without being members of a guild. Most important, they did not have topay royal or local taxes.

As happened in the case of vecindad, most historians have assumed thatnativeness had a clear legal definition.≤π They reproduced the few legal enact-ments that mentioned nativeness, without taking into account the fact thatthey all referred to specific situations and specific 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 amongcommunity 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 integrationin a political community, one that in contemporary terms would embody theidea of ‘‘nationality,’’ they maintained that it operated separately in each Span-ish kingdom.≤Ω Historically, there were natives of Castile, natives of Aragon,natives of Catalonia, but never ‘‘natives of Spain.’’ During the early modernperiod, they concluded, ‘‘Spain’’ was meaningful only as a religious creed andas 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 thatcontemporaries considered legal enactments and formal declarations as exam-ples. Rather than a fragmentary regime suggested by the various legislativepieces, or a regime totally dependent on the king as letters of naturalizationindicated, nativeness had a logic of its own. This logic determined that peoplewho were integrated in the community and were willing to comply with itsduties were indeed natives, independent of their place of birth or descent andindependent 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. Inthe seventeenth and eighteenth centuries, vecindad, which originally definedonly local immigration policies, influenced nativeness, which designated arelation to the kingdom. During this period vecindad was instituted as a mech-anism of naturalization, allowing foreigners to become natives and inducingthe classification of natives who lost their vecindad as foreigners. It wasthrough their relation to a local community that people took their places inthe kingdom, and it was the lack of such a connection that made them for-eigners. Although religion was important, and Catholicism was indeed aprecondition for achieving recognition as citizen or native, religion was not

10 Introduction

sufficient on its own. Vassalage, on the contrary, was the result of, and not acondition for naturalization.

Spain, therefore, was not defined solely by reference to religion, vassalage,or even descent as historians have argued in the past. Rather than constitutinga ‘‘nation,’’ naturaleza constituted a community that defined who could enjoythe rights of Spaniards. This definition depended on implied categorizationsand norms, and it varied according to the interests of individual agents orgroups and the specific circumstances of time and place. Reconstructing theboundaries of the community by examining who was allowed to use whichrights enables us to step aside from most affirmations concerning the nature ofboth state and nation in early modern Spain and Spanish America.≥≠ In Spain,these affirmations confront a first group of historians who argue that duringthe early modern period ‘‘Spain’’ was only a geographical idea or a politicalproject, and a second group who believes that ‘‘Spain’’ had always existed.According to the first, until the eighteenth century, and possibly even later, theonly bond among the different Spanish kingdoms and communities, whichwere politically, culturally, legally, and linguistically differentiated, was a com-mon allegiance to the monarch and the Catholic church.≥∞ According to thesecond, inherent and natural ties connected Spaniards to one another from asearly as the fifth century.≥≤ In twentieth-century Spain, these visions led todebates between regional nationalists, who affirmed the existence of separatenations in each of the Iberian kingdoms, and Spanish nationalists, who deniedit.≥≥ It allowed claiming that local communities and the state were antagonists,and that only when local allegiances were suppressed could a national identitycome into being.≥∂ The importance of integration as a mechanism by whichpeople could become worthy of rights and communities could be defined alsoled to a well-known controversy between Américo Castro and Claudio Sán-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 foughtagainst all external influences, including but not limited to the presence ofJewish and Moorish populations.≥∑ In the Spanish American case, claims weremade for the existence of a ‘‘national’’ discourse during the colonial period, oron the contrary, for the construction of nations only after independence. It wasgenerally assumed that people were classified according to their place of birthand not according to their activities or wishes.≥∏

If vecindad and naturaleza operated on a daily level in social settings wherethe ability of individuals to use rights could be consensual or not, affirmed ordenied by a multiplicity of agents, some of whom were ‘‘official,’’ and some not,how can one speak of an ‘‘invented’’ or a ‘‘natural’’ community? How can local

Introduction 11

communities and the state or nation be antagonistic to one another in a situa-tion where the kingdom was always perceived from the local point of view andpeople integrated in a the local community were by definition Spaniards? Howcan one maintain a distinction between patriotism and nationalism? Indeed, inearly modern Spain there was no need to ‘‘imagine’’—as Benedict Anderson hasled us to believe—being familiar or similar to other members, because allmembers belonged to the same local community and only by extension heldrights in the kingdom. Close scrutiny reveals that membership in local commu-nities defined the relationship linking individuals to the kingdom and that a‘‘law of domicile’’ was as important, if not more important, than the law ofbirth (ius soli) and descent (ius sanguinis).≥π

Conflicts regarding the classification of individuals as good or bad, mem-bers or nonmembers, were frequent. They could be tied to economic interestsand competition for resources. This clearly happened in Spanish America,where, as I will argue in this book, merchants classified economic rivals asforeigners to prevent them from immigrating and trading in the New World(chapter 5). Competition for resources was also evident in Castilian localcommunities, whose members often sought to exclude as many people aspossible from using the common pasture, or where special campaigns werecarried out against people deemed too rich or too powerful (chapter 2). Per-sonal animosity or rivalry also motivated conflicts. The nature and extentof competition could change over time. These changes could be justified bychanging economic conditions or by shifting alliances. They could be inducedby the improved social or political status of a rival.

Although conflicts concerning individual status were always tied to thespecific circumstances of place, time, case, and parties, they also expressedsome more general concerns. In seventeenth- and especially in eighteenth-century Spain, for example, conflicts regarding nativeness forced the kings toconfront their subjects in a constitutional debate (chapter 4). The kings arguedthat naturalization was a royal prerogative and that, as sovereigns, they couldnaturalize whomever they pleased whenever they pleased. They portrayed thecommunity of natives as an agglomeration of people directly subjected toroyal authority and claimed the right to introduce into it their foreign vassalsand servants. The communities and organs representing the kingdom arguedotherwise; natives were distinguished from foreigners by virtue of natural lawsthat the king could not modify. These laws indicated that integration andcompliance with duties tied people to one another and made them members ofthe same (local) community and, by extension, the community of the king-dom. In their view, the king’s vertical notion of community disappeared; in-stead, the community was portrayed as one based mainly on horizontal ties.

12 Introduction

Although debates concerning individual status could occur in cases of thenative born whose families had ‘‘always’’ resided in a particular jurisdiction,they were probably more acute, and more frequent, when they involved new-comers who could not point to a history of integration or of love and loyalty tothe community. Attitudes towards migration could change over time, accord-ing to local conditions as well as the particular characteristics of each migrant.In Spain, the freedom of all people to choose their place of residence wascontinuously affirmed at the same time it was questioned. When it was usefulto their interests, for example, to restrict commercial competition, some Span-iards claimed that a permanent difference should be instituted between ‘‘na-tives’’ and ‘‘naturalized,’’ and between those born in the community to citizenand native parents and those who were not (chapter 5). On other occasions,the same people insisted that all foreigners permanently residing in Spain weretrue natives (chapter 4). Social attitudes towards migrants were just as ambig-uous. Many foreigners lived in Spanish territories.≥∫ They were concentratedin port cities, where they easily came to represent as much as 10 percent of thepopulation.≥Ω Some foreigners integrated into the Spanish community by his-panizing their names, actively participating in communal life, obtaining cit-izenship, or marrying a Spaniard. Others maintained a separate or semisepa-rate existence by constituting national associations, merchant organizations,and confraternities; marrying inside their group; living in compact neighbor-hoods; employing servants from their countries of origin; and sending theirchildren to be educated abroad. Conflicts between natives and foreigners werefrequent, and so were complaints that foreigners accumulated too much eco-nomic power, which they used to benefit their homeland rather than Spain orSpanish America.∂≠ Hostility towards foreigners was also expressed by callinginto question their faith and their loyalty and by mocking their customs.∂∞

Another source of conflict regarding individual status was the convictionthat individuals also formed parts of groups, and as members of groups theywere granted special treatment. This treatment was based on the convictionthat group membership was telling; that people who belonged to certaingroups or categories tended to act in certain ways that were different fromother people. It was often stated that people who worked for a salary, forexample, surgeons, barbers, or shepherds, resided in communities only as longas they had work there. Their residence was never truly voluntary, and as suchcommunities considered it as less meaningful than that of others who ac-tively chose to live in the jurisdiction (chapter 2). The same kind of reasoningled to the stereotipization of all Gypsies as nomadic and ‘‘badly behaved,’’even though it was clear to contemporaries that ‘‘good’’ citizen Gypsies alsoexisted (chapter 6). It was under these circumstances that, in 1812, people of

Introduction 13

African descent were declared foreigners: they belonged to a group whoseprogenitors—slaves—were said to have never expressed their intentions tobecome natives (chapter 7). Indeed, discussions on good and bad immigrantsnot only fixed the internal membership criteria, it also allowed the communityto portray people of different ethnicities, races, or cultures as foreigners orsemiforeigners, therefore justifying their rejection. A theory centered on inte-gration, and apparently allowing all good-willed people to become membersof the community, could thus lead to exclusion, and a practice theoreticallyclassifying people according to their individual behavior could classify themaccording to their perceived membership in a group, such as the Gypsies orthe Africans.

Because status verification and registration occurred only in exceptionalcases, we must use the information they provide to deduce what was so obviousand so unquestionable that it was never openly discussed. The importance ofthis task is demonstrated in chapter 2, where I contrast formal citizenshipprocedures with their ‘‘hidden’’ meaning. The importance of the unspoken isalso made clear in chapter 6, where I examine the role of religion in theformation of communities. It is also present in other chapters, where I studywhat early modern Spaniards and Spanish Americans meant when they af-firmed their vecindad or nativeness, or when they classified their colleagues.

The need to deduce the rule from the exceptions requires engagement incomparative research. The size, social structure, and economic orientation ofeach of the enclaves I study (Seville, Madrid, municipalities included in thejurisdiction of the court of Valladolid, Caracas, Lima, and Buenos Aires) weredifferent. Also different was the identity of people engaged in debates onvecindad and naturaleza, the dynamic between them, and the interests theyrepresented. This diversity allowed me to ask questions that a microhistory,for example, would not. Diversity facilitates the construction of the rule be-cause it permits the location of subjects, considerations, and themes that wereonly hinted at in some places yet openly discussed in others; that were consen-sual in one locality yet conflictual in another. Looking at similar questions invery different local settings also allows us to appreciate similarities and toascertain that if these similarities existed in such different contexts, they couldnot be accidental. By comparing the practice of vecindad and naturaleza indifferent centers, I was able to gain a better understanding of my sources,which I was forced to rethink constantly. For example, it was only after I readdiscussions about nativeness in Spanish America that I recognized the opera-tion of nativeness by integration (prescription) in Castile and Spain. Put sim-ply, Spanish American discussants openly mentioned naturalization by inte-gration when they asserted that their practices were different. I then returned

14 Introduction

to the documents I had studied in Spain and realized how important and howpervasive naturalization by integration was. I ‘‘suddenly’’ discovered it in thelegislation and in court cases. I ‘‘suddenly’’ understood that debates in theSpanish parliament (cortes) dealt only with one type of naturalization (byroyal 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. Ratherthan wanting to explain New World orders, I perceived Spain and SpanishAmerica as a single space, and I attempted to understand developments inboth by constantly looking at one side and the other. Although I learned thatCastilian practices changed in the New World, I often discovered that thesechanges illuminated what was happening in Spain as much as they told aboutthe conditions in Spanish America.

Another way to reconstruct the rule by using the exceptions was to consult awide array of sources—legislation, legal and political literature, administrativerecords, administrative correspondence, and political debates, especially thosetaking place in the parliament (cortes) and among cities with voting rights inparliament. I studied some 3,500 cases in which the classification of people ascitizens or natives became necessary, including formal petitions for citizenshipor nativeness and instances where the status of individuals was called intoquestion when they sought to do something that was restricted to citizens ornatives. These sources proceed from municipal records and from the archives ofmerchant guilds and other economic bodies, such as the juntas of agricultureand commerce. They are included in the documentation generated by theCouncil of the Indies, the Council of Castile, and the Council of State, theHouse of Trade (Casa de Contratación), and the local American authorities. Ialso 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 Ifollow the path already taken by other historians.∂≤ This translation does notimply that vecindad was identical to present-day citizenship. Within the scopeof Old Regime societies, however, vecindad was certainly similar to othercontemporary institutions that described the relationship between individualsand local communities, such as citizenship in Italian city-states.∂≥ Translatingvecindad as citizenship is also authorized by the fact that the Spanish termcurrently 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 modeledaccording to classical authors. In the first case, it designated a relationshipwith 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 theperfect citizen who lived in a city and who had certain moral and behavioraltraits that were considered essential for the well running of a perfect repub-lic.∂∏ On both accounts, ciudadano fails to describe citizenship as practiced inearly 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 ofnativeness (naturaleza) before the early eighteenth century. ‘‘Spain’’ designatesthe collectivity of the Spanish kingdoms as defined in Spanish America in thelate sixteenth century (‘‘natives of the kingdoms of Spain’’) and as created inthe Iberian peninsula in the beginning of the eighteenth century. By ‘‘SpanishAmerica’’ I refer mainly to the Spanish territories in the Southern Hemisphere.Wishing to circumscribe the object of my inquiry, I decline to explore thespecific ways by which the Spanish community interacted with the Indian one.This interaction, I believe, is well covered in contemporary research, as well asin different studies centered on the formation of purity of blood (limpieza desangre) and mestizos categories in Spanish America. Instead, I center my atten-tion on the processes by which Spaniards distinguished themselves from oneanother and from other Europeans, and the ways they justified giving member-ship privileges to certain people. For lack of space and because of the highlycasuistic nature of the privileges attached to citizenship and nativeness, I de-cline to analyze their material ramification in each individual case. Instead, Istudy debates about the ability to enjoy privileges not in order to evaluatethese privileges, but in order to examine processes of identification. For thesame reason, I use no quantitative analysis, nor do I necessarily mention thespecific 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 hisclaims. 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 bookcalls into question our understanding of other early modern communities.There are many indications in the literature on Italy, France, and England thatstatus was just as ambiguous and contingent in these countries as well; that onmost occasions status was neither requested nor acknowledged but was in-stead a byproduct of the enjoyment of rights; that a direct relation existedbetween membership in a local community and in the kingdom. It was alsoclearly the case that in all three countries formal rules were modified by so-cial practices. The rules themselves were highly complex, and they includedboth 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 modified thenature and extent of rights, and thus of status. Indeed, a preliminary review ofthe existing literature on Italy, England, and France (chapter 8) suggested thatSpain was exceptional. A closer reading indicates that it was not. The need toredefine the object of study, the questions asked, and the methodology used isthus as pertinent to other cases as it is to Spain and Spanish America. Furtherresearch needs to be done if we wish to fully understand the way early modernEuropean communities were formed over time. This understanding will clarifythe relation between local communities, citizenship, state, and nation. Observ-ing the intersection between state and nation and between social practices andlegal enactments in this way, we can provide an alternative vision of Europeanhistory, one that explores the (neglected) connection between horizontal andvertical social ties and that looks at the construction of communities fromboth below and above.

17

2

Vecindad: Citizenship in Local Communities

Castilian citizenship originated in the Middle Ages. During this period,the northern provinces of Castile gradually expanded southward, conqueringterritories previously under Muslim domination.∞ This effort, though cast as a‘‘reconquest’’ in an attempt to stress continuity between the pre- and postcon-quest periods and to claim legitimacy, was clearly the beginning of a new age,in which Christian control was extended throughout Spain and in which newforms of government and territorial management gradually emerged. Fromthe eleventh century onward, people moved to the lands reclaimed from theMuslims and formed new communities or transformed existing ones. Oftenspontaneous in nature and dependent on individual or collective agency andon the activities of the church and the military orders, this movement was alsoencouraged by the Castilian crown. Royal decrees recognized most new ortransformed communities as corporate entities, and they allocated specificrights to those who were willing to come and settle in them. Granted equally toall permanent settlers by virtue of their settlement, these rights were extendedto people irrespective of their religion, their vassalage, and their status asvillains or nobles, ecclesiastics or not.≤

By the twelfth and thirteenth centuries, the kingdom of Castile consisted ofa great diversity of communities, each with its own legal regime and its own setof privileges, which were extended to all permanent settlers.≥ The disparity of

18 Vecindad: Local Communities

legal standards between one community and the other was substantial, and avariety of local laws existed, each replicating the conditions under which thespecific community was created. With the consolidation of royal authority andthe introduction of ius commune (revived Roman law) in the kingdom, mostlyfrom the late fourteenth century onward, many communities began definingthe ways citizenship could be achieved and the conditions for its achievement.∂

In most cases, they presented citizenship as a legal tie that could have externalmanifestations, such as residence, but contrary to the reconquest period, it nolonger depended on them. Instead, citizenship was formulated as a contract inwhich the newcomer agreed to certain obligations (mainly to reside in thecommunity and to pay taxes) in return for receiving certain benefits (usuallyaccess to communal lands and office holding).∑ By the sixteenth century, thiscitizenship regime extended to all Castilian communities. Whether underroyal or seigniorial jurisdiction, whether rural or urban, the people of all threeestates were divided between citizens (vecino) and noncitizens (residentes orforasteros).∏ Citizens enjoyed a wide array of privileges and were obliged tocomply with many duties from which noncitizens were excluded. Principalamong their rights was the privilege of using communal property and, in mostcommunities, of voting and being elected to office. Principal among theirduties was the obligation to reside in the community, pay taxes and otherpublic expenses, and serve in the local militia.

Local citizenship in Castile is well documented for the medieval period, anddozens of studies describe the ways it was obtained or lost, as well as the rightsand duties attached to it.π Covering the thirteenth to the fifteenth centuries,these studies tend to focus on a specific community and argue that citizenshipwas highly localized in scope and differed dramatically from one place toanother. Each community defined citizenship differently, through its local lawsand constitutions ( fueros), and attributed citizens with different sets of rightsand obligations.

Although studies of medieval citizenship are numerous, hardly any researchhad been done on early modern Castilian citizenship.∫ This is surprising giventhat many scholars refer to Castilians as vecinos and habitually affirm theimportance of local communities to the governing of Spain, on one hand, and tothe generation of collective identities, on the other.Ω In general, it is assumedeither that medieval practices, which were highly fragmented and locally based,continued into the early modern period or that during the early modern periodcitizenship became a flexible regime, with no particular or clear guidelines.

The idea that early modern Castilian citizenship continued to be a highlyfragmented and locally based practice is due to the fact that Castilian locallaws 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, onehad to be a citizen, and that citizens are defined as individuals who live in thecommunity continuously or the largest part of the year, own a house, and paytaxes.∞∞ According to the ordinances of Jaén (1573), citizens are individualswho 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 Jaén for the next ten years.∞≤

In Archidona (1598), ‘‘no one would be considered a citizen . . . without firstbeing received by the council, guaranteeing his compliance with citizenship’sduties, and buying a house and a vineyard within a year of his reception to thecommunity.’’ 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 ofcitizenship, laws pertaining to the kingdom as a whole—such as the SietePartidas, Fuero Viejo, Fuero Real, the Recopilación, and the Novísima Recop-ilación—hardly make any mention of citizenship, let alone define it. Althoughthey affirm the liberty of all vassals to change their place of residence andbecome citizens of new communities, these laws fail to explain the mechanismallowing 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 inanother . . . can do so and become a citizen of a new community,’’ and theystress that prohibiting such a movement would be ‘‘against justice and reasonand against their liberty, which is notorious to all.’’∞∂

This lack of explanation and the specificities of local legislation has led somehistorians to the conclusion that during the early modern period no Castilian-wide citizenship existed. This conclusion was further encouraged by the lackof reference to citizenship in the legal literature. This literature describes someof the rights and privileges of citizens, yet it fails to define who the citizens areand how citizenship can be obtained.∞∑ Castilian political literature is alsosilent on issues of citizenship. Alonso de Castrillo, Diego de Guerra, andSebastián de Covarrubias address the ciudadano rather than the vecino. Theydescribe only the urban citizen, who symbolizes both virtue and order, and usehim to portray the ‘‘perfect republic’’ rather than the existing one.∞∏ Juan deMariana and Martín González de Cellorigo see the kingdom as a communityof people subject to a king and so portray the ciudadano as a vassal rather thanas a citizen.∞π In both cases, early modern political literature fails to illuminatecitizenship (vecindad) as practiced in Castilian local communities.


In spite of these misleading indications, common rules regarding citizenshipdid exist in early modern Castile, and they were observed in local communitiesthroughout the kingdom in surprisingly similar ways. These rules can be re-constructed only by examining concrete cases in which citizenship was appliedto individuals. I located some 1,500 such cases, in which either individualsrequested recognition as citizens or their citizenship status was discussed inconjunction with their wish to enjoy benefits or their obligation to complywith certain duties. Because these cases include a discussion among individualswho share the same values and a common knowledge of citizenship that welack, the only way to understand their meaning is by conducting comparativeresearch. The cases I have studied, dating from the late seventeenth and eigh-teenth centuries, come from Seville, Madrid, and a series of communities inNorthern Spain that were subjected to the jurisdiction of the royal court(chancillería) of Valladolid.∞∫ Because of their origin in different local circum-stances and traditions, information missing in some cases is often made ex-plicit in others. Also, different aspects of the same problem emerge because ofthe difference in individual and collective conditions, needs, and expectations.

There are two ways to look at citizenship. First, there is a formal story to tellabout how people requested recognition as citizens from local councils. Thisstory identifies the procedures and conditions for obtaining a declaration ofcitizenship. It ties the practice of citizenship to local circumstances and ex-plains how this practice changed as immigration policies were modified overtime. This is, indeed, the story told by most historians. But the cases I reviewedalso suggest the existence of a second story, a story that emerges from beneaththe formalities and the often dry and repetitive legal discourse. It explainswhat citizenship practices and the changes in them meant, why certain pre-requisites for citizenship were adopted, and what happened when they wereabsent. Rather than focusing on legal requirements and formal procedures,this second story focuses on the theories that informed them, on the rela-tion between social and legal classifications, and on the community that wasconstructed as a result. Using records from late seventeenth- and eighteenth-century Seville I will make a case for this second story, one that interrogates themeaning of citizenship and describes the various ways individuals could ob-tain rights in local communities.

Citizenship in Seville

According to documents stored in Seville’s municipal archives, peoplewho wanted to become citizens of the city had to petition the local council. Inthe seventeenth century and until the 1710s, those born in the city presented


their baptismal record and an affidavit stating that they intended to remain inthe jurisdiction. Newcomers had to prove, also by affidavit, that they hadresided in the city for at least ten years as heads of households. During thisperiod, it was explicitly asserted that the affidavit was sufficient: candidatesdid not have to present any other form of proof, and witnesses were heard onlyin cases of doubt. A standing committee (caballeros diputados de vecindades)studied the petitions and advised the city council on how to proceed. In somecases, third parties—for example, the guild to which the candidate belongedor would join if admitted—also expressed their views regarding the candi-date’s acceptability to the community.∞Ω

After 1710, gradual changes were introduced in this regime.≤≠ Codified in1743, these changes required that all candidates present proof of their resi-dence in the city and their condition as heads of households. Possible proofsincluded the testimony of a parish priest or the submission of original receiptsfor rental fees. After these documents were collected, the candidates presentedwitnesses. These witnesses, usually friends and neighbors, would testify thatthe petitioner had expressed in words and acts his desire to remain in Sevillepermanently. Parallel procedures were instituted for newcomers married tolocal women. These newcomers had to present marriage certificates and orallyidentify their place of residence, and they had to promise to remain perma-nently in the community.≤∞ In these cases, and those of other newcomers, oncethe files 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 fianza de guardar vecindad.≤≤ Also accordingto the 1743 ruling, those born in Seville could continue to request citizenshipin the old way, by submitting only a petition and an affidavit. Native-bornpetitioners were not required to take an oath or to secure financially theircontinued residence in the community.≤≥

Further modifications in the citizenship acquisition procedures occurred inthe 1770s. During this period authorities in Seville expressed their concern re-garding the presence in the city of a great number of wealthy inhabitants, manyof them foreign merchants who, despite their prolonged residence, had neverrequested citizenship. Their lack of commitment to the community had impor-tant consequences. As noncitizens, they paid no local taxes. In a system wheretaxes were levied on the community as a whole but were distributed amongand paid only by those recognized as citizens, individuals classified as citizenshad to carry an unfair tax burden. Citizenship, the municipal authorities nowclaimed, 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.


Seville’s authorities then proceeded to identify those they considered citizens,and they required them to act as citizens by demanding that they pay taxes.

In less than a century, Seville’s attitude towards immigrants changed dra-matically. On one hand, immigrants who were once trusted on the basis of anaffidavit that included only their own declaration now had to supply addi-tional proofs of both their residence in the city as heads of households andtheir intention to remain in the jurisdiction permanently. On the other hand,by the 1770s the authorities also demanded that wealthy inhabitants committhemselves to the community by becoming citizens and paying taxes.

These changes could be explained by local circumstances. In the early six-teenth century, Seville was designated as the main port of communication andtrade between Spain and Spanish America.≤∑ Following this designation, itexperienced enormous growth sustained mainly by immigration. Althoughmany immigrants were transients on their way to the New World and neverestablished a permanent relationship with the local community, others re-mained in Seville, establishing residence and becoming citizens. In the nextcentury, prosperity declined. General trends of depopulation and economicreadjustments experienced elsewhere in Castile in the seventeenth centuryplayed a role in this, but local circumstance contributed as well: Seville suf-fered a series of epidemics and drought, and by mid-seventeenth century,maritime routes had shifted to Cádiz. This shift, which was gradual, wasformally acknowledged in the 1710s when the House of Trade (the maininstitution charged with controlling communication and trade with the Indies)and the local merchant guild were transferred from Seville to Cádiz. Sevillebitterly fought this decision until its final defeat in the 1740s. Chroniclesdating from this period describe a depopulated city suffering a severe eco-nomic crisis. Urban structures were inadequate, and insufficient housing ledrental prices to rise. According to contemporaries, with the city in decay, mostof its immigrants were extremely poor and rarely ‘‘useful’’ to the community.This perception—of the city being invaded by the poor and unworthy—wasespecially powerful between 1729 and 1733 when Philip V and his courttemporarily resided in Seville. The court attracted many new immigrants andalthough its presence generated employment, it also augmented public ex-penses and exasperated the desire for order. Perceptions of crisis and insuf-ficient social control intensified in the 1770s when the Spanish monopolysystem collapsed altogether, and free trade between Spain and its Americancolonies was gradually introduced. After the 1770s Seville, once a world city,was reduced to a provincial capital.

In spite of the gradual nature of these changes, and the frequent turns andtides, two clear crisis periods emerge: the first decades of the eighteenth century


and the 1770s. Because these were also the periods during which citizenshippractices were modified, it is possible to argue that a link existed betweensocioeconomic circumstances, immigration policies, and municipal regulationof citizenship. As long as Seville served as the main port of communication withSpanish America, the local authorities allowed immigrants to become citizenssimply by petitioning and by personally ensuring that they had resided in thecity for more than ten years. As Seville’s special privileges faded, and the fight topreserve them failed (1710s–1740s), the authorities adopted a more restrictedvision of citizenship. The easy integration of newcomers was no longer encour-aged, and the authorities created obstacles to citizenship by demanding thatcandidates present more proofs (such as witnesses and written receipts for rentpaid) and by requiring a longer administrative process. By the 1770s, with thecomplete breakdown of the monopoly system and as the city plunged intoeconomic crisis, the main objective of the authorities was to ease economicpressure by extending citizenship to all permanent, wealthy residents.

This analysis leaves many questions unanswered. For example, we don’tknow why until the early eighteenth century ten-year residence could trans-form inhabitants into citizens. Nor do we know why after 1743 candidates forcitizenship had to prove that they wished to remain in the community perma-nently or how the municipality could force some inhabitants into citizenshipin the 1770s against their will. This forcing of citizenship was justified bySeville’s authorities on the grounds that ‘‘Castilian law’’ clearly indicated whoshould be considered a citizen. Persons who met the prerequisites for citizen-ship could be considered citizens whether they requested this status or not. Yetthe Castilian law mentioned by Seville’s authorities is nowhere to be found. Itis not enumerated in Castilian legal codes, nor is it included in Castilian legaland political literature.

The search for this ‘‘missing’’ law becomes especially important once weestablish that on many occasions Seville’s authorities accepted as citizens peo-ple who did not comply with the normal requirements for citizenship. Forexample, in 1735 Seville’s council granted citizenship to Antonio Joseph deSaavedra, whose grandparents, once citizens of Seville, had left the city, andwho resided elsewhere.≤∏ Was this decision a simple proof of illegal and cor-rupt practices, a gap between law and its implementation? Antonio Josephtestified that his family originated from Seville and that its individual memberscontinued to act as citizens of Seville. The members of the city council gavecredit to his allegations. They noted that Antonio Joseph’s 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 thecity they did not renounce their citizenship. What were they talking about?


Castilian Citizenship: The Common Ground

Seville’s citizenship practices point to rules not included in municipal orroyal legislation and not mentioned in legal or political literature. At first,many of these rules appear to arise from ius commune theories about theextension and meaning of medieval citizenship in Italy.≤π In the fourteenthcentury, jurist Bartolus of Sassoferrato emphasized the voluntary nature ofhuman associations.≤∫ He adopted the Aristotelian view according to whichcommunities did not naturally exist but that their members who united to livetogether under the same law collectively created them. He concluded that thewish to live together under the same law, expressed in a contract or a pact, wasthe sole criterion for identifying people as citizens or noncitizens. Regardlessof their place of birth and origin, people willing to join this contract or pactcould be transformed into citizens. Their willingness to join the pact could beimplicitly established by the fact that they acted as citizens. Although acting asa citizen could have many different expressions, Bartolus specifically men-tioned that moving the greater part of one’s economic resources from onecommunity to the other, for example, could indicate that a person had made adecision to join the pact and become a citizen. In the next generation, Baldusof Perugia added to this theory by stating that native citizens had a naturalinclination, a habitus, in favor of their community of origin.≤Ω Yet newcomerscould also acquire this habitus once they lived in the city for a sufficient periodwith the intention of integrating into it. In such a case, these individuals wouldacquire a ‘‘second nature’’ that would link them to their new community.Thereafter, ius commune jurists portrayed citizenship as a process of civicconversion. It consisted of ‘‘an official recording of a change of heart’’ and,once it was completed, newcomers had to be granted equality with natives.≥≠

The reception of ius commune began in Castile in the thirteenth century.≥∞

From that moment and until the late eighteenth century, it was the only lawtaught alongside canon law in law faculties in Spain, where royal and munici-pal law were completely absent.≥≤ Jurists, as well as royal and local officialswho were often trained in law, used the ius commune in their daily activities,creatively combining it with local understanding, customs, and legal tradi-tions. Ius commune also influenced the codification of local laws, whichadopted many of its terms, ideas, and institutions. It encouraged the enact-ment of Castilian legal codes, such as the Siete Partidas and the various Re-copilaciones.≥≥ Within a legal structure fragmented by kingdoms and localcommunities, ius commune was virtually the only law common to all Cas-tilians and probably all Spaniards.≥∂


The mixing of ius commune with local understanding, practices, and needsproduced an unwritten yet frequently invoked Castilian common law. Thislaw, 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 toaccept ‘‘undeserving’’ applicants. Jurists were aware of the fact that this laworiginated in ius commune.≥∑ Yet for most people citing it, this law dependedon natural law, rather than on man-made legal arrangements. It was commonto all humanity, it had been practiced since antiquity, and it was based on theway God created this world (see chapter 8).

Castilian Citizenship: The First Premise

In reconstructing this Castilian common citizenship law from particularallegations and petitions argued in the late seventeenth and eighteenth century,it becomes clear that those wishing to become citizens and those fightingagainst it considered this law to include two basic premises. The first and mostimportant was the understanding that citizenship was a natural right, whichpeople could exercise freely: ‘‘According to the freedom that according tonatural law we have, each one of us can renounce the citizenship that he hasand live and become a citizen in another place according to his choosing.’’≥∏

The sole requirement for people who wanted to join a community was simplythat they express their desire to do so. During this period it was repeatedlyasserted, at times with great lamentation, that freedom of immigration pre-vented community members from refusing to admit newcomers who ex-pressed their wish to join them: ‘‘In order to accept us as citizens, no othercircumstances are needed except for an expression of will.’’≥π Petitioners usedthese arguments to force municipalities to accept them, and they insisted thatcommunities were not authorized ‘‘to refuse to grant citizenship, being thatthe passage from one citizenship to the other was a free act according to royallaws.’’≥∫ Furthermore, ‘‘the law allows everyone to become a citizen where hepleases’’ and ‘‘every person who wanted to change his citizenship from oneplace to another . . . could do so freely.’’≥Ω

WOMEN AND MINORS

The most important factor limiting the freedom to chose where to liveand become a citizen was that citizenship was available only to the head of ahousehold. Typically, heads of households were adult males. They were distin-guished from other adult males by their being responsible for an independent


political unit, the (extended) family. This usually implied that they resided inan independent residence—whether as proprietors or as renters,—and that,preferably, they were married and had children.∂≠ Women and minors (underage twenty-five) were not eligible for citizenship. In the case of women, it wasgenerally understood that, as members of a household, they obtained some ofthe benefits of citizenship by way of dependence. They first enjoyed the rightsattached to the citizenship status of their fathers and, upon marriage, theyattained some of the privileges attached to the citizenship status of their hus-bands. This state changed only when women became independent heads ofhouseholds. In these cases, women gained a full legal capacity and, amongother things, could express a legally binding intention, such as the intention toacquire 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-five) was much more complex.Unlike women, minors had no legal capacity at all and, as a result, their abilityto declare their intention to become citizens was legally impaired. Becausethey were under the protection of legal guardians, it was questionable whetherminors could express an independent intention to become citizens. Neverthe-less, the ability of minors to acquire citizenship was an extremely importantissue in cases where they owned cows, sheep, and the like and wished to usethe communal pasture. When the minors lived in the same community as theirguardians, and it was in this community that they owned property, the ques-tion of their ability to use communal pastures was seldom raised because theycould exercise the privileges of citizenship (use of pastures) as members of acitizen’s household. But when the guardian was not a citizen of the communitywhere the minor owned property, a decision was needed regarding the minor’sability to acquire an independent citizenship. Certain municipalities allowedminors to obtain (or retain) citizenship despite the foreignness of their guard-ians and even despite their physical absence from the jurisdiction, yet othercommunities refused to do so.∂≥

FOREIGNERS, NONVASSALS, AND NON-CHRISTIANS

Castilian citizenship law did not restrict foreigners to the kingdom, non-vassals of the king, or non-Christians from obtaining local citizenship. Duringthe medieval period, the possibility of granting citizenship to these people wasopenly admitted, and their presence, especially during the reconquest andresettlement stage, was even encouraged.∂∂ The openness of Castilian commu-nities with regard to Catholic foreigners and nonvassals continued during theearly modern period. There are multiple examples of individuals from both of


these categories being accepted as citizens, and on many occasions it wasopenly attested that questions of foreignness and the ‘‘right to be in Spain’’were irrelevant to the admission of people as citizens. It was on this groundthat Bartolomé French, native of Ireland, was accepted as a citizen of Seville in1743, and Diego Roberto Tolosa, native of France, became a citizen of Málagain 1748.∂∑ Indeed, foreigners to the kingdom ‘‘could become citizens in any ofthe villages of these your domains without the councils being able to impede itin any way, or speak against it, as it is expressly ordered in your royal orders onthe matter.’’∂∏

Although the admission of nonvassals and foreigners continued, in a longand complicated process, which I cannot cover here, stretching from the four-teenth to the seventeenth century, Castile gradually became a territory inwhich only orthodox Catholics could live. First came the expulsion of the Jewsin 1492, then the growing encroachment on the rights of Muslims to practicetheir faith, eventually leading to the expulsion of all descendants of Moors inthe beginning of the seventeenth century. Added was the growing persecutionof Christian ‘‘heretics,’’ Protestants included. Since non-Christians and non-Catholics could not live on Castilian soil, they clearly could not become cit-izens of Castilian communities (see chapter 6).

ESTATE AND GENEALOGY

Despite longstanding freedom of migration, which admitted all Catho-lics of all estates and conditions to citizenship as long as they were heads ofhousehold and as long as they expressed their desire to become citizens, estateand genealogy could become important in exceptional cases. These cases in-cluded citizenship in behetrías cerradas, that is, in a special type of commu-nities, which were granted the privilege of excluding people of certain estatesand social condition from citizenship.∂π Las Ormazas (jurisdiction of Burgos)was one such community. In 1745, it refused to admit Pedro Ruíz to citizen-ship because he was a noble (hidalgo), while the community was a behetríacerrada of simple folk (pecheros).∂∫ Pedro’s offer to pay taxes was insufficient.It was unclear if his children would feel bound to his offer and would agree topay taxes, and, at any rate, the exclusion of nobles from the community wasnot only linked to tax payment, from which they were exempted, but was alsomotivated by other concerns, such as their participation in the local militia.Fenar (jurisdiction of León) was another behetría cerrada. In 1773, its au-thorities argued that Santiago Morán, who had resided in the settlementfor more than eighteen years and was married to a native, could not usethe communal pasture nor participate in the council meetings because the


community excluded all people who were not ‘‘of the noble estate of hidalgo,with letters and orders to prove it.’’∂Ω Santiago could be acknowledged ascitizen 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-cía because of his family’s employment in ‘‘mechanical or vile occupation.’’∑≠

All other members of the community were ‘‘pure of blood,’’ and none of themwas ever employed in such low offices. Admitting a person who did not re-spond to these characteristics would endanger the collective well-being bydestroying the reputation of the community and introducing divisions amongits citizens. Thereafter, citizens would no longer be equal to one another andwould 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 liketheir own, such a practice would be disastrous.

Castilian Citizenship: The Second Premise

The first premise of Castilian local citizenship thus asserted that Cath-olic heads of households living in Castile, independent of their condition asnatives or vassals and in most cases independent of their estate and genealogy,could become citizens by expressing a desire to tie themselves permanently to aspecific local community. It further stated that once this desire was expressed,communities could not refuse to admit these people as citizens. A secondpremise followed, according to which all such heads of households had to beintegrated in one community or the other. This view was expressed by thecouncil of Getafe (jurisdiction of Madrid) when it argued against the petitionof three citizens to terminate their relationship with the community. Thispetition had to be denied, the authorities said, because the three had notobtained a new citizenship in another community. No one can be without a‘‘known citizenship’’ (vecindad conocida) because this lack of citizenshipmeant a complete personal liberty, which could not be permitted.∑∞ Heads ofhouseholds could change their residence and citizenship, yet no one was al-lowed to live on his own. People with neither fixed domicile nor local loyaltywere dangerous because they ‘‘neither served the republic, nor married, norpaid taxes.’’∑≤ Belonging to two communities at the same time was also consid-ered abnormal. Blás Alvarez could not be a citizen of Pardavé (jurisdiction ofLeón) in 1787 because he was already accepted as citizen of another village.∑≥

This solution was both legally and morally justified. No one could feel loyal totwo communities at the same time and ‘‘common decency’’ required that a


single person not enjoy citizenship rights in two communities, nor be requiredto comply with citizenship obligations twice. The notion that people could becitizens of only one community at the time also justified the 1798 exclusion ofManuel Rojo Martín y Néstor 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 citizenof Arensena.

Obtaining Citizenship

People seeking recognition as citizens had to petition the local counciland to supply the necessary proofs. Such was the case in Seville, but thispractice was also followed in many other contemporary communities in Cas-tile in which the council—or the entire citizen body in cases of small commu-nities—could grant or refuse to grant citizenship to newcomers.∑∑ But if com-munities were forced to accept people who requested status as citizens, whatwas the meaning of formal citizenship acquisition procedures?

In spite of the formal proceedings, it is clear that in Castile the role of localcouncils and communities in the classification of citizens was limited. Forexample, when the status of individuals was discussed as a by-product of theirwish to enjoy certain rights or their duty to obey certain obligations, it wasoften apparent that the citizenship status of individuals who had no previousofficial recognition could be acknowledged. On these occasions, formal ad-mission into the community was not at stake. In spite of the absence of aformal declaration, these individuals were considered citizens and thereforeworthy of treatment as citizens, their citizenship coming into being even be-fore the community and its organs intervened. The local judge told AgustínVázquez, who had resided with his family in Pozo Antiguo (jurisdiction ofZamora) for nine years that, in his condition as noncitizen, he could no longeruse the communal pasture.∑∏ In response, Agustín obtained from the provin-cial judge (corregidor) a ruling that he had always been a citizen although hehad never obtained formal recognition. The authorities of Villarramiel (juris-diction of Palencia) told Melchor Pardo in 1791 that he could not receive aland plot because his citizenship was unclear.∑π He appealed the decision to theroyal court (chancillería) and presented proofs that he was a ‘‘true and legiti-mate citizen.’’ These proofs included his residence in an open house, and hiswillingness to remain in the community and contribute to its finances. Mel-chor specifically stated that to be recognized as a citizen, there was no need fora formal reception. Indeed, the community and its authorities did not confercitizenship as much as recognize its existence. Although the authorities of


Villarramiel agreed that this might be the case in some communities, theyinsisted that in their community only those formally acknowledged as citizenscould enjoy the rights of citizenship. Melchor, the authorities explained, knewabout this custom. The fact that he had not requested to be formally admittedas citizen until the present demonstrated that he did not want to become acitizen. The appellate court (chancillería) disagreed and declared Melchor acitizen from the day he first 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 therole of citizens, thereby proving themselves worthy of citizenship. This auto-matic conversion of people from foreigners to citizens was the natural result ofa theory that determined that people became citizens by virtue of their inten-tion, and their intention alone. Although this intention had to be verified andembraced by the receiving community, in both theory and practice, the activityof the community and its organs was limited to this verification.

Many petitioners explicitly stated this fact. They insisted that local councilsdid not constitute them as citizens but only recognized that they were alreadycitizens. Indeed, citizenship acquisition procedures only declared what wasestablished beforehand. As Agustín Cordovilla Sánchez, who defended hisright to use the communal pasture, put it: ‘‘Even without the solemnity of anexpressed reception to the community, effectuated by the council, he should beconsidered strictly as a citizen, because of his continuous residence and thesettled house that he owned.’’∑∫

This understanding of citizenship did not stop many Castilian communitiesfrom maintaining formal procedures for citizenship acquisition. These com-munities, for example, Cordobilla (jurisdiction of Salamanca), Villarramiel(Palencia), Ojacastro (La Rioja), Jaén, and Archidona, stated that, unless theirauthorities issued formal declarations, no one should be allowed to enjoy therights of citizenship.∑Ω But even in these cases communal recognition was apolitical rather than a legal necessity. Formal reception allowed the commu-nity to identify its citizen body, and it served to limit the discussion about thecorrect classification of individuals.

The idea that citizenship was a status that was recognized, rather thancreated, by local authorities allows us to understand how these authoritieswere able to force people into citizenship. In the 1770s, the council of Sevilleargued that the people it targeted, indeed, forced to act as citizens by payingtaxes, 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


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 apublic perception that certain individuals behaved as citizens. Individuals whowere perceived as citizens of Seville had to clarify their wish to dissociate withthe community if they wanted to remain outsiders. Only such an open andexplicit clarification would counter the general rule according to which hewho acted as a citizen, or was reputed to be a citizen, was indeed a citizen. Thediscussion in Seville in the 1770s pointed directly to this question: ‘‘He wholives in a settled house in these kingdoms must be considered citizen . . . he hasagainst him the presumption and it must be his duty to establish, by some factsor cases, that he had been here with no intention to remain.’’ Silence wouldimply consent.∏≠

Loss of Status

The duality between a formal regime of citizenship by declaration andan implied reception into the community by enacting the role of citizen wasparalleled by the ability to lose—formally or implicitly—the status of citizen.In some communities, such as Madrid, formal procedures existed allowingcitizens to terminate their relationship with the community by petitioningtheir desavecindamiento (literally, the undoing of citizenship).∏∞ Unless suchpetitions were made, people continued to be citizens, independent of theiractivities and wishes. Yet, in most communities, people could lose their statusas citizens if they transferred their residence to another jurisdiction where theyacted as citizens, or if they failed to comply with citizenship duties. No petitionor formal declaration was required in these case, and people who consideredthemselves citizens could thus find out one day that they were no longercitizens. The authorities of San Miguel de la Ribera (jurisdiction of Zamora)did not allow Baltazar Delgado to use the communal pasture in 1769 becausehis citizenship had expired once he refused to comply with citizens’ obliga-tions, the last straw being his unwillingness to serve as a local judge (alcaldeordinario) the previous year.∏≤ From the moment Baltazar failed to act as acitizen, the authorities said, he demonstrated that he no longer felt a memberof the community and thus he was no longer a citizen. Manuel Rojo Martín yNéstor was told in 1789 that the authorities of Arensena de Abajo (jurisdic-tion of La Rioja) no longer considered him a citizen.∏≥ To publicly demonstratethat he was still a citizen, Manuel attended the council meeting, in which onlycitizens were allowed to participate. Alas, the other members refused to admit


him. In his distress, he petitioned the royal court (chancillería) to issue aformal declaration of his citizenship. To his displeasure, the court sided withArensena, ruling that although he had been a citizen once, twenty-one yearsearlier he had moved to Villarejo, where he now resided with his wife andfamily. Under these circumstances and because he had not paid taxes or otherpublic expenses for many years or participated regularly in the council meet-ings his citizenship in Arensena had automatically expired.

Verifying Intentions

Intention to become a citizen was thus sufficient to constitute citizen-ship, and its absence was a cause to terminate the relationship between anindividual and a community. But who verified the existence of this intentionand when did verification take place? As mentioned earlier, the local authori-ties verified citizenship when they exercised their power to declare formallythat certain individuals were citizens. Verification, however, could also beimplicit in the activities of these authorities. Their willingness to accept taxespaid by certain individuals was considered an implicit recognition of citizen-ship.∏∂ Those allowed to act as citizens—for example, those who were em-ployed in local offices or used the communal pasture—were also tacitly ad-mitted as citizens.∏∑ In some cases, the identification between the exercise ofrights and the subsequent acquisition of citizenship was such that people con-fused one with the other. In 1776, Vicente de Saura asked the authorities ofValladolid 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 torequest formal admission to the community.∏∏

Status verification was not limited to the local authorities. Other membersof the community could also exercise it by implicitly recognizing people ascitizens when they tolerated their behavior as citizens. Once allowed to actas citizens, people were reputed as citizens and were instituted as citizens.∏π

These processes involved in acting as a citizen were social rather than legal orpolitical. They silently operated in day-to-day interactions. People could leadtheir goats to the communal pasture, participate in local assemblies, and paytaxes without asking for recognition as citizens or having to prove that theywere citizens. Their acceptance into the community and their transformationinto citizens were implicit. In the absence of conflict or fear of conflict, therewas no reason for things to happen differently.

Formal decisions were required only in exceptional cases when conflictsoccurred. Conflicts could be generated by the municipal wish to control immi-gration. The authorities of Uruñuela (jurisdiction of La Rioja) refused to recog-


nize Jorge García as a citizen in 1748 because the community was ‘‘so small andlimited, that it was insufficient even to contain the existing citizens, their cattleand fields.’’∏∫ In 1770, Arisgotas (jurisdiction of Toledo) explained that Pedrode los Infantes could not become a citizen because communal resources couldnot support an additional member.∏Ω Occasionally, councils paired restrictedlocal resources with the conviction that a specific newcomer would contributenothing to the community. This was the case in 1782 when Valverde de la Sierra(jurisdiction of León) refused to recognize Joseph Corvillos as a citizen. Josephwas a poor man who had no interest in remaining in the jurisdiction where heowned nothing. His presence in the community was ‘‘burdensome to the com-mon in this sterile land, that suffered annually from heavy snows because of itsnarrowness and its high elevation, and in which during the four months of thewinter we often cannot leave our own houses.’’π≠ The matching of local circum-stances with the specific characteristics of certain candidates also happened incontrary 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 Agustín Vázquez from hiscommunity of residence in 1784, judging that he was too wealthy and woulduse too much pastureland.π∞ Jorge García was rejected for the same reason in1748: he was much too affluent and had too many properties and animals.π≤

Conflicts concerning the citizenship of individuals could also be motivatedby other considerations. In 1684, the authorities of Villamayor de Campos(jurisdiction of Zamora) refused to admit Pedro de Luaces Seijas to citizenshipon the grounds that his character was questionable and that he did not get alongwith his neighbors.π≥ His occupation as a barber did not help his petition; thecommunity had already contracted the services of another barber, and it wastoo small to employ both. In 1753, Estepar (jurisdiction of Burgos) refused toadmit José Quintanillas to citizenship, explaining that he was a litigious personwho acted proudly and pretended to dominate his fellow men.π∂ The localcouncil narrated how, during the time he resided in the community, he mal-treated and often insulted the other members whom he considered ‘‘simplefolk.’’ Similar allegations were also made in 1784 against Agustín Vázquez andhis wife, who were accused of having bad tempers and a family that was far toolarge to support within the confines of a small settlement.π∑

Some cases give us a clear indication of the importance of personal ani-mosities in the generation of conflicts 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 currentemployee. According to Jerónimo Francos, Aguilar de Campos (jurisdiction ofValladolid) imposed new conditions on his citizenship in 1735 because of the


animosity of the local judge. In 1782, Agustín Sánchez pointed to Nicolás Sán-chez as the person responsible for his exclusion from the community of Cor-dobilla (jurisdiction of Salamanca). Nicolás, who hated Sánchez and his fam-ily, made sure that the local authorities would not permit him to use thecommunal pasture. He did so by arguing that Sánchez was not a citizen despitethe fact that his citizenship had previously been an accepted fact.π∏

There are many other examples of the way personal animosities led toquestioning the status of individuals whose citizenship was already acknowl-edged. Whether the animosity was new, or whether rotation in local officeholding suddenly allowed old-time competitors (or friends) to have a say inlocal affairs, it was clear that a person’s citizenship could be contested atcertain periods, consensual in others.ππ Froyan Rodríguez, who lived in Fuentedel Fresno (jurisdiction of Madrid) for more than twenty years, was told oneday that he no longer belonged to the community. Like other people involvedin these kinds of confrontations, he argued that this request was new andunexpected. He had been recognized as a member before and was unsure whathad happened.π∫

The questioning of status was considered a social, as well as a legal, affair. In1760, Zacarías de la Torre was ordered to leave the room where the annualcommunal office-holding election was held.πΩ 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 file a complaint against Alonso Crespo, thecouncilman who initiated his expulsion from the meeting. Honor and reputa-tion were also central to Manuel Rojo Martín y Néstor, who in 1798 wasexpelled from the meeting of the council of Arensena de Abajo (jurisdiction ofLa Rioja).∫≠ The scene was so powerful, and so public, he later said, that afterit took place his wife refused to set foot in the village.

The exchange between Germán Salcedo—marquis of Fuertehijar, caballeroof the military order of Carlos III, and a judge of the appellate court (chan-cillería) of Valladolid—and the community of Buitrago de Lozoya (juris-diction of Madrid) was extremely revealing of such tensions.∫∞ Germán wasgranted citizenship in the community in 1788 under the condition that hereside in the settlement and pay taxes. The following year, the council refusedto continue to recognize him as a citizen. According to Germán, he was re-jected because several local cattle-raisers viewed him as a competitor andwanted him expelled from the community. Admitting that Germán was using‘‘too much’’ pastureland for their liking, the authorities of Buitrago explainedtheir refusal differently: by virtue of his noble estate Germán was exempt fromtax payment, and because of his services to the crown, he resided first in


Valladolid and then in Madrid. His initial promises to pay taxes and reside inthe community remained unfulfilled, although in both cases his refusal tocomply could be legally justified. Yet the most powerful allegation againstGermán was that his original acceptance as a citizen was made under duress.He arrived in the jurisdiction one morning on an unannounced visit. He cameto the council meeting and, aided by the local judge (alcalde mayor) who washis ally, influenced the members into recognizing his citizenship. There was noroom for discussion or time to organize opposition. The whole question sur-prised the community, and the process itself was heavily influenced by the‘‘quality’’ of the petitioner, his ‘‘circumstances,’’ and the ‘‘respect’’ the localcouncil owed him as a nobleman, a jurist, and a member of the court. From theperspective of the local council, the whole affair was ‘‘violent.’’ The physicalpresence of the petitioner literally left the members with no choice but toaccede. The appellate court, where Germán served as a judge, agreed withhim. It accepted Germán’s position that he had always been a citizen of thecommunity and that he had meant to be one. It also implicitly adhered to hisunderstanding that the refusal to recognize him as a citizen was not genuinebut only represented the economic interests of a few powerful citizens.

The Importance of Citizenship

Although in many communities citizenship was an important issue,which could lead on occasions to severe and even violent confrontations,citizenship was not meaningful enough in all cases and under all circumstancesto justify an effort to obtain it. Madrid represents an extreme example of thisreality. The fastest growing town in early modern Spain, it doubled in sizebetween 1563 and the end of the sixteenth century, and tripled by 1630.∫≤ Ithad 120,000 inhabitants in 1700, 150,000 in 1760, and 200,000 in 1800.This enormous growth was sustained mainly by immigration. In its functionas a court and seat of the Spanish central administration, Madrid attractedlarge numbers of nobles, bureaucrats, candidates for jobs, and a great varietyof service providers. It is estimated that in the sixteenth to the eighteenthcentury, about a half to two-thirds of its inhabitants had been born outside thecity, these numbers being especially high between 1560 and 1625, and be-tween 1750 and 1800.∫≥ Contemporaries referred to this reality by pointingout that ‘‘only Madrid was court’’ (solo Madrid es corte), that it was a ‘‘city offoreigners,’’ and that it was the ‘‘common patria’’ of all Spaniards.∫∂

The functioning of Madrid as a capital city obscured the existence of a localcommunity, with local needs and local jurisdiction. People coming to the citywere too obsessed with the court, too dependent on the king, too powerful, or


simply too disrespectful of the local community. This had a direct effect on theformation of the local citizenry. Many longtime residents never requestedformal citizenship, nor claimed to have obtained it by way of performance.Luis Manuel de Quiñones arrived in Madrid as a child in 1662.∫∑ Havingstudied there and then married a native-born wife, he was employed first as asolicitor (procurador) in the royal councils and then as a public notary. Aftersome fifty years of residence in the court, he requested the town council todeclare that he had been a citizen of Madrid for at least thirty years. Thereason for his request was openly confessed: he now wished to obtain a seat inthe parliament (cortes), a seat available only to people with at least six years offormal citizenship in the community. According to the municipal authorities,his lack of interest in being recognized as a citizen earlier on represented a lackof commitment to the town, which was an attitude shared by many peopleresiding in Madrid. This attitude was also denounced in the 1720s and againin the 1790s, when the members of the local council complained that the habitof requesting citizenship was fading away. Frequently practiced in the ‘‘olddays,’’ it was no longer commonly exercised. The authorities reasoned thatmost newcomers did not request admission into Madrid’s community eitherbecause 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 byvirtue of their decision and without the need for a formal declaration. But howwas this decision communicated to the local community? How could commu-nities, their councils, and citizens know that a decision to become a citizen hadbeen made?

As mentioned earlier, according to the ius commune, newcomers couldmake their intentions known through their behavior. People demonstrated bytheir actions their wish to become citizens. This implied that communitieswere forced to interpret the meaning of certain activities in order to determinea person’s state of mind. Ius commune jurists argued that a ten-year residenceor marriage to a local woman could serve as adequate proofs of the new-comers’ intentions, and these views were adopted in Castilian communities asdemonstrated by the case of Seville.∫π Following the conviction that citizen-ship depended on intentions rather than external acts, however, Castilianindividuals, corporations, communities, and authorities constantly battledwith how to identify the behavior that would lead to citizenship in a particularcase given the circumstances of each candidate and community.


Take for example the most common claim—that intention could be provedby a prolonged residence. Individuals who lived in a community for a longperiod could be thought of as people who tied their future to that communityand, by implication, as people that wanted to become citizens. This was theopinion of ius commune jurists, who argued that a ten-year residence was thebest proof for the newcomer’s intentions, and this rule was frequently adoptedin 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 necessarycondition and the raison d’être of granting privilege to people, was now pre-sented as a legal presumption. During the early modern period, it could beused to discover the newcomer’s intentions, but its use was neither necessarynor sufficient to prove those intentions. People who did not reside in thecommunity but who could prove their attachment to it in other ways could beconsidered citizens. For example, Tomás del Corrral successfully argued thathe was a citizen of Soto (jurisdiction of Cantabria) despite not residing in thecommunity because he had ‘‘a house, with family and servants capable ofcomplying with all municipal demands and tax payment. . . . No one can beforced to live and reside personally in a place, because this would be againstnatural liberty, and is prohibited by law.’’∫∫ In question was not behavior, butits meaning: ‘‘As intention is an internal act, only known by God . . . it can onlybe manifested or discovered by observing external acts, which in this casedemonstrate that my client had a continuous wish to remain in the village.’’∫Ω

The interpretation communities gave to residence usually depended on localcircumstances 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 classification ofpetitioners as members of certain groups. People born in the community wereentitled to the presumption that they wanted to be citizens. It was generallyagreed that natives implicitly expressed their desire to be citizens by virtue oftheir continued residence in the jurisdiction. In most cases, this was sufficientto demonstrate that they were citizens; the native born were not generallyrequired to perform any formal act, or to reside in the community for a specificlength of time. Indeed, only exceptional communities forced native-born per-sons to request admission to the community by proving their intentions.Ω≠

Royal servants enjoyed a similar presumption. By definition and unlessotherwise proved, their absence from the community did not indicate theirdesire 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 officials could claim this


exception and whether it could cover tax farmers or professionals working aslawyers in royal courts. Again, the willingness to apply a strict or flexibleinterpretation depended on the place, time, and candidates. On occasion, adistinction was made between those who served the king for their ‘‘own conve-nience and utility’’ and those who were motivated by the ‘‘obligation towardshis royal person.’’Ω∞ According to this distinction, only the members of thesecond group were truly forced to abandon their communities, and only theycould enjoy the presumption that allowed them to continue to be citizens ofcommunities where they no longer lived. But this distinction was sufficientlybroad to allow for different interpretations. In practice, most Spanish mag-nates residing in the court were able to enjoy the protection of this exceptionand maintain citizenship in their original communities where they owned afamily estate. This enabled them to enjoy the rights of citizens, particularly thehighly valued usage of communal pasture. Some communities, such as Seville,gladly embraced the residence exception in these cases, as members of itscouncil considered the citizenship of magnates a privilege and a cause for localpride.Ω≤ Others, for example Buitrago, whose case was mentioned above, re-sisted such practices and demanded that jurists who were members of thecourt must reside in the municipality or lose their citizenship.

The application of a particular understanding to people belonging to certaingroups was also evident in the case of surgeons, pharmacists, shepherds, andclerics who resided in the community because they were hired to performcertain tasks. Because their residence was an involuntary byproduct of theiremployment, communities argued that in their case residence alone was insuf-ficient to prove their intentions.Ω≥ This residence was linked to ‘‘temporarymotives which were changeable and accidental . . . under no concept can thesemotives be considered legitimate so that through them it could be understoodthat they acquired right to citizenship . . . because being that the main pre-requisite [for citizenship] is the wish to remain, it is notorious that the merecausality excludes it, and on the contrary, one assumes it does not exist, norcontinues to exist in someone who had had no other destiny that service whichindifferently is searched for and obtained where it is found and with the sameease and indifference it is abandoned.’’Ω∂ Added to these considerations wasthe fact that many such employments granted tax exemptions to their prac-titioners. Since tax payment was a conventional means of enacting citizen-ship, it was unclear whether under these circumstances receiving a tax exemp-tion proved that the person did not want to establish permanent ties withthe community.

In spite of the individual features of these debates and their dependence onthe place, time, and parties, several common traits emerge. For example, most


communities insisted that maintaining property in the community or even ahouse with servants or other representatives was insufficient because it did notindicate the wishes of the owner or his personal loyalty to the community.Ω∑

Another common theme was the length of residence. In most cases, commu-nities argued that meaningful residence had to be ‘‘continuous,’’ ‘‘with nosubstantial absence,’’ and ‘‘during the larger part of the year.’’Ω∏ Temporaryleaves, such as visits to relatives and to properties located outside the commu-nity, were allowed. Citizens could also be temporarily employed in anothercommunity if warranted by economic and personal circumstances. Passingneeds, such as the wish to acquire a university degree or engaging in litigationaway from the community, could also justify an absence as long as return wasguaranteed upon completion of the task.Ωπ

Similar conclusions linking external behavior to internal intentions werereached with regard to possession of property, exchanging marriage vowswith a local woman, and payment of taxes. All of these factors, which wereoften enumerated in local laws and which were traditionally interpreted byhistorians as requirements for citizenship, were not prerequisites. Instead, theywere instruments that allowed communities to inquire into the intentions ofnewcomers. House owning and tax payment, petitioners said, ‘‘manifested theintention of wanting to come, reside, and settle a domicile, habitation, andresidence in the place,’’ and this intention was sufficient to acquire citizenshipeven in the absence of other indicators.Ω∫ Indeed, searching for factors such asresidence, marriage, property holding, and tax payment, local councils af-firmed that these factors were not decisive for citizenship acquisition. Theyoperated only as indicators of the intention to remain in the community and ofthe decision to become a citizen.

Thus, local communities had to look beyond facts and interpret them. Al-though many communities never experienced the kind of conflict that requiredclose examination, others used their interpretive powers to accept and rejectpeople. It was in these cases of conflict, or potential conflict, that communitiesdebated the type of residence, the length of marriage, or the amount of prop-erty that would be sufficient to prove intentions. Sufficiency depended on thecandidate, the circumstances of the case, the community, and the time andplace. Because of these considerations, individuals lacking the prerequisitesmentioned in laws were accepted as citizens because they were considered tohave given sufficient proof of their intention. And in some cases, other individ-uals who did comply with the prerequisites were considered nevertheless un-deserving of citizenship.

The cases of Melchor Pardo and Rufino Vivanco tied many of these questionstogether. Melchor Pardo arrived to Villarramiel de Campos (jurisdiction of


Palencia) in 1761 when he was hired to serve as the local pharmacist (boti-cario).ΩΩ Excluded from land partition by virtue of his foreignness, in 1791 herequested formal recognition that he was a citizen. According to his version, hewas a citizen because he had acted as a citizen. He had resided in the communitywith his family for more than thirty years and had the intention to remainpermanently, which is why he joined several local confraternities. The lawsrequired neither formal declaration nor special reception, and his behavior wassufficient to transform him into a citizen. The authorities of Villarramiel dis-agreed. They argued that he resided in the community as a professional byvirtue of a contract and that, since his immigration was not voluntary, it couldnot 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 itallowed him to enjoy a tax exemption. Since the day he arrived, Melchor haddone nothing to change this situation, and there was no reason to consider himdifferently. Local customs instructed that newcomers request their formal ad-mission as citizens. Melchor was familiar with this custom, and if he did notrequest his citizenship earlier, it was because he did not want to be considered acitizen. The royal court (chancillería), which first ruled in favor of the Villar-ramiel, later changed its verdict and declared Melchor a citizen.

An exact opposite stand was adopted by Santibañez de Zarsaguda (jurisdic-tion of Burgos) in 1790. Rufino Vivanco, a noble (hidalgo) and a pharmacist,established his residence and commercial headquarters in this settlement in1787.∞≠≠ Three years later, he was notified that he could either become a tax-paying citizen or leave the jurisdiction. Rufino responded by arguing that hewished to remain in Santibañez and to continue to enjoy the status of bothhidalgo and noncitizen. As a ‘‘public servant’’ (servidor del público), his resi-dence in the community could never constitute citizenship; as a nobleman, hehad no obligation to pay taxes. His position rejected, he was literally thrownout of the village together with his family and merchandise. While Rufinoclaimed 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 Santibañez argued that such was not the case. Explaining thattheir community, a behetría cerrada, possessed special privileges that pro-hibited noblemen from becoming citizens, and that permanent residence neces-sarily implied citizenship, it required Rufino to either renounce his rights as anoble and became a citizen or to leave the community. Using arguments similarto the ones voiced by Seville’s council in the 1770s, the local authorities insistedthat citizenship was not only a privilege but also a duty that could be imposedon people who lived in the community. They further argued that local practicesprescribed that all people of competent age and situation should become cit-


izens; there was no reason to create an exception in Rufino’s case. In fact, exceptfor Rufino, all other residents—both natives and newcomers—obeyed thisrule, and all of them were accepted as citizens. The practice of becomingcitizens was so well rooted in the community that the authorities expectedRufino to conform to it, and they attempted to persuade him extrajudicially. Itwas only after their peaceful attempts failed that they removed him physicallyfrom the community. The authorities also explained that although they toler-ated Rufino’s presence in the jurisdiction for more than three years, they wereno longer willing to do so. At stake were not only compliance with local lawsand customs, but also the need to adhere to justice: people who enjoyed citizen-ship’s benefits 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 adistance 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 bereplaced by other factors that indicated the existence of the intention to be acitizen. In Antonio Joseph’s case, intention could be deduced from the closerelationship between the candidate’s family and the community, as well asthrough the payment of taxes.

Yet the use of presumptions also sheds light on the changes introduced inSeville’s citizenship policies. These changes did not modify the conditions forcitizenship. 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 affidavit, attesting that theyhad resided in Seville for more than ten years and intended to remain in the citypermanently. After 1743, petitioners had to supply the council with the testi-mony of the local priest, affirming their residence in Seville, and with rentalreceipts. Petitioners were also required to present witnesses who could testifythat in speech and action they behaved like citizens.

Conclusions

The first legal definition of local citizenship in Spain dates from the early1800s. Included in legal dictionaries, which were elaborated in order to facili-tate the work of jurists and administrators, this definition specifies 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 thepassing of ten years, although it can also be proved by other facts that manifestit without the need for the passage of ten years, for example, if one sells his


possessions in one place and buys others in the place to where he transfers hisresidence, or if one is received as a vecino by the local community, promisingto remain there ten years and paying taxes.’’∞≠∞

The product of an early nineteenth-century obsession with legal categories,this definition nevertheless summarizes with precision eighteenth-centuryviews of Castilian citizenship. First, it stresses that citizenship is based onindividual intention rather than on formal declarations. People are citizens byvirtue of their activities, and they lose their condition as citizens if they fail toenact the citizen role. Status is thus socially negotiated and socially recognized.Second, this definition specifies 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 reflections of an internal decision to become a citizen.

This combination of factors created in Castile citizens by performance, thatis, people whose citizenship depended on their behavior and reputation andnot on formal declarations. Yet, the obligation to demonstrate an internaldecision by performing certain external acts guaranteed that only people whowere able to convince the community of their goodwill ‘‘good’’ immigrantswould be recognized as citizens. This ability, in turn, depended on the con-cerned parties, but also on local circumstances and perceptions. Differentrequirements were elaborated, demanding people in different periods to pro-vide a diverse range of proofs. On occasion, citizenship was portrayed as aprivilege. At other times it was presented as an obligation. The story of localcitizenship in Castile thus reveals the existence of common perceptions, oftenleading to individual local arrangements. Rather than a fragmentary andhighly localized regime, as portrayed in the legislation and as assumed by mosthistorians, citizenship was based on doctrine and practices common to allCastilians. Examining citizenship petitions in a single community and tyingthem 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 itdoes not explain how and why did people become worthy of rights in the localsphere.

43

3

Vecindad: From Castile to Spanish America

Soon after their arrival in the New World, and even before the territorywas under their actual control, Spanish conquistadors proclaimed royal juris-diction over the land and founded new settlements.∞ Standing in open territoryand 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 territorialjurisdiction of the community, nominating the local authorities and dividingthe land by plots, assigning sites for the main square (plaza mayor), localcouncil 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, newcommunities came into being—with territory, authorities, urban plan, andcitizens—before the first cornerstone was ever laid. Similar procedures werecarried out where Indian enclaves were already in existence. In all of them—for example, Mexico City, Quito, and Cuzco—the community was reinventedas a Spanish enclave, as though the previous settlement had ceased to exist. By1571, there were some two hundred Spanish settlements in the Americancontinents and adjacent islands, and by 1580 the colonial settlement network,which survived to the nineteenth century, was firmly in place.

At first, the Spanish American urban experience appeared to be a repetition

44 Vecindad: Spanish America

of the Castilian experience during the Middle Ages.≤ Settlement was perceivedas a process by which communities, rather than individual houses, werefounded, and this process of founding could ignore such facts as the presencesof 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 confirmed Spanish control over not only territory but also its non-Spanishinhabitants. As was the case for participants of the reconquest and resettle-ment of Spain, citizenship (vecindad) could be obtained by the mere fact ofbeing part of the group that founded the community. All that was required ofthe conquistador—now made citizen—was to be present at the foundationalact or to come to the community in subsequent days.≥ Once this first phase wascompleted, most Spanish American communities developed procedures thatenabled newcomers to petition for citizenship. Newcomers had either to allegetheir wish to establish permanent ties with the community or to supply proofsfor the existence of such a wish.∂ During this period, most requests were tied tothe desire to obtain land grants, which were available only to citizens. Anothermotivation for requesting citizenship was the wish to be employed in munici-pal offices.

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, inlegal declarations, and in their social interactions, the archives tell us nothingabout how they achieved or maintained this status. As a result, like theircolleagues studying early modern Spain, historians of Spanish America simplyignored 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 wasa status that implied both privileges and duties, and people who acted as andwere reputed to be citizens could obtain citizenship. Yet in contrast withCastile, in Spanish America citizenship was converted fully from a legal cate-gory into a classification based on social reputation. Instead of maintainingboth formal and implicit citizenship, as was the case in the Old World, in theNew World implicit citizenship prevailed. New forms of exclusion that wereparticular to Spanish America also emerged. Most important among them wasthe 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

citizenship of non-Spanish Europeans. This combination of factors tended toidentify Spanishness with citizenship. Under Spanish American conditions,citizenship became a regime more restricted than the Castilian one in someways; more open in others. By excluding non-Spaniards, this regime broughtabout greater opportunity for Spaniards, who could gain recognition as cit-izens in the New World with greater ease than in Castile.

While citizens were being created in the república de españoles, a repúblicade indios was also conjured up in Spanish America. Theoretically, it allowedthe governance of Indian settlements to continue according to indigenoustraditions as long as they were not contradictory to Christian morality. But theIndian republic, too, was penetrated by Castilian ideas regarding citizenshipand foreignness. Although this influence was limited, it contributed to a grow-ing tendency to classify those living in Indian communities according to resi-dence and the performance of the citizen’s role rather than by descent. Thistendency pointed to the eventual homogenization of both republics and theappearance of ‘‘citizen’’ as a category of person who could choose his place ofresidence and become, through action and reputation, a member of a newcommunity.

The first indication that Spanish American communities would take a dif-ferent path was present in the foundational period (mid-sixteenth to earlyseventeenth century), which is where my study begins. In order to account forlocal differences, my analysis will follow the developments in three very distinctenclaves: Caracas, Buenos Aires, and Lima. I located some six hundred casesproceeding from these enclaves.∏ They demonstrate the existence of differenttypes of tensions leading to different developments, yet as a group these casesindicate some of the possible consequences of the implementation of Castilian-type citizenship in Spanish America.

Caracas

The transformation of citizenship from first a legal category into a classi-fication based on social reputation and then as a status not available to non-Spaniards, is best exemplified by the case of Caracas, which serves here asthe first model for how Castilian citizenship was modified in the Americas.Caracas was founded in 1567 as a military garrison.π Until the 1580s, itspermanent population was very small, and in 1578, only 14 of the 136 peoplewho participated in its founding still lived in the community. Protected by amountain range yet close to the sea, Caracas soon became a trading post foragricultural products coming from the hinterland. From the 1580s to the firstdecade of the seventeenth century, and coinciding with the pacification of the


territory, wheat, tobacco, and cattle hides provided its inhabitants with profit-able export. In the following decades, the local economy gradually shifted tothe exportation of cacao to Mexico. This export trade, which sustained thegrowth of the city for two hundred years, transformed Caracas into a majorslave labor economy. At the end of the sixteenth century there were some 90citizens; by 1633 this number had virtually doubled in size.

Formal petitions for citizenship in Caracas were fairly frequent until the1620s. 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 beliefin freedom of immigration and included a declaration by the newcomer of hisintention to reside in the jurisdiction and to establish his home there.∫ It wasoften clear in municipal records that many petitioners had just arrived in thecity and that their citizenship requests were a first step towards integration inthe local community. Their promise to tie themselves to Caracas was deemedsufficient to secure their recognition as citizens and to enable them to enjoycitizens’ rights. During this period, most people requesting admission into thecommunity petitioned to receive land (solar), and in most cases, the authori-ties, recognizing them as citizens, granted them land, thus enabling them toestablish themselves in the city both legally and materially.Ω Also during thisperiod, people who left Caracas continued to be considered citizens as long asthey delegated the exercise of their obligations to another person. Caracas wasalso willing to admit absentee members: in 1597, Nofre Carrasques, repre-senting Fernán de Zárate, requested that his client be recognized as a citizen.∞≠

His petition was granted even though there were many indications of Fernán’sabsence and his representative made no promise that Fernán would ever cometo the city. Attempts to force compliance with citizenship obligations, espe-cially the obligation to reside in the jurisdiction, were also sidetracked, asaffluent members continued to disobey municipal orders and responded in-stead with the casual payment of penalties.∞∞ This became a frequent practicebeginning in the 1610s; by the 1650s, the council exempted certain peoplefrom citizenship duties—residence included—because they were willing toroutinely pay the authorities certain sums.∞≤

At this early stage of its history, it was clear that Caracas gave less weight toactual residence and integration into the community than did its Castiliancounterparts. Also noteworthy was the lack of a clear definition of what wasmunicipal, what was provincial, and what was Spanish. People residing in theprovince could claim that they were integrated into the local community, andservices to the crown were also considered to constitute ties between the indi-vidual and the city.∞≥ Perhaps because the jurisdiction of Caracas stretched fordozens of miles with no other Spanish settlement nearby, and because the city


represented all that was Spanish, as opposed to what was Indian or simplyforeign, the distinction between what was local, provincial, and Spanish wasweak from the start.∞∂

The demise of formal citizenship procedures in Caracas began at the end ofthe sixteenth century. By that time, people requesting the allocation of dif-ferent resources described their attachment to the community in qualitativeterms rather than by simply asserting that they were citizens. For example,Tomás de Aponte, who requested a land grant in 1597, explained that he hadcome to the city with his wife, sons, and family, and that he intended to liveand to remain in the jurisdiction.∞∑ Francisco Carbajar declared that he hadbeen living in Caracas for more than seventeen years, that he had occupied ahouse with his wife and children, and that he had always complied with allcitizenship obligations.∞∏ Although some people continued to request formaladmission 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 landgrants was also fading away. During the second half of the century, peoplepetitioning for land no longer mentioned their citizenship, and those petition-ing for citizenship no longer necessarily requested land.∞π At this time, landgrants had ended, and a new regime allocated land by virtue of monetarypayments. As access to land was increasingly independent of citizenship, therecording of citizenship petitions virtually ceased.

By the middle of the seventeenth century, formal citizenship criteria werethus giving way to implicit categorizations. Although individuals continued toargue that they were citizens and thus worthy of rights, they no longer neededto obtain a formal declaration of citizenship. Citizenship was now implicitlyrecognized when rights were allocated. Instead of maintaining a regime inwhich citizenship was formally acknowledged by the local authorities, theability 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 ofa citizen. In 1650, for example, Francisco López stated that ‘‘it was wellreputed and established’’ (es notorio y consta) that he had been a citizen ofCaracas for more than thirty years. In 1652, Juan Rodríguez argued that hiscitizenship could not be doubted, since both in the city and its province ‘‘hemust be taken as such’’ (debe ser habido por tal ) because of his many servicesto 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


citizen and this behavior was interpreted and validated by the other members ofthe community or by communal organs. Yet while Castilian communitiesfought against these practices and, in the name of good government attemptedto constitute a monopoly over the classification of people as citizens and non-citizens, the authorities of Caracas did nothing of the sort. I could not find evenone attempt to support the continuation of formal procedures for citizenshipand to ensure municipal control over the classification of people as citizens.

The disappearance of formal citizenship in Caracas in the 1620s and 1630scould be explained by local developments, such as the gradual disassociationbetween land grants and citizenship and the passage from free allocation ofland to a monetary payment. Perhaps this disappearance was tied to Caracas’scoming of age. In the early 1600s Caracas was already a self-sustaining city,with a stable population, a fairly flourishing economy, and stable institutions.Under these circumstances, it no longer required an aggressive immigrationpolicy, 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 oneallowed for the introduction of new factors of exclusion, most importantamong them the ineligibility of Indians and people of mixed blood (mestizosand mulattos) to obtain citizenship. Castilian citizenship practices found thatorigin and genealogy were irrelevant to citizenship acquisition, and theylacked mechanism for examining the candidate’s ethnicity. In theory, there-fore, Indians, mestizos, and mulattos should have been eligible for citizenshipin Spanish American communities despite the aspiration to constitute twoseparate republics, one ‘‘Spanish’’ and the other ‘‘Indian.’’∞Ω Officially, therepública de indios was established to protect Indians from Spanish influencesas long as they needed such a protection, and it was mainly embodied in theprohibition of Spaniards in Indian communities. This establishment did notexplicitly 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 evidentin early Caracas, when Indians and mestizos were at times granted citizenshipand admitted into the purportedly Spanish community.≤∞ Nevertheless, fol-lowing the transformation of citizenship from a formal category to a sociallyreputed status, the presence of Indians, mestizos, and mulattos was virtuallyeliminated. It was also during this period that Indians, mestizos, and mulattoswere treated as ‘‘miserable’’ and in need of help, rather than as integratedmembers of the community. They now received land not because they werecitizens but because of their poverty, their weakness, and in the case of Indians,because of recent royal decrees favoring the native population.≤≤


Buenos Aires

A second example of how Castilian practices were modified in the NewWorld can be found in Buenos Aires.≤≥ Initially a military outpost at the mouthof the River Plate, Buenos Aires had become a bustling port city by the earlyseventeenth century. Whereas the economy of Caracas was based on agricul-tural products, in Buenos Aires the main export was mainly metals fromPotosí in exchange for slaves and other European products, most of whichreached the city through illegal contraband networks. Buenos Aires’ initialyears were just as humble. Founded in 1580 by 60 citizens, it was abandonedby many of them in subsequent years, and its population did not stabilize untilthe beginning of the seventeenth century.≤∂ During the first half of that century,the city had some three hundred citizens as well as a huge military regiment.This military presence was justified not only by the need to protect the river,but also by the closeness of Brazil. Because of its location, Buenos Aires be-came an important enclave against Portuguese expansion, yet it also flour-ished as a point where Portuguese and Spanish trade networks converged. Oneimportant result of this collaboration and competition was the presence ofmany Portuguese merchants in the city. This presence internally dividedBuenos Aires, with most commerce in the hands of the Portuguese and mostagriculture in the hands of Spaniards. The uneasy relationship between thetwo communities led to several campaigns against the presence of the Por-tuguese in the city. Early in its history, Buenos Aires faced a growing threat toits control of the countryside as a consequence of the expansion across theAndes of the Arauncanian people of southern Chile.

According to municipal records, in the late sixteenth and early seventeenthcentury, Buenos Aires defined itself as a frontier settlement simultaneouslyantagonistic to and cooperating with the Portuguese and the Indians. Becausewar was a permanent preoccupation, those wishing to become citizens ofBuenos Aires were required to have a horse and arms, and to guarantee thatwhen they were absent another person would fulfill their military obliga-tions.≤∑ The menace of a foreign presence, and the struggle against the Por-tuguese both inside and outside Buenos Aires, produced an acute conscious-ness of the Spanish character of the city. This awareness was expressed in twodifferent ways. On one hand, the distinction between what was local and whatwas Spanish was unclear. For example, it was generally argued that ‘‘servicesto the crown’’ were also services to the local community. Those engaged inexpanding Spanish control, in discovering gold mines, and in paying money tothe royal treasury could claim that these activities qualified them as citizens bydemonstrating their attachment to the local community.≤∏ On the other hand,


and this was even more surprising, the authorities of Buenos Aires insisted thatunder normal circumstances only ‘‘natives of the kingdoms of Spain’’ could beaccepted as citizens.≤π This demand was a clear departure from the Castilianprecedent; Castilian communities easily and frequently admitted foreigners ascitizens (chapter 2). In Buenos Aires, on the contrary, only exceptional for-eigners who were very ‘‘useful’’ to the community and highly immersed in itssociety could be granted citizenship.≤∫ Some leniency was demonstrated to-wards Portuguese residents during the union of the crowns of Portugal andCastile (1580–1640), yet this leniency evaporated in the following years.≤Ω

People requesting citizenship in Buenos Aires had to prove that they were‘‘natives of the kingdoms of Spain,’’ and the inclusion of candidates’ birthplacein citizenship petitions became the usual practice in the city by 1618.≥≠ Whenthe actual place of birth was unknown, the petition at least formally statedthat the person’s arrival to the Americas was legal, and that, as a result, he wasnecessarily 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’ dutieswere formally extended from having arms to also possessing a house. Duringthis period both requirements were integrated into a formal oath that allcandidates for citizenship had to take.≥∞ Nevertheless, as late as 1619 and1620, Buenos Aires still admitted absentee citizens.≥≤ By the late 1620s, thenumber 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 intheir understanding of citizenship, formal petitions for citizenship in BuenosAires disappeared from the records around the same time they declined inCaracas. Once again, local circumstances may explain this development. LikeCaracas, Buenos Aires came of age in the beginning of the seventeenth centuryas its population stabilized and it began to flourish economically as a port. Yetcontrary to Caracas, in the case of Buenos Aires we lack indications on how thegrowing dissociation between citizenship and rights brought about the demiseof formal citizenship. We also lack a clear vision of what the results of thisdemise were.

Lima

Whereas certain similarities existed between Caracas and Buenos Aires,developments in Lima, my third model for how Castilian practices changed inthe New World, were very different. Established in 1535 in a fertile valley nearthe sea and populated by many Indians, Lima, until the late 1540s, suffered


the consequences of Spanish conquistadors fighting for both political con-trol and material resources.≥≥ The coming of peace—with the government ofviceroy Conde de Nieve (1556)—and of important administrative reforms—especially with the government of viceroy Toledo (1569)—marked Lima’s truebeginning. The power of conquistadors and encomenderos diminished, andthe city was transformed into the capital of an enormous territory that coveredpractically the entire South American continent. In 1572, with the suppressionof the last major Indian revolt, Lima’s future was secured. Its economy, whichinitially flourished thanks to Indian and slave labor, became tied to its role as acapital city. Lima housed a vice-regal court and attracted many professionals,students, litigants, and candidates for jobs who immigrated on a temporary orpermanent basis. Lima also flourished as one of the few enclaves legally per-mitted to engage in the transatlantic trade. Through its port (Callao), it ex-ported metals mostly coming from Potosí in exchange for European goods thatwere then distributed for profit throughout the continent.

Early citizenship practices in Lima were very similar to those in Caracas. Inthe 1540s and 1550s, most petitions for citizenship included requests for land(solar), and all of them contained an implicit or explicit promise to settle in thejurisdiction.≥∂ There were also cases where citizenship was requested on itsown, although I found none where land was granted without the previousacquisition of citizenship. Other similarities with Caracas, Buenos Aires, andeven Castile also existed. For example, physical residence maintained its statusas the best proof of citizenship, and in 1570, the authorities expressed theirview that a person who resided in the city where he had his home and where heacted as a municipal judge could not possibly be a citizen of another commu-nity.≥∑ Also like Caracas and Buenos Aires formal citizenship petitions disap-peared by the early seventeenth century.

Despite these similarities, Lima’s case was very different. This differencewas tied to the presence of a viceroy and the importance of encomienda.≥∏

From the 1560s onward, this combination of factors produced an extraordi-nary situation: the viceroy rather than the local community determined whowas a citizen of Lima. This could happen because encomenderos were le-gally obliged to reside next to their Indians and because the viceroy controlledthe grant of encomiendas.≥π It meant that each time the viceroy granted enco-mienda in the jurisdiction of Lima, he also implicitly ordered that the enco-mendero would reside in Lima. This order was interpreted as a grant of citi-zenship. Indeed, although some encomenderos invoked the regular tests forcitizenship, most of them simply reproduced the vice-regal order that allo-cated them the encomienda and claimed that this order also gave them aright to be acknowledged as vecinos. In 1596, Juan de la Cueva attested that


the viceroy granted him the encomienda previously belonging to Lorenzo deFigueroa Estupiñan and that, since Lorenzo was a citizen of Lima, so was he.In his appearance before the local council, Alonso de Aliaga presented a vice-regal decree that literally ordered the council to receive him as citizen becausehe was an encomendero.≥∫ The role of the viceroy in defining Lima’s commu-nity was just as immediate when he ordered (as he often did) that certainencomenderos would comply with the residence requirement in Lima eventhough ‘‘their’’ Indians belonged to another jurisdiction.≥Ω The viceroy couldalso decide, usually upon the request of the interested party, that an enco-mienda originally belonging to the jurisdiction of a neighboring town wouldthereafter be considered under the jurisdiction of Lima. This happened, forexample, in 1562, when Alvaro de Torres requested to transfer ‘‘his’’ Indiansfrom the jurisdiction of Guanuco to that of Lima. He explained that it wasmore logical to submit the Indians to Lima, which was nearer and more acces-sible to where they lived. This transfer would also enabled the Indians to earntheir living with greater ease. After ‘‘his’’ Indians were assigned to Lima, Al-varo became a citizen of that city.∂≠ The accumulative effect of these practiceswas that the viceroy could and often did grant citizenship in Lima’s commu-nity. Candidates openly argued as much when they told the local authoritiesthat the viceroy had already granted them citizenship and that all they nowdesired was to obtain a formal confirmation of this fact.∂∞

Vice-regal intervention, and the close association between encomienda andcitizenship, created in Lima a new category of citizenship called vecindad deindios. This citizenship designated people whose status depended on theirencomienda. It distinguished them from other citizens, and thereafter twodifferent classes of citizens existed in Lima: the vecino-encomendero (alsocalled the vecino feudatario) and the simple vecino (also called ‘‘caballerowithout Indians,’’ caballero situado, caballero avecindado, caballero novecino, and ciudadano).∂≤ While encomendero citizens were accepted into thecommunity by virtue of their encomienda and because of vice-regal grants, allother citizens were still recognized by the local council according to the tradi-tional tests.∂≥

Early Citizenship in Spanish America: Recapitulation

These three models for early Spanish American citizenship demonstratethat the principal traits of Castilian citizenship were maintained in the NewWorld (residence, an intent to remain permanently), despite undergoing im-portant modifications. In sixteenth- and early seventeenth-century Caracas,


Buenos Aires, and Lima, citizenship could be acquired by petitioning the towncouncil, and success depended on the establishment of, or the promise toestablish, ties with the community. Newcomers had to express their desire tobecome citizens, which could be proved by residence, the establishment of ahouse, or compliance with citizens’ duties. The distinction introduced in Limabetween vecinos-encomenderos and simple vecinos was new, as was the ill-defined 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 demandthat citizens be natives of the kingdoms of Spain. The abandonment of formalprocedures for citizenship acquisition and the total dependence on reputationalso marked a change from Castilian practices.

The way Caracas, Buenos Aires, and Lima developed helps explain thistrajectory. 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 socialtension. Lima suffered vice-regal intervention in municipal affairs, and manyencomenderos 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 citizensinto encomenderos and non-encomenderos was not particular to Lima butwas practiced in other Peruvian cities, such as Popayán, Jujuy, Cuzco, andArequipa.∂∂ This division was also mentioned in the main compilation ofSpanish American colonial legislation (Recopilación de Indias), which re-produced a 1554 decree stating that both ‘‘normal citizens’’ and vecinos enco-menderos could be elected to municipal offices.∂∑ Historians have affirmedthat Indians, mestizos, and mulattos could become citizens of Spanish Ameri-can communities in the sixteenth century, but that this was no longer true inthe late seventeenth and eighteenth centuries. They assumed that throughoutSpanish America, in order to be a citizen, one had to be Spanish.∂∏ The aban-donment of formal citizenship procedures in the beginning of the seventeenthcentury was also a general trend. By the 1620s, formal citizenship petitionsdisappeared from the town records of Mexico City.∂π In seventeenth-centuryPopayán (present-day Colombia), citizenship was a highly informal status anddid not depend on the inclusion of a resident’s name in official registries. It wasconstituted socially and granted automatically to people who integrated intothe community.∂∫ In eighteenth-century Quito and Cuenca (present-day Ec-uador), citizenship was instituted by ‘‘public knowledge,’’ which required noproof.∂Ω These findings indicate that the exclusion of non-Spaniards from


citizenship, as well as the continuation of formal citizenship procedures inCastile and their abandonment in Spanish enclaves in America, cannot beexplained only by observing the local circumstances in each community.∑≠

The exclusion from citizenship of Indians, mestizos, and mulattos as well asnon-Spanish Europeans was likely tied to, as well as motivated by, a growingidentification between ‘‘Spanishness’’ and citizenship. This growing identifica-tion led to the rejection of non-Spanish people. Non-Spanish Europeans couldbe rejected as citizens because their presence in Spanish America was legallyprohibited (see chapters 4 and 5). Although Castilian citizenship practicesclearly stated that the foreignness of people was irrelevant to their status ascitizens or noncitizens, this statement was made under the assumption that thepresence of foreigners was allowed and even welcomed, as was the case inCastile. Once their presence was prohibited and considered highly dangerous,as was the case in Spanish America, it became reasonable to exclude non-Spanish Europeans from the local community. Because foreigners who residedin local communities could obtain status as natives, Spanish Americans whowanted to protect the Spanish monopoly in the Americas had to make surethat no foreigner was allowed to settle permanently on the continent. It istherefore not surprising that the exclusion of non-Spanish Europeans, whichprobably also existed elsewhere, was most evident in Buenos Aires, wherethere were many such foreigners and where their presence motivated repeatingconfrontations.

Whereas the rejection of non-Spanish Europeans from citizenship could betied to the illegality of their presence in Spanish America, the exclusion ofIndians, mestizos, and mulattos had no clear legal reason. Both the Castiliancitizenship regime and Castilian law prohibited this exclusion, and its practicewas indeed limited as long as Spanish American communities applied formalcategories. When formal categories were abandoned at the beginning of theseventeenth century, the rejection of Indians and the mixed-blood becamemore frequent and more apparent. Seemingly, a regime based on reputationrather than legal categories was more likely to follow the general sense that,regardless of legal definitions, those who are not Spanish are external to thelocal community. Again, it is not surprising that this exclusion was most evi-dent in Caracas, which became dependent on slave labor. Yet it probablyexisted in other places as well.

If the rejection of non-Spanish Europeans, Indians, the mixed-blood, andmulattos could be explained by some sort of essentialization that, for differentreasons, tended to equate the local community with the larger Spanish com-munity, the abandonment of formal procedures, also common to many Span-ish American settlements, must be reasoned by other factors. One way to


discern how this common development came about is to compare the practicalimplications of citizenship in Castile and Spanish America, on one hand, andthe frequency of conflicts (or potential conflicts) regarding citizenship, on theother. As I indicated in the introduction and in chapter 2, citizenship was animportant issue in Castile because it allowed people to enjoy a wide array ofprivileges and obligated them to comply with many duties. Despite this fact,citizenship was registered and debated in Castile only in cases of conflict orpotential conflict. In all other cases, it operated silently, and people were classi-fied 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 centurySpanish American communities no longer maintained a discriminatory regimethat clearly distinguished between the rights of citizens and noncitizens. Thereare hundreds of cases where noncitizens in Spanish American communitiesenjoyed rights that in Castile would have been reserved for citizens. In manySpanish American communities communal property was open to both citizensand noncitizens, and noncitizens could be employed in municipal offices.∑∞ Insome jurisdictions, taxation and military duty were imposed equally on bothcitizens and noncitizens.∑≤ Indeed, once land grants ceased, Spanish Americanpractices no longer substantially discriminated against noncitizens. Emptiedof most of its pragmatic implications, by the mid-seventeenth century, SpanishAmerican citizenship embodied only the social and cultural recognition thatone was a permanent member of the community. Once this was the case, thestruggle to define who was a citizen lost much of its importance; it probablybecame less frequent, less urgent, less conflictual, 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 exemplified by reviewingthe few occasions when citizenship did matter in Spanish America. In the lateseventeenth and eighteenth centuries, when obtaining citizenship enabled in-dividuals to enjoy a particular regime of rights and duties, discussions oncitizenship reappeared. In these situations, citizenship was argued accordingto the Castilian tradition that linked behavior to intention: people who actedas citizens were in fact citizens. The opposite was also true. Those no longeracting as citizens were considered to have expressed implicitly a desire tosevere ties with the community. Yet, in the late seventeenth and eighteenthcentury, two important factors, which were present in early Caracas andBuenos Aires, became especially apparent. These factors were (1) the growingidentification between domicile and citizenship and (2) the close associationbetween citizenship and nativeness.

One example for late seventeenth-century and eighteenth-century Spanish


American citizenship discussions is the debate provoked by the application ofSpanish American legislation prohibiting certain officeholders and their chil-dren from marrying local spouses.∑≥ This prohibition, which initially excludedonly spouses who were born locally as marriage partners, was extended in thelate seventeenth century to cover all people having domicile in the jurisdiction.Thereafter, to determine whether unions were to be allowed or prohibited, theauthorities had to examine whether the spouse was native born or had adomicile in the jurisdiction. In investigating these cases, they solicited theopinion of interested parties and local witnesses. Although motivated by dif-ferent considerations, interested parties, witnesses, and eventually the authori-ties did agree on a few basic elements.∑∂ First and foremost, when asked aboutdomicile, they answered about citizenship (vecindad), thus demonstratingthat from their point of view the two terms were interchangeable.∑∑ The identi-fication of domicile with vecindad was made explicit, for example, by Juan Pezde Aller who interpreted the prohibition as including spouses who were ‘‘cit-izens (vecino) and had domicile (domiciliado) in the jurisdiction.’’ Second,they made no suggestion that citizenship was a formal category obtained byvirtue of a formal administrative procedure. On the contrary, according tothem, citizenship was a status dependent on reputation and ‘‘common knowl-edge’’ (voz común). They assumed that all permanent residents of Spanishorigin were citizens, and they expressed their belief that residence had to beaccompanied by the intention to be tied permanently to the community. Aresidence that was joined by the hope to return to the community of birth, forexample, was considered temporary and did not constitute citizenship.∑∏

Spaniards who were in Spanish America on a temporary basis were thereforenoncitizens; Spaniards, who tied their future to the community, where theywanted to remain permanently, were citizens (see chapter 7).

The linking of citizenship with domicile and permanence was also sup-ported in the writing of contemporary Spanish American scholars. In theseventeenth century, Juan Solórzano Pereira ascertained that the marriageprohibition should not be applied to natives who no longer had a domicile inthe jurisdiction.∑π He asserted that people had abandoned their domicile ifthey left the jurisdiction, taking their families and properties with them andhaving the intention ‘‘to reside and remain’’ permanently in another commu-nity. He also mentioned that the passing of ten years was a sufficient proof ofan intention to abandon one’s community. In short, speaking about domicile,Solórzano reproduced with fidelity the Castilian desavecindamiento, the un-doing of citizenship (chapter 2).

The identification of domicile with citizenship also occurred elsewhere. Forexample, in early eighteenth-century Quito, a debate took place: could certain


people residing in Otavalo participate in ceremonies taking place in Quito as ifthey were citizens of Quito? It was then explained that these people originatedfrom Quito and never meant to abandon their citizenship in the capital whenthey founded Otavalo. Applying ‘‘the natural law which aided them, as freevassals of his royal person,’’ these people were eligible to ‘‘voluntarily . . .swear domicile’’ in Quito.∑∫ In this case, domicile was equaled to citizenshipand distinguished from residence. Obtaining it depended on the interestedparty’s wishes, which were guaranteed by freedom of immigration and bynatural rights. Similar conclusions were also reached in late colonial BuenosAires, where the distinction between noncitizens and citizens was interpretedas identical to the distinction between transients and permanent residents.∑Ω

This interpretation allowed all permanent residents who complied with obli-gations to be considered citizens and to acquire the rights and obligations ofcitizens.

The identification between citizenship and domicile was paralleled by atendency to identify citizenship with nativeness. This tendency was alreadysuggested in the colonial legislation that initially prohibited ministers and theirchildren from marrying persons born in the jurisdiction that they governedand later prohibited them from marrying citizens. It was also present in theapplication processes. Witnesses evaluating the spouse often considered thatindividuals who were well integrated in the local community and who werecitizens of it were also by extension natives, or were worthy of treatment asnatives, even when they had been born elsewhere.

The idea that integration implied both nativeness and citizenship and thatone could lead to the other was also reproduced in Quito in the 1740s. Wit-nesses in the investigation against president José Araujo y Río attested thatSancho de Segura should be considered a native of Lima.∏≠ Although they wereaware that he was born in Quito, they explained that he immigrated to Lima ata young age ‘‘where he remained for a long time and co-naturalized in that city,having more relationship and closeness with its citizens (vecinos) than withthose of Quito.’’∏∞ Exchanging ‘‘nativeness’’ with both ‘‘citizenship’’ and‘‘domicile,’’ the witnesses also requested that certain offices not be granted toforeigners but be reserved for natives or individuals domiciled in the jurisdic-tion.∏≤ The relation between citizenship and nativeness was also invoked inlate eighteenth-century Buenos Aires. People appointed to local offices re-quested exemption because they were citizens of another community. Yet toprove their citizenship, they mainly referred to their nativeness (see below).

Obtaining rights was one reason to discuss citizenship. Another was thepresence of conflicts or the fear of conflicts. In 1652, the Caracas city councilrefused to recognize Juan Rodríguez Agrán as the new constable (alguacil


mayor).∏≥ Alleging that he was a noncitizen, the municipal authorities, whohad another candidate in mind, insisted that municipal offices must be re-served to citizens or natives of the jurisdiction. Just as important was theircomplaint that Juan was of low social standing. He was a servant (criado) withneither independent financial resources nor a sufficiently good reputation (es-timación). Invoking his condition as a foreigner, the authorities mostly dis-qualified Juan on the basis of other factors that, according to them, demon-strated that he was unworthy of the office. They also used against him anargument—foreignness—that they had been willing to ignore in other casesby admitting other noncitizens to office.

Conflict or fear of conflict was also the reason why in the mid-eighteenthcentury, the town council of Buenos Aires declared Francisco Pérez de Sara-via and the people who supported him noncitizens. Francisco had just beenelected the local commercial deputy of Lima’s merchant guild. The town coun-cil, which spoke for the local merchants, opposed his appointment because itsuspected that he would be subservient to the guild and insufficiently loyal tolocal interests.∏∂ According to the council, in spite of the fact that the guild’sordinances stipulated that both electorate and elected must be citizens, manyforeigners ( forasteros) voted in the elections, and, indeed, the elected official(Francisco) was himself a noncitizen. Francisco and his supporters rejectedthese claims: although they were unmarried and owned no house or real estatein the jurisdiction, they were nevertheless citizens because citizenship de-pended on only one factor: the transfer of money and property to the jurisdic-tion by a person ‘‘who came to reside in the city with the intention of livingthere perpetually.’’∏∑ Although their rivals shared this understanding, theyreached the opposite conclusion. According to them, both Francisco and hissupporters were transients rather than citizens because they came to BuenosAires only to sell goods ‘‘without the intention of residing perpetually’’ in thecity: they meant to leave as soon as their business dealings were done.∏∏ Theviceroy, following the advice of the appellate court (audiencia) of Lima, ruledin favor of the town council and annulled the elections. Again, the formalconflict involved identifying citizens. Yet beneath this conflict was a real strug-gle to control local offices and to guarantee that only the ‘‘right’’ people wouldbe elected to them.

Holding municipal offices also motivated conflicts regarding citizenship. Acoveted privilege during the sixteenth and seventeenth centuries, municipaloffice holding had lost much of its attraction by the eighteenth century. Em-ployment in nonremunerated offices carrying heavy responsibility and a greatdeal of work no longer interested community members. This was especiallytrue in regions with no Indians (and thus, no tax collection duties) and in cases


where candidates were merchants and needed to look after their businessaffairs.∏π Elected to office, these people claimed that they were too poor, toobusy, or simply unworthy of the honor bestowed on them. This wish to avoidoffice holding became an epidemic in late eighteenth-century Buenos Aires.∏∫

Alleging different circumstances and needs, on occasion, those elected to officealso argued that they were noncitizens and that, as a result, they could not beobliged to comply with citizenship duties. Jacinto de la Fuente argued that hewas a citizen of Arrecife and not Pergamino, which was where he was electedto office.∏Ω His citizenship in Arrecife was based on the fact that he was anative of the jurisdiction, where he had established his domicile together withhis wife and children. The authorities disagreed. Jacinto resided in Pergaminothe greater part of the year, and his business operation was located in thatcommunity. As a result, he should ‘‘be reputed and held’’ (reputado y tenido)as a citizen of Pergamino. Other people were more successful in making thesame claims. Joseph Fortunato Ruíz de Arellano requested that his nomina-tion in Buenos Aires as a local judge (alcalde ordinario) be revoked because hewas, in fact, a citizen of Asunción (Paraguay).π≠ His citizenship in Asunción,he said, was tied to the fact that he was a native of that jurisdiction: there hehad property and had recently married an Asunción native by way of proxy.He also served as a judge in Asunción in 1760 and had always wished to returnto that city. According to his claims, his case was radically different from thoseother petitioners who refused office but had resided in Buenos Aires continu-ously for many years. Unlike him, these people were citizens, and they couldbe forced into office.π∞ The authorities agreed with him.

Citizenship in the Seventeenth and Eighteenth Centuries:Recapitulation

There is sufficient ground to believe that the abandonment of formalprocedures for citizenship declaration in Spanish American enclaves was tiedto the absence of a discriminatory regime that distinguished between the rightsof citizens and noncitizens. This absence made the meaning of citizenship lesscrucial, and it generated fewer conflicts regarding the correct classification ofeach individual. But debates concerning citizenship did reappear when dis-crimination was reintroduced and when conflicts were possible or ongoing.Yet we still do not know why Spanish American communities stopped dis-criminating against noncitizens while Castilian communities continued to doso. Although the archives contain no answer to this question, one possibleexplanation is that once citizenship could be identified with such diverse no-tions as domicile, nativeness, and Spanishness, and once foreigners, Indians,


and the mixed-blood were rejected, the need to discriminate against peoplewho were Spanish disappeared. Indeed, once citizenship was identified withSpanishness, all Spaniards could be admitted as citizens, or, at least they couldenjoy a common regime of rights and privileges. At the same time, discrimina-tion was maintained, even enforced, with regards to ‘‘true’’ outsiders: theIndians, mestizos, mulattos, and, to a certain degree, non-Spanish Europeans.One could say that in their joint opposition to foreign and seemingly hostileelements, in Spanish America all Spaniards were citizens of a single commu-nity and all non-Spaniards were classified as aliens. As a result, in this hecticand constantly changing world, there was an overpowering sense of famil-iarity. People acted as if they knew who the others were, and individualsmoved across dozens, hundreds, and thousands of miles behaving as if theywere in a familiar territory.π≤

In addition to the growing identification between Spanishness and citizen-ship, the abandonment of a discriminatory regime could also be explained bythe structural and legal differences between Castile and Spanish America. InCastile, citizenship was defined at the same time in which the kingdom itselfwas created. The coincidence guaranteed a regime that was initially very lo-calized and that admitted great differences between one community and theother. Processes of homogenization within the kingdom gradually closed thedistance between the practices of different communities, yet until the end ofthe Old Regime, some differences, especially with regard to formal require-ments and procedures, remained in place. It was also clearly the case that inCastile municipal entities were contemporaneous to the kingdom. Their resi-dents forged an identity of their own at the same time in which they weregradually inserted into the kingdom.

The contrary was true with regard to Spanish America. The settlement ofthe New World happened after the kingdom of Castile had consolidated.While the kingdom was a fact, the local community was a project. In theAmericas, new communities were formed, and they initially had no local his-torical traditions, nor a clear local identity, nor a law of their own.π≥ Indeed,Spanish American enactments—whether local or common to the entire terri-tory—lacked instructions concerning citizenship.π∂ This lack could be supple-mented because Spanish American law determined that Castilian law wouldbe adopted in cases of legal lacuna. There was, however, no single or simple setof Castilian laws that Spanish Americans could adopt. As noted earlier and inchapter 2, a common Castilian citizenship regime existed, but it depended ondoctrine and practices. Castilian local legislation, on the contrary, includeddifferent rules with regard to the acquisition of formal citizenship. At certainplaces and times, the king instructed Spanish American communities to adopt


a specific Castilian community, for example, Seville, as a model. Yet othermodels also existed and were used in Spanish America. Confusion over thevariety of local Castilian traditions that could potentially guide Spanish Amer-icans was matched by personal convictions about the meaning of citizenship inCastile. Spaniards arriving in Spanish America originated in different commu-nities, both Castilian and Aragonese. They each brought their own under-standing of citizenship, which they wished to continue practicing as they hadin Spain. This combination of factors encouraged the creation in SpanishAmerica of a citizenship regime that was weak on formalities and laws butstrong on convictions. This regime abandoned the peculiarities typical to Cas-tilian local communities and adopted instead what was common to the entirekingdom (and probably Spain): the idea that beyond formalities people couldbecome citizens by enacting the role of citizen.

The República de Indios

There are many indications that by the mid-seventeenth century andespecially during the eighteenth century, Castilian notions of citizenship werealso being introduced to the Indian republic. The literature on migrant ( for-astero) Indians in Spanish America hints at such developments.π∑ Indians wereoriginally classified as members of Indian communities by virtue of birth anddescent. This classification was used to determine duties, especially payingtaxes (tributo) and contributing with labor (repartimiento). Although mi-gration among communities within and outside the Indian republic was per-mitted, only under exceptional circumstances were Indian migrants allowed toabandon their rights and duties in their community of birth and acquire newones in a community of their choosing.

By the seventeenth century, attitudes towards community affiliation gradu-ally changed. Willingness developed to allow Indians to change the commu-nity to which they were legally bound. Like the Spanish, Indians came to beassociated with the communities where they paid taxes, used communal land,or worked in certain offices. It was generally agreed that they acquired a set ofrights and obligations by virtue of their behavior. Once these migrants hadestablished themselves in the new community, they were no longer consideredmembers of their original community. As immigration intensified, the originaldistinction between Indians who were members of the community (origina-rios) and Indians who were not ( forasteros), was replaced by another, whichdistinguished between temporary and permanent migrants. Temporary mi-grants were the ‘‘true’’ forasteros. They were external to the community andhad no right to use communal land and no duty to pay taxes. The transient


nature of their association with the community led to their stigmatizationas people with no fixed residence; they were often viewed as fugitives or va-grants. Permanent migrants included individuals who, despite their origin asforasteros, were considered members of the community. They could use thecommunal land and were obliged to pay taxes. Indeed, both the Spanish andthe Indian authorities protested when permanent forasteros did not act ascommunity members. They insisted, for example, that these forasteros were‘‘naturalized’’ in the community, and that by virtue of their residence, marriageto local spouses, or ownership of property, they must be treated as ‘‘natives.’’

Although the term vecindad was mentioned in none of these cases, thesimilarities between these developments and Castilian citizenship practices arenevertheless striking. In fact, it seems that over time in their attempt to controlmigration among Indians, both the Spanish and Indian authorities imple-mented notions more related to the Castilian tradition of citizenship than tobirth. Eventually, Indian local communities were viewed as associations basedon the compliance with duties, which in turn generated the right to enjoybenefits. Both Indian and Spanish authorities insisted that permanence createdties between newcomers and the community, ties that became as importantand as meaningful as birth and descent. Thereafter, the distinction betweentransitory and permanent members of the community, a distinction that wascrucial to Castilian understandings of communal structures and belonging,was also introduced into the Indian world.

Conclusions

The relation between Castilian and Spanish American practices washighly complex. A superficial study would indicate that Spanish Americancitizenship differed dramatically from the Castilian example. In early modernCastile, 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, whichimplied no clear discriminatory regime and that had mostly a social—ratherthan legal—significance. A thorough investigation nevertheless demonstratesthat the distance between the Castilian and the Spanish American experiencewas in some respects more apparent than real and in others, more real than ap-parent. On one hand, despite the disappearance of formal procedures, SpanishAmerican citizenship still included the basic Castilian premise that peoplecould become citizens by virtue of deciding to do so, and that this decisioncould best be proved by behavior as citizen, mainly through residence. SpanishAmerican citizenship thus remained a measure of the person’s integration in


the community. This integration depended on the wishes of each candidate, aswell as on the willingness of the other members to admit him. The abandon-ment of formal procedures in itself was not foreign to the Castilian tradition.On the contrary, it gave full credit to the idea, already present in Castile, thatmunicipal intervention was not truly necessary to constitute citizenship, andthat citizenship was automatically attained once the newcomer began actingas a citizen. In some odd way, Spanish American practices revealed the essenceof the Castilian view more clearly than practices in Castile themselves: insteadof municipal authorities’ validating through formal tests the power of peopleto convert themselves by virtue of their decision, Spanish American practicessimply recognized the power of citizenship by reputation. On the other hand,conserving a regime that in many ways was similar to its Castilian precedent,Spanish American practices introduced innovations of great importance.These were the gradual identification between citizenship and domicile, andbetween citizenship, nativeness, and Spanishness. This identification permit-ted the ‘‘essentialization’’ or even the ‘‘nationalization’’ of citizenship. A greatvariety of local practices were unified in a common regime, and this regimerejected all non-Spanish elements.

64

4

Naturaleza: The Community of the Kingdom

Spain emerged from the Middle Ages as a highly complex and frag-mented political entity. It included two crowns (Castile and Aragon); variouskingdoms, provinces, and principates; and thousands of local communities.∞

The kingdoms included in the crown of Aragon, whose units—Aragon, Cata-lonia, Valencia, and Majorca—each maintained their autonomous legal andpolitical structures, had their own governing and representative institutionsand their own laws. Some of the kingdoms and principates included in thecrown of Castile, for example, León, Asturias, and Galicia, were integratedinto a single system and were subjected to the same institutions and laws.Others, such as Navarre and the Basque provinces, conserved many of theirseparate structures.≤

People living in the different Spanish kingdoms were legally classified indifferent ways. They belonged to separate groups, each enjoying a particularregime of rights and duties as defined by the legal system of their kingdom orcrown. Most important among these rights was the monopoly on office hold-ing (reserva de oficio), which restricted the use of public office and ecclesi-astical benefices to natives (naturales) of the jurisdiction. According to thismonopoly, only natives of Castile could hold offices in Castile, only natives ofCatalonia could hold offices in Catalonia, and so on.≥ Since implementingthis monopoly required that foreigners (extranjeros) be distinguished from

Naturaleza: Community of the Kingdom 65

natives, a theory of nativeness (naturaleza) was developed in each of theIberian kingdoms.

A common Spanish nativeness, which included all natives of all Spanishkingdoms, originated in Spanish America sometime at the end of the sixteenthcentury and was the result of a new monopoly that allowed only ‘‘natives ofthe kingdoms of Spain’’ (naturales de los reinos de España) to emigrate to andto trade in the New World.∂ This monopoly forced the authorities on bothsides of the Atlantic to determine whether people who wanted to immigrateand to trade were indeed natives of Spain. Because Spanish America wasformally a Castilian territory, the answer to this question depended on Cas-tilian legal arrangements.

Although a community of ‘‘natives of the kingdoms of Spain’’ was definedwith regard to the colonial enterprise by the late sixteenth century, in theIberian peninsula several communities of natives continued to coexist. Theconstruction of a common community of Spanish natives did not come aboutuntil the early eighteenth century (1706–16) with the subjection of the Ara-gonese kingdoms to Castilian ‘‘public law.’’ This subjection was justified byAragonese support for the vanquished Habsburg pretender during the SpanishWar of Succession. Among the legal reforms that followed this war, severalexplicitly stated that natives of the Aragonese kingdoms would be equallyeligible to offices and benefices all over Spain and that, by the same token,offices in the crown of Aragon would be open to Castilians.∑ Although Navarreand the Basque provinces preserved their individual legal regimes, because ofspecial privileges granted to them in the sixteenth century, their natives wereconsidered Castilians and, like all other Castilians, they could now hold officesanywhere in Spain.∏

The story about how discussions of the right to immigrate and to trade inthe New World, and to hold public offices and ecclesiastical benefices in bothSpain and Spanish America, defined the Spanish community, is largely untold.Spanish scholarship on nationalism and protonationalism centers on statestructures and administrative developments and assumes that the constructionof the Spanish community was a natural outcome of both.π Because ‘‘state’’and ‘‘nation’’ were one of the same thing, subjects and nationals were syn-onymous. The king decided who was Spanish by accepting certain people ashis vassals and by granting letters of naturalization to others.∫ Although ineach particular Spanish kingdom ‘‘nativeness’’ expressed an early modern sen-timent of ‘‘nation,’’ in Spain as a whole no such sentiment existed either be-cause there was no community of Spanish natives or because this community,which included both local and foreign vassals, failed to generate distinctionsbetween Spaniards and non-Spaniards.Ω

66 Naturaleza: Community of the Kingdom

Despite these misleading indications, a community of Spanish natives didexist from the late sixteenth century, and its definition did not depend onthe king alone. This community was instituted by reference to the ability toexercise certain rights and was defined as a result of a struggle to distin-guish insiders (worthy of rights) from outsiders. This struggle depended on theefforts of individuals to obtain rights and the response of others—individuals,corporations, or authorities—who wished to assist or prevent them fromachieving their goal. It was a struggle motivated by the wish to control theallocation of such resources as offices and commercial privileges. Yet, discus-sions about nativeness and foreignness also involved constitutional debatesand demonstrated how local communities, merchants, and individuals re-sponded to pressures from above, and how they clashed with the king over theright to define the community. On occasion, discussions about nativeness alsoexpressed a genuine need to identify the moment and mechanism by whichforeigners were transformed into natives or confirmed as outsiders.

In early modern Spain nativeness and foreignness were never self-evidentcriteria, and they never obeyed clear legal prescriptions. Rather than beingsimply a matter of birth—as the term ‘‘native’’ might indicate and as mosthistorians have assumed—in Spain and Spanish America nativeness became asocial and legal construct.∞≠ This construct was subjected to negotiations andpacts, and it suffered revisions as it was applied and interpreted by differentpeople acting under different circumstances and for different ends. First de-fined in thirteenth-century Castile, over time and especially in the seventeenthand eighteenth centuries, Castilian and then Spanish nativeness became asso-ciated with local citizenship. People were natives, or became natives, once theyestablished, with the intent to remain permanently, residence in a communitylocated on Spanish territory, or once they gave other proofs of their wish to tiethemselves to such a community. By the same token, individuals who left thecommunity lost their status as natives independent of their place of birth ortheir descent. Indeed, like citizenship, nativeness operated on the margins offormal declarations: it existed as an implicit category. People obtained it, orlost it, because of the way they behaved rather than because of birth or royalrecognition. Yet, while certain people were allowed to act as natives withouttheir status being questioned, others encountered opposition within the com-munity and had their rights contested. This opposition could force individ-uals who gave no indications of foreignness—for example, those born inSpain or Spanish America to Spanish parents and who had always lived in thecommunity—to defend their status as natives.

These tensions within the community were further complicated by the exis-tence of formal procedures that allowed the king to naturalize foreigners.


These procedures—royal naturalization letters—constituted an authorityparallel to the system of implicit categorizations. Their use provoked constantconfrontations between the king and the kingdom. The king wished to gratifyhis clients by naturalizing them, and he insisted that the Spanish communityconsisted of vassals directly tied to him. It was up to him as a sovereignmonarch to decide who would be accepted as vassal, and acceptance as vassalmeant immediate naturalization. The representatives of the kingdom, on thecontrary, believed that people were naturalized through establishing ties withthe community, by acting in a way that made them members.

Although nativeness was mentioned in thirteenth-century legal texts, dis-cussions about the meaning of Castilian nativeness began only in fourteenth-and fifteenth-century Castile. These discussions were tied to determining eligi-bility for public office and ecclesiastical benefices. By the late sixteenth andseventeenth centuries, these discussions were applied to the colonies and wereused in both Spain and Spanish America to define a community of Spanishnatives for the purpose of immigration and trade in the New World. By theearly eighteenth century and with the application of Castilian law in Aragon,the same discussions helped determine the extension of a Spanish communityalso in Spain.

As happened in the local sphere, these issues were not apparent in thelegislation. Although all peninsular kingdoms had laws explaining nativenessin reference to a particular right, the requirements enumerated by these lawsseem arbitrary and they changed from one case to the other.∞∞ The importanceof legal requirements was not clear; they were often ignored by individuals andauthorities, whom historians have accused of disregarding the law and intro-ducing corrupt practices.∞≤ In spite of its frequent use in administrative, judi-cial, and mercantile records, the term ‘‘natives of the kingdoms of Spain’’ wasnever legally defined. Following the Recopilación de Indias that clarified thatamong those native of Spain were natives of Castile, Aragon, Catalonia, Val-encia, Majorca, Minorca, Navarre, and the three Basque provinces, it wasgenerally assumed by historians that Spanish nativeness had no definition ofits own and that to be Spanish one had to be native of Castile, Aragon, orCatalonia, and so forth.∞≥

Yet, as in the case of local communities, these conclusions change once weexamine individual cases where the application of the category ‘‘native ofSpain’’ was required either because individuals requested to be recognized assuch, or because others wished to bar them from privileges. These cases dem-onstrate the construction of Spanishness as a category independent of mem-bership in an individual Spanish kingdom. I examined some 1,700 such cases,mainly concerned with the ability to immigrate and to trade in the New World


and the right to hold offices and benefices in Castile and other parts of Spain.For the sake of convenience, I have separated developments in Castile andSpain from developments in Spanish America. Despite this material separa-tion, the two debates, which are explored below and in chapter 5, should beviewed as complementary.

The Monopoly on Office Holding (the Reserva de Oficio)

The construction of a community of Spanish natives began in thirteen-century Castile. The Siete Partidas defined nativeness (naturaleza) as: ‘‘one ofthe greatest obligations people can have with one another. If nature ties themby lineage, nativeness converts them into a single unit through the long prac-tice of loyal love.’’ Responsible for the creation of human associations, native-ness included the ‘‘obligation which men are under to others to love andcherish them for some just reason.’’ It consisted of a natural inclination: ‘‘Thefollowing distinction exists between it [nativeness] and nature, namely, natureis a force which causes everything to remain in the condition directed by thebond of God; nativeness is something which resembles nature and assistseverything derived from it to exist and be preserved.’’∞∂ The Siete Partidasenumerates ten ways to achieve nativeness. The first and best is nativenessobtained by birth in the territory to a family that descended from the juris-diction.∞∑ Other ways include vassalage, nurture (crianza), knighthood, mar-riage, inheritance, rescue from captivity, death or dishonor, emancipation,conversion to Christianity, or ten years’ residence. Even at this early stage,nativeness was clearly distinguished from vassalage. Nativeness was a naturalcondition, automatically acquired once the circumstances for its constitutionwere present. Vassalage, on the contrary, was a contract that came into beingmainly through subjection and service.∞∏ Each of these conditions implied adifferent set of rights and obligations, and each could be achieved and aban-doned in a different way. I will return to this issue in chapter 6.

Although rooted in medieval times, the practice of identifying people asnatives and distinguishing them from foreigners became important in Castileonly in the following centuries. Two reasons contributed to this growing im-portance. (1) During the late Middle Ages, and especially after the unificationof the crowns of Castile and Aragon, the Spanish monarchy became a ‘‘com-posite’’ monarchy, embracing different territories with different legal regimes.Under these circumstances, the definition of natives and their distinction fromforeigners, especially foreign vassals of the Spanish king, became essential asinhabitants of the different kingdoms wished to limit the power that foreignvassals could acquire through their relationship with the monarch. (2) The


fifteenth and sixteenth centuries constituted a period of bureaucratic expan-sion. The number and importance of available public offices and ecclesiasticalbenefices grew substantially. This growth was accompanied by the patrimoni-alization of public offices and ecclesiastical benefices, which came to be viewedas the private property of communities, particular families, or specific individ-uals. Communities, families, and individuals competed for the allocation ofthese resources, and they offered the monarch substantial amounts of moneyin order to obtain control of their assignment. During this period, publicoffices and ecclesiastical benefices were also perceived as rewards, which theking could distribution among his allies and loyal servants. They, his allies,expected to receive these rewards, and he, the king, wished to distribute them.

As a result of both these processes, by the fifteenth and sixteenth centuries,the representatives of the kingdom in parliament (cortes) argued that onlynatives should be allowed to exercise offices and benefices that were veryprofitable or that included jurisdiction over people and territory.∞π In responseto these petitions, as early as 1377 and repeatedly over the next two centuries,Castilian monarchs first promised to revoke all grants of ecclesiastical beneficesto foreigners and then expanded that exclusion to most public offices, retailmercantile activities, and all seigniorial jurisdictions. The exclusion of for-eigners also found expression in local laws and in the ordinances of specificinstitutions or offices, which clarified that they must be ‘‘reserved for natives.’’∞∫

It thus became necessary in Castile to distinguish natives from foreigners.This distinction had no simple definition in the existing legislation. Instead,there were several overlapping definitions, each seemingly indicating the im-portance of different criteria. The first definition, included in the Siete Partidasand specifying that birth, vassalage, nurture, knighthood, marriage, inheri-tance, rescue, emancipation, conversion, or a ten years’ residence constitutednativeness, was a main point of reference.∞Ω Yet in 1565, a second definitionwas added, clarifying who was a native of Castile for the sake of receivingecclesiastical benefices. According to this second definition, natives were per-sons born in the kingdoms to a native father, and others who had establishedtheir domicile in the jurisdiction and lived there for ten years. Nativeness couldbe extended to sons of natives born abroad if their parents were absent fromthe kingdom because of royal service, with royal permission, or if their ab-sence was temporary.≤≠ Although this definition, which was included in theRecopilación de Castilla, was not meant to change the existing legal situation,it was clear that the criteria and prerequisites it enumerated were differentfrom the ones included in the Partidas. Vassalage, conversion, nurture, knight-hood, marriage, inheritance, rescue, and emancipation disappeared, and intheir place emphasis was placed on birth and descent, on one hand, and a


prolonged residence, on the other. Other definitions also followed. In order toobtain their naturalization in Castile, foreigners had to petition the Council ofCastile and demonstrate that they had lived in the kingdom for ten years, hadowned a house, and were married to a native.≤∞ Marriage and the owning of ahouse were thus added to the criteria listed to distinguish foreigners and na-tives. In 1620, ‘‘sons of foreigners born in Spain’’ were declared ‘‘natives ofSpain,’’ apparently for all purposes and especially with reference to the abilityto immigrate and to trade in the New World.≤≤ At this point, it seems that birthin the territory is sufficient to obtain nativeness, and descent is no longer anissue. In 1623, foreigners who resided in Castile for ten years, owned property,and were married to a Spanish wife for at least six years were equal to nativesin many respects.≤≥

This apparent legal discrepancy was echoed in early modern literature. Al-onso de Acevedo, Hugo de Celso, Juan de Hevia Bolaños, José de Veitia Linaje,Gregorio López de Tovar, Rafael Antunes y Acevedo, and Juan Sala alsopointed to a variety of situations allowing people to acquire nativeness.≤∂

Nevertheless, they identified two situations as principal: birth and a prolongedresidence in the kingdoms, which some of them titled ‘‘domicile’’ (domicilio)and others ‘‘citizenship’’ (vecindad or avecindamiento). Hugo de Celso, forexample, specifically mentioned that despite the variety of ways to acquire na-tiveness, ‘‘birth, nurture (crianza), or long residence are the principal ways.’’≤∑

Gregorio López de Tovar stressed the fact that a ten years’ residence couldtransform foreigners born outside the kingdom into natives.≤∏ Yet residence,domicile, and citizenship were three different realities. Residence referred tothe material presence of a person in a given territory. Domicile included theidea that this presence was voluntary, and that it incorporated the intention toremain in that place permanently.≤π Citizenship could be similar to domicile, orit could include other proofs for the newcomer’s insertion in the communitysuch as marriage, owning property, and the payment of taxes.

The only common thread in these situations was the idea that people whomet the enumerated criteria loved the community and were loyal to it. In thecase of individuals born in Spain to Spanish parents, it was automaticallyassumed that they loved the community and felt loyal to it. This assumptionwas based on the belief that natural law dictated that people loved the land oftheir birth. This belief appeared in the Siete Partidas, and it was repeatedlystated by authors, such as José María Alvarez, who cited the Partidas’s defini-tion of nativeness, or Gerónimo de Uztariz, who attested in 1742: ‘‘I knowchildren in this city born of parents that were both foreigners and educatedunder their eyes, that are in their heart and manners more Spaniards thanforeigners, I may add in language, for they chose rather to speak the dialect of


this kingdom and are averse to their fathers’, though they hear nothing else athome but his native language. This does not surprise me, when I consider whateffect the place of birth usually has, the great influence of the first acquaintanceand 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.’’≤Ω Because foreigners did not love the community they were‘‘dangerous.’’ Foreigners did not identify with local interests, and they hopedto benefit from their association with Castile while planning to later return totheir community of origin: ‘‘These foreigners who have dignities and beneficesin our kingdoms want to be in their lands more than in a foreign land. Theywill take out the money [they earn] from our kingdoms, leaving them withgreat damage and poverty and enriching foreign kingdoms, even enemy king-doms. . . . When prelates and other beneficiaries are natives, they help us . . . inthe 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 beneficiaries are not ournatives.’’≥≠

People who loved the community could thus be considered natives. Peoplewho did not love the community were classified as foreigners. Yet, as BaltasarAlamos de Barrientos, Gerónimo de Uztariz, and Pedro Fernández Navarretepointed out, foreigners who fixed their domicile in Castile, where they owneda house or were married to a native, no longer posed a threat.≥∞ Although theymay ‘‘not afford us the affection and reliance of native and loyal subjects,’’they were still worthy of nativeness.≥≤ The presumption was that their lengthyor close association with the community created a ‘‘sufficient 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 wentthrough some sort of conversion that allowed them to abandon their condi-tion as outsiders. This conversion transpired without the intervention of theauthorities. It was a by-product of the association between a person and acommunity, an association that could be established in a variety of ways. Itcould 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 tohis community of origin because he no longer hoped to return there. Whatwas important was not the specific way this association came about, butthe guarantee it supplied for the person’s good intentions. In the words of aseventeenth-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 whichthey had lived here, others also for having been born in it, others because they


were married in many cases with natives, or their daughters married natives,reasons for which they have established deep roots that made them love anddesire the best for these kingdoms.≥∂’’ Indeed, certain foreigners could be con-sidered natives ‘‘because most of them lived in Cádiz for 20, 30, 40, and 50years, and they are married with natives, and they have their estate and familythere, without having any dependency on Portugal.’’≥∑ These foreigners, al-though not formally declared natives, were ‘‘connaturalized,’’ their residencebeing ‘‘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 sufficientlyintegrated in Spain acted in a way that combined ‘‘Spanish grave-character’’with ‘‘French Lightness.’’≥∏

Because of this understanding that permanent resident foreigners, many ofwhom were citizens of local communities, no longer posed threat to the Cas-tilian and Spanish communities, legal enactments became less important thanthe intentions that they sought to reproduce. The conditions stipulated by thelaws governing nativeness and naturalization were interpreted as legal pre-sumptions. Similar to their role in the local sphere, these presumptions aimedto help the authorities distinguish between true outsiders and integrated for-eigners who had attained nativeness. The presumptions did not prescribe theonly way foreigners could be transformed into natives. Indeed, individualscould be declared natives even when they did not fulfill the conditions stipu-lated in the laws if other indications proved that they had tied themselves tothe community. For example, in 1769, Ignacio Barra obtained recognition thathe was a native on the grounds that he was ‘‘well rooted’’ in Spain and wouldprobably never leave the country.≥π In the same year, Antonio Rafael Mengswas able to demonstrate his love of Spain by establishing a school of arts inMadrid and training many disciples.≥∫ Despite being married to an Irish com-patriot and thus lacking one of the requirements for naturalization, RobertoWhite was granted naturalization because he had purchased a house andobtained citizenship in Cádiz, and the authorities believed that he wanted toestablish a permanent domicile in Spain.≥Ω

People who lacked the legal requirements could obtain their naturalization,as often as others were denied the status of natives despite fulfilling theserequirements if their loyalty was questioned. Juan Jerónimo Burgué, a French-man, resided in the Iberian peninsula for many years and was occupied indifferent commercial undertakings first in Cádiz and then in San Sebastián.∂≠

According to the local authorities, despite this permanence and his status as alocal citizen, it remained unclear whether he was truly tied to Spain. He had no


Spanish partners, employed only Frenchmen in his household, and he ran abusiness initially set up by his brother, who was married to a French womanand who had recently returned to France with his Spanish-born children. Itwas also unclear whether the properties Juan Jerónimo was managing were hisown. ‘‘Because of the lack of effective proofs that he wished to remain, and theindications that he might not,’’ his petition for naturalization was denied.∂∞

Although Bernardo Micheu had resided in Spain for more than seventeenyears, in 1762 his residence was considered temporary, leading the authoritiesto refuse his naturalization.∂≤

It appears that, contrary to what we may have believed in the past, grantsof nativeness that did not conform to the conditions stipulated in the lawswere not necessarily unlawful. Nor was the refusal to grant nativeness toindividuals who complied with all the legal requirements necessarily an illegalact. Instead, these decisions followed legal and political practices that werebroader than the written law, practices that most historians have ignored.∂≥ Inthe words of the representative of royal interests in the Council of the Indies:

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 personnative. . . . This would be the case of foreigners who had resided in thekingdom for a sufficient time, yet who must be considered transients becausethey lack the wish to remain or to establish domicile. . . . This is the way wemust understand the Partida law, which establishes that a ten-year residence issufficient to obtain nativeness. This law must be interpreted in the followingway: the ten-year residence operates a presumption that the petitioner wishesto remain in the country permanently. If there is a contrary presumption, orcontrary proofs, the ten-year residence is insufficient to grant nativeness.

Indeed, ‘‘if one is to pay attention to the wording of the Partida it is clear that aten-year residence does not convert foreigners into natives. What convertsforeigners into natives is the wish to remain.’’∂∂

The idea that foreigners could become natives based on proof that theyfelt loyal to the community established a close association between nativenessand citizenship. Foreigners who obtained citizenship could easily demonstratetheir nativeness and, indeed, citizenship acquisition was a common proof ofintegration in the community of natives. Faustino Borgnis Desbordes came toPuerto Santa María 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 andbecause he came to the country ‘‘with the intention to establish domicile.’’ Thisintention, Faustino argued, could be proved by the fact that he had married


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 integrationalways happens on a local level and within the boundaries of a specific com-munity, local authorities became involved in processes of naturalization. Theywere asked to render judgment regarding the status of foreigners residing intheir district, and their affirmation that these foreigners acted as Spaniards andwere attached to the local community was essential to the recognition thatthese foreigners were already natives, or merited naturalization.∂∏

Persons who lost their citizenship risked becoming nonnatives. This was theopinion of Gregorio López de Tovar and Juan de Hevia Bolaños, according towhom ‘‘if a native of the kingdom, or anyone reputed as native, leaves thekingdom and resides in a foreign kingdom, where he establishes domicile, if helater pretends to be a native, he is no longer considered native.’’∂π BenitoGerónimo Feijóo agreed with them, pointing out: ‘‘Spain is the object of love ofall Spaniards. This rule applies when migration to another country does notconvert Spaniards into members of another society, in which case they mustlove that other society more than the country where they were born. Thisobligation [to love] the republic does not depend on birth in the district, but onbeing a component of its society. Therefore, people who legitimately emigratefrom their country of birth and fix their domicile in another dominion owe thesame obligation to the new republic as to the one they had to the republic wherethey were born, and they must regard this new republic as their patria.’’∂∫

Natives who severed their ties with the local community, who established apermanent residence outside Castile or Spain, or who married a foreignerwhile residing abroad could lose their status as natives. These people andespecially their sons could not hold public offices or emigrate to Spanish Amer-ica.∂Ω If they wished to remain natives despite their detachment from the com-munity, they had to prove that their cases were exceptional. Joseph Larrugiawas born in Baza (jurisdiction of Granada) to parents who were natives of thekingdom of Castile.∑≠ At a young age, he was sent to Malta, where he waseducated 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 español ), eligible to receive an ecclesiastical benefice. Joseph ex-plained that the other members of the order suspected he was a foreigner, andthey therefore refused to grant him the privileges that were rightfully his.Despite his absence from Spain, he declared, he never renounced his conditionas native. In another case, Octavio Ximénes Aldeano presented to the royalcouncil letters from two Spanish overseas officials who considered him ‘‘of the


Spanish nation, despite having been born in Sicily.’’∑∞ He insisted on his wishto ‘‘return to the primitive privileges of his great-grandfather’’ and requested adeclaration that he was a native. He attempted to demonstrate that his family—whose genealogy he presented—had always been employed in royal service.As a result, despite their physical absence from the kingdom, its membersnever intended to severe their relationships with the community.∑≤ They en-joyed the exception, reproduced in the Recopilación de Castilla, according towhich ‘‘if the parents . . . were outside these kingdoms in our service, oraccording to our order, or as transients and without establishing domicileoutside these kingdoms, their sons born abroad would be considered nativesof these lands.’’∑≥

Although Octavio’s request was denied, other candidates were more fortu-nate. The father of Ignacio Aguirre had emigrated to Rome, where he obtainedan ecclesiastical office and married a Roman woman. These factors apparentlyindicated that he had decided to establish domicile in that city and that hismembership in the Spanish community had expired. Nevertheless, his sonasserted that such was not the case. Before the ten years required to establishdomicile had passed, Ignacio’s father was nominated as a secretary of theSpanish 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 royalservice, was Spanish, so was he. Furthermore, Ignacio himself was employedin the same office and his attachment to the Spanish community was demon-strated by his membership in the Spanish confraternity of Rome, with whichhe ‘‘credited the same possession [of nativeness] and proved his wish andintention to retain and conserve it.’’∑∂ Upon his request, Ignacio was declarednative.

Being eligible to rights and obligations in the kingdom was, therefore, inde-pendent of formal declarations and of formal circumstances, such as birth anddescent. People were natives or foreigners by virtue of their internal decision tobe a permanent member of the community. This decision was assumed in thecase of natives who continued to live in the jurisdiction. After all, nativesnaturally loved their place of birth. Yet an internal decision could also bededuced by observing the behavior of foreigners who resided in Spain ornatives of Spain who left it. The idea that integrated foreigners underwent aconversion 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 vía de prescripción).

People living in seventeenth-century Castile and eighteenth-century Spainrequested formal declaration that they were natives when they feared conflict


or were experiencing one. Among them were natives who were suspected offoreignness. In 1624, Guillermo Bequer explained that although according tothe 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.’’∑∑ JosephLarrugia asked to be declared ‘‘truly Spaniard’’ (verdadero español ) in orderto prove to his colleagues of the Order of San Juan that he was worthy of anecclesiastical benefice.∑∏ Other people who requested to be formally declarednatives were foreigners who, having been naturalized in Spain by way ofprescription, found it necessary to obtain also a formal declaration. JuanOlavide, born in France, arrived to Spain as a child in 1746.∑π He completed auniversity degree in Alcalá and became a candidate (opositor) for a fellowship.Those competing with him raised the issue of his foreignness, which wouldmake 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 benefice 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 deOlavide, who lives in Lima, was allowed to trade in the Indies.’’ He had spentso much money in his academic degree that it would be highly prejudicial tohim if he had to abandon the Spanish kingdoms. Furthermore, abandoningthese kingdoms would be ‘‘impractical, since he was so connaturalized in themand would have difficulty in any language other than Spanish.’’∑∫ Juan’s re-quest was granted on the grounds that he virtually grew up in Spain. AntonioMaría Benchi wished to obtain a formal naturalization ‘‘so that no one willever consider him a foreigner.’’∑Ω Faustino Borgnis explained that he was al-ready connaturalized in Spain, and now all he required was a formal declara-tion of this fact.∏≠

Royal Naturalization Policies

In the seventeenth and eighteenth centuries royal naturalization poli-cies became a major issue in relations between the monarch, the parliament(cortes), and local communities.∏∞ Royal naturalization policies were consid-ered by the parliament and communities an unwelcome intervention in thesenatural processes of communal construction. These policies enabled the kingto naturalize whomever and whenever he saw fit. They allowed the monarchto contravene the monopoly on office holding by naturalizing undeservingforeigners subsequent to their appointment to office and solely to render themeligible for that office. Using this method, the crown was able to grant officesand benefices to many of its foreign clients, thus depriving the natives of theirright to exclusivity. In the fifteenth and sixteenth century, the king transformed


royal councilors, ambassadors, and bankers into natives.∏≤ In the eighteenthcentury, he continued to do the same and allowed royal servants, includingvarious nobles, military men, members of the royal household, and royalconfessors, to enjoy the privileges of natives.∏≥ In order for natives to preservetheir monopoly on office holding, it became essential to restrict the power ofthe king to naturalize foreigners.

Although this struggle to restrict the power of the king to naturalize foreign-ers began with the inception of the monopoly in the late Middle Ages, itbecome a central issue in tax negotiations between the king and the kingdomonly in the seventeenth and eighteenth centuries.∏∂ In return for their consentto pay extraordinary contributions (servicio de millones), the representativesof the kingdom in parliament repeatedly demanded a royal pledge to respectthe monopoly on office holding and a royal promise to never again naturalizeforeigners.∏∑ The king agreed to these demands, but royal ministers devisednew methods by which to continue the old practice.∏∏ Arguing that each caseinvolved unique people and unique services to the crown, royal secretariesrequested that the parliament make exceptions to the general rule and agree tothe naturalization of specific foreigners as early as 1632.∏π This strategy wasused in the seventeenth century, and it continued through the eighteenth.∏∫

Because the parliament rarely met during the eighteenth century, royal secre-taries wrote to the cities with a vote in parliament and requested their consentindividually.∏Ω This practice, which originated in Castile, was applied every-where in Spain after the kingdoms of Aragon were placed under obedience toCastilian law in the beginning of the eighteenth century (1707–16).π≠ Seek-ing individual permission was formally acknowledged as a routine methodin 1715 and was reproduced in the first compilation of Spanish law, theNovísima Recopilación.π∞

As happened in parliament during the seventeenth century, when asked togive their approval for the naturalization of foreigners in the eighteenth cen-tury, individual communities occasionally protested.π≤ Although their protestwas expressed mainly in the language of obedience, it nevertheless stated thatthe king abused his authority by granting naturalization to unworthy people.He exercised his powers freely to gratify his servants and their clients forservices rendered and to build a loyal clientele and a subservient adminis-tration. This freedom had neither legal nor political justification. Foreignerscould not be transformed into natives simply because the king wished it.Instead, the transformation of foreigners into natives was a matter of naturaland not civil law, and the king could not modify its requirements and pro-cedures. The king was also bound by the tax agreement he made with thekingdom. This agreement benefited third parties, so even if the contracting


parties (the king and kingdom) were willing to modify the agreement, the kingrequesting permission to naturalize foreigners and the kingdom acceding, theycould not do so. As a ‘‘third party,’’ any individual living in the kingdom couldmake a claim against such a modification and compel the king and kingdom toenforce the original agreement.π≥ The Recopilación de Castilla recognized thisright, setting the rule that ‘‘we [the kings] order and give faculty to all and eachone of our subjects and natives that they may oppose and resist on these issues[naturalization], because this opposition concerns the privileges and honorsand it guards the preeminence of the king and patria.’’π∂

Although the kingdom and the cities with a vote in parliament arguedagainst royal naturalization policies in the seventeenth and eighteenth cen-turies, they did not once invoke the need to change the definition of nativenessand foreignness. Implicitly, they accepted the idea that foreigners could betransformed into natives through their activities, which proved their loyalty.What they rejected was the notion that foreigners who were not integrated inthe community could be given the rights of natives solely because the kingwished it so.

This willingness to accept foreigners naturalized by integration and to rejectthose naturalized by the king can also be seen in the fact that when the kingnaturalized integrated foreigners there was little or no challenge at all. Forexample, in 1783, there was general agreement that Antonio Krasa merited hisletter of naturalization as he had resided in the court since 1772, preachingand hearing confession in some six different languages as well as teachingmusic.π∑ The same thing was true of Angel Saviana, who served as a chaplainfirst in Naples, then in Barcelona. He was well known in the jurisdiction andwas famous for the number of Protestant ‘‘heretics’’ he converted to the Cath-olic faith.π∏ By the same token, conflict was especially intense when candidatesfor royal naturalization clearly lacked an attachment to Spain, either becausetheir residence in the jurisdiction was deemed temporary or because theyresided elsewhere.ππ

The conflict between the king and the kingdom regarding naturalizationpolicies encouraged royal officials to develop a clearer distinction betweennaturalization 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 citieswith votes in parliament used it to distinguish between foreigners who wereworthy of naturalization (by integration) and those who were not (by royalletter). Royal officials used it to establish when the kingdom could oppose acandidate’s naturalization. Approval of the kingdom to depart from the termsof the tax agreement, royal official argued, was required only in cases where


candidates for naturalization were ‘‘true’’ foreigners rather than integratedones. Only in these cases did the king convert complete aliens into natives, andonly in these cases did he potentially contravene his promise not to do so. In allother cases involving integrated foreigners, the opinion of the kingdom wasirrelevant because integrated foreigners were already natives: ‘‘Bernardo Be-gues enjoys the privileges of native of these kingdoms because he had perma-nent residence and domicile in them for many years . . . and is married withchildren and is rooted in the principate of Asturias. . . . The naturalizationletter which he requests is no other than a declaration of nativeness. Thisdeclaration is almost due in justice to a person who, like Bernardo Begues,already participates in the privileges of natives of this kingdom. In order togrant it [the declaration], it is unnecessary to obtain the agreement of the citieswith vote in parliament.’’π∫ Because letters granted to integrated foreignersconstituted nothing new, they should be issued free of charge: ‘‘It will be veryjust and convenient to the state that foreigners requesting the concession ofthis and similar grants will not be asked to pay for them in cases in which theyare already citizens in Spain. This will encourage other people who request thesame grace to establish their domicile in these kingdoms.’’πΩ

One way royal officials attempted to reduce the kingdom’s opposition to thegrant of naturalization by the king was by restricting the legal consequences ofthese grants. Beginning in the late seventeenth century, instead of grantingnonintegrated foreigners ‘‘true’’ and total naturalization, most royal letters ofnaturalization specified the reason they were issued and restricted their effectto this reason alone. Foreigners who received these types of naturalizationwere not considered ‘‘natives’’ of the kingdoms. Instead, they were made equalto natives only in order to enjoy a specific right or privilege, office, or salary. Inall other respects and for all other ends, they remained aliens. At the end of thisprocess, an analytical distinction was established between four different typesof letters of naturalization.∫≠ The first naturalization was ‘‘absolute,’’ and itallowed foreigners to enjoy the rights of natives without any limitation. Thesecond naturalization only habilitated them to obtain secular offices. The thirdonly permitted their access to a specific ecclesiastical benefice, and the fourthgranted access to a specific secular office.

This solution clearly contravened the monopoly on office holding. If officesand salaries were reserved to natives, then the only way to justify their al-location to foreigners was by claiming that certain people who were onceforeigners were no longer truly aliens. Integrated into the community, thesepeople could be granted privileges and be expected to comply with duties.Naturalizing individuals to make them eligible for office and limiting the con-sequences of the grant to this office alone did exactly the contrary. It affirmed


that people who continued to be complete aliens could nevertheless be em-ployed in offices and enjoy benefices reserved for natives. Indeed, the aware-ness that these types of naturalization were a legal fiction is signaled by the factthat by the second half of the eighteenth century most of them were calleddispensas. These legal instruments exempted people from certain legal re-quirements, thus permitting them to do something that they otherwise couldnot do. Dispensas included, for example, orders to treat minors as though theywere of age so they could manage their own affairs and decrees that trans-formed illegitimate children into legitimate heirs.∫∞

Beyond the specific circumstances of each foreigner and each case, the de-bate between the king and the kingdom concerning royal naturalization pol-icies involved a political struggle over questions of sovereignty and parliamen-tary control. The king and his ministers insisted that naturalization was aroyal affair; it depended on royal grace and could be practiced by the mon-archs as they pleased and to reward whom they saw fit. Royal naturalizationletters were a useful instrument in affirming royal sovereignty precisely be-cause they dictated against the common or general law: ‘‘The sovereigns arelegislators and according to the circumstances of the subjects and their ownpleasure they can . . . make exceptions and allow certain foreigners to holdecclesiastical offices . . . otherwise, there will be a total subordination orsubjection of the sovereignty, which is absurd and very bad, and for the samereason there was an infinite number of similar examples in all of the Christiankingdoms.’’∫≤ The community of the kingdom disagreed. Individual munici-palities, the parliament, and at times even royal ministers maintained that thenaturalization of foreigners was not a royal affair. It affected the entire com-munity, and it depended on natural law and on Castilian legal traditions. If theking wanted the kingdom’s collaboration, for example, in tax payment, hewould have to respect these laws and traditions. Yet the question had implica-tions beyond the sovereignty of the king versus the power of local commu-nities and legal traditions. Implied in the debate was a disagreement about thenature of the community. The model advocated by the king (that foreignerswho sought naturalization needed to establish ties—usually service or pa-tronage ties—with the monarch) constructed the Castilian and Spanish com-munity as a community of vassals in which each individual was tied to themonarch and the monarch alone. The model advocated by the kingdom, onthe contrary, allowed foreigners to become natives only when they tied them-selves to the other members, thereby integrating themselves in a local commu-nity. According to this view, the community of the kingdom was an associationbetween local communities that were themselves built from the ties amongintegrated individuals.∫≥


The degree to which legal traditions could circumscribe the power of theking to define the community was reaffirmed in other ways as well. In 1707–16 the Aragonese kingdoms were subjected to obedience to Castilian law. Oneof the most important measures included in this reform was the unification ofmany communities of natives (natives of Castile, natives of Aragon, and so on)into a single community that was defined according to Castilian law. Castiliantraditions determined who was a native of the kingdoms of Spain, and Cas-tilian practices, such as requesting the permission of the kingdom to naturalizeexceptional foreigners, were implemented in non-Castilian kingdoms, whereforeigners were now identified as natives according to the Castilian doctrine.Yet, despite royal wishes, in the years following its enactment, the formationof this united community ran into problems. Ecclesiastical benefices, for ex-ample, were regulated by both local and papal legislation. In Catalonia, themonopoly of natives was embodied in local legislation, which recognized theprinciple of reciprocity. Foreigners, it stipulated, were excluded from beneficesonly as long as their countries of origin followed the same policy with regardto Catalans. Under these circumstances, the creation of a single community ofSpanish natives posed no particular challenge. Such a community could beestablished either by changing the Catalan laws (which depended on locallegislation) or by stipulating that—now that Catalans could hold beneficesanywhere in Spain—other 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 benefices wonpapal approval. Because the exclusion was embodied in papal legislation,neither the king nor the local authorities could modify it. Nevertheless, Valen-cia’s legal arrangements recognized the principle of reciprocity. Consequently,although the law itself could not be modified, its practical effect could, bymaking sure that natives of Valencia would be allowed to hold offices through-out Spain.∫∂ In Majorca the restrictions were based on papal bulls, which didnot 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 quoand end the monopoly of natives. In spite of the application of Castilian lawon the island and the royal wish to end the coexistence of various communitiesof natives in Spain, natives of Majorca would remain the only ones allowed tohold ecclesiastical benefices in the jurisdiction. Because of reciprocity—recog-nized elsewhere in Spain—they would also be barred from exercising similarprivileges in the other Iberian kingdoms.∫∑

Candidates for offices who suffered the consequences of this arrangementlamented this conclusion. Natives of Majorca were isolated geographically bythe sea that separated them from the Spanish mainland.∫∏ Tied to an island,


which they rarely left, Majorcans falsely believed that other Spaniards weredifferent from themselves. They were convinced that if they ever left theirhomes 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 isolationof Majorca was also distasteful to royal officials. The representative of royalinterests (fiscal ) in the Council of Castile believed that the good of the staterequired that all differences between Majorca and the rest of Spain ‘‘imme-diately cease to exist.’’∫π Linguistic differences—Majorca being a Catalan-speaking region—were insufficient to justify excluding Castilians from eccle-siastical benefices. On the contrary, linguistic differences justified forcing aCastilian presence on Majorca as this presence would guarantee that the lin-gua franca of Spain would finally be used in that region.

These difficulties could be resolved only by moving away from the monop-oly on office and focusing instead on the community for whom offices werereserved. In Catalonia, the eighteenth-century royal decrees were interpretedas a measure of collective naturalization that converted all non-Catalan Span-iards into Catalans.∫∫ It was as ‘‘Catalans’’ rather than as ‘‘Spaniards’’ thatthese people could now obtain benefices reserved to natives. In Aragon, adifferent interpretation was used. The turn-of-the-century decrees did notabolish the monopoly on office holding, but rather changed the definition ofthe community enjoying its protection.∫Ω Whereas the previous communityincluded only natives of Aragon, the current community was composed of allnatives of all Spanish kingdoms. In 1772, similar arguments were made withregard to Majorca.Ω≠ Although one could not modify the monopoly on officeholding 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, offices inMajorca should indeed be reserved to natives, but nativeness should nowembrace all Spaniards of all kingdoms.

Foreign Merchants and the Obligation to Become Native

By the mid-eighteenth century, the discussion about who was eligible tohold office in Castile and Spain was paralleled by a growing protest againstintegrated foreigners who refused to assume Spanish nativeness. This protestwas especially directed at foreign merchants who often resided on Spanish soilfor many years but nevertheless refused to consider themselves natives, or whoalternatively adopted nativeness or foreignness according to their convenience


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, theyare angry when one considers them Spanish.’’Ω∞ These foreigners, it wasnow claimed by intellectuals, local communities, and merchant associationsthroughout Spain, enjoyed the best of all worlds. As outsiders, they wereexempt from tax payment and from subjection to the local authorities and tomost restrictions on trade.Ω≤ As permanent residents, they were treated asnatives and enjoyed all that Spain had to offer. In the words of the junta ofcommerce and agriculture of Valencia:

[They] participate (though they do not want to admit it) in the same benefitsas the natives in the interior of this kingdom, and even if they do not achieveother benefits than that of coming to the kingdom with a humble and lowbeginning, working their way up in prejudice of your vassals, who if it werenot for them would have done the same and taken this work, it would seemthat this would be sufficient 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, Señor. They resist them with all their forces and theydo not omit any measure, even the most irregular, in order not to obey them.

Resentment was accompanied by the demand that those benefiting from priv-ileges be induced to comply with duties: ‘‘May the clear and happy day come,Señor, in which the old and flourishing commerce of our Spain be reborn; mayforeigners come to Spain, merchants, artisans, and the hard-working, and theywill subject themselves to our laws and to the obligations of the state and enjoywith us the benefits.’’ Indeed, ‘‘reason and good political maxims state . . . thathe who participates in the benefits of the republic, must also participate in theobligations.’’Ω≥ Foreigners should be allowed to come to Spain and ‘‘should beadmitted as other members are to the pastureland and other communal prop-erties.’’ They should be able to hold public offices and participate in the localmilitia.Ω∂ Yet in return, they must obey Spanish law, declare their allegiance tothe Spanish monarch, and pay taxes.

The opinion that Spanish practices favored foreigners at the expense ofnatives encouraged the crystallization of a distinction between extranjerostranseuntes (transient foreigners) and extranjeros avecindados y arraigados(integrated citizen foreigners). This distinction, formally elaborated in 1716by the junta de extranjeros (a dependency of the Council of State) in order todefine its jurisdiction, was now used to identify people who despite theirforeign origin were natives.Ω∑ It established the rule that transient foreignerswould enjoy the fuero de extranjería and would be treated as aliens, whileintegrated citizen foreigners would be compared to natives in both privileges


and obligations and would be considered ‘‘vassals of this crown and subjectsto the status and laws of Spaniards.’’Ω∏ Among integrated citizen foreigners—now considered natives—were people who received naturalization letters orwho were born in Spain. Also included were foreigners who had converted toCatholicism in Spain (which was equal to a spiritual rebirth in Spain), hadestablished a domicile there, had received citizenship (vecindad) in a Spanishlocal community, had married a Spaniard, had bought property, had workedas an independent artisan or retail merchant or were employed in honoraryposts (all of which were theoretically reserved for natives of the kingdom), hadacted as vecinos using municipal property, had resided in Spain for more thanten years with an open house, or had, according to common or royal law,obtained nativeness or citizenship (vecindad) in Spain.Ωπ These people shared acommon behavior indicating that they wished to establish permanent ties withthe Spanish community. In some cases, this behavior included a formal admis-sion—for example, the acquisition of naturalization or citizenship letters. Inothers, it was implicit in the candidates’ behavior. Candidates who acted as acitizens of local communities by using the communal pasture, for example, oras natives of the kingdom by holding offices reserved to natives, could bedeclared 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 foreignerswould be recognized as natives, circumstances it adopted first for administra-tive purposes (to define the jurisdiction of the junta de extranjeros in 1716)and then throughout Spain (in order to distinguis natives from foreigners inthe second half of the eighteenth century). This system replicated the duality offormal 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 candidatethat theoretically demonstrated his decision to become a member. Citizenshipin a local community was formally instituted as a mechanism of conversionthat allowed foreigners to become natives. Indeed, independent of their originand descent, people who were citizens of local communities, through eitherformal or implicit means, were now by extension clearly natives. The 1716ruling thus formally acknowledged the existing relationship between vecindadand naturaleza.

In the second half of the eighteenth century, and coinciding with the above-mentioned complaints about foreign residents who refused to comply with theduties of Spaniards, the 1716 instruction became a powerful tool. Instead ofwaiting for foreigners to affirm their integration in the community either byrequesting their naturalization or by simply exercising the rights of natives,


beginning in the 1750s the authorities, using the criteria established in 1716,proceeded to classify aliens on their own initiative. Motivated by the wish tofacilitate knowledge of who was who, and who was worthy of which treat-ment, they ordered local authorities to elaborate lists of both transient anddomiciled citizen foreigners.Ω∫ The central authorities hoped that, after thelists were complied, it would be possible to ensure that each person receivedthe 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.ΩΩ

The idea that transient aliens could be distinguished systematically fromintegrated foreigners was easy to conceive but hard to apply. The complexityof the question came to light when the local authorities attempted to elaboratethe desired lists.∞≠≠ The foreign community in Spain refused to cooperate withthis effort and denounced the measure as tyrannical. Many foreigners of longstanding wished to conserve their status as aliens and refused to be treated as‘‘vassals of Spain.’’∞≠∞ Juan Bautista Valerino, a municipal judge (alcalde debarrio) 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 theFrench consul, also pretended to reside in the jurisdiction only temporarily. InOrán, Juan Pedro Prats, who was married to a Spaniard, had fathered fivechildren, and had a retail shop and a house, declared his wish to remain vassalof the French king and to be considered a transient foreigner. Others who hadonly recently arrived to Spain claimed that they were integrated and thusnatives.∞≠≤ A third group of foreigners moved between one position and theother. Miguel Charles and Pedro Constayns claimed they were citizens whenthey petitioned their admission to the local guild, yet they insisted they weretransients when they were asked to pay taxes.∞≠≥ In Valencia, French mer-chants who were members of the local guild suddenly requested to be classifiedas transients.∞≠∂

Perplexed, the local authorities wrote to the central administration in Ma-drid.∞≠∑ Were they obliged to examine the circumstances of each case anddecide whether the foreigner was truly integrated or not? Should the presump-tions enumerated in the decree constitute proof against foreigners, or couldthey 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 classification offoreigners, but also the adequate definition 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 tothe ordinary local authorities. Disagreement about the classification of people


as transient or integrated could thus provoke jurisdictional conflicts; the localauthorities could contest the intervention of military commanders in mattersthey considered their own and vice versa.∞≠∏ Jurisdictional conflicts could alsotake place regarding the inheritance of foreigners, which was subjected to thelocal authorities if they were integrated, and to alien consuls or military com-manders if they were not.∞≠π

Madrid at first insisted on the official criteria, which it judged sufficientlyclear. It was only when the lists arriving at the court were classified as insuffi-cient or incorrect that the royal authorities recognized the need to adopt adifferent solution. Instead of relying on legal presumptions to discover the trueintentions of foreigners, in 1764 they began to allow foreigners to state theirmind orally.∞≠∫ Foreigners were at liberty to choose whether they wanted to beconsidered transients or integrated, yet this freedom could be exercised onlyonce. They would be bound by their choice; the only modification they werepermitted was the passage from a transient to an integrated alien status.∞≠Ω

Why introduce oral declarations? The deliberations leading to the decisionand those following it testify to the growing frustration of both officials andcandidates with a presumption regime that was highly ambivalent and thatprovoked continuous debates. The representative of royal interests (fiscal ) inthe Council of State openly debated this question in 1766.∞∞≠ The main diffi-culty in classifying foreigners correctly was the need to interpret their inten-tions by observing their external behavior. A ten-year residence could operateas a ‘‘tacit or open expression of will’’ to permanently remain in the commu-nity. Nevertheless, a residence could be motivated by other considerations. Asa result, it was often unclear how a meaningful residence could be distin-guished from a nonmeaningful one. The same thing was true of marriage.Marriage could serve as an indicator of the foreigner’s intentions, but it wasinsufficient on its own. Neither was birth in the jurisdiction sufficient becauseit was necessary to wait until the person grew up in order to ascertain whetherhe truly felt loyal to the Spanish community or whether he would leave it assoon as he could. It was just as risky to claim that employment in offices andprofessions reserved to natives demonstrated individuals’ attachment to thecommunity, since employment could be based solely on their personal conve-nience. Instead of adhering to a complex and hybrid regime based on endlessdiscussions about what could or could not be proved by certain external facts,it was now time for an efficient and conclusive test. Foreigners would be askedto declare their intent, and once this declaration was made, they would not beallowed to change their status. This solution would produce clarity, and theauthorities would have lists permanently defining people as either transient(and thus foreigners) or integrated (and thus natives). Retrospectively, it was


explained that ‘‘the aim of the legislation is that the census will clarify thedoubts with respects to the Frenchmen [the largest foreign community inSpain] living in Spain, whether they are transitory or naturalized, leaving it totheir own decision on that occasion to chose the concept according to whichthey would like to be treated, so that after this election they could be treatedwith the corresponding distinction according to the class they elected and thelaws of these kingdoms in both the favorable and the unfavorable.’’∞∞∞ Thewish for clarity was such that it justified suspending the power of ordinarylaws (the presumption regime) and allowing foreigners to choose freely thecategory to which they would belong. As a result of the new arrangement,recently arrived foreigners could be recognized as integrated if they formallyrequested it, while, in some cases at least, established aliens could maintaintheir foreignness.

Not all Spaniards welcomed this reality. After reviewing the case of aFrenchman who declared himself a transient foreigner, the local judge (teni-ente) of Seville expressed his bewilderment and requested the Council of Stateto 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 theirdecision, the authorities had to follow the traditional presumption regime.Although this regime gave some value to the foreigner’s verbal expressions,verbal expressions were never sufficient on their own. Oral claims had to beverified by external facts. Any other solution was inconceivable. It was utterlyunthinkable that foreigners could determine who should be considered a na-tive of Spain and therefore vassal of the Spanish king. Such a matter was forSpaniards to decide. Furthermore, the lists were originally created because ofthe wish to no longer permit foreigners to freely choose their status. The listsaimed at identifying foreigners who, by virtue of their behavior, were indeednatives, 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 alterationthat must always be avoided.’’∞∞≤

Similar arguments were invoked by Valencia’s Junta de Comercio y Agri-cultura in 1773, yet most other people were willing to allow foreigners toclassify themselves.∞∞≥ Among other things, they hoped that this autoclassi-fication would allow ‘‘useful’’ foreigners to integrate into the Spanish commu-nity. It was in Spanish interests, the royal councils argued, to define nativenessin the widest possible way, as this would open the community to beneficialnewcomers. The more people classified as integrated foreigners and thus na-tive, the better the situation in Spain would be.∞∞∂ Indeed, by the 1770s the


willingness to permit and even to encourage the arrival and integration offoreigners in Spain was such that royal ministers portrayed the Spanish com-munity as a melting pot, made of different elements that gradually convergedinto one. Spain’s origins, they said, could be traced back to the end of Romandomination and the subsequent conquest of the Iberian peninsula by theGoths (beginning of the fifth century). Land was then distributed among vic-tors (the Goths) and the vanquished (the Spaniards, then named ‘‘Romans’’),and eventually the two merged into one ‘‘warlike and powerful’’ community.Together, they fought against the Muslims. Many foreign soldiers participatedin these campaigns, and ‘‘many people from all over Christianity came toSpain and were welcomed into it.’’ The integration of foreigners into Spainwas not new. Foreigners were always welcome in Spain, and, in fact, manySpaniards were of foreign origin.∞∞∑

Despite good intentions, the classification of foreigners continued to be asuncertain as it had been before, and foreigners were still able to change theirstatus according to their needs and desires.∞∞∏ New instructions were elabo-rated in 1791, probably motivated by the desire to control the movement ofFrench immigrants and to avoid the spread of revolutionary ideas.∞∞π Theseinstructions ordered foreigners who wanted to be recognized as Spaniards toattest formally their wish and subsequently to swear obedience to the CatholicChurch and the Spanish sovereign, as well as to Spanish law.∞∞∫ Officiallyrenouncing their status as aliens ( fuero de extranjería), these foreigners wouldagree to terminate ‘‘their relations, union, and dependency on the country inwhich they were born, promising not to use its protection, nor its ambas-sadors, ministers, or consuls.’’∞∞Ω After the ceremony ended, they would be‘‘understood and reputed to belong to the class of Spanish vassals, separatedfrom their original status and community.’’∞≤≠ Foreigners who, on the con-trary, wished to be classified as transients would require special licenses if theywanted to remain in Spain, and their professional activities would be severelyrestricted. As outsiders, they would not be allowed to practice the liberal artsor mechanical offices, and they would be unable to engage in artisanal or retailmercantile activities. They would also be required to take a special oath, inwhich they would promise to submit themselves to the sovereign and to obeythe laws of Spain as long as they remained on Spanish soil.∞≤∞

By that end of this process, either foreigners acquiesced and became Span-iards, or they lost their right to remain in Spain. Although these measurescould be explained, as they often were in the past, by the war situation, it isclear that they were in tune with similar developments in Castilian local com-munities.∞≤≤ Contemporary Castilian local communities insisted that peopleshould either commit themselves fully to the community or leave. What was


intolerable was the presence of people who enjoyed the benefits of residing inthe community but who refused to act as true members of it, that is, accept itsobligations.

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 presumptionstied citizenship to nativeness and determined that people who were formallyaccepted as citizens, or who acted as citizens, were also by extension natives.Foreigners could become part of the community of the kingdom through anintegration that could be achieved only by establishing ties with a concretelocal community. Under a regime based on oral declarations, admission offoreigners by local communities was no longer required, and foreigners couldbe classified as integrated by declaring their intentions to remain in Spainbefore they actually established themselves in the community. At the sametime, integrated aliens—who were true members of local communities—wereallowed to remain foreigners. The fact that by the end of the eighteenth cen-tury nativeness could no longer depend on citizenship or local integration wasspecifically stipulated in a 1791 decree ordering local communities to accept ascitizens all foreigners who had already obtained recognition as natives.∞≤≥

Such foreigners-made-into-natives now enjoyed the freedom of all Spaniardsto immigrate and settle where they wished. Rather than making integration aprecondition 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 gaveforeigners 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 king—who gave them thepower to do so—on the other. Once again, the royal administration justifiedthese developments by presenting naturalization as a royal prerogative. Theking, royal officials argued, could change the rules governing nativeness andnaturalization because the conversion of foreigners into natives was a regalía,a faculty that depended only on the monarch: ‘‘Because of his pure moderationand justice, the king wanted to grant it [the right to declare intentions]. Thelaws of Spain identify foreigners who should be reputed as natives, and theking could have ordered that foreigners will subject themselves to all paymentsand obligations as such . . . which would have been part of is sovereignty,’’ buthe did not. Instead, he allowed foreigners to choose the treatment that theywould receive.∞≤∂

The discussions between the king and kingdom regarding the monopoly on


office holding and the identification of foreigners in the eighteenth centurythus involved identifying but also inventing the rules allowing foreigners tobecome natives. According to royal officials, these rules were a royal creationand depended on the royal will. According to the merchants and representa-tives of local communities, they were determined by a natural law: only peoplewho loved the community and were integrated into it could enjoy the rights ofmembers. Rather than a community of vassals, the Spanish community was aconglomerate of many local communities, each with the power to convertforeigners into natives by integrating them and admitting them to citizenship.

Despite claims of royal sovereignty, some ministers expressed their fear thatthe king was not truly at liberty to decide on the conversion of foreigners intonatives. This conversion, the junta de extranjeros stated, was not just an inter-nal matter as it could affect the king’s international obligations.∞≤∑ Amongthese obligations, for example, were the ‘‘family pacts’’ celebrated in the eigh-teenth century between the French and Spanish monarchs. These pacts guar-anteed that natives of France would be treated as natives in Spain and viceversa.∞≤∏ Spanish legislation stipulating that those acting as natives were infact natives could thus be interpreted as a breach of the family pacts, as itautomatically converted all those enjoying the privileges contained in thesepacts into Spaniards, a conversion certainly not envisioned or desired by theFrench kings.

These concerns were well founded. Foreign representatives in Spain pro-tested against the new policies and claimed that Spain could not unilaterallychange the way it treated foreign nationals.∞≤π Especially vocal in this respectwas the French ambassador, who represented the largest foreign communityin Spain. The French ambassador stated that the Spanish view—which con-verted all integrated foreigners into ‘‘vassals and nationals’’ —was completelyunacceptable.∞≤∫ Nativeness and domicile were two different regimes, andeach activated a different set of rights and obligations. Although certain typesof residence could indeed prove the person’s intention to abandon the countryof his birth, such cases were limited and were not well represented in contem-porary Spanish legislation. According to the ambassador, it was essential thatSpaniards respect the ‘‘laws of the nations, as well as the ancient Spanish laws’’with regards to both nativeness and naturalization. The Spanish authoritiesrejected these claims. They insisted that the definition of the Spanish commu-nity was an internal Spanish affair and that foreign powers could not inter-vene. Each sovereign was free to establish and enforce the laws of his ownterritory. It was in the kingdom’s interest to clarify who was a member of thecommunity and who was not, and this verification was a duty of sovereignty.According to the Spanish understanding, integrated foreigners were already


disconnected from their community of birth by virtue of their integration inSpain. Because they were no longer aliens, foreign monarchs had no say intheir status and foreign delegates in Spain could not defend their interests.∞≤Ω

Conclusions

The construction of a community of natives first in Castile and then inSpain was a long historical process that depended on different interests andactors. This process involved a concern for office holding and the use of eccle-siastical benefices, and it caused a confrontation between Spanish and foreignmerchants. The same process also created conflicts between the king and thekingdom over issues of sovereignty and the right to classify people as nativesor foreigners. The construction of a community of natives required determin-ing whether nativeness and naturalization depended on natural law or civillaw, and it brought into light two different understandings of the community:one perceived the kingdom as a community of the king’s vassals; the other sawthe community as made up of individuals tied to one another and to specificlocal communities. By the eighteenth century, discussions on nativeness inCastile were extended to the rest of Spain. This extension was not void ofdifficulties, precisely because the king’s power to change the existing situationwas limited. By that period, confrontation over the identification of peopleworthy of offices and benefices was paralleled by the wish to protect localmerchants against ‘‘unloyal’’ foreign competition, and the desire to force allthose permanently residing in Spain to act as natives. It was also during thisperiod that pressure from merchant and local communities alike led the au-thorities to search for a more straightforward regime that would eliminateambiguities 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, thedistinction between foreigners and natives was still highly debatable, and inpractice foreigners could act as natives on some occasions and as foreigners inothers.

Initially representing a complex relationship between people, their lord, andthe land, by the early modern period nativeness mainly depended on the estab-lishment of a relationship between individuals living on the same space. AsJosé María 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 samegovernment feel to one another. This consideration has so much power, that itperfectly imitates nature: as one can admit adopted children to the group ofrelatives, one can also accept foreigners who legitimately established domicilein the community.’’∞≥≠ Because both birth and residence allowed people to


acquire nativeness, citizenship and nativeness were closely associated. Thisassociation was timidly present in the thirteenth century, at least according toeighteenth-century readings.∞≥∞ It became clearer in the following centuriesand was present in the striking similarities between the conditions required toobtain both statuses and in the conviction that people who were citizens werealso capable of obtaining recognition as natives. By 1716, the distinctionbetween transient and integrated foreigners stated that the acquisition of cit-izenship was the same as the acquisition of nativeness. Thereafter, foreignerswho acquired citizenship (whether formally, through the acceptance of a letterof citizenship, or implicitly through acting as citizens) were recognized auto-matically as natives. It was also during this period that both the represen-tatives of the kingdom and royal officials clearly distinguished between inte-gration, which naturally converted people from one status to the other, andformal procedures (letters of naturalization), which conferred status solely atthe will of the king. Eventually, the wish to create a clear regime that wouldclassify people once and for all led to important shifts. The presumption re-gime was abandoned, and in its place foreigners were allowed to attest theirintentions orally. This change practically suspended the relation between na-tiveness and integration, on one hand, and local communities and the commu-nity of the kingdom, on the other. Thereafter people could be transformed intonatives without obtaining integration or citizenship.

Nevertheless, the relation between citizenship and nativeness was not com-pletely abandoned. This relation was present in the writing of Pedro Fernán-dez Navarrete who in 1972, speaking about the naturalization of foreigners,described this process as one in which forasteros become citizens.∞≥≤ It wasalso present in 1805, when it was inscribed in the first Spanish law code. TheNovísima Recopilación de las leyes de España published that year stated thatthe 1716 decree (which spoke about ‘‘natives’’) fixed the circumstances thatforeigners must have in order to be considered ‘‘citizens’’ (vecinos) of thesekingdoms.’’∞≥≥ Replacing ‘‘nativeness’’ with ‘‘citizenship’’ without changingany of the conditions required in order to obtain this status, the 1805 law alsostated that both ‘‘nativeness’’ and ‘‘citizenship’’ were mechanisms of conver-sion, and that both enabled foreigners to acquire what was now called ‘‘vecin-dad in the kingdoms.’’ From a 1805 perspective, it becomes clear that lateseventeenth- and eighteenth-century developments in Castile and elsewhere inSpain eventually led to the creation of a citizenship regime for the Spanishworld. Whether conceived as vecindad or naturaleza, this regime emergedwithout destroying local definitions. Striking a balance between a larger com-munity (the community of the kingdoms) and many individual local commu-nities, it constructed citizenship as a natural membership dependent on inte-


gration and not on birthright. The community it portrayed was organic ratherthan artificial.

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 onthe margin of communal traditions, was continuously questioned. Contempo-raries presented society as a natural mechanism that could run perfectly on itsown. According to them, people could be converted from natives into for-eigners and vice versa without official intervention. A ‘‘discourse of love’’ wascentral to this argument. People naturally loved the community where theywere born, and foreigners could naturally come to love the community wherethey resided for a lengthy period and where they had established roots. Theking and the state were external to these processes. They were called to inter-vene only when problems emerged, and when conflict could not be resolvedwithin the community. In these instances they were requested to declare of-ficially that certain integrated foreigners were already natives, either to enablethem to enjoy rights or to force them to comply with duties. Indeed, it was onlywhen society’s self-regulating and natural processes broke down that royalaction became legitimate. In all other cases, the king and his administrationwere expected to do nothing, and their claim that they could and must act—for example, by naturalizing foreigners—was completely rejected.

94

5

Naturaleza: From Castile to Spanish America

Soon after the Spanish arrival in the New World, the Spanish king beganregulating the relationship between the Old World and this overseas domain. Ina series of laws dating from the early sixteenth century, the crown instituted alegal monopoly: only natives of the kingdoms of Spain could immigrate, settle,and trade in Spanish America.∞ Also, only certain certified Castilian ports—mainly Seville—could maintain contacts with similarly certified Americanports, and only Spanish ships, manned by Spaniards, could travel betweenthem.≤ In the following decades, the presence—despite these prohibitions—offoreigners in Spanish America set about an endless chain of royal decreesdemanding that local authorities locate these illegal immigrants and expel themfrom the continent.≥ As a result of these measures, whenever people wanted toimmigrate or trade in the New World, and whenever they were included in listsof foreigners to be expelled, a conflict arose that could be resolved only throughtheir formal classification as natives or foreigners.

The way discussions on the right to immigrate and trade in the New Worldcontributed to the formation of a Spanish community is to a large degree a storyuntold. Many historians have assumed that for purposes of trade and immigra-tion, nativeness was a straightforward category whose interpretation variedbecause of illegal practices or ‘‘human’’ understandings that permitted ‘‘a

Naturaleza: Spanish America 95

working compromise between justice and decency.’’∂ Other scholars presentedthe struggle to define who could engage in the colonial enterprise as a national-istic struggle, never realizing that nativeness itself was being constructed in theprocess.∑ Most campaigns to expel foreigners from Spanish America were ofinterest to historians as a source of data to enumerate, classify, and study thatcontinent’s foreign population. Earlier investigations thus made no effort toanalyze why certain people were classified as native while others were not.∏

Yet, as in Castile and Spain, the category of ‘‘natives of the kingdoms ofSpain’’ as implemented in Spanish America and by the colonial institutionsresiding in Spain was a highly complex social and legal construct. Especiallystriking in Spanish America was the importance of commercial interests andthe agency of merchants and merchant associations in the classification ofpeople. Because of this agency, naturalization by integration (prescription),which was so common in Castile, disappeared. In Spanish America, foreignerswho wished to be treated as natives in order to immigrate and to trade inSpanish America had to obtain a formal naturalization letter. The legislationthat sanctioned this disappearance, however, failed to eradicate naturalizationby integration. Even after its enactment, integration still served as a measureagainst which foreigners were judged. In addition, a new regime was instituted(composición) in Spanish America, one that allowed integrated foreigners toremain in the continent despite the illegality of their presence.

Another important difference between the Castilian and Spanish Americanviews of nativeness was the never-ending struggle in Spanish America to dis-tinguish between natives and naturalized foreigners and to restrict the priv-ileges of the latter mainly by attesting that they were not completely trustwor-thy. This struggle, which was especially important in the eighteenth century,had two different expressions. First, it led to the conclusion that, although asingle community of ‘‘true’’ natives existed in Spain and Spanish America,foreigners naturalized in Spain remained aliens in Spanish America. Likewise,naturalization in the New World could not make one native of Spain. Second,it allowed the claim that foreigners who were naturalized in Spanish Americawould never be equal to ‘‘true’’ natives.

Once again, none of these developments were clearly expressed in the laws.Perhaps for this reason, historians who examined the laws regarding foreignpresence in Spanish America generally failed to appreciate the complexity ofthese questions or to understand the meaning of legal changes introduced overthe years. They were, in fact, completely unfamiliar with debates about native-ness in Spain, the importance of legal doctrines, and the evolution of social andlegal practices in the classification of people as natives and foreigners.

96 Naturaleza: Spanish America

Natives of Spain in Spanish America

The stage upon which Spanish American deliberations on nativenessand foreignness took place was radically different from the Castilian one. InCastile, these deliberations initially centered on the development and con-tinuation of the monopoly on office holding. The king was brought into con-flict with the parliament, the cities with a vote in parliament, and individualcommunities, all of which disagreed on how to assess the suitability of candi-dates for office and on the procedures for transforming foreigners into natives.These entities debated how to distinguish Castilians from other natives of thekingdoms of Spain, as well from other foreigners. By the eighteenth century,this peninsular debate was further complicated by the claim of Spanish mer-chants and local communities against the presence of non-Spanish foreignerswho, while enjoying the rights of natives, refused to comply with the corre-sponding duties. These developments led to the demand that people eitherfully commit themselves to Spain or be expelled.

In Spanish America, on the contrary, issues of nativeness usually centered onforeigners who wished to participate in the transatlantic trade. Conflict withnatives of Spain, whose economic and commercial undertakings were pro-tected by the Spanish monopoly, was unavoidable. Most active among thesenatives were the members of the merchant guild (consulado) established inSeville in 1543.π The merchant guild was a corporation of all merchants le-gally trading in the city. Meant to serve primarily as a court for commerciallitigation, the guild also defended certain practices and lobbied for legislationto protect and favor its members. Another important agent in the SpanishAmerican discussion was the House of Trade (casa de contratación), alsolocated in Seville.∫ This royal court, charged with controlling and directing allcommunication and trade with the Indies, granted licenses-of-passage to theAmericas after investigating the identity of applicants and ascertaining thatthey were natives.Ω

Both institutions were founded in the sixteenth century, and the House ofTrade was in the beginning the more dominant. In time, however, the mer-chant guild became the more active partner. It eventually monopolized theorganization and financing of fleets and the licensing of ships, people, andmerchandise.∞≠ By the early seventeenth century, it frequently intervened indiscussions about the nativeness of individuals, and by 1633, when the crownrecognized the guild as an interested party in all decisions concerning the‘‘nativeness of people in order to trade in the Indies,’’ this intervention becameofficial.∞∞ As an interested party, the guild was notified of all naturalizationrequests and was asked to give its opinion on the nativeness or foreignness of


candidates for immigration. Its role was so preeminent that crown officialsvoiced their disappointment when the guild failed to express its view. Thisrarely happened. In most cases, the merchants responded eagerly to theirnewly acquired function and, on their own initiative, even produced lists offoreigners to be expelled from Spanish America. Whenever a person’s classi-fication was debated, individual merchants or the guild acting for them, per-sonified in the courts, wrote allegations, presented petitions, and did every-thing possible to ensure that nativeness was acknowledged in people who metwith their approval.

Most parties to the discussion on ‘‘nativeness in order to immigrate andtrade in Spanish America’’ were thus merchants, and commercial interestswere foremost on their minds. These interests could be local and have as theirgoal the classification of business competitors as foreigners. Such a decisionwould ensure the competitor’s expulsion from the Americas or disqualify himfrom participating in transatlantic trade. These interests also might includewider economic concerns, such as the wish to protect the internal market or toensure the accumulation of precious metals.∞≤

Mercantile Agency and the Identification of Natives

The effect that mercantile agency had on the Spanish American debateon nativeness and foreignness first became apparent at the beginning of theseventeenth century. Until then, the Castilian understanding of nativeness wasimplemented in the Americas, and those who qualified as natives in Castilewere considered ‘‘natives of the kingdom of Spain’’ for the purpose of engagingin the colonial enterprise. This was the explicit instruction of the crown. TheSpanish king specified, for example in 1561, 1562, and 1566, that foreigners(1) who were citizens of local Spanish communities, or (2) who had acted ascitizens of local communities, had lived in the kingdoms for ten years withhouse and property, and were married to natives, or (3) those who had come toSpanish America illegally but had then lived there for at least ten years and wereaccompanied by their wives must be considered natives (ser habidos) and mustbe allowed to reside and trade in Spanish America.∞≥ Accordingly, in the 1580s,several foreigners obtained recognition that, as citizens (vecinos) of Seville, theywere also, by extension, natives of Spain and eligible to emigrate to and trade inthe New World. For example, in 1581, Francisco de Spínola was allowed toimmigrate to Spanish America because he had resided in Seville for more thantwenty years. This residence he said, and the authorities agreed with him,accrued him the right to both vecindad and naturaleza. A similar venue wasfollowed by Rui Fernándes Pereyra, who first obtained a carta de vecindad in


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 Seville’smerchant guild, new regulations were enacted, eventually creating importantdifferences between Castilian and Spanish American practices.

Although the first indications of this separation in practices were present atthe end of the sixteenth century, it was only in the early seventeenth centurythat Seville’s guild was able to achieve important gains.∞∑ As happened inCastile 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 theavería, the tax that financed the military escort for the annual fleets fromSeville to Spanish America.∞∏ This agreement implied that the guild promisedto hand over to the royal treasury a certain sum. Theoretically the guild wascharged with collecting this money, but it would have to pay the sum whetherthe collection was successful or not. As was customary under tax farming, theguild received important concessions in return for its willingness to collabo-rate with the crown. It obtained jurisdiction over bankruptcy litigation, aswell as a decree that instructed royal authorities to stop granting foreignerslicenses of passage to Spanish America. The guild reasoned that if foreignerswere not allowed to cross the Atlantic, they would not be able to obtainnaturalization by integration there. This would put an end to naturalizationby prescription in Spanish America, as people could no longer acquire rightsby exercising them. It would guarantee the immediate cessation of the in-tervention of naturalized aliens in the transatlantic trade because foreignerswould no longer be allowed to attain the status of natives.∞π

When the guild refused to take on the collection of avería in 1598, thecrown was forced to contract with a group of individual merchants, a solutionthat turned out to be impractical and unfortunate. In 1608, when the guildwas once again willing to administer the same tax, the crown was ready tomake considerable concessions.∞∫ These concessions, enacted in 1608 andlater reproduced in the main compilation of Spanish American law (Recopila-ción de Indias), were tied to the definition of nativeness and foreignness inorder to immigrate and trade in Spanish America.∞Ω At the guild’s request, theking explicitly revoked the sixteenth-century decrees that allowed foreignersnaturalized by integration to immigrate and trade in the New World. The kingthen determined that foreigners who wished to be considered natives in orderto immigrate and trade in the Americas would be required to seek a formalrecognition of their status as natives. The Council of the Indies, which received


information from the municipality where the foreigners lived, would grantthis recognition by issuing a letter of naturalization. Before such a documentcould be issued, the council had to examine whether the foreigner resided inSpanish territories for at least twenty years (instead of the ten years required inCastile), and whether he was married and had a sufficient amount of property.

These modifications meant that from 1608 onward the path for implicit andautomatic naturalization—so common in Castile—was no longer available tothose claiming nativeness in order to immigrate or trade in Spanish America.In their case, it was no longer sufficient to prove their citizenship in a localcommunity, or to assert in any other way that they were integrated in thekingdom and thus natives. What was required, instead, was a formal letter ofnaturalization. The adoption of more stringent requirements, the merchantsclaimed, was essential to the verification of the ‘‘true intentions’’ of foreignermerchants. 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 involvingnonmerchants were sufficient to ascertain their intentions, were for merchantsalmost useless.≤≠ Furthermore, in the case of merchants, the common assump-tion was that their residence depended on their trade; once this trade wascompleted, they would leave the jurisdiction.≤∞ Rather than allowing the pre-sumptions of residence, marriage, and property to work on their own, it wasessential in the case of foreign merchants to institute formal procedures toverify 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 individualsin the Spanish American case. These procedures were designed to guaranteethat only foreigners worthy of nativeness would indeed be allowed to trade inthe colonies.

The merchant guild insisted on the strict application of these new rules, andits organs and individuals constantly stressed the differences between Cas-tilian and New World practices. They repeated that in the Americas there wasno need to distinguish transient from integrated foreigners because, in theAmericas, 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, andthe owning of property allow to consider the foreigner a native, nativenessbeing introduced by way of prescription when the requisites for it are met. Butin the Indies, marriage, property, and a ten- or even a twenty-year residence do


not produce nativeness. They only produce merits, which allow the king in hissupreme 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 Indieswas typical. The royal administration was divided by councils, each having ajurisdiction over certain matters or territories. It was thus natural that only theCouncil of the Indies could issue letters concerning the New World, and thatletters granted by other councils—for example, the Council of Castile—couldhave no effect in Spanish America. Therefore, foreigners who wanted to beconsidered 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 wasinsufficient to guarantee immigration and trade rights in the New World.Although enjoying the status of natives in Spain, in the New World thesepeople were considered foreigners.

Despite mercantile efforts, the eradication of Castilian naturalization byintegration was only partially successful. There are several indications that theviceroy of New Spain and the metropolitan authorities exchanged letters onthis issue from 1670 to 1693.≤≥ The viceroy argued that naturalization byprescription was still available to foreigners who wished to reside in SpanishAmerica; the 1608 decision should be applied only to foreigners who wishedto engage in the transatlantic trade. He saw this not only as the correct legalinterpretation of the 1608 decision, but also as a just solution according to the‘‘law of nations,’’ which admitted integrated foreigners into communities. Onthis occasion the Council of the Indies disagreed, but in 1680 its membersvoted in favor of recognizing integrated foreigners as natives.≤∂ Responding toa royal decree that criticized the council for allowing too many foreigners tonaturalize in Spanish America, the council explained that the presence offoreigners in Spanish America was indeed prohibited, but despite all effortsmany 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 lovefor their motherland, and that they established perpetuity and domicile inthese provinces, so that much of the fear and many of the disadvantagesusually associated with their temporary settlement, ceased to exist.’’≤∑

In the seventeenth and eighteenth centuries the same opinion was held bySpanish American communities that distinguished between foreigners whowere integrated and trustworthy and those who were not. On different occa-sions the councils of Santiago de los Caballeros (Santo Domingo), Cartagenade Indias (Nueva Granada), and Guayaquil (Quito) indeed asked the authori-ties to allow their foreign citizens to remain on the continent despite the


illegality of their presence.≤∏ In 1763, the local governor (corregidor) of Rio-bamba (Quito) acted in a similar way. He asked the president of the local royalcourt (audiencia) to tolerate the presence of Ignacio Verenux, a Catholic Irish-man, in the jurisdiction. Ignacio had been allowed to reside in Riobamba‘‘because he is a Catholic Irishman, because his manners and behavior did notjustify a contrary solution . . . and not ignoring the privileges that individualsof his nation who are Catholics, enjoy in the dominions of our sovereign inEurope [where they are recognized as natives].’’≤π Ignacio himself explainedthat ‘‘once I found myself distant from the danger from which I fled, and foundsecurity and tranquility in my Christian faith, enjoying this benefit for over tenyears, in which I live among Spaniards and in their lands, I now pretend andpromise to swear domicile and citizenship in the place which will be mostconvenient to me, among those included in the province of Quito. . . . Itherefore request that I be admitted to the corporation (gremio) of the Spanishnation and would be allowed to become citizen . . . without any furtheropposition or obstacles under the pretext that I am a foreigner, because Ishould not be called foreigner.’’ Ignacio was allowed to remain in Quito be-cause he was a miner, and the local royal court considered this residence‘‘useful.’’ Other nonnaturalized foreigners also argued that by virtue of theirintegration in the community they were no longer truly foreigners. In 1775,Nicolás Campe, who had been living in Spain and in Spanish America formore than ten years, was married to a Spaniard, had established a house, andhad children and property claimed that his behavior and activities naturalizedhim automatically, independent of any decision taken by the authorities.≤∫

Other ‘‘foreigners’’ in similar circumstances also asserted that a long residencein Spanish territories and services to the crown earned them both vecindad andnaturaleza.≤Ω

Naturalization by integration was also advocated by the merchants whenthey considered it beneficial to their collective interests or when they wanted toprotect a particular colleague. In 1677, the merchant guild of Seville offeredthe crown a donation in return for not investigating the foreignness or native-ness of Francisco Marqués de Granada who was a member of the corporation.In 1688, the guild did the same for a group of foreign merchants residing inSeville and Cádiz.≥≠ The merchants also agreed that it was logical to dis-tinguish between integrated and transient foreigners and they consented thatforeigners who had lived in the territory for twenty years with property, house,and family were indeed of a different quality than transient aliens. This qual-ity, which was based on the aliens’ behavior, ensured their trustworthinesseven when they lacked formal naturalization.≥∞

The idea that integrated foreigners were no longer dangerous influenced the


way the authorities implemented the new (post-1608) naturalization regime.During the seventeenth and eighteenth centuries, the Council of the Indies—which was now the only body responsible for formalizing a person’s status—continued to implement Castilian understanding regarding nativeness andforeignness. Judging the worthiness of candidates, the council searched forindications that they were integrated into the local society. The council re-mained faithful to the idea that foreigners who were tied to local communities(vecinos) were also tied by extension to the community of the kingdom (natu-rales). It also held, as did Castilian officials, courts, and litigants, that therequirements specified in naturalization laws (twenty years’ residence, mar-riage, and owning a certain amount of property) were only legal presump-tions. As was the case with all legal presumptions, it was legitimate to ignorethem if they weighed too heavily on specific candidates or, on the contrary,rested too lightly on others. As a result of such considerations, in 1743, forexample, the Council of the Indies recommended the naturalization of An-tonio Butler despite the fact that he was a bachelor. The council stated that thelegal condition of marriage could be ignored because it was a mere presump-tion and because ‘‘given his age . . . and other external acts . . . he manifestedhis constant wish to remain in Spain.’’≥≤ Antonio was a Catholic, the owner ofa large estate, and had been living in Cádiz for more than thirty years withoutever leaving the jurisdiction. He was not a ‘‘simple’’ bachelor hoping one dayto marry, nor was he married in another country. Instead, he chose to remainon his own willfully. This choice did not demonstrate that he did not wish toremain in Spain, and it should thus not bar him from naturalizing. The councilissued a similar recommendation in the case of Pablo Capitanache. Pablo wasnot married, nor had he sufficient property. Yet he ‘‘credited his wish to remainin these realms, a wish previously expressed by living in a house for over 33years and by his reception as a citizen (vecino) of Cádiz in 1739. Extrajudicialinformation assures us that the candidate is not a transient foreigner but adomiciled one, and there are sufficient reasons to believe that he will not returnto his place of origin.’’≥≥ In yet another case, Pedro Lazaleta was grantednaturalization in 1768 despite lacking sufficient property because he had livedin Spain since 1735, had married a native in 1742 with whom he had children,kept a house, and acted in all respects as a native, clearly demonstrating hiswish (ánimo) to become a member of the community.≥∂

The persistence of integration as an indication of the ability and the right offoreigners to naturalize in Spanish America meant that candidates for natural-ization in the New World engaged in arguments very similar to those invokedby foreigners in Castile. In both places it was useful to fulfill the legal prerequi-sites for naturalization, but simply meeting these requirements was neither


necessary nor sufficient to achieve one’s deserved status. What was requiredinstead was to prove one’s wish to become a Spaniard and to demonstrateone’s commitment to the local community. Following this logic, Luis Vacayaasserted in 1697 that he was already ‘‘conaturalized’’ in the community. Hehad 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 forSpanish American naturalization demonstrated that they severed their tieswith their community of origin, and they argued that they were integrated inSpain. In the words of Valerio Martino, native of Naples and merchant inCádiz: ‘‘Since the first moment, I resisted participating in the national meetingsof the Neapolitans and contributing to their association, without allowing myname be included in their lists, and having always behaved as a true Spaniardin commercial dealings, negotiations, and other activities.’’≥∏

As in Spain, Spanish American naturalization was only a formal recognitionof a situation that had been generated earlier on its own. Rather than convert-ing foreigners into natives, naturalization verified that certain foreigners werealready integrated and were thus worthy of treatment as natives. This verifica-tion required interpreting the meaning of an external behavior. Again, as inSpain, this interpretation could be consensual or it could provoke debate. TheHouse of Trade and the merchant guild often disagreed about how certainfacts should be interpreted and evaluated.≥π In these cases, although formallywhat mattered was the interpretation of the intentions of foreigners, the re-sults also depended on the balance of power between these two institutions, aswell as the role played by the Council of the Indies, royal secretaries, and theking. On occasion, the king insisted that the decision was his to make. Hedemanded a complete and detailed file on each candidate, and he asserted hisindependence by stating that he could reject the recommendation of the mer-chants, the House of Trade, and royal ministers.≥∫ The merchant guild and theHouse of Trade argued the contrary. Contesting the power of the Council ofthe Indies and even the king, they attested that only they knew who wasworthy of which treatment. Foreigners requesting naturalization in order totrade in the Indies were usually well known either in Cádiz or in Seville. TheHouse of Trade and the guild were thus best placed to examine their petitionsand attest to the true nature of their intentions. Their value as eyewitnesseswas enhanced by their capacity as expert witnesses who knew merchants andunderstood them best. Indeed, in most cases, the recommendation of the guildor 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.


Conflicts between the king and the merchant guild were not limited toarguments over who could best understand foreign merchants. At times theguild pressured the monarch to cancel all letters of naturalization issued toforeigners they considered unworthy. In the mid-seventeenth century, the guildclaimed that of 126 foreigners naturalized by letters, only 13 met the legalcriteria and only 21 others ‘‘almost did.’’≥Ω The guild was particularly militantin 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 asone of his conditions for lending the crown 1,000 escudos for the ‘‘needs of thewar 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.∂≠ Theguild insisted, as did Castilian local communities, that the king could notadmit foreigners to the community at will. It argued that, according to naturaland royal laws, only integrated foreigners were worthy of treatment as na-tives. Royal officials, echoing their response in Castile, were divided abouthow to proceed. Some ministers felt that the grant of letters to total foreignerswas so pernicious that the matter was serious enough to justify revoking allletters given in the past. Other ministers sympathized with the protest yetrecommended against revoking the letters. They determined that letters ofnaturalization were a contract between the king and the foreigners and that, asfor all other royal obligations, they could not be withdrawn unless justified bya compelling ‘‘public interest.’’ This second group of ministers recommendedthat the letters remain in force because revoking them would cause socialupheaval. However, the king should avoid granting similar letters in thefuture.∂∞

Needless to say, the king continued to issue naturalization letters to noninte-grated foreigners, and merchant opposition only served to limit the effects ofsome of these grants.∂≤ As in peninsular Spain where four different types ofnaturalization existed, in Spanish America naturalization letters often distin-guished between foreigners allowed only to settle in the continent, and thoseallowed to trade.∂≥ Because the effect of these letters was restricted to theprivileges enumerated in them, Gaspar Escalona y Agüero concluded thatforeigners allowed to reside or trade in Spanish America were not eligible forpublic offices or ecclesiastical benefices in Spanish America or in Spain.∂∂

Eventually, Spanish American naturalization letters were classified as dis-pensas, that is, as special letters including dispensation from certain legalrequirements. They were enumerated among gracias al sacar, which wereroyal grants allowing people to do things that were otherwise prohibited.∂∑


Recipients were charged different prices, according to whether they had all therequired attributes, some of them, or none at all.

In Spanish America as in Spain, the communities and merchants opposedroyal policies and insisted on natural ways for foreigners to become natives.Whereas the king wished to assert his sovereignty and to push his right tonaturalize 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 first, advocated by the king,perceived the community as a collection of vassals. The second, advocated bythe communities and the merchants, presented Spain as an association ofpeople tied to one another.

‘‘True’’ Natives and Naturalized Foreigners

Despite continuities, diverging practices did form different communitiesof natives on either side of the Atlantic. As a result of the early seventeenth-century modifications (1608), in Spanish America it became essential to verifyin each case whether the person who wanted to immigrate or trade was nativeby birth or by integration. Those native by birth, now called ‘‘natives and orig-inals,’’ continued to be considered natives in both Spain and Spanish America,and their rights and duties were identical in both jurisdictions. But thosewho were native by integration—whether through a letter of naturaliza-tion, through citizenship in Spanish municipal communities, or in some otherway—had a different status on either side of the ocean. Considered ‘‘true’’natives in peninsular Spain, they were nevertheless treated as foreigners inSpanish America. As foreigners in Spanish America, they were barred fromimmigrating and trading unless they were able to gain formal naturalizationby the Council of the Indies. The representative of royal interests (fiscal ) in thecourt (audiencia) of Lima summarized this rule in 1762: ‘‘Those born in king-doms and provinces not subjected to royal dominion and jurisdiction, eventhough naturalized in Spain because they fulfill the conditions embodied in thelaws of Castile or in other particular privilege allowing them to reside and livein Spain, as far as their ability to undertake commercial activity in the Indies,they are still considered foreigners.’’∂∏

The evolution of different procedures for constituting nativeness in Spainand Spanish America and the institution of a new distinction between nativesby birth and by integration—that is, between natives and the naturalized—provoked new instances of political and legal debate. Given the complexity ofthe Castilian regime and the Castilian conviction that naturalized foreignerswere natives rather than ‘‘naturalized,’’ it was often unclear whether certain


individuals were natives by birth or by integration. In both Spain and SpanishAmerica, people who wished to immigrate and trade in the Indies demandedto be recognized as ‘‘natives and originals’’ of the kingdoms. Their demandswere in turn opposed by the monopolist merchants, who classified them in-stead as ‘‘foreigners who were naturalized in Castile’’ but who consequentlyremained aliens in Spanish America.

One example of such a discussion can be found in the status of people bornin Lower Navarre (Navarra la Baja), which had belonged, theoretically atleast, to the Catholic kings since 1512.∂π Under French domination since1607, it was formally ceded to the French crown in 1659. In 1669, the Spanishking declared that natives of Lower Navarre were also ‘‘natives of the king-doms of Spain.’’∂∫ During the eighteenth century, however, the status of na-tives of Lower Navarre in Spanish America was highly contentious. In ques-tion was the correct interpretation of the royal decree that declared them‘‘natives.’’ Was this decree an act of collective naturalization, thus transform-ing all natives of Lower Navarre into ‘‘naturalized foreigners,’’ or was it adeclaratory act that formally recognized their previously existing status as‘‘natives and originals’’ of Spain? While natives of Lower Navarre claimed thatthe second interpretation was correct, the monopolist merchants and thecourts asserted that the contrary was true. They managed to have their way:despite their nativeness in Castile, natives of Lower Navarre were prohibitedfrom immigrating and trading in Spanish America.

Similar doubts were also raised about ‘‘sons of foreigners born in the king-doms of Spain’’ (also called genizaros). Declared ‘‘truly originals and natives’’(verdaderamente originales y naturales) in 1620, they found their statuscontested in the following century.∂Ω According to Seville’s merchant guild,the sons of foreigners were actually naturalized foreigners. As a result, theyneeded a special Spanish American naturalization if they wished to participatein transatlantic trade. The sons of foreigners fought back, contending thatthey were ‘‘true natives’’ of Spain and thus natives in both Spain and SpanishAmerica.∑≠

This debate, which originated in the early seventeenth century, became espe-cially violent at the beginning of the eighteenth century.∑∞ It confronted themerchant guild with a group of sons of foreigners resident in Cádiz, Seville,Puerto Santa María, Málaga, and San Lúcar, towns that were the main portsof the Spain–Spanish America trade network. Motivated by the petition ofsome twenty of its members, in 1719 Seville’s merchant guild complained tothe king about what it considered an illegal practice by the House of Trade.According to the information it supplied, in order to issue licenses to immi-grate and trade in the Americas, the House of Trade only required candidatesto present copies of the baptismal record that verified their birth in Spain. It


thus failed to distinguish correctly between natives and foreigners.∑≤ Especiallypainful was its disregard for the distinction between those with Spanish par-ents and those with foreign parents. This distinction was essential. In spite ofthe wording of the 1620 decree that declared apparently without limitationthat all sons of foreigners born in Spain were natives, this was not the case.Birth in the kingdom did not produce nativeness. Instead, nativeness requireda combination of local birth and a native or naturalized parent. Sons of tran-sient foreigners, even if born in Spain, could never be considered natives byvirtue of their birthplace alone; yet those born in Spain to integrated parentswere in fact Spaniards. The reason for implementing this distinction was clear:transient parents were true foreigners who, despite their presence in the king-doms, were still attached to their community of birth, as were their sons.Integrated foreigners were foreigners who had abandoned their previous alle-giance to an alien community. Their sons, if born in Spain, merited treatmentas ‘‘true’’ natives. Echoing similar discussions in Spain, the merchant guildargued that what was at stake was never the length of residence in the king-doms. A ‘‘thousand years of residence,’’ for example, could easily be insuffi-cient to produce nativeness because ‘‘neither the period of residence, nor birthgrants nativeness. Nativeness is only conferred by the wish to remain.’’∑≥ Whatwas required was some indication that the parents of the Spanish-born childhad decided to sever ties with their community of origin and remain in Spainpermanently. This was the ruling of ‘‘common law’’ and Spanish law, and thiswas common practice throughout Europe, where sons of foreigners were nottreated as natives unless born to domiciled parents.

Like their colleagues in Spain, the transatlantic merchants also criticized thepresumption regime. Residence and property were not always good indicatorsof a foreigner’s intentions as both could be motivated by personal convenienceand could be easily undone. The merchants argued that, because of the em-ployment of presumptions, many undeserving foreigners obtained their natu-ralization by simply making sure they fulfilled certain requirements. In thisway, they fooled the community into believing that they had decided to remainin Spain, which was a decision they had never made. Many foreigners whoseemed integrated in Spain were not truly loyal to the community: all theywanted was a license to immigrate and to trade in Spanish America. Amongthis number were the sons of foreigners born in the kingdom.

The Council of the Indies agreed with this interpretation. It clarified thatonly sons of domiciled foreigners born in the kingdom were natives by birth.Unlike the sons of transient foreigners, they could be allowed to immigrate andtrade in Spanish America without obtaining an independent Spanish Americannaturalization letter. Upon request, the council further specified that the estab-lishment of the parental domicile could occur after the children were born.


In the following years, the practical implications of this decision came tolight. Sons of foreigners who wanted to be treated as ‘‘true’’ natives in order toimmigrate and trade in Spanish America, had to prove that their parents wereintegrated foreigners and thus natives. Carrying the burden of proof, theywere forced to petition, from 1725 onward, the Council of the Indies to recog-nize them as true natives before they could obtain the necessary licenses ofpassage from the House of Trade.∑∂ This obligation was extremely burden-some. It involved a large investment in time, energy, and resources. Proofs hadto be collected in the petitioner’s place of birth and residence. The documentswere sent to the House of Trade, which then solicited the expert opinion of themerchant guild. Ultimately, the petition and its evidence were transferred toMadrid, where the case was decided.∑∑ When evidence was sufficient, theCouncil of the Indies declared the petitioner ‘‘native and original of thesekingdoms and allowed to engage in the Spanish American trade.’’

Once again, determining the domicile and thus nativeness of parents was acomplicated affair. The father of Juan Joseph Behic resided in Spain for someforty years, was married to a native, had children, and ‘‘had always acted as aSpaniard.’’∑∏ However, he remained associated with other natives of Francewith whom he had commercial dealings. In 1758, in the presence of a publicnotary, he formally declared that this continuing association with his formercompatriots was not personal in nature but was only for business. Accordingto him, it did not reflect on his loyalty to Spain. Was he a true Spaniard whowanted to live and die in the kingdom? Was his son a ‘‘true’’ native?

The struggle to bar the sons of foreigners from the Spanish American tradecontinued after the ruling of the Council of the Indies. In 1762, Lima’s mer-chant guild insisted that only sons of a Spanish mother and a foreign fathercould be considered true natives. On the contrary, those whose parents wereboth foreigners or whose mother was alien were either aliens or naturalizedforeigners.∑π The Peruvian authorities took a different view, certifying the rightof all ‘‘sons of domiciled foreigners’’ to trade in Spanish America. Similardiscussions also took place in Spain, where attempts to exclude the sons offoreigners from the transatlantic trade took on new forms. In the decadesfollowing the initial discussion, Seville’s merchant guild refused to admit thesons of foreigners as members, thus practically disabling them from participat-ing in the transatlantic trade.∑∫ Royal officials, who reproached this practice,declared, once again, that genizaros should be treated like all other nativeSpaniards.

The struggle against the sons of foreigners, which began by questioningtheir (true) nativeness and their right to emigrate and trade in the New World,soon shifted to questioning the privileges they should be allowed to enjoy.


Having failed to prevent their participation in immigration and trade in theNew World, the merchant guild attempted to institute a distinction between‘‘old Spaniards’’ (españoles antiguos), and all other natives, such as the sons offoreigners. It argued that an acquired naturalization could never have thesame legal and social implications as ‘‘the native and properly original native-ness.’’∑Ω The guild pointed out that the Siete Partidas established this muchwhen it declared in the thirteenth century that the most perfect nativenesswas the one obtained at birth. Deserving of special treatment much like thatgranted to a first-born child, ‘‘old Spaniards’’ should be preferred over morerecent natives. This was a sensible conclusion because Spaniards who de-scended from Spanish families were in the habit of obeying the king for hun-dreds of years and were therefore more trustworthy than the sons of foreign-ers. The representative of royal interests in the Council of the Indies agreedwith the merchants:

If one reflects on this matter, there is no doubt that a difference exists betweenoriginal natives and sons of foreigners. Original natives have always been inroyal domains, both they and their ascendants served the king, without hav-ing any foreign connections. As a result, their love is more radical and moreperfect. The sons of foreigners cannot refrain from having affection to theirorigin, affection that the law considers even more important than the affec-tion they have to their place of birth. They have their ascendants and relativesin foreign domains, to whom they look with love, which is induced by blood.Because of this affection, any ordered republic adopts this policy [that distin-guishes them from natives]. These natives [naturalized foreigners] have arelationship with foreign potencies because of family ties and friendship, andthey could communicate to them the state of the kingdom, its disposition,progress, and resolutions, which must be prohibited because it is so prejudi-cial to the common good.∏≠

The sons of foreigners rejected these claims. They stressed their commitmentto Spain and their worthiness. This commitment depended on ‘‘their birth,establishment, and other circumstances that ensured their permanence, havingnever known another sovereign, or paid another sovereign taxes, having neverknown another patria, domicile, citizenship, or settlement. They have theprerequisites of birth, establishment, and others, without ever experiencingthat any of them had revoked or returned to the dominions from where hisforefathers 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 itdetermined that privileges could not be granted on the basis of antiquity inSpain. ‘‘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


Spain, Spain having been so flooded with innumerable nations that even themost genealogical person cannot boast an origin previous to the Goths, whocame to Spain after many other nations dominated it. . . . Until now, no one hadimagined or thought to form a genealogical tree that would declare his degreeof antiquity in Spain only to obtain license to trade in the Indies.’’∏≤

Official insistence that sons of foreigners were true natives and meritedtreatment as such continued through the following decades. In 1774, respond-ing to a naturalization petition presented by Juan Andrés de Prasca, the Coun-cil of the Indies declared that Juan Andrés was already a ‘‘true native.’’∏≥ Hisnativeness did not depend on formal declarations but arose from the fact thathe was born in Spain, that his father and two uncles had resided in Spain since1720, and that both he and his father had already obtained Castilian natural-ization. In doing so, he and his other relatives demonstrated their unwaveringand permanent wish to remain in the kingdoms, a wish that was sufficient totransform Juan Andrés into a true native.

Litigants and the authorities often lamented the distinction between dif-ferent types of natives (‘‘natives’’ and ‘‘naturalized’’ or ‘‘true natives’’ andother ‘‘natives’’) and the construction of two different communities in the Newand the Old Worlds. Most of them, however, pointed out that despite somedifferences, nativeness still had the same core meaning in both Spain andSpanish America. In both places the authorities wished to examine the ‘‘trueintentions’’ of newcomers, and in both places nativeness was granted to peoplewho were loyal to the community and who wanted to establish permanent tieswith its members. From this perspective, the differences between Spain andSpanish America were similar to the variations between the practices of dif-ferent municipal communities. Although all municipalities in Castile sharedsimilar notions regarding citizenship (vecindad), each one of them invoked itaccording to local needs and understandings, thus bringing about differentconsequences. Like some municipalities, the Spanish peninsular communityfacilitated the entry of new members by granting them the status of nativeswith relative ease in order to encourage needed immigration. Like other mu-nicipalities, the Spanish American community made procedural requirementsfor those wishing to become natives extremely rigorous in order to exercisecontrol over admissions.∏∂

The Regulation of Illegal Presence

Although integrated foreigners could not be naturalized automaticallyin Spanish America, their residence and commercial activities were neverthe-less tolerated. This toleration found expression in the institution of a regime of


special grants called composición. Composición was granted through a licenseissued by the local authorities to illegal aliens residing in their district. Ratherthan consisting of a permit to remain and work in the jurisdiction, it instructedall subordinate authorities to refrain from taking action against a foreignerdespite his illegal situation, thereby inhibiting the normal course of justice.∏∑

Composiciones were irregular grants that could be revoked at the discretionof the authorities. Their bearers were limited both geographically and tem-porally. Because the particular privilege they enjoyed stemmed from a specificlocal authority, they could not exercise it outside the jurisdiction of the grant-ing body, and the privilege could expire once the grantor left office. Foreignerswho wished to migrate from one American region to another needed to reap-ply for a composición each time they moved, and the permits might not pro-tect them if the authorities launched a campaign to expel foreigners.∏∏

Composiciones involved the payment of different fees and constituted an im-portant source of revenue for the local Spanish American authorities. Yet mostimportant for our discussion is the fact that they bridged Castilian with SpanishAmerican practices. In order to receive them, foreigners were required to haveresided in the jurisdiction for a prolonged period, to own or rent a house, to bemarried to a native, and so on. This meant that composiciones were granted toforeigners who, according to the Castilian tradition, would have been consid-ered natives by integration. They allowed these foreigners to remain in thecommunity despite the Spanish American legislation prohibiting it.

The similarity between Castilian nativeness by integration and SpanishAmerican composiciones was openly acknowledged. Juan de Sosa Brito, anative by integration in Spain and living in Popayán (present-day Colombia)at the time of his application, was admitted to a composición on the basis ofhis integration.∏π The same happened to Juan Martín Puyrredas, who wasdenied naturalization in 1774 but was nevertheless granted composición thefollowing year, given his long residence and marriage in Spanish America.∏∫

Campaigns to Expel Foreigners from Spanish America

Mercantile engagement in discussions on nativeness and foreignnesswas not restricted to Spain. Guilds operated in both the New and the OldWorlds and were extremely influential in Spanish America as well, where theypromoted and conducted campaigns to expel illegal foreigners. The activitiesof Lima’s merchant guild in the 1750s and 1760s are most illuminating in thisrespect, although evidence suggests that its case was not exceptional and thatsimilar activities were carried out by merchants in Cartagena, Havana, BuenosAires, Mexico City, and Cuzco.∏Ω Lima’s guild petitioned the crown in 1759


and 1760 to launch campaigns against the presence of foreign merchants inPeru.π≠ It insisted that better control be exercised in Spain before ships leftport, and it requested authorization to investigate and prosecute merchantssuspected of foreignness. In 1761, it was charged with verifying the nativenessof people arriving in the port of Buenos Aires, and during the 1760s it collabo-rated with the viceroy and supplied him with lists of individuals to be expelledfrom the realm.π∞ Lima’s merchants also inspected ships arriving at Callao(Lima’s port) to determine if any illegal foreigners were on board.π≤

The role played by Lima’s guild in the identification and prosecution offoreigners was clear to the people it pursued. Many of them argued thateconomic competition or merchant animosity was the only reason for theirplacement on expulsion rolls. They were included in the lists because some-one, somewhere, objected to their presence for reasons having nothing to dowith nativeness and foreignness. Whether truly foreigners or not, the peopletargeted in these campaigns expected to be left untouched, and, indeed, thiswas usually the case unless a specific merchant, or the merchant community,considered them ‘‘dangerous’’ or simply wanted to eliminate them as a sourceof competition. In 1762, Pedro Vidarte blamed his misfortune on the guild:‘‘What kind of harm did I do to the merchant guild, or the commerce of thiscity and kingdom, if, since I came from Spain, I spent most of my time helpingthe most important [local] merchants?’’π≥ Pedro de la Ripa stated in 1723 thathis inclusion in the lists served the interests of particular individuals. Therewas no other reason why he, a native Spaniard, would be included in the list.His commercial rivals, who wanted to see him ruined, promoted the falseaccusation that he was a foreigner.π∂ Nicolás Campe, whose status as a nativeor foreigner was indeed unclear, suffered a similar experience in 1775 when heattempted to collect a debt from Santiago Espantoso (literally Terrifying San-tiago).π∑ Santiago, refusing to repay Nicolás, classified him as a foreigner. Thisclassification seriously compromised Nicolás’s ability to continue his commer-cial activities in the jurisdiction, and it definitely allowed Santiago to avoidrepaying the debt.

In many other cases commercial and personal rivalries—and not foreign-ness—were the true reasons for inclusion on the lists. In 1754, 134 merchantsresiding in Panama requested the expulsion of a certain Juan Cranisbrot,whom they considered ‘‘very prejudicial to the local trade.’’π∏ In 1761, theircolleagues in Lima acted in a similar vein when they protested against thepresence of Juan Valois, whom they ‘‘accused’’ of amassing a considerablefortune estimated at more than one million pesos.ππ In the same year, Lima’smerchant guild also admitted that the merchant community of Trujillo (Peru)initiated the prosecution of Juan Flores because it wanted him to leave.π∫ In


1790, a financial conflict between the Conde de Casa Jijón and his Frenchemployee in Otavalo (present-day Ecuador) was also transformed into anadministrative procedure against the rebellious worker now classified as aforeigner.πΩ On occasion, expulsion decrees were issued against people whohad lived in the jurisdiction for ten, twenty, and even thirty years withoutbeing challenged.∫≠ And because the activities of merchants were so pre-dominant in these procedures, nonmerchant foreigners had a better chance ofavoiding these inquiries. Since the same was true of aliens who were willing topromise not to engage in commercial activities, expulsion proceedings fre-quently depended on the question of whether certain people were artisans ormerchants. The expulsion of Arturo Alejandro Gordón in 1761 hinged onwhether he was a merchant (to be expelled) or a surgeon (to remain as aprofessional in Spanish America). Felix Conforto was classified as a merchantof silver and gold, but he was allowed to stay in Lima after agreeing that hewould cease ‘‘commerce in metals.’’∫∞

When individuals included in expulsion rolls contested their classification asforeigners, a judge of the royal court (audiencia) heard their case. On manysuch occasions, it became clear that proofs of foreignness were extremely frail.They might consist, for example, of the testimony of a single witness received ina secret hearing. The witness was not required to explain how he came to be-lieve that the accused was an alien. People were classified according to their sur-names, appearance, behavior, dress, or speech, and witnesses openly admittedthat their testimony was based on ‘‘public opinion’’ or simple rumors. Someemployed ‘‘commonsense’’ presumptions, such as the belief that employees of awell-known French Huguenot family must themselves be foreigners.∫≤

Yet distinguishing natives from foreigners was not a simple affair. DonVentura Mariño Barriero y Figueroa, who was ‘‘of Galician origin and a Span-ish hidalgo,’’ was labeled in 1762 as a foreigner because of the ‘‘foreignness’’ ofhis surname. When he was ordered to leave Peru, he protested to the localcourts: ‘‘I was born in the city of Cangas in the kingdom of Galicia subject tothe Catholic kings of Spain to parents notoriously qualified and known . . .both natives of this city.’’ He further claimed that the allegations that he was aforeigner were ‘‘an injury to him and his parents . . . since it suspected theirnature and nobility, which was among the best in the kingdom.’’∫≥ BernardoGarcía, a native of Valencia, suffered the same fate because of his ‘‘foreign’’pronunciation of Spanish.∫∂ Bartolomé Guillén, born in San Clemente, wasclassified as a foreigner: ‘‘One does not need, in order to know that he isFrench, 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 hiswritten-letter he has two conclusive witnesses of his foreignness.’’∫∑ In 1764,


Francisco Carte y Linze was included on expulsion rolls because his ‘‘foreign-ness is notorious, in the first place . . . because even though he speaks Castilian,he does not speak it fluently . . . and this lack of vocabulary is typical of thosewho have acquired the language in an older age.’’∫∏

All these people were later recognized as natives. In discussing their cases,the courts, royal officials, and litigants were forced to admit that cultural andlinguistic 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 ofSpain’’ because the Spanish kingdoms each possessed their own culture andlanguage.∫π Catalans were often mistaken as French, and the fate of those bornin Valencia and the Basque provinces was similar. In fact, even the identity ofsome Castilians—for example, natives of Galicia—could be questioned be-cause they did not conform to expected habits, linguistic capacities, or otherexternal traits.

The presentation of a genealogical tree was not a guarantee against persecu-tion. Ventura Mariño Barriero y Figueroa, whose case is mentioned above,went through long judicial proceedings in 1756 to prove his hidalguía (no-bility). For that end, he supplied ample proof of his genealogy and place ofbirth. The results of these proceedings were communicated to the local mer-chant guild, but only five years later, in 1761, and on a basis of a single witness,he was classified as a foreigner.∫∫

Certainty about a person’s nativeness was very hard to establish, and peoplesuspected of foreignness, third parties, and the authorities all suffered theconsequences. Foreigners could be treated as natives because no one suspectedthey were aliens, and true natives could be wrongly accused of foreignness.∫Ω

In some cases, public opinion classified the same people as both native andforeign. In 1795 Buenos Aires, different people who wished to bar José Man-uel Rebelo from the office of local judge (alcalde ordinario) classified him as aforeigner. On that occasion the local authorities explained that José Manuelwas elected to office because no one suspected that he was a foreigner. The factthat other foreigners had exercised this office was irrelevant, since they wereable to do so only because they were considered natives. Indeed, on manyoccasions the authorities confessed their permanent confusion: ‘‘Finding outtruth in this matter is very difficult, as in the Indies very few or none of thosewishing to remain there confess that they are French, English, Dutch, or ofanother nation, instead, they say that they are Castilian, Andalusians, Navar-res, or from Vizcaya, and they are careful to change their names, in case theirpatria is ever examined.’’Ω≠

But how could one prove one’s nativeness in an early modern world? Mostlitigants ended up doing what their detractors did. They enlisted their public


reputation as their aid, and they swore that their condition as natives was afact that could not be doubted. Ordered to leave Spanish America because ofhis alienness, in 1763 Bernardo García protested that despite the contraryinformation ‘‘he was a Spaniard and a native of the city of Valencia.’’Ω∞ Toback this claim, he presented to the judge commissioned to review his case inLima a copy of his license-of-passage to the Americas, which attested that hewas a ‘‘native of the kingdoms of Spain.’’ The merchant guild of Lima, actingas an interested party in the proceedings, rejected this proof. It explained thatlicenses-of-passage were not a conclusive proof of nativeness because theywere automatically given to all those allowed to sail to Spanish America.Ω≤

From a formal point of view, the license was not Bernardo’s; it was issued tothe master with whom Bernardo arrived in the New World. Many foreignersfalsified their names and genealogies in order to receive these licenses, andBernardo could well be one of them. The merchant guild explained that in thehearings it held to produce lists of foreigners, one witness declared that Garcíawas not Bernardo’s true surname, and many others attested that by ‘‘publicfame’’ he was a foreigner. The guild insisted that the burden of proof was nowon Bernardo, who needed to demonstrate that despite all these indications hewas nevertheless a Spaniard. Bernardo presented seven witnesses before thejudge. Some declared that it was ‘‘public and notorious’’ that he was a nativeof Valencia, as were his parents. Categorizing their information as facts thatneeded no proof and could not be legally contradicted (público y notorio),they protested that it was utterly unthinkable to conclude otherwise.Ω≥ Otherwitnesses met him and his parents in Valencia or saw him associate with othernatives 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-satisfied. It classified these proofs as ‘‘very weak’’ because none of the wit-nesses present in Lima could actually attest to Bernardo’s identity, birthplace,and genealogy. Bernardo had no documents, such as a baptismal record, tosupport his claim, and whatever was affirmed by way of ‘‘public knowledge’’could be contradicted by the same knowledge that attested that he was aforeigner. Nevertheless, the judge declared Bernardo a Spaniard and allowedhim to remain in Spanish America.

Similar discussions took place in other Spanish American enclaves. In 1749in Buenos Aires, Fernando Arentavegaray attempted to refute allegations thathe was French. He presented three witnesses who attested that they had methim in Cádiz and that they had always held him (lo han tenido y tienen) to be anative of either Navarre or Vizcaya. The witnesses also stated that they had nodoubt that he was a Spaniard (español ), which is why the House of Trade


allowed him to sail to Spanish America in the first place. In order to avoidfurther complications, the representative of the local merchant communityopted to consider Fernando a native and to allow him to stay in the city.Ω∂

The nature of the hearing granted to those included on expulsion roll wasunclear. According to the merchant guild, these hearings were administrativeand not judicial. They were granted by way of ‘‘grace,’’ and the authoritieswere not legally required to hold them. This implied that individuals wishingto contest their classification had no right to due process: they had no right tobe heard, to see the proofs against them, or to claim legal exceptions.Ω∑ Mostlitigants, realizing the fragility of their situation, limited their arguments toproving their nativeness or asking for mercy. Only a few litigants were willingto confront the guild on these issues. In 1723, Bernardo Coghen y Montefríorefused to defend himself against merchant allegations that he was a foreignerbecause, according to him, the merchant guild was not a party to the discus-sion. Even if it were, the guild—rather than he—carried the burden of proof.Pedro Juan de Ripa adopted a similar line of defense. As he had already provedhis nativeness in the House of Trade, he argued that the merchant guild hadneither the authority nor the cause to force him to prove his status again.Ω∏ In1764, Francisco Carte y Linze also complained against the practice of placingthe burden of proof on those accused of foreignness: ‘‘This process attempts todistinguish foreigners from natives, which cannot be done without proof andthe case cannot be decided according to the opinion of the guild only becausethe court had committed errors in the list and included in them many that arenot foreigners.’’Ωπ Accordingly, the information supplied by the merchantguild should be treated as an accusation the guild had to prove rather than onerequiring the so-called foreigner to demonstrate his nativeness.

Conclusions

Spanish American practices were both similar to and different fromCastilian traditions. On both sides of the Atlantic, integration, which wasverified by presumptions, was the main criterion for the conversion of for-eigners into natives. Also similar was the confrontation between the king andthe community, with the role of the community represented in Spanish Amer-ica mainly by merchants and the merchant association. This confrontationinvolved the questions of whether the community was natural or artificial, andwhether its constitution depended on the king or on organic processes ofintegration and convergence. Last but not least, in Spanish America as inSpain, late eighteenth-century discussants expressed a growing frustrationwith the presumption regime, which allowed foreigners either to obtain a


status that they did not deserve (in Spanish America), or to act alternatively asforeigners and natives (in Spain). As a result of these perceptions, demandswere made on both sides of the ocean for the adoption of a clearer system thatwould depend on formal declarations. In Spain, this led to the adoption of aregime that first codified the different ways people could become natives, andthen allowed foreigners to choose their own status. In Spanish America, thesame demand produced a contrary result. It first justified the suppression ofnaturalization by prescription and the adoption of a regime of naturalizationby formal declaration. It then required that authorities deciding on the natu-ralization of foreigners go beyond the verification of facts to interpret theirtrue meaning.

If similarities were important, so were differences. Whereas in Castile theevolution of nativeness and foreignness was tied mainly to office holding andto debates concerning the sovereignty of the king and the structure of thecommunity, in Spanish America this process was closely related to mercantileinterests and mercantile agency. These interests and agency were responsiblefor the legal modifications introduced in the seventeenth and eighteenth cen-turies. Yet, although in 1608 naturalization by integration (prescription) wasbanned, 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 werewilling to pay fees (composición). Yet on most occasions, foreigners weresimply left alone. Foreigners were most likely to be persecuted when they werewealthy merchants or when their engagement in the Spanish American tradeseemed unfavorable to the ambitions of individual merchants or the guilds. Inthese cases, the distinction between natives and foreigners suddenly becamemeaningful. The distinction between true natives and other natives also be-came very important because it allowed the merchants to claim that thosenaturalized in Castile were not necessarily naturalized in Spanish America andit lay basis to the claim that ‘‘old’’ natives should always be preferred to ‘‘new’’(naturalized) natives. Merchants and mercantile agency were thus crucial inthe identification and expulsion of foreigners. People were classified 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 theiralienness. Indeed, in Spanish America more than in Spain, the link betweenconflict or potential conflict on one hand, and status verification on the other,was extremely clear: there was a direct relationship between those fighting toexclude foreigners and those benefiting from this exclusion. Under these cir-cumstances, the monopolist merchants came up with new ideas on how toexclude people; those singled out for exclusion responded by defending their


rights. This conversation, often taking place between neighbors and competi-tors, lasted for two hundred years. It repeatedly utilized a discourse of thenatural love of patria, and it frequently questioned the ability of natives totrust foreigners. It was in this nexus between natural love (obtained at birthand 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 SpanishAmerica more than in Spain, the right of people to choose their communitywas reaffirmed at the same time it was repeatedly questioned.

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6

The Other: Conversos, Gypsies,Foreign Catholics, and Foreign Vassals

My hypothesis as developed in the preceding chapters suggests that thecommunity of Spanish natives in the seventeenth and eighteenth centuries wasa highly complex social and legal construction, based not on cultural or lin-guistic traits nor principally dependent on birth. Instead, it was founded on theassumption that people who wanted to live together and who were willing tocommit themselves permanently to the community had the right to considerthemselves members, both as citizens (vecinos) and as natives (naturales). Thisorganic community depended on natural processes of integration and waslimited in only two respects. First, in order to be integrated, candidates had tobe Catholics. Second, candidates were judged not solely by their individualbehavior, but also by their inclusion in certain social groups.

There were two reasons why Catholicism was a condition for membership.From a practical point of view, under normal circumstances and with very fewexceptions, from the late fifteenth and certainly in the sixteenth century, onlyCatholics could live permanently on Spanish soil. This meant that only Catho-lics could achieve the integration needed to become citizens or natives. From amore substantial point of view, the community was perceived, first and fore-most, as an association of people who wanted to live together, and member-ship in it implied the willingness to submit to a common regime. This regimewas based on an agreement on a few basic principles that could be achieved

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with foreign and nonvassal Catholics, but that was practically impossible toachieve 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 notmean that the Spanish community was defined only by reference to religion ashistorians have maintained.∞ Although Catholicism defined many of the lawsgoverning the behavior of Spaniards, and although it embodied in certainways the constitution of the Spanish community and state, Catholicism doesnot explain the appearance of both community and state.≤ The cases of foreignCatholics and converso Jews living in Majorca (Chuetas), which I review inthis chapter, demonstrate that Catholicism was indeed essential to the accep-tance of individuals into the community. It was, however, insufficient.

The second factor that limited natural processes of integration was the ideathat individuals existed as part of groups. Individuals were trusted becausethey behaved in certain ways that were acknowledged by the authorities or bycommunity members. Belief in a person’s intentions and trusting in their loy-alty could depend on individual circumstances, yet, on occasion, belief andtrust depended on group affiliation. The belief that natives were naturallydisposed 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 sufficiently 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 casesauthorities and litigants treated individuals as components of groups yet de-nied they were doing so. Such was the case of settled Gypsies and conversoJews living in eighteenth-century Majorca (Chuetas) who were rejected ascitizens and natives by invoking their individual behavior when, in fact, theirbehavior was not considered individually but instead was constructed by ref-erence to their membership in a group whose constituents, ‘‘it was wellknown,’’ behaved in certain ways. The Gypsies, born and raised in Spain, wereclassified as foreigners or semiforeigners because by definition they were notintegrated in local communities. Gypsies who were citizens of local commu-nities found it hard, not to say impossible, to demonstrate that they wereSpaniards. The same was true of Majorcan converso Jews. Because they wereChueta, individuals belonging to this group were stigmatized as heretics andwere accused of maintaining practices that rejected all association with thelocal community.

Through the Gypsies and the Chuetas we can also examine the degree towhich integration in a local community was essential to the classification ofpeople as Spaniards and foreigners. The importance of integration is further

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demonstrated by examining cases involving the status of foreign vassals of theSpanish king, which clarify the difference between a community of vassals anda community of natives, two terms that in the historiography traditionallywere associated with one another. Together, the cases I review in this chapter(foreign Catholics, foreign vassals, converso Jews, and Gypsies) reaffirm theconclusion that the community of Spanish natives was defined by reference toreligion, on one hand, and integration, on the other. They also show thatvassalage was a consequence, rather than a cause, of both. Lastly, they demon-strate how a discourse focused on integration was used to exclude people,especially on the basis of their being drawn from marginal groups.

Religion

Early modern Spaniards envisioned themselves first and foremost asChristians.≥ This vision found expression in the adoption of Catholicism as apolitical theme by kings who called themselves ‘‘Catholic,’’ a label carried byall Spanish kings beginning with Ferdinand and Isabel in the fifteenth century.∂

The Spanish crown instituted the protection of the ‘‘true faith’’ as a socialideal—as expressed by the reconquest and the military orders—and fought topreserve and augment the Catholic world.∑ The importance of Catholicism tothe construction of Spain justified the persecution of religious minorities andthe 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 andsanctifies the alliances, the contracts, and even the society itself.’’∏ Religionsupplied Spaniards with a moral code, a prescription for behavior, and a key tounderstanding the world. These codes, behaviors, and understandings wereshared with Catholics outside Spain and thus allowed Spaniards to feel con-nected to a wider community. Spaniards frequently asserted that apparentcultural, linguistic, and behavioral differences between themselves and foreignCatholics were inconsequential. What mattered was not what separated Cath-olics from one another, but what united them.π Church institutions encour-aged the creation of this pan-Christian community and supplied a commonpatria (the ‘‘city of God’’), a common structure (the church), and a commonbureaucracy (clergy and orders).

The fact that the community of Spanish natives was by definition a Catholiccommunity was rarely discussed. It was so obvious to contemporaries and soconsensual in nature that there was no need to spell it out. Protestants couldnot reside in Spain or Spanish America unless special privileges allowed it, andin these cases they were tolerated rather than integrated.∫ No matter how longthey resided in the community, they were external and their presence was

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deemed temporary. The integration of non-Christians was impossible. It wasgenerally assumed that, after the expulsion of Jews at the end of the fifteenthcentury and of the Moors in the beginning of the seventeenth century, onlyChristians could live on Spanish soil. This understanding was so socially em-bedded that the Catholicism of natives was mentioned only as an axiom.Seville’s merchant guild employed the qualification of Catholicism in the1720s to argue that not all sons of all foreigners were natives (chapter 5).Ω Themost obvious and necessary disqualification for nativeness was to be the son ofa heretic, Jew, or Muslim, who, even if born in Spain, could never be consid-ered Spanish. This argument was used to demonstrate that important excep-tions must be made to the rule allowing all sons of all foreigners to attain thestatus of natives.

Although eighteenth-century discussants recognized the important com-monalties they shared with foreign Catholics, they nevertheless asserted thatthere was a fundamental difference between a community of faith and a politi-cal community. Alien Catholics, they argued, were the quintessential for-eigners in Spain and Spanish America. Although they were the only peoplewho could become members of municipal communities and, by extension,natives, their inclusion was not automatic. Instead it depended on the usualtests, as described in chapters 2 through 5.

Assimilation between natives and Catholics was reserved to special cases.The Siete Partidas determined that conversion was one of the methods bywhich foreigners could obtain their naturalization.∞≠ This idea, that non-Catholic foreigners could become Catholics and natives at the same time andby virtue of a single act, was also included in the 1716 decree that distin-guished transients from integrated foreigners (chapter 4). In both instances, itwas reasoned that conversion could produce nativeness because it was a formof birth. Indeed, conversion designated a spiritual rebirth that was more im-portant than the biological birth.∞∞ Despite these affirmations, in most cases,rather than constituting people as natives, conversion simply removed a signif-icant legal impediment for naturalization. It allowed people who already re-sided on Spanish territory and who were practically—although not theoreti-cally—integrated into the community to be recognized as both citizens andnatives. This idea that conversion was not an independent mechanism of natu-ralization, but was instead a final factor in the complete integration of individ-uals already present in the community was clear in the documents I consulted.These documents meticulously recorded the circumstances in which new con-verts lived. Rather than simply stating their conversion, they analyzed theirinsertion in the community. For example, in 1782, the royal council declaredthat Samuel Manning was a native of Spain because he had resided in Bar-

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celona for thirty-three years and because he had converted to Catholicism in1765, married a Spaniard, and was the father of several children.∞≤ In 1803, aforeign convert residing in Santa Fe (present-day Argentina) received a similartreatment. In reviewing his case, the local authorities specified that this for-eigner was educated in a convent and than converted to Catholicism. He washard working and truly acted as a Catholic, attending mass daily.∞≥ Theyopenly suggested that his conversion to Catholicism was motivated by hiswish to live among Spaniards, a life that was impossible without embracingthe faith: ‘‘he reconciled with the church in order to live among us . . . and if hewill return to his [original] land, he will be rejected.’’ From the authorities’point of view, conversion constituted a legal presumption. It proved that theforeigner wished to integrate into the community, and it guaranteed his inten-tion to remain permanently because, given his conversion, he could no longerreturn to his native land. Indeed, even in cases of conversion and despite thewording of the laws, candidates were still assessed across the range of theusual tests of integration.

Catholicism and the opportunity to achieve nativeness were also closelyassociated in cases of persecuted Catholics, who were invited to Spain, andpromised the status and treatment of natives, by the royal authorities. In 1701,1703, and 1734 such orders were issued for the reception of Catholics fromEngland, Ireland, and the Netherlands. These Catholics could be granted nat-uralization as soon as they arrived in Spain.∞∂ Privileged over all other for-eigners, whose naturalization was conditioned by integration, they merely hadto present a copy of their baptismal record to be recognized as natives. Thepreferential treatment they received was attributed to their suffering religiouspersecution. This suffering was mentioned in legal and administrative records,but it was also invoked by the immigrants themselves. Requesting permissionto remain in Spain and to achieve recognition as Spaniards, these individualstestified that they immigrated to Spanish territories in order to practice theirreligion freely. Martín de Liñane was a clergymen who had preached in Irelandwhen, ‘‘experiencing persecution by heretics,’’ he returned to Spain.∞∑ In 1763,Ignacio Vereux claimed that he had decided to live in Spain ‘‘once he foundhimself distanced from the danger from which he escaped and had obtainedthe safeness and tranquility in his Christian profession, enjoying these privi-leges for the ten years in which he had lived among Spaniards and in theirlands.’’ He also specified in a second petition that ‘‘in addition, religion andnatural law should favor a person who is a Catholic, but especially one whosince he was young has been struggling to avoid contamination by the dif-ferent heretic sects to which he was exposed in a kingdom and nation whichare Protestants.’’∞∏

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Some petitioners suggested that their Catholic faith made them immediatemembers of the Spanish community because the Spanish community was firstand foremost a community of faith.∞π Accordingly, the laws that declared them‘‘natives of Spain’’ simply recognized their previously existing condition asnatives by virtue of Catholicism. As a result, they were ‘‘true and original’’natives, rather than naturalized foreigners, which meant that they should beable 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 becauseSpain in Europe wished to guarantee that Catholics could freely practice theirreligion; however, this naturalization did not make them ascribed members ofthe community.∞∫ Persecuted Catholics who wanted to immigrate and trade inSpanish America needed a Spanish America naturalization letter and, if theywished to continue their residence in Spain, they had to choose whether theywanted to be treated as integrated or transient foreigners.∞Ω

Although Catholicism alone was not sufficient to turn foreigners into na-tives, not adhering to this faith could bar people (who otherwise would beconsidered natives) from integrating into the community. One example is thestatus 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 inMadrid and requested an end to their isolation and discrimination.≤≠ Accord-ing to their plea, they were excluded from most offices and occupations, hon-ors, and privileges enjoyed by all loyal vassals and native Spaniards. Thisdiscrimination was motivated by their classification as ‘‘Chuetas,’’ a classifica-tion that alluded to their Jewish origin. The Chuetas insisted that they had beenloyal vassals of the king and good Christians since 1435, the year their fore-fathers converted to Catholicism. As had other conversos before them, theyargued that postconversion discrimination must cease. Humanity in its en-tirety descended from either Jews or Gentiles, and many Spaniards were ofJewish 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, andexemplary in their conduct. In short, as natives of the land and vassals of theking, they were true members of the community and merited equal treatment.

Asked to give their opinion on this petition, the authorities of Majorcaexpressed their opposition and concern. Although the local royal court (au-diencia) could not justify the discrimination of the Chueta on legal grounds, itnevertheless explained that anti-Jewish legislation dating from the preconver-sion period (thirteenth and fourteenth centuries) could be applied in this case if

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Jewishness were interpreted as a category defining descent and not religiousbelief.≤≤ Discrimination was also legally permitted by the rules of individualguilds, which used limpieza de sangre categories to exclude those of Jewishdescendant from membership. These rules were a practical necessity. Experi-ence demonstrated that mixing Chuetas with ‘‘pure-blooded’’ Christians in asingle professional association was disruptive. Those of pure blood resentedthe presence of the Chuetas, and the Chuetas formed alliances among them-selves that dominated the work of these associations. Other practices, such astheir exclusion from office holding and confraternity membership, and theunwillingness of Spanish Catholics to intermarry with them, were based onthe general opinion that many Chuetas still secretly practiced Judaism. Thisopinion was confirmed when on several occasions individual Chuetas werecondemned by the local inquisition as crypto-Jews ( judaizantes). The royalcourt also argued that the Chuetas’ disbelief was hereditary, and that it wasacquired through descent. Thus, the Chuetas were substantially different fromother converts and could never become true members of the community. Thecourt also held that, even if the Chuetas were right and the discrimination wasunjust and illegal, its practice must nevertheless continue. The redemption ofsome 300 Chueta families was not important enough to justify offending theperceptions and sensibilities of the 30,000 families living in Majorca. Thecourt also resented the allegation that most Spaniards descended from Jewsand called it ‘‘an audacious folly.’’≤≥

The city council of Majorca and the representatives of the kingdom soonfollowed suit. They stated that they could not trust the Chueta, either re-ligiously or socially. Jewishness, they argued, was a genetic, not a religious,trait. The only way to guarantee the good behavior and usefulness of theChueta was by exercising control over them. The Chuetas were not loyalbecause they loved the king and the state, but because they feared retributionor because their relation to the community was useful to them in some way orthe other.≤∂ Their character and nature were unalterable. Despite efforts tochange them, and despite their apparent conversion, the Chuetas persisted intheir offensive ways, accustomed to lying and permitted by their religion ofdescent to break their oath. It would be humiliating to all other vassals, eventhe most miserable among them, if the Chueta were granted equality. Such agrant would add nothing to the state because there were already sufficientnumbers of people who loved the state and were willing to serve it. Last butnot least, discrimination against conversos was practiced everywhere in Spain,but only the Chuetas, because of their particular audacity and disloyalty,dared to challenge it.

The representative of royal interests (fiscal ) in the Council of Castile, PedroRodríguez Campomanes, was appalled when he received the facts of this

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case.≤∑ Declaring that both legislation and legal and political theory favoredthe petition of the Chuetas, he also explained that all states must strive to unifytheir inhabitants and mould them into a single body. In this case, nothingstood in the way of unification except the aversion of the inhabitants of Ma-jorca for the Chuetas. This aversion was bad for the state and completelyunjust; it must be immediately reversed. Suspecting that his recommendationwould be bitterly resented, Rodríguez Campomanes suggested a second roundof consultations with the authorities of Majorca. In response to his invitation,the authorities sent different pleas to Madrid in the following months. Theecclesiastical chapter and the university requested that the monarch place thewell-being of the local community above that of the Chuetas. They insistedthat the Chuetas were not true Christians and that they could not be trusted.They also personally attacked the six deputies appointed by the Chuetas torepresent them in Madrid, claiming they were all crypto-Jews.

The pleas for continued discrimination fell on deaf ears. In 1775, RodríguezCampomanes clarified once again that the discrimination of the Chuetas wasillegal and unjust.≤∏ Descent was irrelevant to the classification of royal sub-jects as ‘‘good’’ or ‘‘bad’’: guilt could not be inherited, and individuals couldnot be stigmatized by their family genealogy. The discrimination of the Chue-tas severely obstructed the social, economic, and political progress of Majorcaand had to be remedied for the island’s sake. The Council of Castile agreedwith this analysis. In 1778, it condemned the discrimination of the Chuetas as‘‘contradictory to reason, to evangelical and political law and to the well-beingof the state and the city of Palma.’’≤π It reprimanded the local authorities forhaving adhered to their practice for such a long time and for having supportedthe popular misjudgment instead of correcting it.

Only two ministers voted against this decision. They did not deny its legalfoundation, but they expressed concern about its political consequences.Treating the Chuetas as ‘‘original Christians’’ (cristianos originarios) could‘‘light a violent fire and a nonextinguishable hate.’’≤∫ This hate, which waslegally unjustifiable, was nevertheless socially understandable. The Chuetaspromoted it by continuing their heretic practices and by mocking Christianityand Christian dogma, and also by their exclusionary social practices. Theyseparated themselves from the rest of society and acted as an independentcorporate body. Their transformation into truly good and useful citizens andinto true natives could be achieved only by breaking their internal solidarityand by forcibly integrating them into mainstream society. The two ministerssuggested 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.

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An inverse plan was elaborated by the representative of royal interests (fis-cal ) in the royal court (audiencia ) of Majorca. Admitting that the Chuetaswere often loyal and beneficial subjects of the crown, the representative sug-gested transferring them in bulk to Minorca, an island recently freed of En-glish occupation and practically uninhabited.≤Ω Adopting a ‘‘separate butequal’’ solution, he expressed his opinion that in Minorca the Chuetas couldfinally be given equality without it causing a major social upheaval. Passingover these suggestions, the king agreed with the majority opinion. Grantingthat the Chueta were indeed natives, he first ordered that they were free toreside where they wanted (1782). He then allowed them to join the navy andto be employed in different occupations, as well as in different public offices(1785 and 1788). In order to diminish local opposition, the king instructed theauthorities to act gradually and to employ moderate means.

The parties to the debate never denied that the Chuetas were born in Spainnor that they continued to reside in Spain, where they wished to remain per-manently. But while the royal authorities in Madrid agreed that birth andpermanent residence justified treating people as natives, the protesters fromMajorca rejected these claims. According to them, the participation of theChuetas in the community of natives was not complete because their Catholi-cism was not sincere and because socially they were not truly integrated.

In order to demonstrate the insufficient Catholic faith of the Chuetas, theauthorities of Majorca invoked considerations regarding genetic determinismand inquisitorial records. They claimed that, according to the first, there wassomething inherent in the group that did not allow its individual members toconvert to Catholicism. Although the nature of this ‘‘thing’’ was unclear in theallegations, clarification was not truly required. The claim that Jews were‘‘abnormal’’ converts whose conversion was never complete dated from theMiddle Ages. It formed part of a traditional discourse about converso integra-tion in Spain that consistently questioned whether true conversion was possi-ble at all.≥≠ This discourse portrayed Jewishness not only as a faith, but also asa cultural trait and a genealogical classification. It consequently determinedthat Jews continued to be Jews even after they chose (or were forced) tobecome Catholics. Genealogy thus conditioned the Chuetas to heresy; heresybeing a trait people could inherit.≥∞ Yet Chuetas disbelief, the authorities inMajorca claimed, was not only dependent on their genealogy: the convictionof several Chuetas as crypto-Jews by the Inquisition offered hard proof ofthese deterministic traits. The Chuetas were not only disposed to heresy bydescent, but they were also practicing heretics.

Whereas the different authorities in Majorca espoused the traditional dis-course on conversion and heresy, and used it to argue that the Chuetas wereunworthy of the privileges of natives, the royal authorities in Madrid refused

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to follow this path. Adopting a different approach, they admitted that someChuetas might indeed have failed to be good Christians, but they concludedthat 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 sufficient indication that allChuetas were invariably heretic. Even the two ministers who voted against themajority opinion refused to surrender to genealogical determinism. Like theircolleagues in Madrid, they believed that, rather than condemned forever, theChuetas were ‘‘correctable.’’ Otherwise, there was no point in ensuring theirdispersal across Spain, no hope that, through integration, their ‘‘problem’’would be solved.

Possessing a defective faith was therefore the first argument against the in-clusion of the Chuetas in a community of natives, which theoretically includedonly orthodox Catholics. Yet, besides their faith, the Chuetas were also re-jected because of their internal solidarity ties and their subsequent isolationfrom the rest of society. According to the allegations of the local authorities,despite being born in the city and continuing to reside there, the Chuetaswere not truly integrated. Instead, they constituted a distinct group. Theythreatened society not as individuals, but as members of a foreign entity.Whenever admitted into guilds and associations, their ‘‘union, wealth, andindustry’’ 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 ministersproposed to ‘‘solve’’ the Chueta ‘‘problem’’ by forcing their integration intoSpanish 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, itwas 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 madepeople 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 earlyas 1499 and again in 1539, 1586, 1619, and 1633, Gypsies were ordered toabandon their nomadic way of life and establish a permanent domicile.≥≤

From the late seventeenth century onward, Gypsies were also ordered to pre-

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sent themselves periodically to the local authorities to register their names andplaces of residence, as well as to give information about their families, occupa-tions, and properties.≥≥ A general expulsion of the Gypsies was decreed in1695, and only Gypsies permanently residing in municipalities of at least 200vecinos and occupied in farming activities were exempt. Local authoritieswere charged with overseeing the implementation of these measures, and theywere ordered by the royal administration to conduct regular inspections ofGypsy places of residence and to collect information about their activities.Gypsies were not allowed to reside in separate neighborhoods, to use specialclothing, or to speak any language other than Spanish. Any Gypsy caught in agroup of three or more would be sentenced to death unless he denounced hisfellow 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 forGypsy residence was elaborated in 1738 and extended in 1746. A ratio was setaccording to which a single Gypsy family could be accommodated for eachone hundred (non-Gypsy) citizens (vecinos).≥∑ Gypsies were also barred fromimmigrating to Spanish America.≥∏ Repeated orders demanded their immedi-ate expulsion from that continent, alleging that their presence was detrimentalboth to the effort to convert the Indians and to the general well-being.≥π Theirpotential 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 Gypsy’s alleged vagrancy andcriminal way of life.

Why were Gypsies treated this way? According to the decrees, the aim wasto ensure that the Gypsies changed their way of life. They were to abandontheir ‘‘vagrancy,’’ as well as all traits that distinguished them from other mem-bers of society, such as clothing and language. Instead of allowing them tomaintain their isolation—which was viewed as self-inflicted—these orderswould force them to integrate into local communities and to sever the ties thatconnected 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 Gypsypeople.≥Ω If there had ever been a Gypsy nation, either it did not reach theIberian peninsula, or its members were no longer there.∂≠ Instead, in Castileand in other parts of Spain, it was believed that Gypsiness was taken onvoluntarily by people who sought out a bad life (mal vivir). These people were

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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. Likeother contemporary political communities, its members had no natural, as-cribed, or ethnic characteristics that compelled them to come together: ‘‘Thosewho are called and who identify themselves as Gypsies are not Gypsies byorigin or nature, nor do they proceed from any infected root.’’∂≤ Instead,membership in the Gypsy community depended on choice and on individualadhesion. Paradoxically, anti-Gypsy legislation also appealed to fairness. Itascertained that it was unfair that the Gypsies, who were an undistinguishablesegment of society, were allowed to adopt an antisocial behavior while othermembers 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 society’s role in stig-matizing the members of the group.∂∂ Gypsiness, the laws stated, was a self-appropriated denomination. The identification, isolation, and discriminationof the Gypsies were the sole responsibility of the members themselves. If andwhen individual Gypsies stopped behaving as they did (a thing the decreeswished to obtain), their Gypsiness would automatically disappear and theywould be integrated as full members of the community.

Despite its internal coherence, this definition of Gypsiness clashed withreality. Eighteenth-century administrative correspondence and judicial rec-ords continuously admitted this fact by making abundant reference to ‘‘goodGypsies,’’ who were citizens of local communities. Were these people reallyGypsies? Should the restrictive measures be applied against them? What could‘‘good Gypsies’’ do if they wished to avoid prosecution?∂∑ As the eighteenthcentury drew to a close, two answers emerged. On one hand, people classifiedas Gypsies could attempt to prove that, despite their initial classification, theywere ordinary natives. On the other, ‘‘good Gypsies’’ could claim that becauseof their behavior and despite their Gypsiness, they were exempt from the anti-Gypsy measures.

The reclassification of individuals initially identified as Gypsies was prac-ticed, for example, in 1745, when several families from Jerez de la Fronteraclaimed that by virtue of their citizenship (vecindad) and nativeness they wereordinary Spaniards (españoles).∂∏ Their petition was backed by the local coun-cil who declared that—on the basis of their occupation as agricultural la-borers, their usefulness to the local society, their adherence to the general codeof dress, their use of Spanish, and their dissociation from other Gypsies—theyshould be classified as castellanos viejos (old Castilians) rather than as Gyp-

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sies. Thus, people who acted as ‘‘normal’’ Spaniards and who showed no signsof ‘‘antisocial behavior’’ were indeed Spaniards, or old Castilians, rather thanGypsies. Similar affirmations 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 newCastilians, had a permanent domicile, were hard working, and paid taxes.∂π

Nevertheless, under similar circumstances, less fortunate individuals failed toobtain the desired declaration. In the 1790s, Baltazar Vargas and his familyattempted to establish a domicile in Madrid. When the city council refused toadmit them on the basis of their Gypsiness, they addressed the royal counciland requested a declaration that they were Castilians (castellanos) rather thanGypsy (gitanos).∂∫ As all other Castilians, they were free to choose their placeof residence and citizenship (vecindad), and Madrid could not refuse to admitthem. According to their petition they were Castilian rather than Gypsiesbecause they were born to parents with domicile and citizenship in Orihuela(kingdom of Valencia). They were agricultural laborers, born and raised inthat village, where their family had resided for many generations. They wereeducated to be ‘‘good people’’ and were instructed in the ‘‘mysteries of theCatholic faith.’’ They later moved to the city of Valencia, where they con-tinued in the same vein, working the land and being ‘‘useful members ofsociety.’’∂Ω Always tied to a specific local community, they had no bad repu-tation, and no one ever considered them Gypsies. In short, since they didnot behave as Gypsies, they should not be considered Gypsies. Their petitionwas denied.

Similar decisions were reached in other cases where ‘‘well-behaved Gypsies’’were classified as Gypsies despite their exemplary lives. In many such cases, theonly concession made towards these people was to allow them, as ‘‘goodGypsies,’’ to remain in the jurisdiction despite the prohibitions invoked by theanti-Gypsy measures. Francisco Vargas was a ‘‘quiet man’’ who had lived inVillafranca for more than thirty years and was one of two blacksmiths workingin the jurisdiction; he was allowed to stay in the settlement. Motivated bysimilar considerations, Veléz requested the intervention of the royal admin-istration with regard to some seventeen Gypsy families whose members wereborn and raised in the community. Motril and Cádiz expressed identical con-cerns and also sought to enable certain ‘‘good Gypsies’’ to remain in theirterritory.∑≠ In all these cases, admitting that petitioners were indeed hard-working and law-abiding members of society, both the royal administrationand the local authorities continued to consider them Gypsies. The royal admin-istration was especially inflexible, declaring that communities who wanted tokeep ‘‘good Gypsies’’ in their jurisdiction would be made responsible for their

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behavior. Since it was their personal recommendation that allowed these Gyp-sies to remain in the territory, they would be accountable for any mischief thatmight result. Overwhelmed with the flood of petitions, the royal council set ageneral rule: Gypsies who had resided in a community for more than ten yearscould remain if the local authorities considered their presence beneficial.∑∞

Why require a ten-year residence? Why allow Gypsies who had a permanentdomicile to remain in the jurisdiction? In spite of the official discourse thatcensured Gypsies for their behavior, customs, and linguistic habits, the mostessential point of contention between Gypsies and non-Gypsies was domicile-establishment.∑≤ Gypsies were considered ‘‘dangerous’’ and external to theSpanish commonwealth because of their lack of permanent ties with localcommunities. Eighteenth-century discussions stressed this point. They stipu-late that all people must be tied to an identifiable community, asserting that noone can live on his or her own (chapter 2). They argued that local citizenshipwas a condition for membership in the Castilian community and the kingdomsof Spain and that local citizenship implied, by extension, nativeness (chapters4 and 5). The conclusion that people who were not tied to local communities—such as Gypsies—were necessarily foreign to the community of Spanishnatives 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 beconsidered citizens and natives. Thus, as with all foreigners, Gypsies could beconsidered natives and be allowed the rights of natives only after they hadresided in the community for a sufficient period.

The Gypsies themselves understood the direct relation between the absenceof domicile and foreignness. In their petitions to acquire the status of cas-tellanos viejos many of them argued that citizenship and nativeness were thesame thing. They requested recognition as castellanos, even when they hadbeen born and had resided in other Iberian kingdoms. They also petitioned toreceive ‘‘local citizenship letters’’ (cartas de vecindad), assuming that once theywere 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 classified asGypsies also identified Gypsiness with foreignness: ‘‘the name that they weregiven as Gypsies was untrue, because in reality they were not Gypsies sincethey were not foreigners.’’ They argued that they were ‘‘originals of the king-doms and not of the Gypsy nation.’’∑∂ These petitioners stressed that peoplewere either vecinos and naturales or they were Gypsies: those belonging to the

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first category could not belong to the second and vice versa.∑∑ Foreign ob-servers also held these perceptions, which were shared by the legislation, theroyal and local administrations, and the Gypsies themselves. For example, in1749 the French consul in Cádiz argued that Spanish Gypsies could be consid-ered (peuvent être regardés) natives, but he asserted that they were usually notincluded in this category as long as they remained vagabonds and practicedtheir ‘‘bad habits.’’∑∏

The idea that Gypsies were both ordinary (although badly behaved) nativesand foreigners persisted throughout the eighteenth century. This duality ex-plained why ‘‘well-behaved’’ Gypsies were nevertheless considered Gypsies,and why Gypsy residence—like all other foreign residence—was ‘‘tolerated’’rather than permitted.∑π During this period, and consistent with the treatmentof other foreigners, Gypsies were identified by way of reputation. Common-sense standards—such as, ‘‘if he associates with Gypsies then he must be aGypsy’’—were very influential. Confusion and cases of mistaken identity alsooccurred. This confusion and the uncertainties that naturally arose from thedependence on reputation led the local judges of Buenos Aires to conclude inthe late eighteenth century that it was impossible to determine with certaintywho was a Gypsy and who was not.∑∫ Nevertheless, and as happened in thecases of other foreigners, many people believed that Gypsies could be easilydistinguished from other Spaniards. In 1757, the local judge of Vera expressedsuch a belief. He received information that several men with torn and dirtyclothes and dark complexions were seen in the jurisdiction.∑Ω Assuming thatthis description could fit 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, likeother foreigners, persons assumed to be Gypsies carried the burden of proof ifthey wanted to establish that they were either ‘‘good Gypsies’’ or not Gypsiesat all. Obtaining recognition as a non-Gypsy did not guarantee the same resulton another occasion. Suspicious individuals, even those who held certificatesattesting that they were castellanos viejos, were required to prove their statuseach time an anti-Gypsy campaign was initiated.∏≠

Vassalage

Medieval legal thought in Castile distinguished between vassalage andnativeness.∏∞ 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 notbe unilaterally revoked. Nativeness, on the contrary, was a political tie thatsubjected a person to a jurisdiction. This subjection could be created at birthwithout the consent of the interested party, or it could be acquired later in a

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variety of ways. Although nativeness, like vassalage, carried a series of mutualobligations, it could, unlike vassalage, be abandoned unilaterally by a nativeleaving the jurisdiction or by the king relinquishing his sovereignty over it. Inmedieval Castile, vassalage was considered an alternative, not an obligation,of all natives. The same was true with regard to nativeness. Vassals couldbecome natives if they wished—vassalage being one of the methods by whichnativeness could be acquired—but they were not obliged to do so.∏≤ Peopleliving in medieval Castile could therefore be both natives and vassals, ornonnative vassals, or natives who were not vassals, or neither natives norvassals.∏≥

The distinction yet potential interrelation between vassalage and nativenesspersisted during the early modern period. Although vassalage was no longermentioned as a method for naturalization, as was the case in the Siete Partidas,early modern conditions allowed the kings to transform their vassals intonatives by granting them letters of naturalization.∏∂ In 1740, Carlos Satoreswas naturalized because he was born in Milan ‘‘while the city was under my[the king’s] legitimate domination, his father being . . . one of my most loyalvassals and a native of the city. . . . When the said state was conquered by thearms of Germany [1707] he refused to recognize another sovereign except me,he left his homeland and, abandoning it, he came to Spain, where he estab-lished a house in Cádiz and brought his family along with him.’’∏∑ FranciscoBelcredi obtained the same privilege in 1708 because ‘‘as a loyal vassal of hismajesty, he was exiled from that city [Milan] by the prince Eugenio . . . sacrific-ing his person, possessions, and properties because of the anger of the en-emy.’’∏∏ Pedro de la Mesta won the same favor: ‘‘With the ardor of a faithfulvassal, since early age he served your royal person with all the fidelity neces-sary in military troops in the kingdoms of Spain, in the campaigns of the years6, 7, and 8 [1706–8, during the Spanish War of Succession], in the siege ofBarcelona, Lérida, Cartagena de Levante, and in other military actions thatwere needed during these campaigns, risking his blood and life in order todefend your rights and your banners.’’∏π

The idea that vassals who served the king, especially in time of war wereworthy of naturalization was prominent in many eighteenth-century petitionsfor naturalization. Some of these petitions argued not only that vassalagejustified a grant of naturalization, but that it should earn the requestor thestatus of native. According to this view, all vassals were, by extension, nativesof all territories ruled by the king. Nicolás Campe, a native of Sicily, argued asmuch in 1775 when he attested that he was a ‘‘native of the kingdoms ofSpain’’ because the Spanish king—no longer in possession of this island—enumerated among his titles that of king of Sicily.∏∫ Similarly, individuals born

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in Malta also asserted that their island was ‘‘reputed to be an aggregated partof the crown of Aragon,’’ and as a result they were ‘‘natives of Spain.’’∏Ω LuisMelloni, born in Sardinia, suggested that having been a royal vassal, he wasnot truly a foreigner. Instead, by virtue of a ‘‘certain type of justice and oldmemories’’ and because he spoke Spanish, he should be assimilated as a Span-iard.π≠ Natives of the Lowlands also participated in this debate. In the 1720sthey asserted that, as vassals who continuously served the king, they were‘‘true natives’’ of Spain (propiamente naturales españoles) rather than natu-ralized foreigners. This meant that they did not need to naturalize if theywished to immigrate and trade in Spanish America (chapter 5):

For various centuries they had been vassals of this crown and always won thefirst esteem among all subjects for the special appreciation that earlier kingshad for their country. History books would tell the merits that they had inhalting the violence of their princes, but on this occasion they must mentionthe many services that they rendered to the crown in their country and theonly slightly inferior [services] that they had done since in Castile. Their zealand service were demonstrated clearly in the happy reign of your majesty,with the contributions that they had given, as well as in their decision toabandon their patria and their interests [and come to Spain]. So peaceful andprofound were their relationships with Spaniards, that they were never calledforeigners in this land, and the Spaniards always lived in Flanders as natives.π∞

Although the king and his foreign vassals insisted that an immediate rela-tionship existed between vassalage and nativeness, the local communities, theparliament, the merchants, and some royal administrators disagreed. Accord-ing to them, aliens could not be transformed into natives by royal decree, andnativeness could not be established solely through ties with the king.π≤ Assert-ing, time and again, that a community of allegiance consisting of all thosesubject 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 kingdomsand was composed of different communities, each with their own constitu-tions, laws, and natives. Membership in one kingdom did not automaticallyproduce membership in another. This was the situation as long as the variouskingdoms and holdings were under royal domain, and it was certainly trueafter a holding was lost. As a result, natives of Sicily were deemed foreigners inSpain even when their island was still under royal control, and they clearlyremained aliens after its secession. The fact that the monarch continued toceremoniously invoke among his titles that of king of Sicily was irrelevant tothe question.π≥ The only thing that mattered were the terms under whicheach kingdom joined the monarchy.π∂ Kingdoms that were made an accessory

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(accesoriamente) part of the Spanish monarchy lost their independent politicaland legal structures, and their natives automatically became members of thecommunity of natives of Spain. Kingdoms that joined the union aquae prin-cipaliter, maintaining their separate structures, also maintained their separatebody of natives, a body external and foreign to the Spanish community ofnatives. This was not only the legal reality, it was also a just solution. Sincenatives were people who agreed to live together, only those governed by thesame legal regime should be part of the same community of natives.

Although not all vassals of the king were natives of Spain, it was clear thatby the early modern period all natives of Spain had to be royal vassals. Thisfact was so obvious and so consensual that, as with the notion that all Span-iards were Catholics, it was never openly discussed. During this period, andindependent of the reason for which it was obtained, naturalization was al-ways presented as an instance in which a foreigner became a vassal. Whethervassalage was sufficient to attain nativeness—as the king argued—or whetherintegration in the community was also required—as the local communities,the parliament, and the merchants maintained—when people became natives,they also established a relationship with the king. Letters of naturalizationclearly stipulated it, as they attested that in response to certain justifiablecauses the king was willing to admit foreigners as vassals and to treat them asnatives. Naturalization by integration indirectly implied this relationship, asthose naturalized by integration also became, in consequence, royal vassals.

The idea that people living in Spain were tied to both the community and theking clearly emerged in the late eighteenth century, when several decrees stipu-lated that integrated foreigners had to take an oath of allegiance to the mon-arch on one hand, and to pledge obedience to the laws and traditions of Spainon the other (chapter 4). Foreigners taking this oath were often confusedabout the relationships they established as a result. They frequently used theterms ‘‘native’’ and ‘‘vassal’’ as synonyms. They declared themselves ‘‘Span-iards’’ (español ) or expressed their desire to be ‘‘included in the class of Span-ish nationals’’ (clase de tal nacional español ).π∑ They asserted that they wishedto be recognized as ‘‘vassals of the crown,’’ and they petitioned for inclusionwith those who were ‘‘domiciled and vassals’’ or with ‘‘citizens of the city andnatives of these kingdoms.’’π∏ Some of them expressed a desire to enter ‘‘underSpanish protection and flag’’ (bajo la protección y bandera de España).ππ Theirconfusion was at times paired with that of contemporary Spaniards who at-tempted to classify them. Whereby most people attested that integrated for-eigners were indeed natives, some argued that they were nonnative vassals.They claimed that the community into which these foreigners integrated wasnot the ‘‘Spanish community,’’ but the ‘‘community of vassals.’’ According to

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this version, by fixing their domicile in Spain foreigners subjected themselvesto the king, but they did not necessarily tie themselves to the Spanish commu-nity.π∫ The royal administration and courts rejected these claims. They insistedon the nativeness of integrated foreigners and explained that by becomingnatives, these foreigners also took on the responsibilities of vassalage.

The distinction between vassals and natives, which provoked confronta-tions between the king, local communities, and merchants, was especiallycontentious in cases involving natives who lived in territories that were nolonger in the royal domain. Although it was clear that natives who willfullyabandoned the kingdom became foreigners, it was uncertain whether livingunder foreign occupation and being subjected to a foreign monarch justifiedthe exclusion of people from the community of Spanish natives. Such a debateoccurred over the status of Lower Navarres who, during the eighteenth cen-tury, defended their status as natives against the opposition of the monopolistmerchants, who classified them as foreigners naturalized in Spain who re-mained aliens in Spanish America. Lower Navarres were natives of a territorythat had theoretically been under Castilian domination since 1512 (see chap-ter 5). Its seizure by France in 1607 was officially recognized by Spain in 1659.Ten years later the Spanish king declared Lower Navarres ‘‘natives of Castile.’’Nevertheless, the status of Lower Navarres continued to be debated in thefollowing years. In question was the correct interpretation of the decree thatdeclared them natives: was it an act of collective naturalization or did it simplyacknowledge that they had always been natives? Favoring the second inter-pretation, which would allow them to immigrate and to trade in the NewWorld, Lower Navarres based their argument on their vassalage. They as-serted that the Catholic kings never renounced their rights in Lower Navarre,where they continued to perform ‘‘positive acts of domination,’’ such as taxcollection. Because the monarchs were ‘‘owners of their dominions and thebest authors of the boundaries of their crown,’’ it was up to them to decidewhether to acknowledge Lower Navarres as vassals and natives. Furthermore,individuals whose families had belonged to the community for more than twohundred years could not suddenly be stripped of their rights and classified asforeigners only because of a foreign conquest that they were powerless tohalt.πΩ

Natives of Rossellon, a Catalan region partially under French dominionsince 1659, voiced similar claims. As late as 1782 some of them argued thatthey ‘‘are virtually taken to be equal to the natives of Spain, or included underthe dominion of this crown.’’∫≠ Nevertheless, the courts, royal officials, and themerchant guilds continued in their refusal to equate vassalage with nativeness.They agreed that these people might still be royal vassals—if they maintained

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their allegiance to the king and if he continued to act as their sovereign—yetthey insisted that once territories changed hands, so did the membership statusof their inhabitants. In short, Lower Navarres and natives of Rossellon werevassals of the king, but they were no longer natives of Spain.

There was at least one case where these assertions were rebuffed and wherethe distinction between vassals and natives was somewhat blurred. Analyzingin the 1770s the status of natives of Minorca (ceded to Britain in 1713), therepresentative of royal interests (fiscal ) in the Council of Castile was willing toconsider them ‘‘original Spaniards’’ precisely because they were still vassals ofthe king.∫∞ Expressing the view that they remained loyal to the king—havingrefused to recognize the foreign monarch as their own or to pay him taxes—hedetermined that, by virtue of vassalage, they were also natives.

This willingness to admit natives of Minorca as natives of Spain was par-tially explained by religious considerations. England was a Protestant power.As a result, if natives of Minorca were not recognized as Spaniards, they wouldhave no community where they could freely practice their creed. This reason-ing was sufficient to admit them to the Spanish community. After all, Spainallowed complete foreigners seeking freedom from religious persecution tointegrate into the community; it should certainly do the same with vassals whowere now under the domination of a non-Catholic power. Implied in theseobservations was the assumption that natives of Minorca had to choose one oftwo options. Either they remained in their island and accepted foreign domi-nation, foreign vassalage, and membership in a foreign community, or theyleft their island and established themselves in Spain. Only in the second casewould they be recognized as original natives and their insertion in the commu-nity be guaranteed.

The relation between vassalage and nativeness was examined again in thelate eighteenth century when the status of individuals originating in Coloniade Sacramento (present-day Uruguay) was discussed. Colonia had been estab-lished at the end of the seventeenth century as a Portuguese outpost in an areawhere both Iberian crowns claimed jurisdiction.∫≤ Strategically located andserving as an important enclave for contraband trade, Spaniards saw the cityas a potential threat to their political and mercantile domination of UpperPeru. Conquered by Spanish forces but returned to Portugal on several occa-sions, Colonia was finally ceded to Spain in 1777. What was to become of thePortuguese living there at the time of its secession? The terms of surrenderstipulated that residents of Colonia willing to swear allegiance to the Spanishbanner and king could remain in the settlement or immigrate to Buenos Aires.Were they then transformed into vassals of the king or into members of theSpanish community of natives?

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This question became important in later years when these people attemptedto hold offices reserved to natives, or when they sought the right to reside andto trade in Spanish America. Natives of Colonia could be considered natives ofSpain by virtue of conquest if their homeland was inserted into Spain andsubjected to the same rights and obligations as other Spanish territories. Theycould be considered natives by integration and or by reputation if in the yearsfollowing the annexation they acted as natives and were accepted as natives.But at the same time, they could be considered foreigners if the normal SpanishAmerican laws were applied. These stipulated that in Spanish America peoplecould be naturalized only by receiving a formal naturalization letter. In thiscase, natives of Colonia would be vassals of the king but not natives of Spain.

Although the authorities invoked the distinction between vassalage andnativeness and examined the ways these people could be transformed intonatives, the natives of Colonia adopted a different approach.∫≥ They explainedthat their association with Spain was voluntary. Territorial conquest, theyclaimed, only implied domain over land. It allowed those living on the land tochose whether to remain in their old society or to become members of the newone: ‘‘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 andthe obligation that one has with society. In one word, one remains wholly andnaturally free to chose and submit to the empire and domination that hewishes.’’ Just as natives of Spain who remained in territories ceded to Portugalimplicitly accepted their new condition as Portuguese and freely chose to severties with their community of origin, so did the Portuguese who, of their ownwill, stayed in territories ceded to Spain. Indeed, nativeness depended onchoice. It consisted of the willingness to love the community, and people couldchoose whether to love one community or another. The theoretical debatepersisted while practical solutions prevailed. The natives of Colonia easilyobtained letters of naturalization in both Spain and Spanish America and wererarely asked to fulfill any requirement aside from submitting a petition.∫∂

Conclusions

Religion or vassalage alone were insufficient to transform foreigners intonatives. 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

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nativeness was based on social integration, which people achieved by estab-lishing a domicile and taking part in the life of a specific local community.Religion and vassalage also differed from one another because Catholicismwas a condition for nativeness, while vassalage was the result of nativeness.

The establishment of Catholicism and integration as conditions for native-ness justified questioning the status of people who were suspected of lackingan authentic Catholic faith or who did not appear to tie themselves genuinely,and permanently, to a local community. Individuals who fell under these sus-picions could be rejected as foreigners. The use of a civic discourse that exam-ined the citizenship and nativeness of individuals for the purpose of excludingboth the Chuetas and the Gypsies demonstrated that a process focused onintegration and elaborated in order to construct communities could converselybe used to achieve social enclosure. Discussions concerning the Chuetas andthe Gypsies also proved that, despite emphasis on intentions, which wereparticular to each individual, people were classified by reference to their mem-bership in groups. This classification reasoned that persons who belonged tocertain groups had unalterable ways of being. Familiarity with these ways ofbeing allowed the rest of society to ‘‘understand’’ the activities of the suspectgroup in a certain way and to attribute to them a certain meaning. Because ofthese preconceptions, individual Chuetas and Gypsies, however ‘‘good’’ orwise, could hardly prove that their intentions were different.

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7

The Crisis of an Empire

In 1808, the Iberian peninsula was invaded by French troops. The Span-ish king was forced to abdicate in favor of Napoleon, who instituted hisbrother Joseph as the new monarch of Spain. Many Spaniards refused torecognize 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 Fernando’s 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 shortperiod 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 juntaswere joined in a single institution, the Junta Central. This was an incompletesolution to the crisis of government: it was unclear whether the central juntaspoke for the kingdoms of Spain or whether it was only an assembly of juntaswith 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 someof the New World juntas to claim that they were equally sovereign and neednot obey the instructions of the central junta. Conservatives and royalists inboth Spain and Spanish America, who attested that the only body that couldreplace an absent king was a regency, also criticized the central junta. In1820, as French troops stormed south, meeting little military resistance, and

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as independent measures were taken in some Spanish American capitals toestablish local sovereignty vis-à-vis the central junta, the central junta dis-solved itself, leading to the establishment of a temporary regency and the call-ing of a general meeting of the Spanish people. This meeting took on a parlia-mentary form (cortes) and included delegates from both Spain and SpanishAmerica. It was held on the Isle of León near Cádiz between 1810 and 1812.

One of the first missions of the 1810–12 cortes was to enact a new constitu-tion for Spain. This constitution, the members of the central junta hoped,would enable the state to reinstate ‘‘order’’ and would regain the true charac-ter of Spain that had been lost because ‘‘our parents were incapable of conserv-ing the precious depository of liberty that their ascendants had left them.’’ Thejunta intended to use the invasion, the legitimacy crisis and the resulting powervacuum to consolidate the state, unify the laws of the different kingdoms, andreturn to the golden age that had allegedly preceded the war and royal absolut-ism: ‘‘My parents have left me slavery and misery, and I will leave my descen-dants liberty and glory.’’ These goals could not be achieved without a constitu-tion: ‘‘because one cannot build well on sand, and without fundamental andconstitutional laws, which would defend the good that has already been doneand will prohibit the bad which some attempt to do.’’≤

After two years of discussions, the Constitution of Cádiz was enacted(1812). It reflected a fragile balance between the retention of existing laws andlegal innovation, between traditional and enlightened thought.≥ In the back-ground was the French example, which most Spaniards viewed as a model toavoid. France was the invading enemy that had attempted to force on Span-iards foreign ways of living and foreign laws. Yet the French model was alsorejected because even the most enlightened and liberal sectors in Spain viewedwith horror the elimination of the monarchy and especially the attack againstthe church.

The establishment a central junta, a regency, the meeting of the parliament,and the enactment of a constitution failed to restore peace to the monarchy. Inboth Spain and Spanish America, discussions between liberals and conserva-tives continued, and many individuals refused to accept a constitution they feltbetrayed both king and religion. In some Spanish American capitals—forexample, Caracas—local juntas were established as a response to the institu-tion of the regency, and in 1811, independence from Spain and the Spanishking were formally declared.

In spite of these dramatic developments within the Hispanic world, the fateof the Spanish monarchy was once again determined by outside forces. Thedefeat of Napoleon in Europe allowed Fernando to reoccupy the Spanishthrone in 1814. He immediately nullified the Constitution of Cádiz and rein-

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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 Cádiz in 1821. The return to Old Regime structuresalso brought about a break with the liberal, autonomy-seeking Spanish Amer-ican juntas, which in the late 1810s adopted republican forms of governmentand 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 Spainstripped 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 affirm their sovereignty or even supremacy. Ter-ritorial fragmentation followed, leading to the creation of new states by wayof pacts between cities and regions.

The literature that analyzes these events usually portrays them as instancesof national affirmation that also marked the transition from Old Regime tonew liberal forms of government. In the Spanish American case, the Frenchinvasion of peninsular Spain in the early nineteenth century and subsequentdevelopments in Europe initiated wars for national independence, foughtagainst European Spaniards who were seen as foreign invaders and illegiti-mate rulers. This view of the European Spaniards was the natural result of theemergence of a distinct Spanish American identity, an identity reaffirmed dur-ing the struggle for independence.∑ Often called ‘‘Creolism,’’ it emerged inmany fields, such as culture, language, and religion. Yet it was essentiallysocial and political in orientation. In the sixteenth and seventeenth centuries,Creolism was a vehicle through which Spanish Americans expressed theirdesire for a greater local autonomy and equality with other Spaniards. In theseventeenth and particularly in the eighteenth century, it allowed SpanishAmericans to affirm their distinction from European Spaniards. By the earlynineteenth century, Creolism led Spanish Americans to seek their indepen-dence. Presented as a national or protonational identity, Creolism was used bythe nascent Spanish American states to consolidate their collective identities.∏

There were several reasons for interpreting Creolism as a national sentimentin 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 clarified) by people born in the New World.π 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 eighteenthcenturies, 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


spread to cover larger territories, which eventually coincided in many caseswith the nascent Spanish American states.Ω

While in Spanish America national affirmation was developing in opposi-tion to European Spaniards, a war of independence was taking place (1808–14) in Spain as well, but against a foreign invader. According to the litera-ture, this war marked the beginning of ‘‘contemporary Spain,’’ and it signaledthe first steps towards the construction of a liberal, national, and centralizedstate.∞≠ One of the most important legal modifications introduced during thisperiod was the redefinition of the citizen (vecino) as a ‘‘national.’’ Urbanidentity, which defined membership in the local community, thus became aguideline defining both Spaniards and Spanish citizens. And, because this pro-cess lacked historical references and because debates on modern citizenshiphad to rely on Old Regime traditions, the transition to new models was onlypartially successful. Among other things, the Cádiz legislators failed to theor-ize a national citizen as an abstract individual participating in an abstractnation. Instead, they continued to perceive the national citizen in terms of realpersons with ties to actual communities. For most historians, the continuinguse of the term vecino in debates about ciudadanos (which was the term usedin the Constitution of Cádiz), and of the term natural in debates about Span-iards, thus signals difficulty in breaking with the past.∞∞ The intention of earlynineteenth-century Spaniards was to create a modern nation with nationalsand citizens, but result fell short of the goals.

In the following pages, I address these issues by looking at the way both theSpanish and Spanish American communities defined their boundaries in thisperiod of upheaval. I show how old forms of inclusion and exclusion survivedthe crisis, not because of a failure to eradicate traditional structures, but be-cause of a deliberate wish for continuity. I also question the ‘‘national’’ charac-ter of these early nineteenth-century events and demonstrate that a discoursetraditionally interpreted as ‘‘national’’ was not truly new, nor was it intendedto construct a new type of community. In Spanish America, a Creole discoursegained importance in the late eighteenth century and during the years of impe-rial crisis. This discourse, however, was not ‘‘nationalist.’’ It strove to demon-strate that Spanish America was an independent kingdom within the struc-tures of the Spanish monarchy; that is, it was an independent kingdom withinthe kingdoms of Spain. As such, its people were eligible to enjoy a monopolyon office holding, and they could not be subjected to other Spanish kingdoms.The independence Creoles sought was from Castile, not from Spain. Thisindependence, which had no legal precedent, was argued by reference to natu-ral law. It adopted the distinction between permanent residents and transientforeigners in order to explain how people who legally belonged to the same


community (European and American Spaniards) could nevertheless be distin-guished from one another. The adoption of new structures by virtue of naturallaw allowed Creoles to present their community as a political community,which, as with all other (Spanish) political communities, was not based onbirthright but depended on mutual ties of love and integration. Yet preciselybecause it was dependent on natural law, the external boundaries of this newcommunity were ill defined and had to be reconstructed in the early nineteenthcentury and beyond.

While this was happening in Spanish America, in Spain, the Constitution ofCádiz adopted a definition of Spanishness and Spanish citizenship that wasbased on seventeenth- and eighteenth-century discussions regarding vecindadand naturaleza. Rather than defining the nation in cultural, linguistic, or eth-nic terms, the constitution described Spaniards as people permanently residingon Spanish territories in both the Old World and the New. It included orexcluded people from this community by reference to the traditional distinc-tion between permanent members and transient foreigners. This distinctionallowed the inclusion of Indians—who were truly native to the region—andthe exclusion of Africans—who were brought there against their will—fromSpanish citizenship. Clearly, even in the early nineteenth century, inclusion andexclusion were still carried out without mentioning commonalities other than‘‘love’’ and commitment to the community. Furthermore, if the constitutionrepresented a break with the past, it did not necessarily indicate the coming ofa new era. More than anything else, the constitution marked an effort tocodify a long-standing tradition and to transform a complex system of classi-fication and status attribution into a clear, unequivocal regime based on legis-lation and formal declarations. This effort, however, had begun earlier (chap-ters 4 and 5).

The Spanish American Scene:Making European Spaniards Foreigners

The antagonism between European and American Spaniards can betraced back to the sixteenth century, when sons of conquistadors claimedeconomic, honorary, and administrative rewards for the services their familieshad provided to the crown during the conquest period.∞≤ Claiming that theywere beneméritos, literally that they had ‘‘good merits,’’ these people specifi-cally requested preferential treatment over the new immigrants who had onlyrecently arrived from Spain. During the next two centuries, the antagonismgenerated by competition between old and new immigrants became a per-manent feature of Spanish American life. It was noteworthy in the religious


orders, where old immigrants (American Spaniards) and new immigrants(European Spaniards) competed for office, and it eventually extended to astruggle regarding the allocation of ecclesiastical benefices and municipal of-fices.∞≥ European Spaniards asserted that Creoles were unworthy for officebecause they were born into a different climate, which caused physical andmoral degeneration, because many of them were mestizos or at least had someIndian influence, and because their loyalty to Spain was incomplete. Creolesresponded to these allegations by affirming their Spanishness and thus theireligibility for office.∞∂ This discussion began in the seventeenth century andbecame especially important in the eighteenth century after the Bourbon kingsdeliberately limited the role of Creoles in the management of local affairs.∞∑

Yet what Creoles mainly resented was a series of seventeenth-century deci-sions that prohibited Spanish Americans from holding offices in their nativejurisdiction. These laws clearly favored European Spaniards, who were notonly allowed to hold offices in Spain but enjoyed the same right in the NewWorld. Indeed, rather than instituting a monopoly on office holding that fa-vored natives, as was the case in Spain, in Spanish America the laws favored amonopoly by foreigners.

During the seventeenth and early eighteenth century, Creole eligibility foroffice was argued by stressing the Spanishness and loyalty of Creoles: theywere ordinary Spaniards who merited the rights enjoyed by all other nativesand vassals.∞∏ People should not be discriminated against because of the terri-tory or kingdom where they were born, and immigration to the New Worldcould never extinguish the original blood privileges (originarios privilegios desangre) of Spanish Americans. Despite their birth and residence in the NewWorld, Creoles still belonged to the kingdom of Castile, with which theyformed a single body politic (cuerpo político) and whose privileges they hadthe right to enjoy.∞π Because Creoles were qualified and faithful vassals, andbecause they were Castilians, they were worthy of equal treatment. As wastrue for all other Castilians, they could be employed in local offices.

This Creole stand accurately reflected their rights in the current legal situa-tion. By law, the Spanish American domains were an extension of Castilianterritory and, by law, natives of Spanish America, even if their families origi-nated in a non-Castilian kingdom, were Castilians.∞∫ Castilian law and Cas-tilian institutions operated in Spanish America, and, theoretically at least,there was no legal instrument that distinguished Spanish Americans fromother Castilians.∞Ω Under these circumstances, demand for equality with otherCastilians was both comprehensible and justified. Yet, by the mid-seventeenthcentury, and particularly in the eighteenth century, Creole demands for eligi-bility for offices in Spanish America were accompanied by the call to institute


in their favor a monopoly on office holding.≤≠ Because a monopoly on officeholding was always tied to nativeness, it was essential to claim that Creoleswere natives of the jurisdiction, whereas all other Spaniards were not.

Writing in 1667, Pedro de Bolívar y de la Redonda forcefully argued thatEuropean Spaniards loved Spain rather than Spanish America. Unlike native-born Spanish Americans, or persons who were raised, or studied, or lived inSpanish America, or who had acquired citizenship (vecindad) in it, Spaniardsborn in Europe could not be interested in its welfare. They considered SpanishAmerica a foreign land, and they maintained their loyalty to their originalcommunity, where their families continued to reside and to which they longedto return. Although European and American Spaniards were formally nativesof the same kingdom and vassals of the same king, in Spanish America Euro-pean Spaniards were ‘‘newcomers’’ (advenedizos) and ‘‘outsiders’’ (estraños).Even in the best of circumstances they could only be viewed as adopted, notnatural, children of the land.≤∞

Some sixty years later, Juan Antonio de Ahumada added to this argumentby clearly stating that European Spaniards were transients in Spanish Amer-ica.≤≤ They were different from Spaniards who were born, had been educated,had studied, and had fixed their domicile in Spanish America because, unlikethese people, European Spaniards were not citizens (ciudadanos). They lackedcitizenship because they had no domicile in the jurisdiction, and as simpletransients (peregrinos), they only merited treatment as guests. The city ofCaracas made similar allegations in 1796. Its authorities distinguished be-tween noncitizen (no vecinos) European Spaniards, on one hand, and nativesand citizens of the city, on the other.≤≥ Explaining that European officials whowere noncitizens knew very little about their community, the local councilinsisted that their condition as transients meant they cared little for its welfare.As people who considered Caracas a place of passage (posada), they onlywanted to acquire sufficient property to return to their native land. Becausethey had no need to remain in the jurisdiction of Caracas, they did not care ifthe country was destroyed. Natives and Spanish citizens (vecinos españoles),on the contrary, linked their future to Caracas. As people who were married inthe jurisdiction and who possessed property there, they attempted to live inpeace with one another.

The idea that the Europeans were transients, whereas Creoles were citizensof the Spanish American communities, led to the classification of Creoles as‘‘natives’’ and European Spaniards as ‘‘foreigners.’’ Writing in New Spain atthe beginning of the nineteenth century, Servando Teresa de Mier suggestedthat Creolism was the attribute of people who identified with America ratherthan with Spain.≤∂ He included among Creoles those individuals who had


immigrated to Spanish America from Spain and had lived there most of theirlives, shared the local customs, married native wives, acquired properties inthe jurisdiction and who were in all other ways ‘‘well rooted’’ in the continent.According to him, these factors indicated that these individuals transferredtheir loyalties from Spain to Spanish America. They learned to love theiradoptive community, and this love eventually became as strong, or evenstronger, than their love for their community of origin. Spaniards who haddecided not to return to Spain but to reside permanently in Spanish Americawere therefore Creoles. Their decision to do so could be inferred, Teresa deMier 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, first and foremost, on individual integration in a local community(citizenship), and it specified that this integration also transformed people intomembers of a larger community (the community of natives). Like all otherforeigners, European Spaniards who immigrated to Spanish America couldundergo a civic conversion. This conversion required that they abandon theirprevious condition as European Spaniards and become American Spaniards.European and American Spaniards were thus placed in opposition to oneanother, and individuals were either European, or they were American. Amongother 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 intoSpaniards and then classified these persons as ones who had ‘‘naturalized.’’ Heconcluded that the Creole community was formed and maintained by the freeassociation of people. What really mattered was not where an individual wasborn, 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 inBuenos Aires. It was then argued that the political community had two typesof members: some members were ‘‘natural,’’ while others were ‘‘members byadoption.’’≤∑ Among the first were individuals born in the province; among thesecond 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 one’sown. These attitudes could be demonstrated by giving the community per-sonal as well as financial services, observing the local laws and customs, andrespecting the local government. European Spaniards who truly transferredtheir loyalty from their community of birth to Buenos Aires would be wel-


comed as members of this community.≤∏ Indeed, the patria was not a place ofbirth; instead it was a community to which one belonged.≤π

But how could the Creole community be distinguished from the Castiliancommunity if Spanish America was formally and legally integrated within thelater? The need to create new boundaries and to insist on an independentSpanish American citizenship and nativeness dramatically influenced the Cre-ole discourse. Instead of simply reproducing the existing legal categories, asearly as the middle of the seventeenth century Creoles claimed that naturallaw, as well as divine law and the law of nations, distinguished between peopleborn 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 differentcommunities, each with its own laws, institutions, and natives. All Spaniardswere tied to the monarch, but they were foreigners to one another. This realitypersisted even if civil law did not recognize it. The conclusion was clear:because Spanish America was a territory with its own traditions, laws, andinstitutions, 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 wasnever truly resolved). This independent existence was supported by naturallaw, and therefore it could not be denied.

Since the power of civil law does not reach the sphere of natural effects, weexperience that sons of the Old Spain are foreign to the New Spain, even if thisis not recognized by civil law. Among these natural effects we include, withmuch reason, the love that people have to the land in which they were bornand their lack of care to all others, these motives being two solid principlesthat argue in favor of granting offices 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 influencing the inclination of a man. When theyare exiled to this distant land to serve an office, they do not change theirnature, nor do they become insensitive to the impulses with which they wereborn. Because of these impulses by necessity they do not lose sight of nor[discontinue] attention to their own people by being here, and because theywish to consult and help them (if not enrich them), they regard themselves astemporary in America, and they wish to return to the quietness of their patriaand the comfort of their home.≤Ω

As long as European Spaniards did not make a deliberate decision to changetheir political and emotional adhesions, they remained European and thus


foreigners in Spanish America. Whether legally classified as natives or not,their true and natural condition as foreigners disqualified European fromholding offices in Spanish America.

Writing in 1792, Juan Pablo Viscardo y Guzmán clearly espoused this the-ory. Explaining that Spanish American vindication was an ordinary vindica-tion within Hispanic structures, he compared the status of Lowlanders inCastile to that of Castilians in Spanish America. In the early fifteenth century,Castilians rejected the penetration of Lowlanders into their territory because,although they were vassals of the king, Lowlanders were deemed foreigners.The same could be said now with regard to European Spaniards in SpanishAmerica. Although European Spaniards were vassals of the king, they wereforeigners in Spanish America and should be excluded from offices reservedto natives.≥≠

Once the Spanish American community was instituted as a separate Spanishkingdom and European Spaniards were classified as foreigners, Spanish Amer-icans became exclusive candidates for office holding. This monopoly was‘‘part of divine and natural law as printed on human hearts.’’ It was an ‘‘an-cient law, also recognized in Castilian legislation and applied by both pope andking.’’ It was a law that was followed in all the Iberian kingdoms and wasadopted by all nations because it replicated ‘‘simple principles that were partof human reason.’’≥∞ Based on natural law, the monopoly on office holding, aswell as the identification of Spanish Americans as the only people who shouldenjoy this monopoly, could exist despite the absence of supportive legislation.

Late eighteenth- and early nineteenth-century Creole claims thus embodieda struggle against the inclusion of Spanish America in Castile. Although Cre-oles identified this inclusion as a breach in the ‘‘ancient constitution’’ of Spain,such was not the case.≥≤ Rather than maintaining the status quo, Creole dis-course advocated a change that amounted to a new interpretation of the Span-ish state. Instead of accepting their status as Castilians—a status that theyonce embraced and even forcefully defended—Creoles now claimed member-ship in an independent Spanish kingdom or kingdoms. They thus placed them-selves in opposition to Castile, rather than Spain.

Creole vindication of a separate kingdom or kingdoms within the Spanishstructure was laid out clearly during the 1808–14 crisis. After the abdicationof the Spanish king and the French occupation of Spain, the Spanish Americancommunities and their representatives in Spain constantly insisted that theywere subjected not to ‘‘Spain,’’ but to the Spanish monarch. The EuropeanSpanish kingdoms, which included Castile, could not exercise power overthem because once the king was gone, the Spanish American community wasas sovereign and as free as they were.≥≥ This enabled Spanish Americans to


freely decide whether to obey the central junta, the regency, or the parliament.Contrary to accepted wisdom, Spanish Americans were not fighting simply forequality. During the crisis, Spanish Americans affirmed their uniqueness andstressed their refusal to follow the path taken by other Castilians. All thishappened without Creoles ever negating their Spanishness. In the words ofCamilo Torres, recorded in 1809: ‘‘We are as Spanish as the descendants ofDon Pelayo and, because of it, we are worthy of all distinctions, privileges, andprerogatives as the rest of the nation.’’≥∂ Or, as one of the Spanish Americandelegates to the cortes of Cádiz proclaimed: ‘‘We Americans, as sons of Euro-peans, suckle from birth a love of the peninsula, and since childhood we calland consider ourselves its children. Its names and the names of its town andvillages sound well to our ears, and we are not only Spaniards, but we areproud of being ones.’’≥∑ As happened before, Spanishness also meant entitle-ment to office. Yet the question of how Spanish Americans could be eligible foroffices in Spain (as they demanded) while peninsular Spaniards were excludedfrom offices in the Americas was never confronted.≥∏

The most problematic aspect of this Creole discourse was found in the ill-defined borders of the new, natural community it instituted. In some cases, thiscommunity seemed to embody the entire American continent, as the con-frontation between ‘‘American’’ and ‘‘European’’ Spaniards would indicate. Inothers, the boundaries enclosed possibly a vice-royalty, a province, or even asingle city. This lack of clarity was possible because the new kingdom wasinstituted by natural and not civil law. This allowed those proposing it toignore formal definitions and boundaries and to place emphasis instead on the‘‘natural ties’’ that united people who loved one another. Most such ties werecreated through daily association and were instituted by residence and integra-tion in a specific local community. This would indicate that Creolism was amunicipal 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 andSpanish America integration in a local community was always, by extension,an act of integration into larger structures, such as the kingdom.≥π Love of thelocal community and citizenship could thus lead to nativeness. But nativenessof what?

The question of scope thus remained unsolved. This was evident in theparliamentary debates in Cádiz, where Spanish American delegates disagreedabout what constituted a political unit worthy of representation and self-government. The boundaries of the new natural community were equally frailduring the Spanish American wars of independence. In some cases, these warswere not fought against a European power but instead pitted Spanish Ameri-can communities against one another.≥∫ Each community struggled to assert


its autonomy, and in some cases its supremacy. Yet none wanted to be isolatedfrom the others. While insisting on their natural right to a separate existence,most Spanish American communities tried to construct the larger politicalstructures that they considered as natural and normal. This tension betweenlocal aspirations and global constructions, and the belief that beyond themunicipal realm was a wider community to which one belonged, was presentin the colonial period, but it was particularly difficult to manage during theindependence period when the organization of polities was justified by a dis-course that constructed communities by natural and not civic law, and thatstressed, above all, love and natural ties. Indeed, the early nineteenth-centurydisintegration of a once united Spanish America began in the eighteenth cen-tury with the introduction of what came to be known as Creolism.

The European Scene:The Identification of Spaniards and Spanish Citizens

War, foreign occupation, and the abdication of the king, as well as thewish to produce a written constitution for Spain, offered an occasion for bothEuropean and American Spaniards to review the past and to examine ideas ofcommunity. One of their first tasks was to decide on whose behalf the cortes ofCádiz was speaking. It was generally agreed among the delegates that theparliament spoke for the ‘‘nation,’’ yet it was unclear who belonged to thisnation. The first article of the new constitution resolved this matter. It set therule that the ‘‘nation’’ included ‘‘Spaniards of both hemispheres.’’ Article 5followed and defined Spaniards as ‘‘all free men born and domiciled in Spanishdomains and their children, all foreigners with naturalization letters, all for-eigners who, without such letters, were citizens (vecinos) of local communitiesfor at least ten years, and all freemen who obtained their liberty in Spain.’’≥Ω

Except for the status of freemen, which I discuss later, Spanishness as de-fined in Cádiz was a restatement of Castilian nativeness. Since its standards for‘‘Spanishness’’ were identical to the seventeenth- and eighteenth-century viewof ‘‘nativeness,’’ persons born and domiciled in the kingdom and also for-eigners who had obtained their naturalization, either formally or implicitly,were now declared Spaniards.

Having set the rule defining who the Spaniards were, the cortes proceeded toinstitute a new distinction between Spaniards and Spanish citizens. Citizen-ship was granted to Spaniards who ‘‘on both sides descended of Spanish fam-ilies from Spain and Spanish America’’ and who had their domicile in thekingdom (art. 18); to naturalized foreigners who had obtained, after theirnaturalization, letters of citizenship (art. 19); and to sons of foreigners domi-


ciled in Spain who had never left the kingdom without license and who—when reaching twenty-one years of age—had obtained citizenship (vecindad)in a Spanish municipality and were exercising a useful profession, office, orindustry (art. 21).∂≠ Naturalized foreigners who wished to obtain citizenshipletters were required to meet one of several conditions: to have brought toSpain some important invention or industry, to have purchased taxable prop-erty in Spain, to have established commerce there with their own capital, or tohave rendered services to the Spanish nation (art. 20).∂∞ Citizenship was re-quired for office holding (art. 25) and in order to participate in elections. Thecortes also defined the right to be represented in the national assembly, as onlycitizens were considered worthy of representation (art. 29). Citizenship couldbe legally suspended for moral and educational reasons (art. 25), but it couldnot be easily revoked.∂≤ It could be lost only through acquiring another native-ness (they use the term naturaleza), by living for five consecutive years outsideSpain 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 defined in Cádiz adopted nativeness as a guide,citizenship as outlined by the cortes was a new invention that included avariety of traits. The maintenance of a domicile was still a main consideration,as was its abandonment, which continued to be interpreted as an act thatterminated the relationship between the individual and the community. Alsoimportant was the traditional idea that people could be loyal to only onecommunity at a time. Obtaining another nativeness or serving another gov-ernment were therefore sufficient reasons to revoke an individual’s citizenship.In all these cases, the early modern idea that held certain external acts to provethe existence of an internal decision was still operative. Abandoning one’sresidence and establishing a relationship with a foreign community or a for-eign government demonstrated (by way of legal presumption) that the citizenno longer loved his homeland and had established permanent ties with aforeign community. In early modern terms, he was no longer a native; inmodern terms, he ceased to be a citizen.

The continuity with the past and the association between nativeness andmodern citizenship were noteworthy.∂∂ Persons born of Spanish parents andwho, according to the Constitution of Cádiz, 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 wereincluded in the category of Spaniards but whose citizenship depended on the


fulfillment of certain requirements, also followed previously elaborated guide-lines. In fact, their citizenship was conditioned by considerations that in theeighteenth century would have granted them nativeness: the establishment ofa domicile by both the petitioners and their parents and the attainment of localcitizenship (vecindad). The grant of citizenship to naturalized foreigners alsoutilized many traditional membership presumptions, such as marriage; it alsoretained the idea that exceptional aliens were worthy of special treatmentbecause of services rendered to the nation, as they had been formerly renderedto the king.

Given this continuity with the past, and the implicit and explicit referencesto both vecindad and naturaleza, some of the Cádiz delegates found it hard tounderstand why certain people were ‘‘Spaniards’’ but not ‘‘Spanish citizens.’’Many of them asked how someone could be a ‘‘native’’ or ‘‘be naturalized’’ yetnot be a ‘‘citizen.’’∂∑ They attested that the grant of citizenship was simply ‘‘therights to the city’’ (los derechos de la ciudad) and argued that it had to beextended to all natives who permanently resided in Spain and Spanish Amer-ica.∂∏ The nation itself was nothing more than a ‘‘collection of vecinos’’ and allSpaniards must also be citizens.∂π Under the Old Regime, those who werecitizens were also natives, and these delegates criticized the current arrange-ment for making some people Spaniards and non-Spaniards at the same time.

Especially striking was the delegates’ refusal to adopt a regime of legalityand their unwillingness to admit the possibility of defining Spanishness andcitizenship in a clear and conclusive way. Referring to the Old Regime inter-play between behavior and intentions, legal presumptions and their inter-pretation, some delegates attested that, before rights were allocated, it wasessential to verify people’s ‘‘true intentions.’’ True intentions were too diverseand too individual to be fully codified by law. Therefore, the constitutioncould never conclusively determine who was a Spaniard and who was a cit-izen. Discussing what criteria should be adopted in order to define Spanishcitizens, Oliveros pointed out that birth (which the constitution adopted asa guide) should be deemed insufficient for the acquisition of citizenship. Inspite of the natural love individuals felt for their birthplace, education, heremarked, was also important and often influenced persons as much, if notmore, than their place of birth.∂∫ Gutiérrez de la Huerta thought that natural-ization as stipulated in the constitution implemented unwelcomed and unnec-essary peninsular practices in Spanish America.∂Ω He insisted on the qualita-tive difference between ‘‘true’’ (verdaderos) Spaniards and all others, statingthat it was essential to verify the roots (arraigo) foreigners had established inthe country and criticizing the proposed constitution for neglecting to do so.Especially important from Gutiérrez de la Huerta’s viewpoint was the need to


guarantee that aliens truly intended to remain in the jurisdiction permanentlyand that they felt loyal and attached to ‘‘national interests.’’ Gutiérrez dela Huerta also determined that the exercise of certain professions or the mak-ing of certain investments could indeed testify to a foreigner’s attachment toSpain, yet he insisted that these behaviors could be motivated by other rea-sons, such as economic utility.∑≠ Feliú pointed out that foreigners always re-mained attached to their community of origin, and he expressed the opinionthat this attachment could be harmful to Spanish interests. Such an attach-ment could be counterbalanced only by an attachment to the adoptive com-munity as well. This second attachment, based on such notions as arraigo andapego, would guarantee that the foreigner was no longer ‘‘dangerous’’ to thenational community and that he could be granted citizenship.∑∞ Apprehensionwas expressed with regard to the idea that a prolonged residence would justifynaturalization. One cannot assume that foreigners living nine hundred yearsor more in Spain were indeed Spaniards, since one had to always look beyondexternal acts to discover their true meaning.∑≤

The wish to continue adhering to traditional categories was also expressedby other delegates who believed that it was possible to define the categoriesSpaniard and citizen in legal terms, but who criticized the proposed constitu-tion for failing to codify fully the existing regime. Under a regime of legality,they argued, it was essential to enumerate the exceptions in favor of Spaniardsborn abroad to parents on royal service.∑≥ It was also important to openly statethat only Catholics could be naturalized in Spain.∑∂ Further, it was necessaryto define the ways by which Spanish descent could be proved and the numberof generations that would be examined for this purpose.∑∑

The definition of Spaniard and Spanish citizen was also required to clarifythe status of Spanish Americans.∑∏ This clarification for the most part broughtEuropean Spaniards into conflict with American Spaniards, although neithercamp was monolithic and both represented a plurality of opinions. The centraljunta having already declared in 1809 that Spanish America was an ‘‘integralpart of Spain,’’ the Cádiz delegates now had to decide how to cast this integra-tion into reality.∑π Many of them agreed that the ‘‘nation’’ consisted of all royalvassals and that it included both American and European Spaniards. Theyexplained that Spanish America was absorbed into Castile and that, conse-quently, its natives shared the same constitutions and honors ( fueros y hon-ores) enjoyed by all other Castilians.∑∫ The acceptance of Spanish Ameri-cans was also based on the idea that ‘‘they were loyal and enthusiastic, thattheir religion, confraternity and intimate union with the metropolis were someof many titles that made them worthy of such just consideration. They arecitizens of the same nation, they fulfill the obligations of vassals, and they


contribute efficiently with their property and persons to conserve our indepen-dence.’’∑Ω The practical difficulties inherent in distinguishing European fromAmerican Spaniards was also invoked: ‘‘We have used their soil, as they didours, we exchanged products, they contributed and obeyed as was requestedof 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. SpanishAmericans were vassals of the same king but not natives of Spain. Once themonarch 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 participantsin the same monarchy, and their ‘‘natives and originals’’ were members of thesame nation.∏≤

When the parliament turned to deal with Spanishness and Spanish citizen-ship on September 1811, the stage was therefore set for the acceptance ofSpanish 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 awareof the fact that the Spanish American population was much larger than theEuropean one. Therefore, if Creoles, Indians, mestizos, mulattos, and Africanswere all admitted as full members to the community, the majority of Spaniardswould be American.∏≥

Spanish Americans who were descendants of Spanish families posed noproblem. During the early modern period Spaniards born in Spain formed oneand the same community with Spaniards born in Spanish America. By defini-tion, they both equally loved the Iberian peninsula and were both equally loyalto the monarch.∏∂ They could therefore be easily admitted as both Spaniardsand Spanish citizens. They were true and original natives of Spain and SpanishAmerica 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 Indianswere rational human beings and free vassals of the king.∏∑ As they had con-verted to Catholicism, theoretically there was nothing to bar them—even


during the colonial period—from membership in the community of Spanishnatives. Indeed, in the Spanish American setting, Indians were the quintessen-tial ‘‘natives.’’ They were constantly referred to as ‘‘natives,’’ and their condi-tion as members of a political community was commonly asserted. In 1598,Baltasar Alamos de Barrientos indicated that two types of natives existed inthe New World: the Indians, who were native by origin, and the Spaniards,who were native by birth.∏∏ If ambitions had existed to separate the Indiancommunity from the Spanish one by creating two different republics in Span-ish America (the Republic of Indians vs. the Republic of Spaniards), theseambitions had failed from the start. Indians migrated to Spanish settlements,and Spaniards invaded the Indian countryside. There was an ongoing processof cultural and biological miscegenation (mestizaje) that was formally permit-ted and even encouraged.∏π Mixed unions between Spaniards and Indianswere allowed, and mixed offspring, as long as they were of legitimate birth,were theoretically granted treatment as natives. The two-republic system itselfwas based on the assumption that in some unknown moment in the future theIndians, now treated as minors in need of protection, would come of age.∏∫

They would eventually fully convert—religiously, culturally and linguistically—from ‘‘miserable’’ vassals into full-fledged Spaniards, and then they wouldqualify as members of the community. Because of this wish, the desire toseparate Indians from Spaniards was accompanied by the contradictory im-pulse to Hispanize the Indians and make them ‘‘ordinary’’ Spaniards. Follow-ing this understanding, during the sixteenth century there were many caseswhere both Indians and mestizos were accepted as citizens (vecinos) of Span-ish local communities (chapter 3). During the entire colonial period, it wastheoretically possible for Indians—in their condition as natives and vassals—to hold public and ecclesiastical offices.∏Ω Yet, although legally granted therights of natives in Spanish America, the capacity of Indians to act as nativeswas constantly contested. To counter this reluctance, the king periodicallyreaffirmed Indian rights, for example, in 1696, 1697, 1703, 1725, and 1766.At least on one of these occasions (1697), royal jurists openly stated that therewas no need for royal intervention as no laws existed that would bar (legiti-mate) Indians and mestizos from enjoying the rights of all natives and vas-sals.π≠ Although discrimination did exist and it was widespread, it was basedon social practices not on law.

Given this background, the Cádiz delegates declared Indians both Spaniardsand Spanish citizens. Most of them affirmed that Indians were original mem-bers of the Spanish community. Their communal existence, their personalliberty, and their vassalage were recognized from the early colonial period.π∞

Since then, they were allowed rights traditionally reserved for natives, such as


office holding.π≤ ‘‘Nothing new do I find in these decrees, because our laws ofthe Indies considered them equal in all respects to the Spaniards, and allowedthem to hold offices and honors.’’π≥ This was the correct legal interpretation,but it was also a compelling moral and political solution. Because of theircondition as true natives, Indians necessarily loved their homeland, whichwas also the homeland of their forefathers. This love guaranteed their obe-dience, fidelity, and ‘‘good intentions’’ towards Spain.π∂ Most discussants in-deed pointed out that Indians were ‘‘natives and originals’’ of the Americas,and they expressed the opinion that they had to be accepted as original mem-bers of a ‘‘national’’ community that now formally extended to the NewWorld. The existence of an Indian republic during the colonial period demon-strated that Indians were capable of taking upon themselves membership priv-ileges and duties. As both original and qualified members of the community,there was no reason to deny them citizenship. Linguistic and cultural differ-ences should not stand in their way. These differences also existed in EuropeanSpain, yet no one pretended that the Basques or the Galicians should be deniedcitizenship on account of them. There was no reason to believe that a native ofGalicia and a native of Andalusia were not as different, or even more different,than a Spaniard and an Indian.π∑ Some deputies, fearing the practical con-sequences of the inclusion of Indians among Spanish citizens, suggested a‘‘separate but equal’’ regime.π∏ Others, despite recognizing the nativeness ofIndians, simply stated that Indians were unworthy of citizenship.ππ Neverthe-less, the majority opinion ruled that Indians and American Spaniards togetherformed a single community with European Spaniards and all were Spaniardsand citizens.

In spite of its importance, this conclusion was highly theoretical. Articles25(2) and (3) of the constitution stipulated that citizenship could be sus-pended in cases of debt, domestic servitude, lack of employment, and from1830 onward, illiteracy.π∫ Given the social and economic conditions of mostIndians in early nineteenth-century Spanish America, it was clear from thestart that many of them could be denied the exercise of their citizenship.Despite their formal inclusion among the category of citizens, in practice theycould still be noncitizens and therefore remain as marginal members of thepolitical community.πΩ

Although the status of Indians provoked relatively little debate, the inclu-sion of individuals of mixed descent among Spanish citizens was highly con-troversial. Many of those opposed to it insisted that most mestizos were ofillegitimate birth and that they differed from Spaniards not only in race butalso in customs. They were naturally inept to exercise political rights, whichwas the reason they were traditionally excluded for many offices and occupa-


tions.∫≠ But how could one deny citizenship to people who descended fromcitizens? The solution adopted was to distinguish between mestizos, on onehand, and mulattos and Africans, on the other. Included in the first group werepeople of purely Indian and Spanish descent. These people, even when theywere ‘‘mixed blood’’ inherited the rights of their forefathers and were declaredboth Spaniards and Spanish citizens.∫∞ Included in the second group wereindividuals with partial or complete African descent. These individuals couldbe recognized as Spaniards, but not citizens. They could acquire citizenshiponly under special circumstances, which included special services to the nationor special talents; legitimate birth; marriage to a legitimate wife; the establish-ment of domicile; and the holding of a useful office, profession, or industry.∫≤

Why discriminate against people of African descent? During the colonialperiod it was generally agreed that, as slaves, Africans’ lack of legal capacityprevented them from obtaining citizenship and nativeness. Once freed, theirstatus remained unclear. Theoretically, Africans were foreigners. They werevassals of foreign kings and ‘‘natives and originals’’ of Africa who had no tieswith the Spanish monarch or with the Spanish community. This perception ofAfricans as foreigners first appeared in the sixteenth century, and it persisted tothe 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 ofCaracas espoused this idea.∫∂ Pointing to the their origin as slaves, their fre-quent illegitimate birth, their ongoing relationships with other Africans still instate of slavery, as well as to their ‘‘inferior state,’’ the local authorities ofCaracas expressed their opinion that persons of African descent were for-eigners. Their loyalty to king and kingdom was doubtful because ‘‘far fromlooking to Spain as the center of their interests, they keep their eyes on the darkpeople of Africa (which is where they come from) to patronize them and raisethem 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 thecity by paying taxes as other citizens did. Since they were unburdened withduties, they should not enjoy privileges: ‘‘the mulattos of this province, then,enjoy the benefits of society without contributing a maravedí to its revenuesand finances, or to its public and charitable institutions. This has come aboutbecause the laws regulating the conduct of mulattos, making them contributeand ordering them to pay a moderate tax to the treasury, are completelyignored, either because officials are unaware of their existence or indifferent totheir application, or ignorant of their origin.’’

The assimilation between Africans and foreigners, which was already sug-gested in colonial documents, was reproduced in the Cádiz debates.∫∑ In theircondition as natives of another region, individuals of African ancestry never


truly joined the Spanish community.∫∏ Like other foreigners, they were unableto 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 lackedlegal capacity and could not express a legally binding wish to abandon theircommunity of origin and become Spanish. As freemen, they failed to do so.Independent of the decision individual Africans might have taken, it was wellknown that Africans were brought to Spanish territories against their will.Because their immigration was involuntary, their residence in these territoriescould not serve as an indication (presumption) to their intentions. Neithercould their behavior as Spaniards or as citizens. In short, Africans and theirdescendants lacked both the legal capacity and the (presumed) will to benaturalized 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 offices and civic decorations. He prohibited thebishops from exempting them of the impediment they had to hold ecclesiasti-cal offices, and they were incapable in summary to a legal naturalization, orobtaining the title of citizen. In this way, our kings used the faculty that allnations have to fix on foreigners who were introduced into it restrictions andimpediments which lead to the best order and security.’’∫π Indeed, although byvirtue of birth and domicile Africans could be recognized as ‘‘Spaniards,’’ theycould not be included among Spanish citizens.

The argument equating Africans with foreigners first appeared during thediscussion on the right of Africans to be represented in the national assembly(cortes). On that occasion (January 1811), some of the delegates who opposedthis concession cited examples from other European countries, but all theseexamples dealt with the treatment of foreigners.∫∫ Africans were designated asforeigners again in August 1811 during the debate on the status of freed slaveswho, according to article 5 of the constitution, would become Spaniards upontheir emancipation. One delegate expressed his surprise: it was insensible, hedetermined, to ask foreigners to comply with a ten-year residence before al-lowing them to naturalize, yet to admit Africans to Spanishness immediatelyupon their freedom. Africans should not receive preference because, unlikeother foreigners, they had never manifested their wish to come to Spain andSpanish America. Their immigration was carried out against their will, andbefore they were admitted to the nation, the nation must verify that theyindeed loved it sufficiently, and that they were willing to subject themselves toits laws. Freedom in itself was not a sufficient guarantee because it gave no


indication of the wish (ánimo) to become a member of the community. Inshort, freed Africans, like all other foreigners, should be required to complywith the ten-year residence requirement before being admitted to the nation.∫Ω

Other delegates suggested that manumission was a civic birth. As a result,Africans freed in Spain could be considered born in the territory even if theirmaterial birth occurred elsewhere. However, as with all those born in Spain,they could become Spaniards only after they acquired vecindad.Ω≠

By the time the debates on citizenship took place (September 1811), theclassification of Africans as foreigners was so obvious to some of the speakersthat they protested against the need to set specific rules for Africans. Spaniardsof African decent, they insisted, were foreigners and their status could beinferred by reference to the clauses dealing with all other foreigners.Ω∞ In thedebate, Africans were also compared to Gypsies, yet distinguished from them.Gypsies, also of a foreign origin, entered Spain some three hundred yearsearlier. Yet unlike the Africans, they chose to do so. It was even argued thatthey also integrated into the community by voluntarily remaining in Spain andby intermarrying with other Spaniards. As a result, contrary to Africans, Gyp-sies could be considered natives and be worthy of citizenship.Ω≤

Even those favoring citizenship for Spaniards of African descent arguedtheir case by reference to nativeness and foreignness. Mentioning the tradi-tional association between citizenship, domicile, and naturalization, they de-clared that membership in the Spanish community was obtained, first andforemost, by virtue of integration in a local community. Spaniards of Africandescent who were already vecinos of Spanish communities or who acted ascitizens by paying taxes and complying with other obligations were necessarilyboth vecinos and naturales, both Spaniards and Spanish citizens.Ω≥ Other dele-gates affirmed that local birth to parents and grandparents born in the king-dom was sufficient to establish nativeness. The investigation of the family treebeyond two generations would be ill advised because, if ancestry was to betaken back to the ‘‘foundation of the Peninsula,’’ no one would qualify assufficiently Spanish ‘‘because Spain, like other countries of the world, hassuffered its own revolutions and was mixed with foreign nations.’’Ω∂ Threegenerations of vassalage to the king, Catholicism, and local citizenship shouldbe considered sufficient to constitute nativeness and thus citizenship becauseaccording to the legal presumptions, they proved the existence of an individualdecision to integrate in the community.Ω∑ In the case of freed Africans, this wasalso a just solution. Most Africans were freed after long years of service. Thisfact guaranteed that by the time they obtained their freedom, they had ac-quired the customs and ways of the nation. It was only fair that the nation that


deprived them of their natural patria would give them an adoptive one.Ω∏ Athird group of delegates stated that it was utterly unthinkable that Africandescent would be waived in cases of complete foreigners—who were neverasked about their genealogy—but would hinder (true) Spaniards from obtain-ing citizenship.Ωπ A fourth group suggested that, from a practical point of view,distinguishing between individuals of African ancestry and all others was animpossible task.Ω∫ This practical concern brought about the only modificationintroduced in the article following the parliamentary debate. Whereas theoriginal project spoke about ‘‘individuals of African origin,’’ the final textincluded ‘‘individuals reputed and held to be of African descent.’’ This modi-fication was introduced largely because it was feared that unless citizenshipwas tied to reputation rather than to hard facts, all Spaniards would have toprove that they had no African blood in order to obtain citizenship. The ghostof the limpieza de sangre debates reappeared. But relying on reputation, otherdeputies said, was just as problematic.ΩΩ

This parliamentary discussion demonstrated that the solution adopted—recognizing Creoles, Indians, and mestizos as both Spaniards and citizens andgranting individuals of African descent the status of Spaniards but not ofcitizens—could be legally justified as much as it could be legally rebuffed.Based on early modern discussions of vecindad and naturaleza, these debatesallowed different and often contradictory interpretations. As happened be-fore, the interests at stake conditioned the interpretation adopted. At the endof the day, the inclusion of Spaniards and Indians and the exclusion of Afri-cans was a compromise adopted to avoid a direct confrontation betweenEuropean and American Spaniards, as well as between conservatives and lib-erals. It ensured that the bulk of Spanish citizens would still reside within theconfines of the Old World. It established an apparent equality between Spainand Spanish America—Africans of both jurisdictions were equally discrimi-nated against—yet it clearly favored the Spanish European population whosememory of African slavery and African origin was extremely dim.

The Cádiz discussions also demonstrated that legal theories could be em-ployed to justify what were in fact racial and ethnic prejudices. The delegateswere aware of these issues, and many of them openly stated that, whethernatives or foreigners, Africans were simply inferior to both Europeans andIndians and were unworthy of citizenship.∞≠≠ Indeed, as happened in the casesof 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 asociety that, independently of its declared intentions and ignoring the usualemphasis on personal choice, simply refused to treat them equally.


Conclusions

In both Spain and Spanish America, the distinction between permanentmembers and transient foreigners remained operative in the late eighteenthand early nineteenth centuries. In both Spain and Spanish America, this dis-tinction defined the boundaries of new communities and distinguished insidersfrom outsiders. In Spanish America, these boundaries were defined in order toexclude European Spaniards and to institute the community as an indepen-dent kingdom or kingdoms within Spanish structures. In Spain, the sameboundaries were used to affirm the unity of the Spanish world and to classifySpaniards and citizens, eventually including Indians but not Africans amongthe second.

The distinction between permanent members and transient foreignerslacked references to culture, language, race, and genealogy. In both Spain andSpanish America it presented the ‘‘nation’’ as a group of people who wanted tolive together and was subjected to the same law. Commonalities based onlanguage, culture, race, and genealogy were both raised and rejected in thename of a ‘‘discourse of love’’ that naturally sprang among people sharing thesame space for a sufficient length of time. The image of the community as asmall conglomerate of people who intimately knew one another, and trustedone other, was overpowering. It was advocated in both Spain and SpanishAmerica, and in both cases, the construction of a wider (‘‘national’’) commu-nity was still based, first and foremost, on the inclusion in a local one.

The consideration of Creolism on one hand, and the constitutional debatein Spain on the other, within a larger historical context, questions our abilityto view these instances as moments of national affirmation or as indicators forthe coming of a new age. What comes to light is, first and foremost, continuity.This continuity was not a failure, nor was it due to an ill design. It wasintentional and meaningful, as contemporaries continued to adhere to a basicdistinction between people who ‘‘could be trusted’’ and those who could not,and as they interpreted trust in the same old manner. What was different wasnot the discourse, but whom it was applied to and how. By using the tradi-tional criteria, late eighteenth- and early nineteenth-century Spaniards andSpanish Americans did create new divisions. They distinguished Americanfrom European Spaniards, and they formally included the Indians, yet not theAfricans, as full members of the Spanish community.

164

8

Was Spain Exceptional?

The question of whether Spanish eighteenth-century citizenship prac-tices were exceptional involves not just an exercise in comparative history.Within Spanish scholarship and Spanish history, this is an essential question,one that—whether it is explicitly stated or not—is still present in the minds ofmany historians. For most of the nineteenth and twentieth centuries, Spanishexceptionalism was an accepted fact. It was cherished and lamented by Span-iards and foreigners alike.∞ ‘‘Europe’’ served as the standard against whichSpain was measured, and it appeared that Spain was indeed different. Forsome people, this difference meant that Spaniards were superior to other Eu-ropeans. For others it signaled, on the contrary, Spain’s relative decline andbackwardness. Uniqueness and integration in Europe were thus two differentexpressions of the same inquiry. Those who felt content with Spain’s dis-tinctiveness expressed their position against integration in Europe, whereasthose holding the contrary view called for the ‘‘Europeanization of Spain.’’

Spanish exceptionalism was explained by Spain’s unique history. ClaudioSánchez Albornoz and Américo Castro tied it to the Muslim occupation dur-ing the Middle Ages and the subsequent struggle to bring Spain under Chris-tian control.≤ For Sánchez Albornoz, this struggle affirmed, as well as en-hanced, Spain’s Christian origins; for Castro, it demonstrated the importance

Was Spain Exceptional? 165

of Muslim and Jewish heritage in the construction of Spain. Ortega y Gassettied Spanish exceptionalism to the absence of ‘‘true’’ feudalism, which haddeprived Spaniards of ‘‘habits of obedience.’’≥ Hilgarth specified that Spainlacked a true merchant class, and thus it failed to experience during the MiddleAges an economic, political, and social growth similar to that of other Euro-pean countries.∂ Other authors related Spanish exceptionalism to less tangiblefactors, such as the existence of a unique autochthonous national characterthat—for better or for worse—made Spaniards different from other Euro-peans. This character forced Spaniards into choosing whether to be loyal totheir ‘‘true nature’’ or to betray it by adhering to modernity.∑

Spanish exceptionalism was a convenient historical and political tool. Dur-ing the sixteenth and seventeenth centuries, the Dutch and English used it intheir struggle against Spanish hegemony. They argued that Spain exhibited anespecially intense religious intolerance—as embodied, for example, in the ac-tivities of the Inquisition—and that it was particularly cruel towards the In-dian population in the Americas. This ‘‘Black Legend’’ persisted to the nine-teenth and twentieth centuries.∏ It produced an opposing ‘‘White Legend’’that, accepting Spanish distinctiveness, nevertheless argued that Spanish be-havior in the New World was more humane and benevolent than that of otherEuropean powers.π Spanish exceptionalism was also supported by foreignersin the nineteenth and twentieth centuries, when, in the view of many, Spainrepresented a romantic country, with people more exotic, more temperamen-tal, and truer to themselves. Both foreigners and Spaniards used Spanish ex-ceptionalism to explain how a great early modern empire became, later, asecondary European power and to justify its accompanying economic declineand political instability.∫ Last but not least, exceptionalism was used to exalt a‘‘Hispanic spirit,’’ shared by both Spaniards and Spanish Americans. It servedto enhance the Spanish reputation and advance Spanish interests in SpanishAmerica against the menace of expanding U.S. influence.Ω

Debates about Spanish exceptionalism, which occupied much of the Span-ish cultural and political scene during the nineteenth and twentieth centuries,continue to be an important issue in present-day Spain. Instead of stressing theuniqueness of Spain, contemporary historians affirm that Spain is indeed Eu-ropean and argue that it has always been a part of Europe.∞≠ HighlightingEurope’s internal diversity, they assert that previous generations erred in theircharacterization because they compared Spain with central and northern Eu-rope. Insisting that Spain needs to be evaluated as a southern European andMediterranean country and measured against such countries as Italy andGreece, they continue to ask if Spain is European and to what a degree. They

166 Was Spain Exceptional?

conclude that Spanish history is a variation of European history, and thatdevelopments in Spain were in tune with developments in other (comparable)European countries.

The degree to which Spanish practices of citizenship and nativeness wereexceptional can be explored from two perspectives. First, did Castilians andSpaniards perceive their practices as exceptional? Second, were these self-perceptions justified? To answer the first question, I looked at what Castiliansand Spaniards said about their own practices. In order to answer the secondquestion, I examined the existing literature on citizenship and nativeness inItaly, England, and France. In Italy, municipal citizenship defined the relation-ship of individuals to local communities. In England, freedom, first practicedin corporate cities and then constituted as the right of all persons born inEngland, allowed individuals to enjoy a special regime of rights and duties. InFrance, the same was true with regards to the status of the bourgeois. Al-though none of these institutions were identical to Castilian vecindad, all ofthem were similar to vecindad in that they defined the rights of individuals vis-à-vis the local community by adopting a discourse of belonging. In Italy, cate-gories of membership in the kingdom failed to emerge, yet there are manyindications that the construction of such categories was at least underway inseventeenth- and eighteenth-century Naples. In England and France, subjec-tion to the monarch was the main factor defining the rights of individuals inthe kingdom. Again, none of these categories were identical to Spanish natu-raleza, but all of them included the idea that certain people (‘‘subjects’’ or‘‘natives’’) were worthy of certain rights. By comparing Spain and SpanishAmerica to Italy, England, and France I also wish to encourage those workingon these countries, as well as other scholars, to inquire about the relationbetween membership in a local community and membership in the communityof the kingdom, between local and common law, and between formal legalcategories and social practices, all questions that have not yet received suffi-cient attention in the literature.

Spanish Exceptionalism:Spanish and Spanish American Contemporary Perceptions

Eighteenth-century Spaniards consistently asserted that both citizenshipand nativeness were categories based on natural law. Litigants who claimedthey were worthy of citizenship argued that they had a ‘‘natural liberty’’ tochange their adhesion from one community to another and that communitiescould not refuse to admit them to citizenship.∞∞ This natural liberty precededthe laws and was independent of them. The same was true of the relation


between the establishment of domicile and citizenship and the effect of absen-teeism on communal membership. Both were universal and natural, and bothexisted whether or not they were explicitly upheld in legislation. Even the ten-year residency presumption was presented by litigants as a universal rule, sinceit was ‘‘well known’’ and ‘‘accepted’’ throughout Europe; it had, after all,originated in Roman law. The idea that Castilian practices were natural anduniversal also applied to nativeness and foreignness. The distinction betweennatives and foreigners was based on ‘‘natural’’ factors: it was natural thatthose born in the community loved it, as much as it was natural that thoseborn outside it did not. This love was part of human nature and was not basedon 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 tointegrate into the community through their behavior. This regime was theembodiment of a ‘‘common sense’’ that was both reasonable and necessary.Because civil or human law, which reproduced this regime, merely expressed amore general rule, it could be set aside or new elements could be introducedinto it. One such element, for example, was the distinction between children oftransient and integrated foreigners born in Spain. Although this distinctionwas not explicitly stated in the law, it could be adopted because it was part of acommon 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 ‘‘beneficial’’ ones, they said, were pol-icies followed ‘‘all over the world’’ and had been practiced for as long ashuman memory could recall.∞≥ Spanish customs were thus presaged in a re-mote past shared by all Europeans, and references to them were found in theBible and in Greek and Roman precedents. These customs were the naturalconsequence of an accumulated experience about the nature of both man andsociety. Rejection and inclusion were so well entrenched in human conscious-ness and so widely practiced that they were part of both natural law and thelaws of nations.∞∂ Therefore, the king could not modify the procedures andrequirements for naturalization: since the transformation of foreigners intonatives was a matter of natural and not civil or human law, it was beyond royalsphere of action and was independent of royal wish.∞∑

The conviction that citizenship and nativeness were categories based onnatural and consensual criteria led Spanish and Spanish Americans to say littleabout them. They rarely discussed their specific contents or explained theirmeaning. They were convinced that citizenship and nativeness represented atruth too obvious to ignore and too consensual to have to be supported by


proofs. Indeed, because citizenship and nativeness were so clear to contempo-raries, early modern literature hardly dedicated attention to the study of thesecategories, and they eventually remained opaque to historians, who tended toignore them.

The need to affirm that Spanish practices were natural and universal was tiedto the way that Spaniards conceived of the world around them. For mostpeople living in eighteenth-century Spain, nature, reason, justice, and univer-sality were different expressions of the same reality, which, embodied in anatural law, united religion, morality, and politics in a single body of thought.∞∏

Guided by Roman and canon law and by the scriptures and clergy, earlymodern Spaniards lived in a universe where there were no simple, human laws.Instead, people’s behavior was guided and evaluated by a system of thoughtthat embodied human reason as accumulated by experience and as devisedthrough divine revelation. As Manlio Bellomo once put it, this was a systemthat expressed unshakable certitudes. It guided early modern Europeans, aidedtheir understanding of the world, and provided their communities with no-tions of unity and order. It contained ideals that molded intellectual attitudes,but it also formed behavioral patterns. People living under this system con-stantly sought out absolute and eternal values and attempted to practice themin everyday life. Under such a system, local norms were always a reflection ofhigher norms. These higher norms were not legal, but moral. They were com-mon to all Christians, and they were valid whether legislation recognized themor not.∞π Three types of laws existed in the universe: divine, natural, andhuman. Divine law embodied divine reason and was inaccessible to humans.Natural law was that part of divine law that humans could grasp by using theirreason. It was inscribed in their hearts and in their consciousness and, bydefinition, it was both natural and reasonable. Human law governed the legalarrangements devised by humans. Yet these arrangements were never arbi-trary. They did not depend on human decision or on the mutual agreementbetween individuals. Instead, as Bernice Hamilton once put it, ‘‘human posi-tive law is binding in conscience, firstly because its precepts are in harmonywith natural or divine law, and secondly, because its very binding power comeslargely from the natural law.∞∫’’ The law of nations (ius gentium) was also ahuman law. But contrary to other human laws, it was shared by more than asingle community.∞Ω

The relation between nature, justice, reason, and universality was also re-flected in early modern Spanish political theory.≤≠ Communal constructionand communal governance were theorized by reference to classic and religioustexts. Most Spanish political theorists accepted the Aristotelian and Thomistview of humans as social animals and as creatures that could develop only in


the context of an organized society. Many of them doubted that a presocialand even a prepolitical stage of humanity ever existed. In their view, God gavehumans reason. This reason, which accompanied man from birth, forced himto live in society, which was the only way he could guarantee his survival andhappiness.

Early modern Spanish legal discussions also reflected this reality. Litigantsand lawyers quoted the Bible rather than legal enactments when they assertedtheir rights.≤∞ They expected royal and municipal judges to apply the samecriteria that God would apply, and they wanted officials to be—to the best oftheir abilities—as just, as compassionate, and as wise as he was. From thelitigants’ point of view, justice was never a legal matter. It was a moral issuewhere the views of theologians were just as important as those of jurists.≤≤

Indeed, even as late as the eighteenth century in both Spain and Spanish Amer-ica, a person trained in theology was considered as good a candidate to bejudge as was a person trained in the law.

People living in seventeenth- and eighteenth-century Spain thus perceivednatural law, including the law of nations, as quotidian legal and politicaltools.≤≥ Whether faithfully reproduced in human law or not, as a reflection ofdivine law, natural law was an instrument that was applicable in everydaycircumstances and that regulated all social relations. The existence of naturallaw meant that legal arrangements were never accidental and human commu-nities were never artificial. Rather than arbitrary creations of men, humancommunities were an expression of human nature and human reason as cre-ated by God. By definition, then, the rules governing human communitieswere universal and natural, as well as reasonable and unchangeable. It waswithin this system that people were identified as members of communities.Membership reflected an understanding of both men’s duties to God andmen’s nature as described in the scriptures and in classical and legal texts.Under these circumstances, the affirmation that Spanish practices of citizen-ship and nativeness were natural and universal not only reflected the commu-nity, but also expressed ideas about society and human nature. But were Span-iards right in their assertions that a common practice existed in Europe?

Spanish Exceptionalism:The View from Italy, England, and France

Municipal communities existed in other parts of Europe, and member-ship in them defined who could hold public office and participate in gov-ernment and who could trade and enjoy tax reductions. These similaritieswere especially noteworthy during the Middle Ages. Comparing practices in


England, France, Germany, and northern Italy, Susan Reynolds concludes thata common heritage indeed existed in medieval Western Europe.≤∂ In the ter-ritories included in her survey, communities of inhabitants consolidated in theeleventh 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 toestablish local institutions and elect local officials. Both rural and urban com-munities enjoyed these privileges, and towns, rather than having a differentinstitutional character than villages, simply had more privileges and freedoms.In both towns and villages, community members were typically adult maleheads of households who resided permanently in the jurisdiction. The conces-sion of local citizenship to newcomers depended on immigration policies andvaried according to local needs and circumstances. In many places, the resi-dence of a year plus one day was necessary to transform potential membersinto true members. In these cases, residence functioned as a legal presumption:those who could reside in a settlement for a year without their lord seekingthem out could be presumed free—or, at least, they could be constituted asfreeman by virtue of prescription. In some communities, residence created anobligation on the part of a newcomer to become a member, while in others itimplicated the community in an obligation to accept the newcomer. In manyareas it was held that only those complying with duties could enjoy rights.Similarities between the different communities in medieval Western Europealso 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 inWestern society, and individuals who permanently resided in the territorywere classified as belonging to it.

Affirming the unity of Western European political and social organization inthe 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 fourteenthcentury onward, different local citizenship practices emerged in different partsof Europe, and citizenship, which was a regime that formerly had applied tothe 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 fifteenth century, local citizenship underwent important transforma-tions, leaving it impoverished (since it was granted to fewer individuals) andhighly diversified (as different practices emerged in different parts of Europe).

Nevertheless, an important group of historians argues that the citizenshipregime that evolved in Western Europe from the eleventh to the thirteenth


century persisted with slight modifications until the eighteenth century.≤∏ Ac-cording to this view, municipal communities continued to be associations offree individuals during the early modern period. These communities were de-fined by a common legal regime that closely tied membership to the ability toexercise rights. Village communities also continued to enroll members, main-tain their assemblies, and operate in a way not radically different from urbancommunities. During this period the distinction between rural and urban con-tinued to be unclear: it basically denoted a difference in the number, notthe existence, of rights. Community members—usually identified as residentheads of households possessing property—were allowed to use communalland and could actively participate in decision making. Rather than changing,in the early modern period local citizenship was simply overshadowed by theappearance and consolidation of kingdoms. This development restricted theliberty of local communities and integrated them in larger structures. Theselarger structures subjected people to a sovereign power instead of allowingthem to participate in it, as was the case previously. Although still membersand citizens, individuals were now instituted first and foremost as subjects.≤π

The level of analysis adopted and the willingness to stress similarities ordifferences can explain at least partially this disagreement among scholars. Asalways happens with comparison, no two cases are alike. Given the diversityof practices in each European jurisdiction, and how comparisons are generallyconstructed by using a secondary literature that is highly influenced by dif-ferent historiographical traditions, personal agendas, and types of availablesources, it is far from surprising that conclusions may vary. These difficultiesdo not disappear when one attempts to compare a single country, such asSpain, 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 themhad categories of belonging that allowed people to enjoy a specific regime ofrights and duties in a local community on one hand, and a larger communityon the other. Comparing Spain to Europe also involves choosing some exam-ples that would ‘‘represent’’ Europe. In the discussion that follows, my choiceof Italy, England, and France was motivated by both practical and theoreticalconsiderations. On the practical side, all three countries enjoy an abundantliterature covering membership in both local communities and the communityof the kingdom. On the theoretical side, each of these countries is traditionallythought to represent a very distinct case. In Italy, local communities wereextremely 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 atleast some of their vigor. France is often presented as the prototype of an


absolutist state, in which a centralist and interventionist king systematicallyrevoked the power and autonomy of local communities. These cases thusallow us to question Spanish exceptionalism from three very distinct Euro-pean perspectives.

ITALY

In the late Middle Ages Italy was the birthplace of a new legal science,the ius commune.≤∫ Although this science was highly influential and it guidedcitizenship practices in the different Italian towns, it was insufficient to bringthese practices into conformity.≤Ω Some basic premises, such as the idea thatcitizenship 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 declarepeople 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 città), whichwas 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 byjustice depended on the fulfillment of certain requirements stipulated in thelaws. 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 byjustice was acknowledged formally by the appropriate body, this process oftenexplicitly affirmed that citizenship was actually generated on its own by virtueof the newcomer’s activities, his intention ‘‘to remain in the city permanently,’’and his integration in the local community; all the municipal body did was torecognize its preexistence. Citizenship by grace depended on the authorities’discretion so candidates petitioning for it were not generally required to meetany specific requirements. The proliferation of discretionary grants in theseventeenth 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, peopleliving in Naples could obtain the rights of citizens in other ways as well.Because citizens enjoyed tax exemptions, the fiscal court (regia camera dellasommaria) had to examine whether taxpayers were citizens or not. Over theyears, this court gradually became the main authority for recognizing (orrefusing to recognize) the citizenship of individuals. Its activities gave Neapoli-tans a second practical method by which they could obtain the privileges ofcitizenship. The criteria the court employed were similar, although not identi-


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 citizenshipacquisition. Residence had to be accompanied by an animus permanendi, thatis, by the wish to remain in the jurisdiction ‘‘for good’’ and by the promise toestablish a stable home in the territory. This wish could be orally attested, or itcould be deduced by observing the behavior of petitioners.

Citizenship practices in Naples and Castile were thus quite similar. In bothplaces citizenship could be obtained by either formal or implicit means. In bothplaces, it was essential to verify the ‘‘true’’ intentions of newcomers, whichcould be done by using legal presumptions meant to help the authorities inter-pret persons’ behavior. In both places, the authorities normally did not grantcitizenship 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 qualified to determine formallythe status of individuals. Also different was the existence of citizenship bygrace. Castilian communities could elect to sell citizenship to individuals whocould never meet the standards of legal proof, yet these sales were highly excep-tional and their practice was constantly questioned. Indeed, citizenship bygrace as practiced in Naples seemed closer to Castilian nativeness than toCastilian 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 thelegal tests for naturalization, so their attainment of this status was a sign ofroyal 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. Insixteenth-century Venice, a distinction existed between people who obtainedtheir citizenship after a few years or many years of residence (citizens de extraand de intus) and between these and others who acquired it by way of aparticular grant or by birth.≥∞ Citizenship by birth was granted to individualsborn in the city of a legitimate marriage and whose father and paternal grand-father were ‘‘original citizens.’’ Citizenship by birth could also be awarded topersons born elsewhere if they were descendants of ‘‘old families.’’ In all thesecases, citizenship depended, above all, on the reputation of the family. Tauto-logically defined as a condition possessed by those who descended from origi-nal citizens, citizenship by birth was in fact a public recognition of the family’srole and place in the city. It denoted a social status, and it became increasinglytied to a noble way of living that could exclude people born in the city if theyexercised ‘‘vile occupations’’ or were occupied in ‘‘mercantile activities.’’ Once


a family obtained recognition as ‘‘native,’’ its members were no long requiredto prove their estate. For all other people, citizenship acquisition or verifica-tion procedures were instituted. They involved petitioning the signoria (thelocal governing body) and obtaining a favorable decision of the senate, themerchants, and the fiscal authorities. Among other things, these authoritiesexamined the candidate’s integration in the local community and his eco-nomic, military, and civic contribution to it. A high degree of integration couldcompensate for insufficient residence or tax payment.

Fifteenth-century Florence also allowed foreigners to become citizens byway of a particular grant, by virtue of a treaty, or by verifying residence andmarriage to a local person.≥≤ Citizenship could also be granted to a personholding an office. Each one of these types of citizenship brought with it adifferent set of rights and obligations, and each set could be modified accord-ing to the particular circumstances of each individual case. Conditions inthe city of Pescia in the sixteenth and seventeenth centuries illustrate thesepoints.≥≥ There were two types of citizenship. The first depended on birth, andthe second on the establishment of a domicile, the exercise of a profession, oran economic contribution to the community. Passage from one type of citizen-ship to the other depended on the permission of the general council; likewise,the sovereign could grant it. In early sixteenth-century Rome, citizenship wasconditioned by the possession of real estate, residence, and a legitimate birth.≥∂

By the middle of the century, a parallel mechanism for citizenship acquisitionwas also instituted. This mechanism required no prerequisites other than ‘‘vir-tue,’’ ‘‘honor,’’ and ‘‘dignity.’’ In 1614, the distinction between citizens byresidence and citizens by ‘‘honor’’ was formalized, and each received a dif-ferent set of rights and duties. ‘‘Normal’’ citizens (whose status was attainedby virtue of residence) could no longer enjoy many rights, among them theright to hold public office. Citizenship criteria in sixteenth- and seventeenth-century Torino were unclear, and citizenship lists were short in comparison tothe number of people actually titled ‘‘citizens.’’ According to Simona Cerutti,this indicated that, besides the formal procedures for citizenship declaration,other processes existed allowing people to consider themselves citizens.≥∑ Resi-dence and tax payment were the most obvious criteria for inclusion amongcitizens, as was the wish to establish a permanent domicile in the city, whichcould be proved by the purchase of real estate. In seventeenth-century Brescia,citizens were divided among ‘‘original’’ citizens, and citizens by virtue of domi-cile, which required owning a house one would inhabit with his family.≥∏

Petitioners also had to prove that they actively participated in local life andthat they had lived in the community for at least ten years. The attainment of


citizenship was considered the last and most formal aspect of a social processbegun long before: citizenship was granted to foreigners who were alreadywell integrated in the community. In eighteenth-century Mantova, citizenshipcould be acquired by a particular grant (grazia) or by the fulfillment of certainrequirements stipulated in the laws (per incolato).≥π Grants were given topeople whose presence in the city was deemed desirable because of their pro-fession, wealth, or prestige. All others could acquire citizenship once they hadestablished domicile in the city and integrated into the community. Codified inthe early sixteenth century, this second procedure—which survived to theeighteenth century—required 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 obtainingcitizenship. These Italian city-states maintained a duality between citizenshipby birth and citizenship by integration, and they allowed the authorities toaffirm their sovereignty by granting citizenship to people who did not complywith the normal requirements. In some cases it was clear that, as in Castile,citizenship was constituted on its own, and its declaration by the authoritieswas only a formal act of verification, not of creation. Legal presumptions werealso used in Italy to verify the existence of integration. But in Castile the nativeborn were required to integrate into the community if they wished to obtainrecognition as citizens, whereas in Italy birth appears to have granted personsthis status automatically.

Historians of late medieval and early modern Italy have often questionedthe actual importance of citizenship in Italian cities, arguing that by the earlymodern period most cities paid little attention to citizenship.≥∫ This lack ofinterest was demonstrated by the scarcity of legislation on matters of citizen-ship and by the absence of disputes over the correct classification of people ascitizens or foreigners. Citizenship was rarely denied to people and, at any rate,most petitioners originated from the immediate province (contado), not fromother cities. Evidence also suggests that in some cases at least, citizenshipregulations were ignored, while in others people could claim that they werecitizens by reputation, thus bypassing all formal procedures.≥Ω One reason forthis ‘‘decay’’ of the status of citizen was the fact that citizenship became insuffi-cient for the acquisition of many rights and unnecessary in order to haveothers. Some historians have also stressed that throughout Europe, citizenshipwas mainly a condition sought for economic reasons and that political rights,


such as the ability to vote and hold office, were less crucial aspects of it.∂≠ Theyhave therefore reasoned that the attraction to citizenship became weaker asits economic benefits diminished in the sixteenth and seventeenth centuries.Other historians nevertheless affirmed that citizenship continued to be animportant social and political tie in early modern Italian cities, with a meaningbroader than the individual privileges attached to it. Above all, citizenshipimplied the subjection of individuals to a sovereign power or to a municipalauthority.∂∞ According to this view, most early modern Italian cities attributeda great deal of importance to citizenship, and citizenship continued to be anessential prerequisite for obtaining many rights.

This debate among Italian historians is useful from a comparative point ofview, because it hints that Italy, like Castile, experienced the tension betweensocial and implicit categorizations on one hand, and legal and formal on theother. Indeed, the criticism the first group of historians makes when its mem-bers describe the decay of citizenship practices reproduces with surprisingfidelity many of the claims made in the past by historians of Castile. But if weuse the Castilian case as our model, the lack of legislation, the actions contraryto laws, and even the absence of recorded conflicts do not necessarily reflectthe demise of citizenship. Instead, in Castile they were the result of the applica-tion of doctrines not openly confessed in the legislation. They reflected theabsence of disputes in a society that appears to have been more consensualthan we first imagine, or that had other mechanisms—oral and extralegalmeans—of conflict resolution. The same factors also demonstrated the priv-ileging of social classification and implicit identities over legal and formalcategories. One wonders, therefore, if what Italian historians describe as decaywas indeed a gradual disappearance of citizenship, or whether what theyobserved can be explained in other ways. Beyond this debate it is neverthelessclear 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, onthe contrary, citizenship operated in both rural and urban communities, inplaces 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 neverdeveloped notions analogous to Castilian naturaleza.∂≤ Pacts existed betweencities allowing the mutual bestowal of citizenship rights to their inhabitants,and city-states like Florence and Venice dominated other communities. Butunlike the linkages in the kingdoms of Spain, no Italian, or even a provincial,community of natives came into existence. Instead, different communitiesbelonging to the same state each maintained its separate communal institu-tions, statutes, councils, and officers and its own citizenship criteria. The in-


habitants of each community were considered a separate group and weretreated as foreigners in all other jurisdictions.∂≥

It is nevertheless plausible that at least some movement towards the creationof a single community of natives similar to Castilian naturaleza did take placein southern Italy. Naples, for example, was a kingdom consisting of a maincity (Naples) and various settlements of different sizes and importance.∂∂ TheNeapolitan authorities recognized this reality and admitted that each localcommunity included in the kingdom had its own citizenship regime. Neverthe-less, on different occasions, these authorities attempted to constitute a singlehomogeneous community for the kingdom. This was especially clear in theactivities of the fiscal court, which was the body responsible for tax collection.Tax collection depended on citizenship, and so the court was often chargedwith distinguishing citizens from noncitizens. Actively pursuing this goalwithin the confines of the city of Naples itself, its organs complained that thecriteria for exempting people living in the province were insufficiently clear.The fiscal authorities thus suggested charging the court with the duty of identi-fying people as citizens throughout the kingdom. Local citizenship criteriawould continue to exist, yet there would be a single body responsible fordetermining how these criteria would be applied so that, in spite of localdifferences, people could attain recognition as citizens of the kingdom.

In reality, the path towards constituting a common citizenship regime in thekingdom of Naples had been forged before. The fact that from the earlysixteenth century the fiscal court could declare people as citizens was in itself asign for the consolidation of state structures. It meant that the power to recog-nize people as citizens was no longer only in municipal hands but now, becauseof the involvement of the court, was shared between the municipality and theking. Also in the early sixteenth century, a monopoly on office holding in favorof ‘‘natives,’’ was instituted in Naples. For this purpose, in 1550 natives weredefined as those recognized by the municipal court as citizens, as well as otherpeople who possessed castles or ‘‘feudal properties’’ in the kingdom. There-after ‘‘citizenship’’ and ‘‘nativeness’’ were treated as synonyms. Until the eigh-teenth century, people could be ‘‘naturalized to become citizens,’’ and foreign-ers could obtain citizenship and be declared natives after a ten-year residency,marriage to a native, and the purchase of property. The local municipal courtof Naples bestowed foreigners with both citizenship and nativeness, and itrarely distinguished between one status and the other. At the same time, Neap-olitan jurists developed a constitutional discourse that distinguished the king-dom from the monarch.∂∑ This discourse presented the kingdom as a commu-nity of natives that had an ‘‘immemorial’’ existence and was therefore previousto and independent of the monarch.


ENGLAND

Most literature on local citizenship in England during the early modernperiod focuses on London.∂∏ In it, freeman is the equivalent of citizen. Thestory this literature tells is quite clear. In thirteenth- and fourteenth-centuriesLondon, the body of citizens was defined by charters that allowed only free-men to practice crafts and trades, to participate in political life by electing andbeing elected to office, and to enjoy legal privileges, such as the right to trial bythe local courts. There were five ways by which to obtain freedom in London:patrimony, apprenticeship, redemption, grant, or office. Freedom by patri-mony was granted to sons of citizens who requested admission to freedomunder the auspices of the gild to which their father belonged. Freedom byapprenticeship was granted after a seven-year training period, with the ap-prentice’s master, or his company, paying the necessary costs. Freedom byredemption consisted of purchasing freedom, with the cost varying accordingto the trade or craft the newcomer wished to exercise. This means of acquiringfreedom provoked lengthy debates, which centered on the question of whetherthe sums newcomers paid were equal to the privileges they received. As a resultof this periodic questioning, freedom by redemption was prohibited at times,or its legal implications were restricted. Those freed by redemption wereforced to provide sureties that they would fulfill the obligation of residing inthe jurisdiction and paying taxes. Freedom by grant was usually given toindividuals on the basis of petitions by the king, queen, bishops, or otherdignitary to London’s authorities, requesting that one of their clients be admit-ted to freedom. This admission could take on the form of redemption, or itcould involve reduced fees or no fees at all. Freedom by office holding wasmainly bestowed on people working in the common council, such as clerks,butlers, and valets of the city.

London’s historians tell us that during most of the early modern period,citizenship was mainly identified with apprenticeship and the exercise of aspecific trade, craft, or occupation. Most admissions to freedom were ac-quired on the basis of apprenticeship (up to nearly 90 percent in the 1550s),placing most of the control over citizenship acquisition in the hands of thegilds and companies.∂π If in the fourteenth century their fellow tradesmenadmitted to gilds persons who were already freemen, by the early sixteenthcentury membership in a gild was a requirement for obtaining freedom. As aresult of this shift, the gilds and companies effectively determined who wouldbe admitted as freemen and allowed to possess economic and political rights inthe city. This situation changed only in the late seventeenth and the eighteenthcenturies, when, for the first time, the numbers of individuals admitted to


freedom by patrimony and redemption grew substantially. Although duringthis period apprenticeship remained the most common instrument for theacquisition of freedom, the immediate association between freedom and oc-cupation was fading away. By that time, freedom became a mark of socialprestige sought by merchants, government officials, and professionals. Itsmain significance was that it conferred membership in a corporate community.

The growing importance of freedom by patrimony and redemption wasparalleled by the weakening of the gilds’ control over the crafts and trades.Many people who resided outside the municipal boundaries yet within greaterLondon exercised the trades without acquiring freedom or gild membership.This situation reduced the number of people willing to serve as apprentices.Attempts to increase these numbers by offering advantages to individualswilling to work within municipal boundaries mostly failed, as did campaignsto locate and expel noncitizens practicing crafts and trades in the city. Thenumber of people admitted each year to the guilds and companies steadilydeclined, from 2,100 persons a year in the 1670s to 1,250 a year in 1745. In1750, a new system of licensing emerged, allowing nonfreemen to practicecertain offices. As the economic benefits of freedom diminished, so did interestin becoming free. Freedom was now viewed mostly as a bothersome statusinvolving the payment of fees and the duty—rather than the privilege—ofholding municipal offices.

There are some indications that similar developments occurred in otherearly modern English corporate cities where only freemen were allowed totrade.∂∫ In all of them, freedom usually entailed membership in a gild, andfreedom and gild membership could not be separated. As was the case inLondon, the gilds, rather than the municipal authorities, yielded most of thepower to admit people as freemen, although the grant of freedom to magnatesand their clients and the concession of freedom by redemption and patrimonyalso existed. By the late seventeenth century, gild control over urban economicactivity considerably diminished, and by the eighteenth century, the associa-tion between freedom and gild membership became weaker than ever before.Nevertheless, at least in some jurisdictions, such as Leicester, York, Notting-ham, Boston, Oxford, Southampton, Lincoln, and Yarmouth, the struggle tomaintain the privileges of freemen was particularly intense until at least theeighteenth century.

Chartered cities in the English North America apparently followed the samepractice.∂Ω New York City, for example, recognized three ways by which peo-ple could become freemen: birth, apprenticeship, and redemption. The differ-ences between this regime and the one practiced in London were minimal,residing mainly in the adoption of a four-year apprenticeship instead of the


seven years required in London and in the admission of the poor. Attempts tocreate a public registry of freemen failed in New York, and people oftenreferred to themselves as ‘‘freeman by reputation.’’ There is some discussionwhether the exercise of crafts and trades in the city was indeed restricted tofreeman. According to some, it was not, and citizenship in New York mainlyimplied political, not economic, privileges. Similar practices were followed inother chartered cities, such as Annapolis, Maryland, where a five-year appren-ticeship allowed people to become freemen.

English freedom was substantially different from the Castilian vecindad. Itmainly implied an economic insertion and, although this insertion gave rightsto 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 Englandand its colonies. In Castile, on the contrary, local citizenship existed in allsettlements. Although it carried with it some economic advantages—such asthe right to use the communal pasture or to introduce certain products into thelocal market—the idea of citizenship as discussed within the community wasfairly distanced from these factors. Economic interests and agency might haveprompted some to question the status of certain people; yet rejection wasalways 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 SpanishAmerica, Castilian citizenship was seriously modified. As in the case of Italy, insome odd way English freedom resembled Castilian nativeness and not citi-zenship. This is especially true if we consider the idea of nativeness as it wasapplied in Spanish America, where mercantile interests and agency dominatedthe discussion. Indeed, in Spanish America the definition of nativeness waslargely controlled by the merchant guilds, which acted as both eyewitness andexpert witness. This definition implied the right to trade, and the classificationof people as merchants or artisans could determine whether they would beaccepted or rejected. Yet even in Spanish America, obtaining rights dependedon integration. Whether artisans or merchants, whether allowed to trade ornot, it was consistently claimed that people became members of the commu-nity first and foremost by virtue of their decision, which was evident in theiractivities. Royal naturalization letters only formally sanctioned a situationthat 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 natureand extension of English freedom. According to Jonathan Barry, in the MiddleAges freedom was a highly localized regime that designated emancipation


from feudal ties of people who became citizens in free towns.∑≠ Over time,however, freedom became an institution common to all Englishmen. In theearly modern period, freedom was claimed as a birthright and was constitutedas 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 nationalcontexts, such as the parliamentary elections. As early as the seventeenthcentury, common images if not common criteria for the admission of freemenwere consolidated. Most important among them were financial independenceand the establishment of a domicile. Freemen were now identified as thosehaving property in their places of residence. Eventually, a rule was set accord-ing to which all inhabitant householders paying ‘‘scot and lot’’—the locallylevied tax—had the right to vote. Concurrent also were common law deci-sions stipulating that those who abandoned the community also abandonedtheir freedom.∑∞ Under common law, in the late seventeenth century and in thefollowing century, men who owned property or who served as apprentices forseven years could be considered free even if they did not obtain a formaladmission to the community.∑≤ Indeed, common law restricted the ability ofgilds’ and municipal authorities to reject ‘‘worthy’’ candidates. A candidate’sincapacity to comply with duties was the only consideration that could justifyexclusion. The common law courts also stated that freedom could never besold. Buying freedom by paying redemption fees was a fiction. 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 couldnot purchase their freedom in this way.∑≥ In summary, in seventeenth- andeighteenth-century England a local, actual freeman and an abstract ‘‘national’’freeman existed side by side. Included in the common regime of freedom weremany of the rights recognized in Castile: the right to obtain freedom, theimportance of residence and marriage to a native, and the payment of anentrance fee, as well as the payment of taxes. Furthermore, common lawcourts explained that these factors were not important on their own: theirsignificance was tied to the fact that they proved the willingness of newcomersto become members of the community and to comply with the subsequentduties. 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 ofthe 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


be conditions were actually presumptions. Finally, the English practice arguedthat communities and guilds were limited in their ability to reject candidates,and it set the rule according to which people who acted in certain ways becameworthy of freedom.

The relation between membership in a local community and membership inthe community of the English kingdom has not yet won extensive treatment.We are generally told that during the early modern period a distinction wasintroduced separating aliens—those of another allegiance—from foreigners—Englishmen not enjoying the freedom of the city. Concurrent with this dis-tinction was the rise of a process that gradually restricted the eligibility ofaliens to freedom.∑∑ London set the example by establishing, in 1427, that noone could be made a freeman of the city unless he was under allegiance to theking. Parliamentary acts of 1523 and 1530 extended this measure by prohibit-ing the employment of aliens as apprentices and as practitioners of crafts andtrades.∑∏ During this period, London’s citizens were also concerned with thestatus of the sons of aliens born in the kingdom. Although these sons werelegally English (see below), they were often suspected of maintaining an in-clination in favor of their parents’ country of origin. Londoners stated thatnative-born persons should always be preferred over naturalized aliens. Theyproposed a distinction between young bachelor aliens and elderly people whohad lived in the city for a long time and who were married and whose childrenhad been born in the city. Desiring to expel the first, they offered limitedtolerance to the second by allowing their admission into London’s companies,although not into London’s freedoms. Until 1737, London’s statutes forbadethe sons of foreigners, even those born in the kingdoms to naturalized parents,to become freemen by apprenticeship; they could obtain recognition as free-men only through redemption.∑π

The situation in Castile could not have been more different. In Castile,aliens were easily admitted to local communities, and this admission con-verted them by extension into natives. Despite these differences, the preoccu-pations expressed in London were surprisingly similar to the ones expressed inCastile, Spain, and Spanish America. In all these places locals wished to guar-antee that people who received the rights of members were indeed loyal to thecommunity. Integration in the community through residence and marriagebecame a measure of the ability to trust a newcomer. Attempts to establish apermanent distinction between natives and the naturalized were also present,as locals called to restrict the rights of people legally considered natives butwhose loyalty remained questionable.

Most discussions regarding the classification of individuals as ‘‘English’’ or‘‘aliens’’ were related to the ability to own and inherit real estate.∑∫ During the


late Middle Ages, this ability was restricted to individuals born in the kingdomas a practical rather than an ideological matter.∑Ω Birth in the kingdom allowedparties to prove their genealogy, which assured their right to inherit land. Overthe 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 peopleeligible to inherit. With the consolidation of state structures in the sixteenthand early seventeenth century, emphasis on birth gave way to emphasis onallegiance. 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 andfrom the seventeenth century onward, the ability to inherit came to depend onallegiance to the king.∏≠ This allegiance was owed to the monarch in personand not to the crown as an institution. It ignored the division of the monarchyinto different kingdoms, and people born under allegiance to the monarchwere considered members of a single community independent of whether theywere born in one kingdom or another. As natural subjects of the king, theycould demand equal rights and equal liberties in all royal domains. Changes indynastic unity and territorial losses and gains could thus unite the subjectsof various kingdoms into a single community, just as it might divide theminto 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 consideredEnglish 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 seventeenthcentury it was repeatedly asserted that allegiance could not be abandonedwithout royal approval. Allegiance also implied that people born in royaldomains were by definition original members of the community, irrespectiveof their decent. On occasions, domicile was also invoked, but mostly as apresumption. For example, in 1576 a royal decree ordered that people whohave lived in England for more than twenty years could be ‘‘reputed naturalsubjects 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 ofhis council granted the first, called ‘‘denization.’’ The parliament by a privatebill granted the second, titled ‘‘naturalization.’’ Both mechanisms had no fixedformula, nor were they regulated by law. Considered acts of sovereign bodies,they depended on the discretion of the king or the parliament, and either actorcould decide when to grant them and to whom. There were no precise pre-requisites and no clear procedures. In most cases, however, naturalizationgenerated greater benefits than denization. It usually included more rights,


and it operated retrospectively by legally constituting those naturalized asnatives from the day of their birth. Yet because it was granted by parliament,contrary to denization, naturalization could have an effect only in the king-dom that issued it. Different naturalization procedures existed, for example, inIreland, Scotland, and England. The king was obliged to respect them all, yetnone had value outside the territory in which it was granted: naturalizationgranted by the Scottish parliament could be ignored in England and vice versa.The issuing of naturalization in parliament also meant submitting to longprocedures, including committees’ reports and a parliamentary vote. Natural-ization was also substantially more expensive than denization and was prac-tically closed to non-Protestants because it required making an oath to thecrown and participating in the sacraments of the Church of England.

Membership in the community of the kingdom of England was substan-tially different from community membership in Spain. In England, emphasiswas placed on the relationship between subjects and the king. In Spain, royalattempts to recast the community as one containing vassals mostly failed, asdifferent organs attested that the kingdom was, first and foremost, a structurelinking individuals to one another within local communities. These differentvisions of the community had important consequences. Because natural alle-giance to the monarch could not be abandoned without royal consent, statusin the English case was permanent. Because the relationship between individ-uals and the community could modify continuously, status could be changedautomatically and without royal intervention in the Spanish case. In the En-glish case, several kingdoms could create a single community. In the Spanishcase, this singularity was impossible, and it continued to be elusive even afterthe early eighteenth-century decrees that were intended to institute a unitedcommunity in Spain.

England in the New World

Englishmen who immigrated to the colonies maintained their birthright,and as individuals born under allegiance to the king, they and their childrenwere part of the same community of subjects regardless of their domicile.∏≥

The status of people naturalized in the colonies was less clear. In question wasthe ability of the colonial authorities acting on behalf of the king and thecolonial assemblies acting as parliaments to grant denization or naturalizationto foreigners. This question reflected a wider constitutional debate that ragedthroughout the colonial period regarding the authority of the English parlia-ment in the colonies and the power of governors and local assemblies inAmerica. Another question that had no clear answer in English North Amer-ica was the relation between freedom, company membership, and the rights of


Englishmen. These terms—freedom, membership, rights—were often treatedas synonyms. Some colonial charters explicitly stipulated that companies wereallowed to transport aliens to their territories. Others stated that foreignerscould be admitted to freedom and company membership. Although nonespecifically granted the companies the power to naturalize aliens, many peopleassumed that admission to freedom and attaining naturalization were one andthe same thing. In New England, admission to freemanship usually replacednaturalization and, although Massachusetts and New Hampshire limited free-manship to Englishmen in 1664 and 1680, respectively, Connecticut andRhode Island did not.∏∂ In both of these latter colonies, freedom was onlyconditioned by the consent of municipal deputies, and it could indeed beextended to aliens. Municipal authorities thus proceeded to integrate aliens,and they considered that their admission to freedom or their long residencemade them worthy of the rights of Englishmen. In 1676 and 1678, New Yorkfollowed this vein. In other colonies, governors as well as local assembliesassumed the right to grant denization and naturalization to aliens. They did soby way of individual acts or by legislation. In 1669 and 1691, South Carolinapassed laws allowing domiciled aliens, upon their registration, to receive therights already enjoyed by settlers classified as subjects. Virginia and Pennsyl-vania did the same soon after.

The metropolitan authorities in England fought to eliminate these practicesor to limit their effects. After the 1680s, and especially in the eighteenth cen-tury, they repeatedly asserted that naturalization granted in the colonies wasvalid only in the jurisdiction of the granting body. They insisted on making adistinction between naturalization with a general effect, which was any natu-ralization granted by the parliament, and naturalization with a limited effect,which applied to naturalization granted in the Americas. Back in England,different people and groups expressed a growing dissatisfaction with the exist-ing naturalization regime, which had no clear rules and no clear procedures.They demanded that the government adopt a general naturalization act tomake petition handling an administrative matter rather than an individual actof sovereignty. In the debates that preceded the enactment of this legislation,discussants reviewed different immigration policies and questioned whetheradmitting aliens into the community would be beneficial. Especially conten-tious were the status of alien merchants and the desirability (or not) of theirintegration. The population of the kingdom, the economic benefits of theenrollment, and its fiscal and religious implications were all considered. Ques-tions of culture and loyalty were also mentioned. Could aliens ever abandontheir natural love to their place of origin and truly come to love the Englishcommunity? In response, some people affirmed that all Englishmen at some


stage of their past had been aliens, whereas others insisted on a true qualitativedifference between natives and aliens. At stake was also the question whethersociety was made of free, rational, and autonomous individuals or whether itwas organic in nature, grounded in natural distinctions, and headed by apaternalist monarch.∏∑ Bills proposed in 1664, 1672, and 1694 were rejected.A general naturalization act was passed in 1709, but it was repealed threeyears later. This act promised all Protestants born outside royal allegiancenaturalization 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 first permanent general naturalization act was passed in 1740. Thisact, which covered only aliens residing in the colonies, stated that Protestantsborn outside royal allegiance could be considered native Englishmen all overthe 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 alienProtestants serving in the colonial armies.

Developments in English North America closed some of the gaps betweenEngland and Spain. In both England and Spain, people who immigrated to theNew World maintained their status as subjects and natives. In English NorthAmerica as in Spain, a close relation existed between local integration andthe rights and privileges of natives. Similarly, both local communities werewilling to define the rights of individuals with regard to the king and king-dom. Yet, the English authorities reacted against these developments. To limittheir effects, they ruled that American naturalization was merely a local licenseto enjoy the rights of an Englishmen. This had the effect of making NorthAmerican naturalization in English colonies equivalent to the Spanish Ameri-can composición. This naturalization allowed people to be treated de factoas 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 solutionsadopted in Spain. They adhered to the idea that people of the ‘‘right’’ religionwho 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-firmed the ability of people to change their nature and come to love theiradoptive community.

Indians and Africans

The status of Indians and Africans in English North America was highlyambiguous. During the colonial period, Indian tribes were usually treated assovereign political communities and as alien nations. Tribes living under ef-fective English jurisdiction and accepting subjection to the king enjoyed royal


protection yet remained external to the English community. Individual Indianswho left their tribes could theoretically merge into the English populationthrough their naturalization.∏∏

The status of Indians as foreigners persisted after the American Revolution.Matters related to the Indians were classified as federal affairs, and treatiesconcluded with several Indians tribes allowed their members to be collectivelynaturalized. The degree to which Indian communities were indeed ‘‘foreign’’was nevertheless debated. For example, in 1831, Chief Justice John Marshallof the U.S. Supreme Court argued that Indians formed part of ‘‘domesticdependent nations.’’ There were also suggestions about creating a separateIndian state to be added to the confederation, or allowing Indian tribes to electtheir own representatives to the U.S. Congress. Again, as individuals, Indianscould be naturalized. Born under allegiance to a foreign community (the In-dian community), they needed to renounce their status as members of thatcommunity before they could be admitted to the American one. Racial preju-dices also operated, affirming that, independent of their ‘‘correct’’ legal classi-fication, Indians were simply unfit to be citizens.∏π

In Spanish America, Indians were treated as vassals of the king and asnatives. Whether viewed as individuals or as members of groups, they werenever considered foreigners. This did not mean that they were treated withequality. On the contrary, Indians were classified as minors in need of protec-tion, and they were initially placed in special communities where Spaniardscould not reside. Nevertheless, theoretically at least, they would come of ageand become full members of the community. Their admission in the Spanishcommunity was affirmed in 1812, when the Cádiz constitution declared theIndians and their mixed-blood offspring both Spaniards and Spanish citizens.

The status of freed Africans in English North America was also highlyambiguous.∏∫ On one hand, the rights of freed Africans—initially quite signifi-cant—were gradually restricted. Freed Africans were progressively excludedfrom many privileges traditionally associated with citizenship, such as officeholding, voting, and serving on a jury. On the other, these restrictions arosefrom local legislation and were more substantial in some places than in others.This ambiguity permitted some freed Africans to claim rights as ‘‘freebornsubjects.’’ It also allowed colonial authorities to promise freed Africans therights of English-born subjects under certain conditions as in 1765 when theywere invited to settle, for example, in Georgia. Yet on some occasions it wasspecifically stated that the discrimination against freed Africans was directlytied to their being perceived as outsiders and was motivated by the belief thatthey were unworthy of equal treatment.

The ambiguous status of freed Africans continued after the colonies gained


independence from England.∏Ω In late eighteenth- and early nineteenth-centuryAmerica, it was often suggested that the general assumptions governing citi-zenship allowed considering Africans as birthright citizens. This was the opin-ion of several people engaged in legal and political debates in the 1820s and1830s, who affirmed that freed Africans were neither aliens nor slaves, butinstead free citizens. According to their perceptions, freed Africans could notbe considered foreigners because they had been born under allegiance to thesame authority and because they enjoyed many rights and suffered many dutiesattached to citizenship. Since there was no intermediary status between nativesand foreigners, if they were not foreigners, they were necessarily natives. Nev-ertheless, other people argued that, despite their local birth and freedom,individuals with any portion of African ancestry were not members of thepolitical community; they were either aliens or denizens. In this view, man-umission was insufficient to acquire citizenship, and the state could tolerate thepresence of people who were neither natives nor aliens but instead ‘‘subjects’’or ‘‘quasicitizens.’’ The question remained open until the Civil War and, as inthe case of the Indians, the legal debate took place in a social reality of racism,discrimination, and prejudice.

The status of Africans as foreigners, or semiforeigners was also adopted inSpanish America, as was the assumption that Africans had to be treated dif-ferently than other people. Indeed, conditions that in other cases would haveeasily worked to convert foreigners into natives did not function in their case.Africans, it was decided, either lacked the capacity or the will to becomenatives. This situation persisted into the early nineteenth century. Because ofthese perceptions, which operated alongside racial and ethnic prejudices, al-though Africans were classified as Spaniards in 1812, they were not grantedSpanish citizenship.

FRANCE

Most studies on local citizenship in France indicate that until the four-teenth century, citizenship (citadinage) was a condition given to inhabitants ofcorporate towns (bourgs). With citizenship came local privileges and dutiesand the right to hold public office.π≠ People who wanted to obtain this statushad to petition the local authorities and express their willingness to complywith the obligations of citadinage. They were required to take an oath and tomake a deposit against their pledge to comply with duties, especially the dutyto buy or build a house within a year and a day. The French kings also createda unified general citizenship regime by establishing the status of ‘‘royal bour-geois’’ (burgesias regni nostri). This status was open to free single men andwomen and to married couples. It implied the obligation to reside perma-


nently in a settlement unless legitimate reasons justified the petitioner’s ab-sence. It allowed citizens to change their residence from one community toanother, but it prohibited them from having citizenship in two different com-munities at the same time. Although the king’s bourgeoisie were originallycitizens of royal jurisdictions, since status was attached to people and notcommunities, the bourgeoisie who left royal towns and settled in fiefs of lordscould maintain this status. As direct dependents of the monarch, they wereprotected by him and subjected to his courts.

The evolution of local citizenship practices in France after the fourteenthcentury is mostly described either vaguely or by reference to Paris. In general,by the early modern period the status of bourgeois became irrelevant. Al-though citizenship petitions were still heard in a few cities, especially largeurban commercial centers such as Bordeaux, Lyon, and Marseilles, this wasthe exception. In these cities, people could become bourgeois after they hadresided in the territory for a prolonged period with no substantial absence, andonce they demonstrated that they were capable of paying the local taxes, eitherbecause they owned a house or because they were able to pay entrance fees.π∞

In other French communities, the status of bourgeois was ill defined, and itwas seldom requested. In most of them, it no longer prescribed economicadvantages and was instead an honorary title void of practical implications,one that was constituted independent of formal declarations. By the eigh-teenth century, bourgeois status signaled a certain social and political distinc-tion of belonging to the community. It was mainly granted by reputation tomembers of the local elite, and it was associated with people living from theirrents, a fact that distinguished them from both nobles and workmen.

During the eighteenth century, royal intervention in municipal governmentgrew exponentially, and in 1764–65, a common regime was instituted in citiesand towns (bourgs and villes) throughout France. During this period, andespecially in large urban centers, residency became more important than cit-izenship. In most cases, people wished to obtain the droit d’habitantage ratherthan the rights of citizens because the former status was less expensive toacquire and maintain. It required petitioning the local council for a lettred’habitant. These letters of residency allowed people to reside in the commu-nity and permitted them to enjoy some of the privileges traditionally associ-ated with citizenship. Most of these privileges, however, were civic rather thanpolitical. Unlike citizens, inhabitants were excluded from participating in localassemblies, and they could not vote or be elected to office.

This genealogy of local citizenship is largely confirmed by studies centeredon Paris.π≤ From the late sixteenth century through the seventeenth century,Parisian heads of households residing with their families in the jurisdiction for


a year and paying taxes were eligible for citizenship. Paris, it was then argued,was unique among French towns because it encouraged inward immigrationby allowing all ‘‘integrated’’ individuals to become bourgeois. The liberty ofParis to define its own community was nevertheless restricted. Because citizen-ship allowed individuals to enjoy tax exemptions, the monarchy often wishedto control who the citizens were and pursued this goal through several paths:by attempting to change the definition of citizenship, by applying a reduction-ist interpretation to existing statutes, and by imposing first the purchase ofletters of citizenship and then the elaboration of a public registry of bourgeois.These measures were resented by the local authorities, who wanted to retaincontrol over the enrollment of citizens and who hoped for a more lax defini-tion that would allow more people to become citizens and thus increase thenumber paying the local municipal fees (boues et lanternes).

Parisian citizenship practices were modified considerably in the passage fromthe Middle Ages to the early modern period. These modifications were theresult of social, economic, and bureaucratic developments. As Paris changedfrom a mainly commercial center into a highly complex court society, thebourgeois gradually became identified with a small social sector that includedindividuals of independent means (rentiers). This identification was linkedinitially to the idea that people of independent means were capable of payinglocal taxes. By the seventeenth century, however, this identification acquired asocial meaning. Tied to the increasing importance of bureaucrats and noblessede robe in the city on one hand, and to the growing economic power of therentier class on the other, citizenship became associated with a certain type ofurban nobility. This association was also hastened by the fact that the rights ofcitizens and nobles became quite similar. At the end of this process, citizenshipimplied a certain lifestyle that excluded all those engaged in manual labor or incommercial activity. It thus became divorced from its original constituency,the merchants.

The distinction between merchants and citizens was publicly acknowledgedin 1701, when, for tax purposes, merchants were subjected to the lieutenantgeneral of the police, while citizens were placed under the jurisdiction of cityofficials. It was again confirmed in 1714, when the royal courts stated that inorder to enjoy tax exemptions as bourgeois, individuals needed to complywith four requirements: reside in Paris at least seven months a year, cultivatenothing by hand except their land and vineyards, sell none other then the fruitsof their land, and do nothing to degrade the status of citizen.π≥ In 1721 and1738, these perceptions of citizenship were again invoked when it was de-clared that, as people living from rents, retired merchants and their widowsshould be included in the tax rolls among ‘‘citizens’’ rather than ‘‘merchants.’’


By that time, many Parisians were no longer interested in acquiring citizen-ship. Foremost among these disinterested persons were royal bureaucrats,whose status and privileges by virtue of office were more ample and moreimportant than those they could possess by virtue of citizenship.

Local citizenship practices in France and Castile differed dramatically. Aswas the case in Italy, in early modern France citizenship became an honorarytitle that was linked to the possession of important economic means and to thepractice of a certain lifestyle. It became the status of the few and privileged. Ascitizenship was gradually dissociated from residence and integration, a newregime had to be invented to regulate residence. These developments were verydifferent from developments in Castile, where until the end of the Old Regimecitizenship was a condition that implied certain rights and duties. In Castile,citizenship was granted to individuals of all qualities and all economic meansas long as they were independent heads of households. No parallel regime ofresidency emerged. If any similarity existed between Spain and France, it wasmainly with respect to the way Castilian citizenship was implemented in Span-ish America. In Spanish America, as in France, citizenship was emptied ofmany of its practical implications. In both realms it became an honorary title,linked to reputation.

The relation between local citizenship and the community of the kingdom inFrance was highly complex. Most French communities denied aliens the rightof citizenship. Although in Marseilles and Lyon aliens could become citizens,their admission to the municipal community was insufficient for their natural-ization. This inability of French communities to admit foreigners was ex-plained by reference to royal sovereignty. According to most historians ofFrance, by the sixteenth century the subjection of local communities to theking was complete. Instead of a territory composed of different local commu-nities, France became a kingdom. One consequence of this development wasthat the status and rights of people were no longer determined by reference totheir local membership. Instead, they were determined by their relationshipwith the monarch. Letters of citizenship (lettres de bourgeois) gave way toletters of naturalization (lettres de naturalisation) and the term aubain, whichduring the Middle Ages denoted all outsiders, now specifically designatedforeigners to the kingdom. Because of this process the king obtained a monop-oly over the classification of people as natives or foreigners, which had earlierbeen exercised by local communities, and he gained control over alien prop-erty (droit d’aubain), which earlier had belonged to local lords.

This royal monopoly on the composition of communities was unknown inCastile, where local communities could admit foreigners to citizenship and,by extension, to nativeness. The king never achieved a monopoly over the


classification of people as natives or foreigners as this classification took placeautomatically and without his intervention. Yet, however substantial thesedifferences might be, there are some indications that even in France localintegration was essential to the assimilation of foreigners also as members of alarger, kingdomwide community. Claudine Billot affirmed in the past that thisassimilation was social rather than legal and political, and that it operatedonly on a local level and independent of the state.π∂ Yet the proof she suppliesis found in legislation rather than in actual practice. Furthermore, Billot ac-knowledges that most letters of citizenship and naturalization were granted tomembers of elite groups, and that most other foreigners and aliens obtainedstatus (and enjoyed rights and complied with duties) independently of them.Her description thus suggests that practices in France may not have beenradically different from practices in Spain.

The distinction between natives (régnicole) and foreigners (aubains) hadmany practical implications in France.π∑ Most important among them was theinability of foreigners to bequeath or inherit estates (droit d’aubain).π∏ As aresult of this inability, upon their death or the death of their loved ones, theestates of foreigners passed to the king. The relation between inheritance andFrenchness was such that, according to Marguerite Vanel, individuals wereclassified or declassified as French according to contemporary perceptionsabout who should or should not inherit. Instead of allowing Frenchmen toinherit, those whom the magistrates considered worthy of an estate were even-tually recognized as French. Over the years, the French monarchs graduallyexempted many individuals or groups of individuals from the droit d’aubain.These exemptions were expressed in particular acts, in laws, and in ‘‘interna-tional’’ treaties, and they targeted individuals by virtue of their occupation,place of residence, or origin. As a result of their enactment, the ability to useinheritance as a marker distinguishing French from foreigners substantiallydiminished, as did royal revenues from the droit d’aubain. Nevertheless, thedroit d’aubain persisted. It became endowed mainly with a symbolic meaning:it now marked the sovereignty of the king and it designated the precariousfrontier between natives and foreigners.

Historians agree that for the purpose of inheritance a person was French ifhe or she resided in the territory and had been born there to at least one Frenchparent. This definition required the combination of two conditions: descentand birth in the territory. Descent was usually proved by employing presump-tions and reputation rather than supplying hard facts. Although some candi-dates presented their baptismal records and marriage certificates, most peopleinvoked their public image and the public image of their parents. Birth in theterritory was equally proved by supplying documents or by public renown. On


occasions, it required defining the exact extent of French territories, whichwere usually identified as those under royal jurisdiction.ππ This meant thatthe boundaries of the community could vary according to territorial gainsor losses. Once territories were lost, their natives who were formerly Frenchbecame foreigners and once territories were gained, individuals who were for-merly foreign became French. People born under royal allegiance were there-fore French, and they could maintain this condition if they came to Francewhen the territory where they were born changed hands.π∫ In the French case,even people born in territories claimed by the French king but not currentlyunder his actual domination could be considered French. The same happenedwith people born in French colonies, who, independent of their genealogy,were considered French natives and were eligible to inherit property.

Another condition for Frenchness was religion. It was assumed that theFrench community was Catholic and that only Catholics could become Frenchnatives. Nevertheless, recent research indicates that the naturalization of Prot-estants continued after the revocation of the Edict of Nante in 1685, and thatin some cases at least, Jews could be naturalized.πΩ

The idea that Frenchness depended on birth in a certain territory was ini-tially linked to the belief that individuals loved the land where they were born.But after the French kings ascertained their sovereignty, the importance ofbirth diminished. Progressively, emphasis was shifted from territoriality tosubjecthood and from community to king. In the sixteenth and especially theseventeenth century, individuals who left the kingdom and their sons—even ifborn abroad—could maintain their Frenchness as long as they continued tosubject themselves to the king. It was then argued that immigration did notjustify the conversion of French persons into aliens. This conversion couldonly take place when a French native living outside France made a deliberatedecision to obey another lord. The legal assumption was that he never did. Bydefinition, immigrants always had an esprit de retour. Initially, proof to thecontrary could be admitted, demonstrating that in specific cases individualsdid abandon their allegiance to the king. Legal presumptions could be in-voked, arguing that accepting employment by a foreign government or beingnaturalized in a foreign jurisdiction demonstrated that the immigrant indeedwanted to severe his ties with the king and with France. The establishment ofdomicile was also deemed important, and many argued that a person whoestablished a domicile in another jurisdiction where he wished to remain per-manently implicitly abandoned his allegiance to the king. Yet the ability to relyon domicile was questioned. Domicile, it was argued, was accidental whileallegiance and blood ties were permanent.

As a result of these perceptions, by the mid-seventeenth century the ability


to argue against the esprit de retour diminished substantially. It was underthese circumstances that Frenchness was portrayed as a quality that could notbe lost without an explicit declaration ending the subjection to the king. Alsoduring this period it was determined that sons of immigrants should not be‘‘punished’’ by their parents’ betrayal. Even if born abroad, they could beconsidered native French if they proved their allegiance to the monarch. Aproper and common proof was the decision to return to France, especially if itwere made before the ability to inherit came under legal scrutiny. The onlyexception to this rule was the status of sons of French merchants married toforeigners born abroad.∫≠ During the eighteenth century, these offspring wereincreasingly classified as foreigners because it was assumed that by marrying aforeigner their fathers had dissociated themselves from the French community.Theoretically, in question was their allegiance to France. In practice, however,equally important were French commercial policies aimed at pressuring ‘‘use-ful’’ merchants to return to France.

Unlike the French community, the community of Spanish natives was not acommunity of allegiance. Territorial gains and losses did not automaticallymodify its extension, nor was it expanded by royal claims to territories notunder actual royal control. Despite these differences, several elements werecommon to France and Spain. Both communities required their natives beCatholic, although it appears that this rule was more closely observed in Spainthan in France. In both communities, natives could become foreigners andforeigners natives. The conversion of people from one status to the otherdepended on similar factors and on similar presumptions that linked behaviorto intention. Accordingly, membership in the community of the kingdom de-pended on what people wanted. Nevertheless, the key question in France wasthe wish to preserve or abandon allegiance to the monarch; in Spain the prob-lem hinged on intention to continue or sever the association with the commu-nity. In France, the assumption was that people who were no longer in resi-dence did not want to change their status; in Spain the contrary was true.

Another point common to both Spain and France was the adherence tocategories and ideas elaborated by ius commune jurists. In both countries,these categories and ideas clashed with royal wishes that often perceived natu-ralization as a royal prerogative. In France, foreigners who wanted to benaturalized had to petition the crown, and the royal chancellery could issueletters of naturalization after the Chambre des Comptes (the royal court re-sponsible for supervising the droit d’aubain) reviewed the petition. In princi-ple, foreigners who wanted to obtain their naturalization had to have residedin France for a certain period and possess real estate. These factors served asproof that they intended to remain in France permanently. Two types of natu-


ralization existed. The first allowed foreigners to become citizens in the munic-ipality where they resided. The second truly naturalized them and was eitherlimited to the right to inherit or to enjoy ecclesiastical benefices, or it admittedforeigners to all rights and privileges of natives.

Despite the existence of these formal criteria, the French kings insisted thatnaturalization was a discretionary act. The tension between Roman law doc-trines focused on alien integration and royal prerogatives that included theright to an alien’s estate was constantly present. French jurists argued thatforeigners who were integrated in the kingdom had the right to receive natu-ralization, yet even they understood that this right could be restricted by theking. Furthermore, although foreigners had to be formally naturalized beforethey were admitted to the rights of Frenchmen, in some cases at least, even theking recognized that certain foreigners could automatically convert into na-tives, as was the case in Spain. This happened, for example, in 1715 withforeign soldiers who had resided in the kingdom for a sufficient length oftime.∫∞ The tension between integration and royal sovereignty also existed inreference to other practices. As in Spain, the French king could favor for-eigners who were royal servants and could grant them naturalization despitethe fact that they were not integrated into the kingdom. But unlike circum-stances in Spain, the French kings could declare that certain foreigners wouldbe treated as natives only in certain prescribed ways without ever grantingthem naturalization. For example, during the seventeenth and eighteenth cen-turies, foreigners could obtain exemption of droit d’aubain—equating them,de facto, to natives—by virtue of specific royal grants. Such exemptions weregranted to groups of ‘‘beneficial foreigners,’’ such as merchants coming to fairsand natives of allied countries who enjoyed the protection of ‘‘international’’treaties. These exemptions were also granted to individuals and to Frenchcities. Although they enjoyed the most important right of nativeness—theright to inherit—foreigners benefiting from these exemptions were still con-sidered alien. The same was true with regard to office holding. In France, yetnot in Spain, foreigners could obtain royal letters allowing them to be em-ployed in offices and benefices ordinarily reserved for natives without thispermit implying their naturalization.

It was also the case in France that letters of naturalization and even birth inthe 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 descendedfrom foreign families.∫≤ Stressing the foreignness of these individuals, many ofwhom were legally French, these decrees explained that their taxation wasjustified because the presence of foreigners on French soil was profoundly


illegal and because foreigners ‘‘usurped’’ the privileges of natives. Followingthis logic, in 1769, campaigns to distinguish true natives from actual (andlegal) foreigners were launched. In these campaigns, locally appointed com-missioners cataloged people as foreigners according to their local reputation.Despite the existence of a kingdom, as many as 40 percent of those identifiedas foreigners were Frenchmen originating from another French jurisdictionwhose foreignness, in the eyes of their neighbors, was as real as the foreignnessof people born outside royal allegiance.

Periodically, the liberty of the king to act as he pleased was questioned inFrance. Some early modern writers agreed that the kingdom was a communityof allegiance and that both nativeness and naturalization established, first andforemost, a relationship with the king. Others on the contrary insisted, espe-cially in the eighteenth century, that France was also a community of nativesliving under a single legal regime. According to them, nativeness and natural-ization mainly embodied a relationship between particular individuals and thecommunity. They even suggested that the ability to inherit must be distin-guished from both nativeness and naturalization. Inheritance was a questionof private law, whereas nativeness and naturalization defined the rights ofindividuals vis-à-vis the state and the crown. The officers of the Chambre deComptes joined in this discussion. In the late seventeenth and eighteenth cen-turies they occasionally refused to register the naturalization of foreignersexempted from the residence requirement. They revised the contents of royaldecrees ordering the naturalization of foreigners, and they verified the circum-stances of each petitioner. They perceived naturalization as a pact between aforeigner and the state, and they determined that this pact depended on theforeigner’s relationship not only with the king but also with the community.

In both Spain and France, the principles of ius commune allowed jurists androyal officials to argue in favor of naturalization by integration, and againstnaturalization at the sole discretion of the king. Yet in the Spanish case, iuscommune was presented as a natural law, and it was invoked extensively notonly by jurists and officials but also by individuals, municipalities, merchants,and merchant guilds. Indeed, the struggle against royal naturalization policiesseems to have been more successful in Spain than in France. This could bepartially explained by the different point of departure. In Spain, local commu-nities could admit foreigners and convert them also into natives. In France,this was not possible; to admit foreigners local communities had to secureroyal license. In Spain, communities closely monitored the naturalization ac-tivities of the king, and protested against them. In France, at least according toexisting literature, such was not the case, and the king enjoyed the right togrant offices to foreigners at his sole discretion.


Spanish Exceptionalism: Conclusions

Seventeenth- and eighteenth-century Spaniards were convinced thattheir practices were natural and universal. According to them, citizenship andnativeness were the automatic reflection of a higher truth dictated by God.Comparison with practices in Italy, England, and France demonstrates thatcontemporaneous European society did not share the exact same practices, atleast not to the degree Spaniards believed. There were many similarities be-tween Italian and Spanish municipal citizenship. Yet citizenship in Italy wasnot as pervasive as it was in Spain, and its practice never conformed to a clearcommon pattern as it did in Spain. In Naples at least, some progress was madetowards the creation of a kingdomwide community. Yet, this community wasoften mistakenly equated with the local community, from which it nevergained a true independence. Like Spanish litigants, French jurists adapted iuscommune doctrines to the realm of the state; however, instead of insisting onthe integration of newcomers in the community, they stressed allegiance to themonarch. Instead of linking local citizenship to membership in the communityof the kingdom by making citizenship a necessary step in communal con-struction, they recreated the kingdom without reference to the municipalsphere. In the process, local communities lost much of their power to definetheir own members, and, among other things, they lost the ability to admitaliens as citizens unless they obtained a special grant from the crown. Becauseof these developments, the typical foreigner (aubain) in France was a perma-nent resident; in Spain a person meeting the same criteria would be classified asa native.

In England, a variety of practices emerged that stressed the power of com-mercial corporations in the municipal realm and the sovereignty of the king inthe kingdom. Despite these apparent differences, English common law doc-trines were not as alien to Spanish practices as it might be initially suspected.Similarities were especially noteworthy during the eighteenth century, whenEnglish freedom, like Spanish liberty, was equated with the birthright of allnatives and was associated with a kingdomwide rather than a local regime.Similarities between developments in the English colonies and Spanish Amer-ica were also great. In the English colonies, the distinction between the munici-pal and the English community was not as clear as it was in England, and theestablishment of a domicile could transform aliens into natives. This transfor-mation could take place on the municipal level, on the company level, or after1740, on an empirewide scale. All of these traits were present in Spain butwere especially prominent in Spanish America. Other similarities betweenSpain and England also existed. Spanish and English cities both participated in


discussions concerning the naturalization of foreigners and lobbied for certainsolutions. But Spanish municipalities intervened in these processes directly bynaturalizing foreigners and indirectly by voting against (or in favor) of thenaturalization of foreigners by the king. In England, local communities couldonly intervene indirectly. They participated in public debates, and by the eigh-teenth century they expected their representatives to vote in parliament infavor of one solution or the other. In both England and Spanish America, therole of merchants and mercantile interests was important and, in both of them,merchant gilds were able to exert an enormous, although in some ways infor-mal, influence over the definition of the community. But while the power ofSpanish guilds was mainly exercised in cases concerning nonnative aliens, thepower of English gilds was mainly applied in questions of local citizenship(freedom). Last but not least, both England and Spain maintained regimes thatextended the metropolitan citizenship laws to the colonies yet allowed for theongoing development of different practices in the New World. This diversitywas especially clear with regard to the status of naturalized foreigners, whosenaturalization in the colonies did not necessarily guarantee their treatment asnatives in European Spain and England. England, however, wished to close itsdoors to foreigners in Europe but pursued a more open policy in the colonies,whereas Spain wanted to achieve exactly the opposite.

Beyond the specific nature of each case and the details of each country, allfour examples coincided on several issues. In Italy, France, England, andSpain, communal construction was often described by reference to a ‘‘dis-course of love’’ that acknowledged people’s heartfelt attachment to their com-munity of birth and to their sovereign; they were required to obtain love oftheir new surroundings if they wished to become members of a new commu-nity or subjects of a new monarch. Residence and tax payment were presump-tions that gave proof of love and allowed the community to trust the new-comers. Reputation and the passage of time fulfilled the same role. They en-abled communities to comprehend (or assume to comprehend) the nature ofthe relationship that now linked individuals to the collectivity. It was in the axisbetween natural love and free choice, determinism and liberty, preference fornatives and equality for immigrants that naturalization policies were debatedand measures were taken, in both local communities and in the kingdoms ofItaly, England, France, and Spain. Under these circumstances, those wishing toencourage immigration insisted that all members of the community were onceforeigners, and those opposing it claimed that the contrary was true.

In all four countries efforts were continuously made to strike a balancebetween authority and community, king and people, municipality and resi-dents. This effort was expressed in the constant interplay between local and


global and between municipal statutes and kingdomwide laws. Although locallaws that defined both citizenship and naturalization existed in all jurisdic-tions, these laws were matched by other systems that were just as efficient indefining members. Whether called common law, Roman law, ius commune, orsimply natural law, these other systems were external to both municipal androyal control. They were part of a communal heritage and were characterizedas ancient, widely held, and universally applicable. They operated to modifylocal and regal arrangements, and without ever being formally adopted, theywere essential to the construction of communities and to the definition of theirboundaries.

The tension between authority and community in Italy, France, England,and Spain was also expressed in the existence of citizenship and naturalizationby local and customary law on one hand, and citizenship and naturalizationby sovereign act on the other. Citizenship and naturalization by law expressedlocal customs and local legal traditions, which represented the community andits ‘‘ancient constitution,’’ which had preceded the installation of authoritiesand the king. Citizenship and naturalization by sovereign act allowed theauthorities, whether local or royal, to act on the margin or even in oppositionto legal arrangements. Invoking the power to naturalize by fiat allowed theauthorities to ignore the community and to assert that they were not subject toits laws.

In spite of these similarities, Spain was indeed exceptional in the vigor of itslocal citizenship during the eighteenth century. Evidence from Italy, England,and France suggests that local communities in these countries gradually lost orsurrendered their ability to impose a citizenship regime. Eventually, member-ship in the community became a social or honorary title, void of immediatepractical implications. In Spain, although not in Spanish America, local com-munities continued to examine the citizenship status of inhabitants and toinsist on the application of a regime that discriminated against noncitizens.Also in Spain, people continued to refer to themselves as citizen and noncitizenand to consider themselves first and foremost members of local communitiesand only secondarily as part of a kingdomwide association.

Another (related) point of Spanish exceptionalism was Spanish resistance toroyal sovereignty and the inability of royal interests to recast Spain as a com-munity of allegiance. Evidence suggests that in both early modern Englandand France the community of the kingdom was gradually identified with themonarch and the centralizing state. This identification allowed royal bureau-crats to modify the definition of the community according to territorial gainsand losses and according to dynastic unity and dynastic inheritance. It per-mitted English jurists to ignore the composite nature of the state and overlook


a constitutional reality of a multiplicity of kingdoms, each with its own lawsand institutions. In both Spain and Spanish America, royal efforts to do thesame were only partially successful. The authority of the king in issues ofnaturalization was indeed strengthened during the eighteenth century, yet thepower of municipalities to naturalize foreigners, and the idea that integratedforeigners could automatically became natives, persisted to the liberal revolu-tion (1808–14) and beyond. The transfer from citizenship to naturalization,from local to national, as described in France and as operative in England,never took place in Spain. Local citizenship and naturalization continued to beclosely associated with one another, and foreignness still operated on both thelocal and the kingdom level.

The sovereignty of Spanish kings was limited in other respects as well. Untilthe end of the eighteenth century, the Spanish parliament and the cities with avote in parliament continued to exert at least some control over the king’spower to naturalize foreigners. Just as limited was the ability of Spanish kingsto create a single community of natives in Spain. Although such a communityexisted in the New World from the late sixteenth century, its success in Euro-pean Spain was only partial. Even after the nueva planta decrees (1706–16),the Spanish community was, at least in some respects, a ‘‘composed’’ commu-nity. Natives of Majorca still held the monopoly on office holding in theircommunity, and they were likewise excluded from benefices in Spain; Cas-tilians could occupy offices in Catalonia only by virtue of a fiction that main-tained that they were collectively naturalized. Last but not least, Spanish prac-tices never denied people the right to change their community because of theirpermanent and unalterable allegiance to the monarch, as was the case inEngland and France. On the contrary, Spanish debates affirmed again andagain that people could migrate to or depart from the community and in doingso recreate themselves anew. There was no presumption of an esprit de retouras in France and no obligation to continue under royal allegiance as in England.

201

9

Conclusions and Afterthoughts

In February 2001, Spanish television aired a mock newscast staged by acomedy puppet troupe.∞ It presented Spain’s minister of the interior on board ahelicopter. Looking down at boats carrying immigrants trying to reach theSpanish coastline and illegally enter the country, he ordered the ‘‘good’’ immi-grants who wanted to work and integrate into Spain to stay on the boats. Hethen instructed the ‘‘bad’’ immigrants, those who wanted to commit crimes, tojump in the water and disappear. The same idea was expressed years earlier ina pop song that invited immigrants to integrate into Spain. The song suggestedthat immigrants are welcomed to Spain with their ‘‘eyes, dances, and lips thatpromise kisses,’’ but it rejected those who come with ‘‘smoke that does notallow to breathe, with anger and bad dreams.’’≤ Although the newscast andsong represented the feeling of many both inside and outside Spain, they leftunsolved the problem of how to distinguish good immigrants from bad, andwho has the authority to make this decision. It also failed to address theproblem of how in the process of distinguishing good from bad immigrants thereceiving society defines itself by establishing its criteria of membership andfixing its boundaries.

The question of which immigrants should be accepted and which should notwas also important to early modern Spaniards. The distinction between cit-izens and noncitizens, natives and foreigners was ultimately presented as an

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 itsduties and bad-intentioned people who did not. These latter were transientswho refused to tie themselves permanently to the community, who avoidedintegration into it, and who wished only to benefit from privileges.

The distinction between good and bad people was reproduced on all levels.It first appeared in Castilian and Spanish American local communities, and bythe seventeenth century, it operated throughout the realm of the kingdom ofCastile and in the Spanish kingdoms. This distinction originally defined atti-tudes towards immigration, yet it eventually constructed notions of member-ship and belonging. Independent of their origin and place of birth, in order toqualify 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 enjoyeda presumption of goodwill. Although they did not receive a truly differentialtreatment, on a day-to-day basis, social norms and understandings that rarelyquestioned their status protected their standing. This lack of conflict made thecondition of native born as both citizens and natives appear automatic. How-ever, such was not the case. Native-born persons could be required to provethat 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 defined in the first Spanish constitution (1812). Norshould it surprise us that, in Spanish America, the same distinction was helpfulto the elaboration of a Creole discourse that eventually justified the break withSpain 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 classified as ‘‘bad.’’ The classi-fication of people as good or bad depended on the identities of the parties andtheir interests and on the circumstances of place and time. It was linked to thewillingness to presume the presence of goodwill or to demand that candidatessupply ample proof of their situation and intentions. In some cases peopleclassified as bad—for example, the Chueta, the Gypsies, and Spaniards ofAfrican decent—were different in ethnicity, race, and customs from mostother citizens and natives. Yet even though discussants recognized the impor-tance of these differences, their exclusion was still argued by reference to theirquality as bad. This quality did not truly depend on individual behavior butwas a byproduct of membership in a group to which Spanish society attributedcertain intentions and certain ways of being.

Conclusions and Afterthoughts 203

This differential treatment resulted in some people acting as citizens andnatives without their status being questioned or verified, while others had tofight for recognition. For some, these challenges were random and singular;others were scrutinized again and again. A discourse focused on integration,and one that apparently allowed people to become members by virtue of theirdecision and their decision alone, could thus justify exclusion. Indeed, as theeighteenth century drew to a close, it became increasingly clear that eitherpeople acted as citizens and Spaniards or they lost the right to remain in localcommunities and, by extension, in Spain.

Apparent agreement on criteria did not mask real differences in their ap-plication. Individuals, collectivities, and authorities could disagree about what‘‘good’’ and ‘‘bad’’ meant and who should be classified in which way. Thisdisagreement confronted real actors with real interests, possibilities, desires,and fears. These actors engaged in long and often tedious discussions in whichthey attempted to ‘‘discover,’’ but also to construct and imagine, the intentionsof their fellowmen. This process of discovery had formal rules and ceremonialprocedures, but it also depended on the interests at stake, the capacity of theparties to negotiate or impose their views, and the dynamics among severalactors. Commonsense assumptions, ideas about justice, and perceptions of thecommon good were also important. Under circumstances of disagreement,identifying the authority that could decide on these issues became crucial. Yetin seventeenth- and eighteenth-century Spain and Spanish America no suchauthority existed. Citizenship and nativeness were generated on their own bythe mere fact that people acted and were allowed to act as members. In mostcases, no official recognition followed, and there was no final arbiter whocould decide who was worthy of which treatment. Written law gave someindication as to how these processes should happen, the courts intervenedwhen requested to do so by the parties, and municipal and royal authoritiesvoted in favor of one solution or the other. Nevertheless, the question of whowas good and who was bad could never be resolved conclusively. No singleauthority could decide it; it was negotiated socially, in day-to-day interactions,and depended on reputation and on changing circumstances. Rather than astatus, citizenship and nativeness were a situation. They crystallized in a cer-tain moment and were lost in another.

Over the years, different individuals and groups in both Spain and SpanishAmerica expressed frustration with this situation. According to them, theSpanish regime did not obtain a sufficient guarantee that people who enjoyedthe rights of membership would also comply with the corresponding duties.First in Spanish America—because of the alleged need to protect the commu-nity from greedy newcomers—and then in Spain—because of the desire that


permanent residents would comply with membership obligations—these indi-viduals and groups called for the institution of formal procedures and perma-nent classifications. Yet until the early nineteenth century and probably be-yond, in both Spain and Spanish America a regime of legality defining citizensand ‘‘nationals’’ failed to emerge. Discussions in 1812 in Cádiz demonstratedthat the categories adopted by the first Spanish constitution continued to relyon reputation: that is, they continued to classify people by reference to theiractivities as comprehended and measured by the other members of the com-munity. The same was true to with regard to the Creole discourse, whichdefined people as members of the Spanish American commonwealth.

In Castile, Spain, and Spanish America, citizenship and nativeness dependedon social negotiation and on an ongoing conversation among different actors,local groups, and even royal agencies. Rather than imposed from above, thedistinction between citizens and noncitizens, natives and foreigners came frombelow. It was a byproduct of the activities of people and groups fighting todefend their interests and to best protect what they argued was the commongood. These people and groups might have not been interested in fixing immi-gration policies or in defining the boundaries of their community. Neverthe-less, their activities did both. State and king were to a large degree external tothese processes. In the normal course of things, people became citizens andnatives, or lost their status as such, without any official intervention. Royaland municipal authorities intervened only when the members of the commu-nity failed to negotiate these arrangements on their own. Unable to control theeconomics of the Spanish American trade, Spanish monopolist merchants de-manded the assistance of the state to distinguish natives from foreigners and toexpel the latter from Spanish America. Not only did they initiate these classi-fications and insist on their faithful application, the monopolist merchantsalso prompted the state’s action by elaborating lists of foreigners and by ap-pearing in the courts and supplying proofs and arguments. At the same time,these merchants rejected the intervention of the state when royal organsclaimed the right to decide who the foreigners were, or to convert them intonatives. While the royal administration helped the merchants by guaranteeingprotection of commerce, the monopolist merchants aided the administrationby allowing its intervention in some cases, by recognizing its authority, and byhelping it implement certain measures. Mercantile activity also forced theroyal administration to refine and clarify its position, for example, with regardto the differences between naturalization by integration and by royal letter.

The same dynamics was also present in Spain: local communities requestedthe help of royal courts when they disagreed with candidates about theircorrect classification. Royal intervention in these cases of unresolvable conflict


was justified and legitimate—and was even requested by individuals, groups,corporations, and local communities—in all other cases it was not. The au-thorities, it was endlessly argued, did not create the community but simplyadministered it. Therefore, while naturalization by integration was natural,letters of naturalization were artificial. While naturalization by integrationwas a regular practice, letters of naturalization were extraordinary grants.They confirmed royal sovereignty precisely because they ignored law andcustom and because they modified the community in ways that were otherwiseimpossible.

Looking at official records and the legislation in order to examine the cit-izenship and nativeness of people is therefore insufficient. These records onlyinclude the minority of cases that provoked debate and they only describe howa person should be treated in a given moment governed by the existence of aspecific set of circumstances. In the vast majority of cases, on the contrary,individuals were subject to classification by people around them in day-to-dayinteractions. This classification was social rather than legal, implicit ratherthan formal. Belonging to a local community or to the community of thekingdom allowed individuals to enjoy the rights allocated to members; enjoy-ing these rights automatically converted foreigners into citizens and natives.Rather than an aberration, the transformation of people in this way wasconsidered natural. Society was not governed by man-made law, nor was ittruly controlled by the authorities. It was organic, and it experienced naturalprocesses of inclusion and exclusion.

The study of vecindad and naturaleza thus demonstrates the degree towhich the early modern state, at least in Spain and Spanish America, was farfrom commanding or engineering society. Rather than imposed from above,pressures from below generated vecindad and naturaleza. Rather than beingidentified in law and legislation, vecindad and naturaleza were defined bysocial practices applied by individuals, groups of individuals, and corpora-tions. These called upon the local authorities and the king to intervene only oncertain occasions; intervention was rejected at other times. The interplay be-tween the state and local communities, authorities and individuals, implicitand formal categorizations demonstrates that rather than communities creat-ing a state, or states creating communities, it was the dynamic relation be-tween one and the other that mutually constructed both.

From the perspective of vecindad and naturaleza, the Spanish communities,as well as ‘‘Spain,’’ were neither a natural phenomenon nor an artificial cre-ation. They were continuously constructed by a multiplicity of agents workingto defend particular interests, yet through this process constructing a commu-nity. Individual engagement in fixing communal boundaries both constituted


and confirmed these boundaries. ‘‘Centralized’’ state structures legitimized theprivileges and duties discussed and helped to impose them. Yet the conserva-tion, meaning, and application of these privileges and duties depended onsocial interaction and day-to-day encounters between individuals and corpo-rations with similar or contrasting interests. The community that emerged inconsequence was a social and not an institutional or a legal creation. It de-pended on a complex relation between interests and norms, individual agency,and social and theoretical constraints. It was in this nexus between legalarrangements and their instrumentalization, state mechanisms and privateinitiatives, local arrangements and kingdomwide solutions, everyday inter-actions and larger issues that eighteenth-century Spanish communities and‘‘Spain’’ came into existence.

The implementation of the categories vecindad and naturaleza also demon-strate that, in Spain and Spanish America at least, there was no inherentopposition between local communities and the community of the kingdom.Invoking human law arrangements and natural law doctrines, individuals,local communities, and merchants insisted that integration was the principlemechanism that allowed individuals to enjoy rights. Because integration wasalways carried out within the confines of the specific local community whereone settled, owned a house, and demonstrated in other ways that one soughtand deserved membership, it was through their adhesion to local communitiesthat people, both native born and immigrants, became eligible to rights in boththe local community and the community of the kingdom. This associationbetween local membership and kingdomwide membership was clear in Span-ish America in the seventeenth century, and it was formally declared in Spainin the eighteenth century when local citizenship—attained either by formalletters of citizenship or through activities as a citizen—was instituted as amechanism also allowing the naturalization of foreigners. At the end of thisprocess, a general regime of citizenship and naturalization was created inSpain and Spanish America without excluding local definitions and withouttruly limiting the power of local communities to define the kingdom and itsnatives. Royal attempts to transform this conglomerate of local communitiesinto a single kingdom and then a single Spain, and to reduce the complex rela-tionship between citizenship and nativeness into a simple relationship of vas-salage and subjection, mostly failed. Until the end of the Old Regime and inboth Spain and Spanish America, individual municipal communities contin-ued to be essential participants in the definition of both natives and subjects.

Nineteenth-century Spain and Spanish American states thus inherited astrong localism that recognized at the same time that larger structures, such askingdoms, also existed. Through integration in a locality, one became by ex-


tension a member of the kingdom. This heritage privileged social classificationover legal definitions and constituted society as a body autonomous of govern-ment and responsible, among other things, for identifying people as insidersand outsiders. It looked with suspicion at the intervention of the state, and itembodied a conviction that local society can and must regulate itself. Thisheritage stressed social consensus regarding a few basic premises, yet it al-lowed for acute conflicts regarding their interpretation. Embracing the ideal offreedom of immigration, it demanded conformity and argued that either inte-gration is complete, or it does not exist at all.

Many of these factors might have been particular to Spain and SpanishAmerica, yet there are many indications that similarities between them andpractices in Italy, France, and England might have been greater than recog-nized by the current literature. Integration was an important element also inItaly, France, and England, and in all of them a common and often unwrittenlaw coexisted with formal legal arrangements. There was some relation in allthree countries between local definitions of membership and kingdomwidecategories of belonging. There were also clear indications that status dependedon social interaction as much as it depended on laws and formal definitions.

The reading of Spanish history from Spanish America and vice versa dem-onstrates that the one cannot be understood without the other. Castile ex-ported to the New World many of its practices. Implemented in the Americas,these practices underwent important modifications. These modifications re-flected the American reality as much as they revealed the potentialities inher-ent to the practices themselves. The operation of the Castilian citizenshipregime in Spanish America, for example, seems more natural and more in tunewith Castilian theory and its implications than its operation in Castile. Onoccasion, developments in the New World preceded similar developments inSpain. A community of natives of the kingdoms of Spain appeared in SpanishAmerica in the late sixteenth century but in Spain only at the beginning of theeighteenth century. The same happened with the identification between cit-izenship and domicile and citizenship and nativeness. Both were crucial fac-tors in eighteenth-century Spain, yet indications for their existence were al-ready present in seventeenth-century Spanish America. Spanish Americanpractices were also revealing because authorities and litigants involved in theirimplementation often explained their understanding of the nature and mean-ing of Old World practices in order to distinguish them from those of theNew World. Consensual and obvious notions, which were never explained inSpain, were spelled out in Spanish America. Such was the case, for example,regarding the requirement that all Spaniards be Catholic and the impor-tance of naturalization by integration (prescription). If Spanish America is


instrumental to the understanding of Spain, the reverse is also true. Citizen-ship as practiced in Spanish America cannot be understood without graspingits meaning in Castile. Nor can we really understand debates about the rightsof foreign merchants to trade in the New World if we fail to grasp the meaningof Spanishness as generated within peninsular Spain. Even Creolism, which istraditionally interpreted as a genuinely American phenomenon, should notbe divorced from concurrent debates taking place elsewhere in the Spanishworld. Indeed, the colonial experience was instrumental to the understandingof Spain, and vice versa, in ways we have not yet sufficiently explored.

209

Abbreviations

AA Sección Autos Acordados of the AN/QAC Sección Archivo del Cabildo of the AGN/BAACV Archivo de la Chancillería de ValladolidAGI Archivo General de IndiasAGN/L Archivo General de la Nación/Lima, Lima, PeruAGN/BA Archivo General de la Nación/Buenos Aires, Buenos Aires,

ArgentinaAGS Archivo General de Simancas, Simancas, SpainAHN Archivo Histórico Nacional, Madrid, SpainAJ Sección Acuerdos de Justicia del SGAM/Q Archivo Municipal, Quito, EcuadorAM/S Archivo Municipal de Sevilla, Seville, SpainAM/V Archivo Municipal de Valladolid, Valladolid, SpainAN/Q Archivo Nacional, Quito, EcuadorAP/LP Archivo Provincial, La Plata, Argentina.ASSCE Actas de las Sesiones Secretas de las Cortes Extraordinarias

de la Nación Española (1810–13), Madrid, J. A. García,1874

AVM Archivo de la Villa de Madrid, Madrid, SpainBNE Biblioteca Nacional, Madrid, Spain

210 Abbreviations

BN/L Biblioteca Nacional, Lima, PeruBPR Biblioteca del Palacio Real, Madrid, SpainCed/Prag. Sección Cédulas y Pragmáticas of the SACSCI Sección Consejos Suprimidos—Consejo de Indias of the

AHNDDACC Diario de las discusiones y actas de las Cortes de Cádiz, Cá-

diz, Imprenta Real, 1811DGT Sección Dirección General del Tesoro of the AGSDSCGE Diario de Sesiones de las Cortes generales y Extraordinarios

(1810–13), Madrid, J. A. García, 1870EC Sección Escribanía de Cámara of the AGIE.Cab.XVII Escribanía del Cabildo, siglo XVII del AM/SE.Cab.XVIII Escribanía del Cabildo, siglo XVIII del AM/SFA(F) Sección Escribanía de Fernando Alonso (Fenecidos) of the PCFA(O) Sección Escribanía de Fernando Alonso (Olvidados) of the

PCFE Sección Fondo Especial of the AN/QGJ Sección Gracia y Justicia of the AGSGM Sección Gobierno Municipal-Siglo XVIII of the AM/VIG Sección Indiferente General of the AGIMMHCQ Sección Miscelánea—Museo de Historia de la Ciudad de

Quito of the AM/QPA(F) Sección Escribanía de Pérez Alonso (Fenecidos) of the PCPA(O) Sección Escribanía de Pérez Alonso (Olvidados) of the PCPC Sección Pleitos Civiles of the ACVPE Sección Papeles de Estado of the BPRRH Sección Real Hacienda of the AN/QRTC Sección Real Tribunal del Consulado del AGN/LSA Sección Secretaría del Acuerdo of the ACVSG Sección Superior Gobierno of the AGN/LSV Sección Sala de Vizcaya del ACV

211

Notes

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.’’ Seealso Elliott, ‘‘Revolution,’’ 122–23; Shennan, ‘‘The Rise’’; and Bjorn, Grant, and Stringer,Nation, Nationalism and Patriotism.

3. Tönnies, Community and Civil Society.4. Blickle, Resistance, Representation, and Community; Te Brake, Shaping History,

15–16 and 181–86; and Tilly and Blockmans, Cities and the Rise of States in Europe.Criticism of this model is included in Sahlins, Boundaries, 7–9, and Portillo Valdés,Monarquía y gobierno, 36–38.

5. Vanel, Histoire de la nationalité; Wells, Law and Citizenship; Cockburn, National-ity; Parry, British Nationality Law; and Marías, La corona y la comunidad hispánica.

6. Billot, ‘‘L’assimilation,’’ 273, and Nunn, ‘‘Naturalization,’’ 68.7. Riesenberg, Citizenship in Western Tradition, 208, and Costa, Civitas, 76–80.8. Clark, Small Towns; Rappaport, Worlds within Worlds; and Babeau, Les villes.9. Pérez Collados, Una aproximación histórica, 25 and 67.

10. Nicolet, ‘‘Citoyenneté’’; Rétat, ‘‘Evolution,’’ 3; and Boone, Cerutti, Descimon, andPrak, ‘‘Introduction,’’ 4–6.

11. Weber, General Economic History, 315–37; Dilcher, Brady, Blockmans, Van

212 Notes to Pages 3–10

Nierop, Issacs, and Mussi, ‘‘Urban,’’ 217–18, and Blickle, ‘‘Conclusions,’’ 325. See alsoSchulze, States, Nations, and Nationalism, and Strayer, On the Medieval Origins.

12. Bossenga, ‘‘Rights,’’ 217, and Wells, Law and Citizenship, xv–xvi.13. Brubaker, Citizenship and Nationhood.14. Scott, Seeing Like a State, 65.15. Nunn, Foreign Immigrants, 1–2, 111, and 113–14.16. Cerutti, ‘‘Giustizia.’’17. Billot, ‘‘L’assimilation,’’ 276; Nunn, ‘‘Naturalization,’’ 68; and Schultz Beerbühl,

‘‘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 Somer’s affirmation that early

modern citizenship had clear rules that were normatized by the national authorities andthen implemented locally, according to local circumstances. See also Gaudemet, ‘‘Préam-bule,’’ 17; Tilly, ‘‘Citizenship,’’ 5 and 6; and Cerutti, Descimon, and Prak, ‘‘Premessa,’’281–83.

20. Brubaker and Cooper, ‘‘Beyond,’’ 14–16.21. Nader, Liberty in Absolutist Spain, 27–29.22. Losa Contreras, El consejo de Madrid, 479–84; Fuente Pérez, Palencia, 29–33, and

Navarro de la Torre, ‘‘Avecindamientos.’’23. Vassberg, Village and the Outside World, 14–23, and Nader, Liberty in Absolutist

Spain, 27–29.24. Monsalvo Antón, Ordenanzas medievales de Avila, 85; and Alvarez y Valdés, La

extranjería, 186–229. The absence of similar ‘‘definitions’’ in Spanish America led schol-ars to search for them in royal laws, where they were equally absent: Moore, Cabildo inPeru under the Habsburgs, 15–16 and 141, and López Beltrán, ‘‘Intereses,’’ 37.

25. Ruiz Ibáñez, ‘‘Sujets,’’ 129 and 135.26. Tomás Ortiz de la Torre, ‘‘Derecho’’; Pecourt García, ‘‘Una institución,’’ 884–93;

and González Jiménez, ‘‘Genoveses,’’ 118–23.27. Sánchez Bella, Los reinos, 25–26, and Lalinde Abadía, ‘‘De la nacionalidad.’’28. Nunn, ‘‘Naturalization,’’ 68.29. García Cárcel, Historia de Cataluña, 132–35, and in ‘‘Las fronteras,’’ 71; Sesma

Muñoz, ‘‘El sentimiento’’; and Pérez Collados, Una aproximación histórica, 31–79. Seealso Torres i Sans, ‘‘Nacions,’’ 84–86.

30. Pike, Hispanismo, 73–127; Fernández 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. Marías, La corona y la comunidad hispánica; Fernández Albaladejo, ‘‘El prob-lema,’’ 190–94; García Cárcel, ‘‘Las fronteras’’; Maravall, El concepto de España; andThompson ‘‘Castile and the Monarchy,’’ 127–30.

32. Menéndez Pidal, El imperio hispánico and in Los españoles en la Historia; SánchezAlbornoz, España, un enigma histórico; Maravall, El concepto de España; and Marías,España inteligible.

33. Herr, ‘‘Evolution,’’ and Ucelay-de Cal, ‘‘Nationalism,’’ 18–21.

Notes to Pages 10–17 213

34. Ladero Quesada, ‘‘El poder’’ and in ‘‘Monarquía’’; Fernández Albaladejo, ‘‘Cities’’;and Thompson ‘‘Patronato.’’

35. Castro, España en su historia and in La realidad histórica de España.36. Liss, Mexico under Spain; Pagden, ‘‘Identity’’; Demélas, L’invention politique;

Brading, ‘‘Nationalism’’; Guerra, ‘‘La nation’’; Chiaramonte, ‘‘La formación’’; andKönig, ‘‘Nacionalismo y nación.’’

37. Brubaker, Citizenship and Nationhood, and Lalinde Abadía, ‘‘L’inserimento.’’38. Martínez San Pedro, ‘‘Repobladores’’; Ruano Eloy, ‘‘La participación’’; Gautier

Dalché, ‘‘Les colonies’’; Domínguez Ortiz, Los extranjeros; Poitrineau, ‘‘La imigración’’;Pradells Nadal, ‘‘Italianos’’; Iglesias Rodríguez, ‘‘Las colonias’’; Ozanam, ‘‘Les étrangers’’and ‘‘La colonie’’; Gómez de Orozco, ‘‘Italianos’’; Langé, ‘‘L’immigration’’; Brito Gonzá-lez, Extranjeros en Lanzarote; Rodríguez Vicente, ‘‘Los extranjeros’’; Armas Asin,‘‘Herejes,’’ 362–63; Pike, Enterprise and Adventure; Kellenbenz, ‘‘Mercaderes’’; Camp-bell, ‘‘Foreigners’’; Gómez Pérez, ‘‘Los extranjeros’’; Nunn, Foreign Immigrants; Gould,‘‘La condición’’; Israel, ‘‘Portuguese’’; Langue, ‘‘Los franceses’’; Lavallé, ‘‘Les étrangers’’;Varela, Ingleses en España y Portugal; García-Mauriño Mundi, La pugna entre el con-sulado, 141–90; and Diz, Idea, 326–48.

39. Pradels Nadal, ‘‘Italianos,’’ 72 and 74; García-Baquero González and ColladoVillalta, ‘‘Les français,’’ 174, García-Baquero González, Cádiz y el Atlántico, 491–92;Domínguez Ortiz, La sociedad española, 174; Lafuente Marchain, Los portugueses, 85–86; and Fradklin, ‘‘Vecinos,’’ 123–47.

40. Cuneo Vida, ‘‘Extranjeros,’’ 60–61; Rosa Olivera, ‘‘Francisco,’’ 150–52; PérezRodríguez, Los extranjeros en Canarias, 71–72; Poitrineau, ‘‘La imigración,’’ 106; Dom-ínguez Ortiz, Los extranjeros, 83; Girard, Le commerce française, 203–334; and DiasAvelino, ‘‘A naturalização,’’ 389–92.

41. Balancy, ‘‘Les immigrés,’’ 50–52; Armas Asin, ‘‘Herejes,’’ 373–85; DomínguezOrtiz, Los extranjeros, 180–81; Molina, ‘‘La expulsión’’; and Poitrineau, ‘‘La imigra-ción,’’ 122–28.

42. Corral garcía, Las comunidades castellanas, 203, and Nader, Liberty in AbsolutistSpain, 28–29.

43. Riesenberg, Citizenship in the Western Tradition and Costa, Civitas.44. Chiaramonte, ‘‘Ciudadanía,’’ 99.45. Mariana, Del rey, 552, and González de Cellorigo, Memorial de la política nec-

esaria y útil, 66. This literature is studied at some length by Carzolio, ‘‘En los orígenes,’’7–8 and 14, and in her ‘‘Aspectos,’’ 5–6. I would like to thank the author for allowing meto cite her work.

46. Castrillo, Tractado de república, 24–29.

Chapter 2. Vecindad: Citizenship in Local Communities

1. MacKay, Spain in the Middle Ages; Hillgarth, Spanish Kingdoms; and GarcíaCortázar, Organización social del espacio.

2. García Rives, ‘‘La condición,’’ and Alvarez y Valdés, La extranjería, 153, 189–212,and 319–70.

3. González, Repoblación de Castilla; Hinojosa, El orígen del régimen; Gibert,


‘‘Libertades urbanas’’; and Lacarra de Miguel, ‘‘Acerca.’’ The evolution of Castilian locallaw is described in Pérez Prendes Muñoz Arraco, Historia del derecho español, vol. 2,670–78.

4. Ius commune is described in Bellomo, Common Legal Past. The codification ofcitizenship practices is described in Torres Balbas, ‘‘La edad’’; Ladero Quesada, Historiade Sevilla, 128–29, 133, and 137–40; Losa Contreras, El consejo de Madrid, 479–84;Izquierdo Benito, Un espacio desordenado, 39–47; Fuente Pérez, Palencia, 29–33; Bona-chia Hernando, El consejo de Burgos; and Navarro de la Torre, ‘‘Avecindamientos.’’

5. Corral García, Las comunidades castellanas, 203–4, and Domínguez Lozano, Lascircunstancias, 33–59 and 221–22.

6. Vassberg, ‘‘La comunidad,’’ and in Village, 14–23; and Nader, Liberty in Absolu-tist Spain, 27–29.

7. Gibert y Sánchez de la Vega, El consejo de Madrid; García Ulecia, Los factores dediferenciación; Gacto Fernández, Estructura de la población; Sacristán y Martínez, Mu-nicipalidades de Castilla, 258–63; and Carte, Del consejo medieval, 81–87.

8. Bernardo Ares, ‘‘El régimen municipal,’’ includes a survey of the most recent bibli-ography on early modern local communities. The article briefly 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 construcción.’’

9. Izquiero Martín, ‘‘Vecinos,’’ and Chiaramonte, ‘‘Ciudad, provincia, nation.’’10. Alvarez y Valdés, La extranjería, 186–229.11. Monsalvo Antón, 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 llamenpara 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 año y queel tal contribuya y pague con los vecinos de la dicha ciudad en aquellas cosas que otrossemejantes de su estado o calidad pecheren y contribuyeren.’’

12. Porras Arboledas, ed., Ordenanzas, 94–95, Ordinance 55. The original reads: ‘‘Porquanto algunos vecinos de fuera de la jurisdicción de esta ciudad de Jaén se vienen a viviry morar a esta dicha ciudad e se avezindan en ella, por ende, ordena y manda Jaén, justiciay regimiento, que el tal vezino que nuevamente viniere a se avezindar, que venga con sumujer, si la tuviere y casa poblada, e si no tuviere mujer por no ser casado, que tenga casapoblada y conocida. Que si trajere ganado, que antes que coma el ganado en el términodesta ciudad, se avezinde en el cabildo, y recibido en el cabildo por vezino por la ciudad,de fianza en que se obligue de vivir y morar en esta ciudad diez años primeros siguientes.’’

13. Espejo Lara and Morales Gordillo, Ordenanzas de Archidona, 86. The originalreads: ‘‘Ordenamos y mandamos que ninguna persona sea avido por vezino desta villa sinque primero sea recibido por el consejo della y dado fianzas de asistir en la dicha vezindady comprar casa y viña dentro de un año de su recebimiento y que aya de traer y tener enella su casa, mujer y familia . . . y que con esto asimismo sean obligados a bivir quatroaños continuos en la dicha vezindad con casa poblada.’’

14. Recopilación de Castilla, law 1, title 9, book 7, and Novísima Recopilación, laws1–3 and 6, title 26. The original reads: ‘‘Qualesquier personas que viven y moran enqualesquier ciudades, villas y lugares destsos nuestros reinos y señoríos, así de realengocomo de abadengo, órdenes y señorío y behetrías, que se quisieren pasar a vivir de ellos a


otros lugares y partes con sus bienes y hacienda, lo puedan hacer y avecindarse en ellos ysacar sus ganados, pan y vino y otros mantenimientos y todos los otros sus bienes mue-bles.’’ The term ‘‘liberty’’ was specifically mentioned in a provision given by King Fer-nando on July 5, 1477, reproduced in Cayetano Martín, Documentos del Archivo, 111–14, which stated ‘‘each one of these, my vassals, using his liberty, [may] pass to live andreside in the said town and its hinterland . . . [and prohibiting it would be] against justiceand 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 dichavilla y a su tierra [y prohibirlo es] contra justicia y razón y contra su libertad, la cual comoa todos es notorio, es cosa de mal ejemplo.’’

15. López de Tovar, Indice de las leyes, 161 and 732.16. Castrillo, Tractado de república, 24–29; Morel d’Arleux, ‘‘El concepto’’; and the

definition of ciudadano and ciudad in Covarrubias, Tesoro de la lengua castellana, wherethe term vecino is not defined. A definition of the term vecino is also lacking in Celso, Lasleyes.

17. Mariana, Del rey, 477–78 and 485, and González de Cellorigo, Memorial de lapolítica necesaria, 66.

18. This archival material can be found in several main depositories: the municipalarchives of Seville, Madrid, and Valladolid; the archives of the appellate court (chan-cillería) of Valladolid (which include cases from some hundred communities in the juris-dictions of Cantabria, Zamora, Burgos, León, La Rioja, Valladolid, Madrid, Segovia,Cáceres, Palencia, Salamanca, Toledo, and Guadalajara); and the national archives inMadrid. I also consulted manuscripts in the national library of Spain and the RoyalLibrary in Madrid.

19. The case of Simón Manino, discussed in Seville’s town meeting, dated November29, 1655, in AGI, contratación 51B. In this case, the procurador mayor de los caballerosviñeros was called upon to express his opinion.

20. Evidence for this practice are included, for example, in the files on ‘‘vecindades1700–1719,’’ ‘‘vecindades 1720–1738’’ and ‘‘Vecindades de 1739 a 1474’’ in AM/S,sección 5 (E.Cab.XVIII), vols. 294, 295, and 296, respectively.

21. The cases of Joseph Torresillas, discussed on May 18, 1767, and Miguel MartínezAparicio, studied on October 23, 1769, both in AM/S, sección 5 (E.Cab.XVIII), vol. 298.

22. The case of Joseph Torresillas, AM/S, sección 5 (E.Cab.XVIII), vol. 298. The oathmade by the newcomers was: ‘‘to keep domicile in this city, having a settled house in itwith his family, during the whole year, without leaving it, changing his home.’’ Theoriginal reads: ‘‘guardar la vecindad en esta ciudad teniendo su casa poblada en ella consu familia . . . todo el tiempo del año sin hacer ausencia mudando dicha su casa.’’

23. Petition of Juan Joseph Martín, dated December 9, 1767, in AM/S, sección 5(E.Cab.XVIII), vol. 298, and the case of Felix Durán, discussed on May 27, 1768, inAM/S, sección 5 (E.Cab.XVIII), vol. 298. The distinct procedures instituted for peti-tioners who were native born, immigrants, or immigrants married to native-born spouseswere described in ‘‘Parecer del señor procurador mayor y varios apuntes sobre el modocomo han de conceder las vecinades’’ in AM/S, sección 5 (E.Cab.XVIII), vol. 298.

24. Discussions of April 1 and May 5, 1773, and the opinion of the city’s legal adviserin AHN, estado 629–3/63.


25. The Spanish monopoly in the Americas and the role of Seville will be discussed inchapter 5. Conditions in Seville during this period are described in Guichot, Historia de laciudad de Sevilla, and in his Historia del exmo. ayuntamiento; Aguilar Piñal, La Sevilla;Domínguez Ortiz, Orto y Ocaso; and Pike, Aristocrats and Traders, 1–13 and 136. On13–14, Pike studies the influence of immigration on municipal citizenship policies.

26. His petition was studied on April 27, 1735, and May 13, 1735, in AM/S, sección 5(E.Cab.XVIII), vol. 295.

27. A brief summery of Roman law citizenship practices as implemented in Italy isincluded in Bizzarri, ‘‘Ricerche’’; Quaglioni, ‘‘Legal’’; Riesenberg, Citizenship in WesternTradition, 118–86; Dilonardo Buccolini, ‘‘Note’’; Bonfiglio Dosio, ‘‘La condizione’’;Bowsky, ‘‘Medieval Citizenship’’; Panero, Comuni e borghi, 137–63; and Dini, Città ecorporazioni, 148–51.

28. Kirshner, ‘‘Civitas,’’ and Ullmann, ‘‘Personality.’’29. Kirshner, ‘‘Between,’’ and Canning, ‘‘Fourteenth.’’30. Riesenberg, ‘‘Civism,’’ 240.31. Font Rius, ‘‘La recepción,’’ 99–102; Clavero, ‘‘Notas’’; Petit, ‘‘Derecho’’; and Al-

onso Romero, ‘‘Del amor.’’ The relation between the Castilian municipal regime andRoman law is described in Domínguez Lozano, Las circunstancias, 57–59 and 221–28,and Asenjo González, ‘‘Las ciudades.’’

32. Kagan, Students and Society, 135 and 212; Reig Peset, ‘‘Derecho’’; Pelorson, Lesletrados, 33–57; and Petit, ‘‘Derecho.’’

33. Bernal de Bugeda, ‘‘El derecho.’’34. Clavero, Institución histórica, 55–56; Daza, ‘‘Los principios’’; and García Gallo,

‘‘La ciencia.’’35. Solórzano Pereira, Política Indiana, 152–55, book 5, chap. 9, points 57–68.36. Opinion of Luis Verdugo, dated February 10, 1702, in AVM, secretaría 2–348–23.

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 otroel que eligiese.’’

37. Opinion of Luis Verdugo, dated February 10, 1702, in AVM, secretaría 2–348–23.The original reads: ‘‘y para admitirsele por vecino no necesita de otra circunstancia másque la expresión de su voluntad.’’

38. Petition of Germán Salcedo, dated July 20, 1788, in ACV, PC-PA(F) 3522–1. Theoriginal reads: ‘‘[The town] no tiene arbitrio para dejar de concederla [la vecindad] por seracto libre según leyes el pasarse de una vecindad a otra.’’ Santayana Bustillo, Gobiernopolítico, 7, citing the works of Acevedo, Avedaño, and Paz arrived at a similar conclu-sion—that individuals ‘‘must be received as citizens.’’

39. Petition of Juan de Ocaña, dated August 14, 1717, in AVM, secretaría 2–348–32,and ACV, PC-PA(F) 3401–3. The original reads: ‘‘el derecho permite a cualquiera avecin-darse donde más le acomode’’ and ‘‘Para que cualquier persona que quisiera mudar devecindad 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 else’squarters, could not be citizens: ACV, PC-PA(F) 2656–3; PC-PA(O)173–2; PC-PA(O)413–3; PC-PA(O) 134–7; and the case of Miguel de Zayas y Brenes of January 9, 1797, inAM/S, sección 5 (E.Cab.XVIII), vol. 298.


41. García Gallo, Curso de historia, vol. 1, 87–91; Friedman, ‘‘El estatus; La condi-ción; Muñoz García, Las limitaciones; and Bermejo Castrillo, Parentesco, 230–44 and262–304.

42. AM/S, sección 5 (E.Cab.XVIII), vol. 295, nos. 3, 66, and 87; AVM, secretaría 2–349–1; and ACV, PC-PA(O)34–6.

43. The city council of Seville, on April 22, 1739, in AM/S, sección 5 (E.Cab.XVIII),libro 296, and ACV, PC-FA(F) 3059–3.

44. Alvarez y Valdés, Los extranjeros, 153 and 183–262. In 1476, Abenjamin Abenya-hion, a Jew, became vecino of Murcia, where another Jew was also accepted in 1479:Rubio García, Los judios, 94 and 143, docs. 908 and 1009. Similar examples can befound in Pimenta Ferro Tavares, Os judeus, vol. 1, 224, 407, and 447n1. I would like tothank David Nirenberg for sending me this information.

45. The cases of Bartolomé French and Diego Roberto Tolosa, discussed in the citycouncil meeting of May 22, 1743, in AM/S, sección 5 (E.Cab.XVIII), vol. 296 and onJanuary 22, 1785, in AGS, GJ 873, respectively. See also ACV, PC-PA(O) 579–10.

46. Allegations of Joseph Corvillos on January 22, 1783, in ACV, PC-PA(O) 579–10.The original reads: ‘‘no solo a los naturales de estos reinos . . . sino aun a los extranjeros elpoderse avecindar en cualquier pueblo de estos vuestros dominios sin que los consejos enmanera alguna se lo puedan impedir ni contradecir como expresamente se previene ymanda por vuestras reales órdenes que hablan en el asunto.’’

47. Originally, behetrías were communities allowed to elect their lord. They were titledcerradas when the electee could fall only in a member of certain lineages or in a nativeborn: Clavero, ‘‘Behetría.’’ Nevertheless, in eighteenth-century discussions behetríasmainly designated communities that could exclude people of certain estates from citizen-ship. During this period there were behetrías cerradas of nobles that excluded all simplefolk, and behetrías of simple folk that excluded nobles.

48. ACV, PC-PA(F) 2616–1. Similar arguments were also evoked in ACV, PC-FA(F)3122–2 and ACV, PC-PA(O) 731–3.

49. ACV, PC-PA(F) 3327–2. The original reads: ‘‘de estado noble de hidalgo y tener suscartas y ejecutorias.’’

50. ACV, PC-PA(F) 2641–5. See also Maravall, ‘‘Trabajo.’’51. AVM, secretaría 2–348–23.52. Fernández Navarrete, Conservación, 87. The original reads: ‘‘Como son vagantes y

sin domicilio seguro, ni sirven la república, ni contraen matrimonio, ni pagan pechos nitributos, siendo solo carga y gravamen de los pueblos.’’

53. ACV, PC-PA(O) 640–6.54. ACV, PC-FA(F) 3149–2.55. ACV, PC-PA(O) 196–7; ACV, PC-PA(O) 413–3; ACV, PC-PA(O) 196–7; ACV, PC-

PA(O) 248–6; ACV, PC-PA(O) 156–4; and ACV, PC-PA(O) 738–2. See also RodríguezFernández, Alcaldes y regidores, 34–36.

56. ACV, PC-PA(F) 3401–3.57. ACV, PA(F) 3508–1.58. ACV, PC-PA(F) 3401–1, pp. 15–16. The original reads: ‘‘sin la solemnidad de un

recibimiento expreso a la vecindad hecho por el consejo, se le debía considerar rigurosovecino de continua residencia como que tenía su casa abierta poblada.’’


59. ACV, PC-PA(F) 3401–1, and ACV, PC-PA(F) 3508–1. In some places, formalprocedures were required by law: Merino Urrutia, Ordenanzas, 97, Ordinance 34;Porras Arboleda, Ordenanzas, 94–95, Ordinance 35; and Espejo Lara and MoralesGordillo, Ordenanzas, 86–87.

60. AHN, estado 629–3/63. The original reads: ‘‘el que mora con casa poblada enestos reinos debe considerarse por vecino . . . tiene contra si la presunción y debe ser de sucargo hacer constar, por algunos hechos o casos, el haber estado sin ánimo de per-manecer.’’

61. The case of Joseph Sánz, discussed on July 1, 1719, in AVM, secretaría 2–348–33.62. ACV, PC-PA(O) 406–9.63. ACV, PC-FA(F) 3149–2.64. Juan Mechado, petitioning on October 8, 1686, in ACV, PC-PA(F) 2889–3.65. Joseph Corvillos, on January 22, 1783, in ACV, PC-PA(O) 579–10, and Joseph

Colmenar in 1753 according to AVM, secretaría 2–348–47.66. His petition of July 12, 1776, in AM/V, GM caja 57–4.67. Santayana Bustillo, Gobierno político.68. Answer of the council of Uruñuela in ACV, PA(O) 196–7. The original reads: ‘‘es

tan corto y limitado que en él no pueden contener los vecinos que hoy le componen, losganados necesarios a sus haciendas y cultivo de sus haciendas y se experimentaría mayorprejuicio dando lugar a la contraria.’’

69. ACV, PC-PA(O) 413–3.70. Power of attorney, dated September 9, 1782, in ACV, PC-PA(O) 576–10. The

original reads: ‘‘gravamen al común su manutención en esta tierra estéril y mortificadaanualmente de copiosas nieves por su estrechez y natural elevación en que por lo mismosucede con frecuencia no poder salir de nuestras casas en los cuatro rigorosos meses delinvierno.’’ See also ACV, PC-PA(O) 857–5.

71. ACV, PC-PA(F) 3402–3.72. ACV, PC-PA(O) 196–7.73. ACV, PC-PA(F) 3062–2. According to the local authorities, he was ‘‘inquieto y

cabiloso’’ and litigious.74. ACV, PC-PA(F) 2619–5. The council accused José of being ‘‘de genio litigioso,

soberbio, altivo y dominante, acostumbrado a injuriar gravamente de obra y palabra acuantos la ocasión le proporcionaba, no respetando aun los sacerdotes.’’ ACV, PC-PA(F)3402–3 is a similar case.

75. ACV, PC-PA(F) 3401–3.76. These cases are described in ACV, PC-PA(F) 3401–1; ACV, PC-PA(F) 2947–1; and

ACV, PC-PA(O) 134–7. See also ACV, PC-PA(F) 2656–3 and PC-PA(O) 173–2.77. ACV, PC-PA(F) 2889–3; ACV, PC-PA(F) 3522–1; and ACV, PC-PA(O) 134–7.78. AVM, secretaría 2–348–43. This ‘‘script’’ appeared in dozens of the cases

reviewed.79. ACV, PC-PA(O) 298–10.80. ACV, PC-FA(F) 3149–2.81. ACV, PC-PA(F) 3522–1. A similar thing also happened to Juachin Alonso, resident

in Orión (Valladolid) in 1748: ACV, PC-PA(O) 200–6.


82. Ringrose, Madrid and the Spanish Economy; Domínguez Ortiz, ‘‘Una visión’’; Ló-pez García and Madrazo Machazo, ‘‘Capital’’; and Ringrose, ‘‘Madrid, capital imperial.’’

83. Ringrose, ‘‘Madrid, capital imperial,’’ 196.84. Deleito Piñuela, Solo Madrid, 125–27, and Núñez de Castro, Libro histórico.85. His petition, probably dated 1714, in AVM, secretaría 2–348–31.86. ‘‘Copia de la instrucción para la comisión de vecinos según la expone Marcelino de

Vergara en la recopilación que hizo,’’ inserted in a discussion that took place from July toDecember 1798 in AVM, secretaría 2–348–62. The original reads: ‘‘por no saber losforasteros la utilidad que les tiene o porque en la confusión de la corte se hace pocoaprecio de esta circunstancia.’’ There were many examples for candidates requesting theiradmission as citizens some thirty or forty years after their arrival at the court, e.g., AVM,secretaría 2–348–52 (of 1663) and 2–348–54 (of 1785). López de la Plaza, ‘‘De latierra,’’ 167, mentions some 100 citizenship petitions between 1480 and 1499. Ringrose,‘‘Madrid, capital imperial,’’ 201–2 found some 600 citizenship petitions between 1600and 1663. Whereas in the period 1600–1630 most of them came from artisans and otherservice providers (68 percent), in the later period (1631–63) the percentage of thesesectors dropped (to 36 percent) and the percentage of royal officials augmented.

87. Riesenberg, Citizenship in Western Tradition, 131. The ius commune origin ofmany of these presumptions is also described in Pérez Collados, Una aproximaciónhistórica, 24.

88. Response of January 19, 1774, in ACV, PC-PA(F) 2480–3. The original reads:‘‘para adquirirla y conservarla [la vecindad] basta el tener casa formada con familia ycriados capaces para soportar y acudir a las cargas y obras concejiles, contribuir y pagarcomo cada vecino en lo que le tocara, sin que a ninguna persona se la pueda obligar a quehabite y resida precisa y personalmente en ningún lugar, porque esto repugna a la libertadnatural y es prohibido y reprobado por derecho.’’

89. ACV, PC-PA(O) 413–3, pp. 24–26: allegations of José Martínez Izquiero. Theoriginal reads: ‘‘como el ánimo es un acto interno que solo puede saberlo el supremoautor a quien nada se le oculta, por lo que únicamente puede manifestarse o descubrirsepor los actos exteriores no verificándose otros en mi parte que él de una voluntad con-tinua de permanecer en el pueblo.’’

90. In both Seville and Madrid, petitioners who were native born were required toformally request citizenship and, on these occasions, they had to affirm orally, or prove inanother way, their continuing engagement with the community: AVM, secretaría 2–348–36 and AM/S, sección 2 (contaduría), carpeta 336: petition of Nicolás Tersero of 1715.In the 1750s, at least, Lozoya followed the same rule: ACV, PC-FA(F) 3059–3, p. 7. Themembership of Diego Bajarano, born in Serrejón (Cáceres) was questioned in 1752because his intention to remain in the community was not clear: ACV, PC-PA(O) 260–1.

91. The case of Tomás del Corral, dated January 19, 1774, in ACV, PC-PA(F) 2480–3.92. The petition of the duke of Medinaceli, presented to the town council of Seville on

September 9, 1776, in AM/S, sección 5 (E.Cab.XVIII), vol. 298. Similar allegations, bothwith 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 samearchive, section, and book.


93. ACV, PC-PA(F) 2619–5; ACV, PC-PA(O) 738–2 and 413–3; and ACV, PC-PA(F)2947–1.

94. Such were the allegations of the council of Arisgotas, received by the court onOctober 25, 1769, in ACV, PC-PA(O) 413–3, pp. 19–23. 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 legítimos paraque mediante ellos, se entienda que dicho . . . haya adquirido derecho a la vecindad . . .porque siendo principalísimo requisito el ánimo de permanecer, notoriamente le excluíanlas puras casualidades y el contrario de que se presume de no subsistir ni continuar enquien no ha tenido más destino que el servicial que indiferentemente se busca y se tomadonde se halla, y con la misma facilidad e indiferencia se deja.’’

95. ACV, PC-PA(F) 2480–3; ACV, PC-PA(O) 631–1; ACV, PC-PA(F) 2591–3; andACV, PC-PA(F) 2929–3.

96. The original expression used was: ‘‘la mayor parte del año’’: the case of Miguel deZayas y Brenes, in AM/S, sección 5 (E.Cab.XVIII), vol. 298; ACV, PC-PA(O) 173–2; andACV, PC-PA(F) 2656–3.

97. Petition of Claudio Blanco of January 15, 1678, in AVM, secretaría, 2–349–16.98. Tomás del Corral, on January 19, 1774, in ACV, PC-PA(F) 2480–3. The original

reads: ‘‘con lo que manifiesta su ánimo de querer asistir y residir y asentar domicilio,habitación y morada en dicho lugar.’’

99. ACV, PA(F) 3508–1.100. ACV, PC-PA(O) 731–3.101. Sala (Bañuls), Ilustración del derecho real, 53. The original reads: ‘‘Se llama

vecino al que tiene establecido en algún lugar su domicilio o habitación con ánimo depermanecer en él. Conforme al derecho de las Partidas, este ánimo se presume y reputaprobado por el transcurso de 10 años aunque Gregorio López dice que también se pruebapor hechos que lo manifiestan sin necesidad de este transcurso poniendo el ejemplo de élque vende las posesiones que tenía en un lugar comprando otras en otro al que traslada suhabitación; y todavía con más claridad si es recibido como vecino por el común de algúnlugar dándo fiadores de que permanecerá en él 10 años y sujetándose, según Acevedo, alos tributos vecinales.’’ A similar definition is included in Escriche y Martín, Diccionariorazonado, 969.

Chapter 3. Vecindad: From Castile to Spanish America

1. Hardoy, El proceso de urbanización; Romero, Latinoamérica; Domínguez Com-pañy, Política del poblamiento; Aguilera Rojas, Fundación de ciudades.

2. Kicza, ‘‘Patterns’’; Hardoy, ‘‘European,’’ 227–28; Morse, ‘‘Introducción’’; GarcíaGallo, ‘‘De la ciudad’’; and Muro Orejón, ‘‘El ayuntamiento.’’

3. Rumazo González, Libro primero, 49–50, and Sáenz de Santa María, 19–20.4. On June 17, 1536, Hernando Sarmiento presented himself to the authorities of

Quito and asked to be accepted as citizen. He attested that, as was well known, he wouldlike to remain in the city: Rumazo González, Libro primero, 173–74. From 1541 on-ward, the authorities also demanded that newcomers supply a monetary guarantee that


they would keep their promise to remain in the city: town council meeting of May 27,1541, in Rumazo González, Libro segundo, vol. 2, 255.

5. I could only find one study of Spanish American citizenship: Domínguez Compañy,‘‘La condición.’’

6. These cases were located mainly in municipal records and in published towncouncil meetings (Actas de Cabildo). Some were also found in the national archives ofPeru, Argentina, and Ecuador, in the Archivo de Indias of Seville, and in the NationalLibrary in Lima.

7. Ferry, Colonial Elites, 1–68; Lombardi, Venezuela, 70–94; and Hacienda y com-ercio, vol. 5, 47–56.

8. Petitions of Fernando Sanz, dated June 22, 1592, and Bartolomé Masbel, dated De-cember 7, 1592, in Actas del cabildo de Caracas, vol. 1, 192–93 and 210–11, respectively.

9. Petitions of Iñigo de Sosa and Baltazar García, of May 8 and 24, 1593, in Actas delcabildo de Caracas, vol. 1, 258–59.

10. His petition of May 22, 1597, is in Actas del cabildo de Caracas, vol. 1, 456–57and 459–60.

11. Petition of Lope Díaz de León on October 20, 1608, in Actas del cabildo deCaracas, vol. 3, 141–42.

12. The case of Manuel de Lemos, studied on September 28, 1651, in Actas del cabildode Caracas, vol. 8, 97–98.

13. Petitions of Jorge Amaro, dated January 16, 1655, in Actas del cabildo de Caracas,vol. 9, 13–14; Benito Hernández, dated January 12, 1609, in Actas del cabildo de Car-acas, vol. 3, 165–66; and Bernave de Oñate Mendisabal, dated December 6, 1611, inActas del cabildo de Caracas, vol. 3, 332.

14. García Gallo, ‘‘Territorio,’’ 360, and Gerhard, Geografía histórica, 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, 8–9.17. Petitions of Cristóbal Martínez, dated January 16, 1649, in Actas del cabildo de

Caracas, vol. 7, 281–82; Josepha Contreras, dated August 12, 1663, in Actas del cabildode Caracas, vol. 11, 299; and Luis Fernández Angel, dated March 26, 1648, in Actas delcabildo de Caracas, vol. 7, 193–94.

18. Petition of Francisco López, dated January 27, 1652, in Actas del cabildo deCaracas, vol. 8, 147, and the discussion in the council meeting of March 11, 1652,concerning Juan Rodríguez Agras in Actas del cabildo de Caracas, vol. 8, 154–211, esp.163–64, 175–76, and 192.

19. Mörner, La corona española, and Morse, ‘‘Urban,’’ 179–88.20. Lutz, Santiago de Guatemala; Mörner, ‘‘Ethnicity’’; Bouysse-Cassagne, ‘‘Etre

métise’’; and Poloni-Simard, ‘‘Formación,’’ and in his La mosaïque indienne.21. The case of Juan Alonso of April 7, 1616, in Actas del cabildo de Caracas, vol. 4,

101–3.22. 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 192–94, and of April 24, 1648, in Actas del cabildo de Caracas, vol. 7, 230–31,respectively.


23. Gelman, ‘‘Cabildo’’; Lafuente Marchain, Los portugueses; Assadourian, Beato,and Chiaramonte, Historia de Argentina; Rock, Argentina, 1516–1987, 1–74; and Cés-pedes del Castillo, Lima y Buenos Aires.

24. This was the second foundation of the city. The first one (1535–41) failed, assettlers abandoned the jurisdiction.

25. Petitions of Amador Baes (1603) and Gil Gonzáls (1603) in AGN/BA, AC 19–1–4,168 and 171; Town council meetings of May 8, 1589, petitions of Bartolomé Ramírez ofMay 14, 1590, and Pedro García of May 23, 1605, in Acuerdos del extinguido cabildo deBuenos Aires, vol. 1, libro 1, 20–21, 63, and 138, and the power of attorney granted byJuan Ortíz de Zárate to Juan Ramírez de Abreu, cited in García, La ciudad indiana, 74.Although citizens of other Spanish American towns were also required to have horse andarms (Domínguez Compañy, ‘‘Obligaciones’’), this obligation was especially important inBuenos Aires: Garretón, La municipalidad colonial, 64.

26. Petition of Domingo Santos, dated June 12, 1607, in Acuerdos del extinguidocabildo de Buenos Aires, vol. 1, libro 1, 383, and the case of Lucas Pacheco, studied in themeeting of December 12, 1618, in Acuerdos del extinguido cabildo de Buenos Aires, vol.4, libro 3, 129.

27. The meaning of this term will be studied in chapters 4 and 5.28. The case of ‘‘Jacques cirujano,’’ discussed in the meeting of June 10, 1619, in

Acuerdos del extinguido cabildo de Buenos Aires, vol. 4, libro 3, 231. Jacques, native ofFlandres, was a surgeon. He had resided in Buenos Aires for many years and was a personof importance (persona de importancia). He had always cared for the ill, including thepoor. The original reads: ‘‘por el cuidado que ha tenido y tiene de acudir a curar losvecinos de ella y los pobres y porque se espera de él que lo hará mejor en las cosas deadelante.’’

29. The Portuguese Gil González y Amador Váez was received in 1611 as a citizen:meeting of May 9, 1611, in Acuerdos del extinguido cabildo de Buenos Aires, vol. 2,libros 1–2, 348.

30. Petitions of Pedro Fernández de Ocampo of July 1, 1611, and Miguel Pérez of July15, 1617, in Acuerdos del extinguido cabildo de Buenos Aires, vol. 2, libros 1–2, 379 andlibros 2–3, 451, as well as the case of Luis de Navarrete, according to the meeting of April30, 1618, in Acuerdos del extinguido cabildo de Buenos Aires, vol. 4, libro 3, 55–56.

31. Petitions of Julián Mixel, dated January 11, 1610, and Rodrigo Alonso del Gra-nado, dated June 21, 1610, in Acuerdos del cabildo de Buenos Aires, vol. 2, libros 1–2,230 and 266; and Petition of Rodrigo Nuñez de León of February 10, 1614, in Acuerdosdel extinguido cabildo de Buenos Aires, vol. 3, libros 2–3, 62.

32. Petition of Antonio Heris Gabiria, dated August 19, 1619, and April 6, 1620, inAcuerdos del extinguido cabildo de Buenos Aires, vol. 4, libro 3, 280–81 and 373–74.See also the petition of Rafael Maldonado, dated July 19, 1617, in AGN/BA, AC 19–1–4, 69.

33. Lockhart, Spanish Peru; Bromley, La fundación de la Ciudad de los Reyes; HampeMartínez, ‘‘Sobre encomenderos’’; Bronner, ‘‘Peruvian’’; Moya Pons, El cabildo y la vidalocal; and Durán Montero, Lima en el siglo XVII.

34. Petitions of Hernando de Villanueva, dated October 8 1549, in Libros de cabildo


de Lima, libro 4, 185, and Pedro Sánchez, 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, 11–37,and Puente Brunke, Encomienda y encomenderos.

37. Solórzano Pereira, Política Indiana, book 3, chap. 27. Behind the legal requirementof ‘‘residence’’ was the social reality that encomenderos were usually important membersof the community and often dominated the city socially, economically, and politically:Matienzo, Gobierno del Perú, 270–72.

38. Town council meeting of September 5, 1671, in Libros de cabildo de Lima, libro 7,169–71, 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 ascitizen: petition of Diego Nuñez de Campoverde, dated October 9, 1598, in Libros decabildo de Lima, libro 13, 176.

39. The case of Lorenzo de Estupiñan, whose residence obligation (originally in Gua-nuco) was transferred to Lima: town council of March 7, 1560, in Libros de cabildo deLima, 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, 20–21. Asomewhat similar case was debated in Lima on September 16, 1577, according to Librosde cabildo de Lima, libro 8, 497–98.

41. Town council meeting of September 18, 1570, in Libros de cabildo de Lima, libro7, 40, and December 1, 1590, in Libros de cabildo de Lima, libro 10, 475–76.

42. Libros de cabildo de Lima, libro 6/2, 532. Juan de Matienzo criticized the practiceof calling these people ‘‘caballeros no vecinos,’’ stating that these non-encomenderocitizens were indeed true and full citizens: Matienzo, Gobierno del Peru, 270–71. Ac-cording to Solórzano Pereira, Política Indiana, book 3, chap. 27, point 6, in SpanishAmerica, vecino-encomenderos were distinguished from all other vecinos, who wereusually called domiciliarios. The usage of caballeros in order to designate vecinos wasalready present in medieval Spain: García de Valdeavellano, Orígenes de la burgesía,191–93.

43. In 1576, for example, Antonio López was admitted as an ‘‘ordinary’’ vecino ofLima: town council of December 17 in Libros de cabildo de Lima, libro 8, 342.

44. Marzahl, Town in the Empire, 37–40; Ferreiro, ‘‘Elites’’; Levillier, Ordenanzas, 53;and Lohmann Villena, Francisco de Toledo, 131.

45. Recopilación de Indias, law 6, title 10, book 4.46. Domínguez Compañy, La vida en las pequeñas ciudades, 51; Rosenblat, La pobla-

ción indígena, 135; and López Beltrán, ‘‘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 sufferedfrom frequent vice-regal intervention. During the sixteenth century, Mexico City recog-nized the division between citizens and vecinos encomenderos, and it permitted some


overlapping between the municipal and the provincial spheres, admitting people residingin ‘‘New Spain’’ to local citizenship. Newcomers had to guarantee their residence in thecity 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 México], 154; petitionof Diego Orpesa, dated May 11, 1543, in Libro cuarto de las actas del cabildo [de MéxicoCity], 341–42; Ordenanzas de buen gobierno; and Himmerich y Valencia, Encomen-deros of New Spain, 8–9 and 102.

48. Marzahl, Town in the Empire, 37, 70–71 and 162–64.49. Morelli, ‘‘Territorio o nazione,’’ 171, and Poloni-Simard, ‘‘Problèmes,’’ 13.50. The existence, despite local variations, of an ‘‘American pattern of development’’

was also noted in García Bernal, ‘‘Las elites.’’ See also Cédula of September 13, 1621,reproduced in Konetzke, ‘‘Colección,’’ vol. 2/1, 265.

51. Town council meeting of February 1, 1549, in Libros de cabildo de Lima, libro 9,61–63; meetings of September 23, 1558, and March 7, 1560, in Libros de cabildo deLima, libro 6/1, 99 and 271; meeting of June 17, 1536, in Rumazo, Libro primero decabildos de Quito, 173–74; and meeting of June 16, 1617, in Acuerdos del extinguidocabildo de Buenos Aires, vol. 3, libros 2–3, 441, respectively. This practice was alsoconfirmed by Solórzano Pereira, Política 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 Garcés, Libro del ilustre cabildo . . .de Quito, 241–42, and Noble Cook, Numeración general.

53. Recopilación de Indias, laws 82 and 83, title 16, book 2, and cédulas of July 23,1627, and October 2, 1764, in Konetzke, Colección de documentos, vol. 2, 301–5 andvol. 3, 321. These questions were also treated by Herzog in ‘‘Identidades,’’ and in Ritos decontrol, chap. 4, point 11.

54. AGI, EC 926A; AGI, Quito 73, cuaderno 3, 309–37; AGI, Quito 74, cuaderno 5,25–26; AHN, CSCI 20.620, 283–95 in p. 291. I also found AGI, Quito 73, 291 and 306helpful.

55. AGI, EC 926A, 76. The same position was adopted by Nicolás Andagoya y Ota-lora, a witness in a 1685 case, who asserted that the lady in question was ‘‘avecindada enesta ciudad’’: his testimony in AGI, Quito 73, cuaderno 3, 315–17.

56. Diego Inclán Valdés on December 9, 1670, in AGI, EC 926A, 3–4 and 26. Theoriginal reads: ‘‘y siempre estuvo el dicho gobernador [who was the father of the bride]con ánimo de volverse a los reinos de España.’’ According to the attorney of InclánValdés, the father of the bride changed his place of residence ‘‘en servicio de vuestra altezacon el oficio de gobernador de ella sin ánimo de perseverar, ante bien de partida para estosreinos con que no se puede dudar que conservaba la vecindad y domicilio de la ciudad deCádiz de donde partió a servir el dicho gobierno.’’

57. Solórzano Pereira, Política Indiana, book 5, chap. 9, points 57–68, 152–55.58. 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 devuestra real persona y querer voluntariamente jurar domicilio a este cabildo.’’

59. Cansanello, ‘‘De súbditos,’’ 117–18.60. AGI, EC 914B, cuaderno 8, 308R and V and 914C, and cuaderno 9, 50V.


61. The original reads: ‘‘lo cierto es que habiendo ido a Lima bien mozo se mantuvomucho tiempo y connaturalizó en aquella ciudad, teniendo más relación y estrachez consus 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 office holding favoring the native born will beexplored in chapters 4 and 5.

63. Discussions of March 11 and 20, 1652, in Actas del cabildo de Caracas, vol. 8, 154,161–69, 174–76, 178–79, 185–87, 192–94, 204, and 207–11.

64. AGN/BA, 9–17–2–1; AGN/BA 9–19–2–6; town council meetings of January 15and 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 30–3, 15–22, 33–34, 126–42, 147, 155–56, and 161; and Superunda,Relación de Gobierno, 274–76 and 423. This episode was also studied by Mariluz Ur-quijo, ‘‘El diputado.’’

65. Proceedings in Lima on June 28, 1756, in AGN/BA, 9–17–2–1. The original reads:‘‘sin embargo de no ser casados ni viudos arraigados con casas o bienes raices, pues elrequisito único para la vecindad, no es más que la traslación del caudal y bienes defortuna con la persona, que viene a residir de nuevo con ánimo de vivir allí perpetuamentey 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 losgéneros y mercaderías que conducen sin ánimo de residir perpetuamente, pues expen-didos sus frutos y cobradas sus dependencias, se vuelven a las partes de sus antiguasresidencias.’’

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 9–19–3–11, 653, 659, and 723. See also town council on January 15 and February 4, 1789, inAcuerdos del extinguido cabildo de Buenos Aires, ser. 3, libros 49–52, 20–24, and 35–37.

68. Petitions of Marcos Riglos in the meeting of January 3, 1777, in Acuerdos delextinguido cabildo de Buenos Aires, ser. 3, libros 40–44, 17; Martín de Alzaga inAGN/BA, 9–19–3–12, 16–19; AGN/BA 9–19–4–9, 41–53; and Jerónimo Morales inAGN/BA, 9–19–4–8. Eventually, entire groups of people requested to be exempt fromofficeholding on a regular basis: meetings of October 18 and November 7, 1796, inAcuerdos del extinguido cabildo de Buenos Aires, ser. 3, vol. 11, libros 54–57, 153–55,and 168, and the orders of November 12, 1783, and July 8, 1784, in AGN/BA, 9–19–4–2, 173.

69. AGN/BA, 9–19–3–12, 181–84.70. AGN/BA, 9–19–2–8.71. The original reads: ‘‘han tenido su mansión y residencia continua en esta ciudad y

ésta les constituye la vecindad según la misma ley.’’ The idea that a prolonged residence inan independent house constituted citizenship remained in force as late as 1794, as isapparent 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.


73. Barrero García, ‘‘De los fueros’’; Domínguez Compañy, ‘‘Ordenanzas municipaleshispanoamericanas’’; Vázquez Pando, ‘‘Derecho’’; Tau Anzoátegui, ‘‘El derecho’’; andHerzog, ‘‘La Recopilación.’’

74. References to citizenship were lacking, for example, in the municipal ordinances ofQuito (1568), Guayaquil (1590), and many Peruvian and Mexican communities: AMQ,Miscelánea 00012, 63–72; the residencia of Joseph Clemente y Mora in AGI, EC 911B,15–23; Levillier, Ordenanzas de Don Francisco de Toledo; Libros de Cabildo de Lima,libro 11, 781–813 and libro 12, 647–88; and Ordenanzas de buen gobierno. Whencitizenship was mentioned in Spanish American law, it was usually to explain its admin-istrative and political implications, such as deciding how to count the inhabitants of anew settlement in order to know what status it should receive: Recopilación de Indias law6, title 10, book 4, and the Nuevas ordenanzas de descubrimiento, población y pacifica-ción of July 13, 1573, reproduced in Solano, Normas y leyes, 208. Ordinance 93 reads:‘‘Declaramos que se entienda por vecino el hijo o hija o hijos del nuevo poblador o susparientes, dentro y fuera del cuarto grado teniendo sus casas y familias distintas y apart-adas y siendo casados y teniendo cada uno casa por sí.’’

75. Spalding, ‘‘Social Climbers’’; Sánchez Albornoz, ‘‘Una dicotomía’’; Robinson, ‘‘In-dian Migration’’; Wightman, Indigenous Migration and Social Change; Viera Powers,Andean Journeys; Chambers, From Subjects to Citizens; and Poloni-Simard, La mosaï-que indienne, 153–64 and 340–46.

Chapter 4. Naturaleza: The Community of the Kingdom

1. Sánchez Bella, Los reinos en la historia.2. Floristán, ‘‘Conquista,’’ 481–89.3. Gibert, ‘‘La condición’’; Alvarez Valdés, Los extranjeros, 422–26; Pérez Prendes

Muñoz Arraco, ‘‘La recopilación,’’ 155; and Pérez Collados, Una aproximación histór-ica, 66–67.

4. The so-called Spanish monopoly in the Americas was instituted through a series ofroyal decrees, later reproduced in the main Spanish colonial legal code, the Recopilaciónde Indias, title 27, book 9. Initially, the decrees simply referred to ‘‘natives of our king-doms,’’ and it was unclear whether natives of the crown of Aragon could immigrate andtrade in the New World. This question was formally settled in 1596 when King Philip IIdeclared that the term included natives of Castile, Aragon, Catalonia, Valencia, Majorca,Minorca, Navarra, and the three Basque provinces: Recopilación de Indias, law 28, title27, book 9. These questions will be dealt with in greater length in chapter 5.

5. Novísima Recopilación, law 5, title 14, book 1. These decrees are known as thedecretos de nueva planta: Pérez Prendes Muñoz Arraco, Historia del derecho español,vol. 2, 861–65; Morales Arrizabalaga, La derogación de los fueros de Aragón; andGiménez López, Gobernar con una misma ley. Some of the consequences of these decreesare studied in Jiménez Sureda, ‘‘Alienígenas’’; Molas Ribalta, ‘‘Magistrados’’; Heras, ‘‘Laproblemática’’; and Dedieu, ‘‘Los gobernadores.’’

6. Veitia Linaje, Norte de la contratación, 328, and Castro y Bravo, ‘‘Los estudios,’’219. In 1645, the parliament (cortes) of Navarre affirmed as much and mentioned that,since 1513 and 1515, natives of Navarres are eligible to offices in Castile and vice versa.


This affirmation won official recognition in 1647 when King Philip IV issued a royaldecree to that effect: Actas de las cortes de Navarra, book 3, 74 and 81 and books 15–16,63–65.

7. Ladero Quesada, Los reyes católicos; España. Reflexiones; and Fusi, España.8. García Fuentes, El comercio español con América, 37, and Campbell, ‘‘Foreign-

ers,’’ 153.9. García Cárcel, Historia de Cataluña, 132–35, and in ‘‘Las fronteras,’’ 70–76;

Sesma Muñoz, ‘‘El sentimiento’’; and Pérez Collados, Una aproximación histórica.10. García Fuentes, for example, specifies that nativeness was either by ‘‘origin and

birth,’’ or it was obtained through a royal naturalization letter: El comercio español conAmérica, 36. See also Nunn, Foreign Immigrants, 2, and Cremades Griñán, ‘‘Cartas denaturaleza,’’ 42–44.

11. Molinari, ‘‘Naturalidad,’’ 701. The meaning of nativeness in other, non-CastilianIberian kingdoms is studied in Lalinde Abadía, ‘‘De la nacionalidad’’ and in his ‘‘L’inseri-mento’’; Roca i Trias, ‘‘Unde cathalanus’’; Langé, ‘‘L’immigration’’; Sales, ‘‘Naturali-zações’’ and in ‘‘Naturals’’; Planas Rosselló, Recopilación del derecho de Mallorca, book1, title 1, 88; Sanz Camañez, ‘‘Algunas’’; Ginebra Molins, ‘‘L’aplicació’’; Jiménez Sureda,‘‘Alienígenas,’’ 1110–11; Piña Homs, ‘‘La condición.’’

12. Campbell, ‘‘Foreigners,’’ 153–54, and Nunn, Foreign Immigrants, 1.13. Recopilación de Indias, law 28, title 27, book 9. According to García-Mauriño

Mundi, La pugna, 41, ‘‘Despite doubts, the definition of foreignness was clear-cut (taj-ante) in the Recopilación de Indias, which declared that all those who were not natives ofthe 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 prefaceand the translation of Burns and Scott, Las Siete Partidas, vol. 4, 990, for law 1. Theoriginal reads: ‘‘Uno de los grandes debdos que los homes pueden haber unos con otros esnaturaleza; ca bien como la natura los ayunta por linage, asi la naturaleza los face seercomo unos por luengo uso de leal amor.’’ And also ‘‘Naturaleza tanto quiere decir comodebdo que han los homes unos con otros por alguna derecho razón en se amar y se quererbien. Et el departimiento que ha entre natura e naturaleza es este, que natura es una virtudque face seer todas las cosas en aquel estado que Dios las ordenó, et naturaleza es cosaque 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,’’ 189–201.18. Recopilación 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 alsoGarcía Ulecia, ‘‘Naturaleza,’’ 88–97.

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 fiscal desu magestad en defensa de la respuesta que dio a las pretensiones introducidas por loshijos nacidos en España de padres extranjeros’’ in AGI, IG 2301, fol. 4R.

20. Recopilación de Castille, law 19, title 3, book 1. The original reads: ‘‘Aunque porleyes de estos reinos esta proveído que los que no fueren naturales de ellos no puedantener prelacias, dignidades ni otros beneficios, porque se ha dudado y se duda cuales se


dirán naturales para poder tener los dichos beneficios: ordenamos y mandamos que aquelse diga natural que fuera nacido en estos reinos y hijo de padres que ambos a dos o almenos el padre sea asímismo nacido en estos reinos, o haya contraído domicilio en ellos ydemás de esto haya vivido en ellos por tiempo de diez años. Con que si los padres, siendoambos o al menos el padre, nacido y natural en estos reinos, estando fuera de ellos enservicio nuestro o por nuestro mandado o de paso y sin contraer domicilio fuera de estosreinos hubiere algún hijo fuera de ellos, este tal sea habido por natural de estos reinos.’’

21. Cédula of July 14, 1561, BNE MSS 20.067–12.22. Recopilación de Indias, law 27, title 27, book 9.23. Recopilación de Castilla, law 66, title 4, book 2, also reproduced in the Novísima

Recopilación, law 1, title 11, book 6.24. Acevedo, in his Commentariorum iuris civilis in Hispaniae (1594), as cited in Pérez

Prendes Muñoz Arraco, ‘‘La recopilación,’’ 155; Celso, Las leyes, CCXLIII (R); HeviaBolaños, Curia Philipica, 266; Veitia Linaje, Norte de la contratación, 330–31; López deTovar, ‘‘Indice de las leyes,’’ 105 and 536–37; Antunes y Acevedo, Memorias históricas,281 and 293; Sala (Bañuls), Ilustración del derecho real, 54–55; and Alvarez, Institu-ciones de derecho real, 82–83.

25. Celso, Las leyes, CCXLIII (R). The original reads: ‘‘Aunque nacer o criarse o morarpor mucho tiempo en alguna tierra sean las principales naturalezas que puede haber elhombre . . . empo de las dichas maneras de naturaleza [también] adquierese naturalezapor vasallaje . . . y si casase allí, o si hay hubiere heredamiento, o si el señor de la tierra lesacare de cautiverio o le librare de muerte o de deshonra . . . o si siendo mozo o turco setornare Christiano y por morar diez años en algún lugar.’’

26. López 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. Fernández Navarrete, Conservación, 25. The original reads: ‘‘Los extranjeros no se

hallan obligados, ni con fe, ni con amor.’’30. Recopilación de Castilla, law 14, title 3, book 1. The original reads: ‘‘Como estos

extranjeros habidas las dignidades y beneficios de las iglesias de nuestros reinos quierenmás estar en sus tierras que en la ajena, sacase para ellos la moneda de oro de nuestrosreinos en gran daño y pobreza de ellos y con la renta de nuestros reinos se enriquecen losreinos extranjeros y aun a las veces los enemigos . . . y el otro es que estos prelados y otrosbeneficiados, estando en su naturaleza socorriría a Nos . . . para la guerra de los Moros ypara la defensa de la corona real de nuestors reinos: lo cual cessa cuando los prelados ybeneficiados no son nuestors naturales.’’

31. Alamos de Barrientos, Discurso político, 14–16; Uztariz, Theory and Practice, 37–40; and Fernández Navarrete, Conservación, 126. See also Maravall, ‘‘Del régimen,’’120–21.

32. Uztariz, Theory and Practice, 38.33. Fernández Navarrete, Conservación, 126. The original reads: ‘‘que fuesen prendas

seguras de su fidelidad.’’34. ‘‘Discurso anónimo en defensa de los extranjeros y su comercio,’’ anonymous,

undated pamphlet, partially reproduced in Domínguez Ortiz, Los extranjeros, 175–78,


on 177. The original reads: ‘‘casi todos los extranjeros . . . están muy naturalizados en esaciudad, unos por los muchos años que ha que viven en ella, otros por haber nacidotambién en ella, otros porque se van casando y hay muchos que lo están con hijas denaturales, y los naturales con sus hijas, con que tienen muy grandes raíces echadas paraamar y desear el bien de estos reinos.’’

35. Lorenzo Herrera Betancur in his petition dated May 12, 1642, reproduced inSancho de Sopranis, ‘‘Las naciones,’’ 869–71. The original reads: ‘‘se regulan por natu-rales porque la mayor parte de ellos viven en ella de 20, 30, 40 y 50 años a esta parte,siendo casados con naturales, teniendo sus haciendas y familias sin tener dependencia conlas cosas de Portugal.’’

36. Antunes y Acevedo, Memorias históricas, 294–95, and José de Cadalso, as cited inDiz, Idea, 340. The original reads: ‘‘viene a ser en sustancia lo mismo que declararlesnaturales por privilegio’’ and ‘‘ha legado a formar un excelente medio entre la gravedadespañola y la ligereza francesa,’’ or, in another case, ‘‘ha llegado a unir la sólidez españolacon la amabilidad francesa.’’

37. Consulta of March 11, 1769, in AGS, GJ 873. The same was asserted by GregorioLópez according to Pérez Collados, Una aproximación histórica, 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 ánimo de permanecer y tener

algunas probables noticias de lo contrario, no vengo en conceder esta naturalización.’’42. Consulta of January 18, 1762, in AGS, GJ 873.43. García Ulecia, ‘‘Naturaleza,’’ 96.44. ‘‘Por el fiscal de su magestad en defensa de la respuesta que dio a las pretensiones

introducidas por los hijos nacidos en España de padres extranjeros,’’ in AGI, IG 2301,fols. 3V, 4R, and 6R. The original read: ‘‘poderse dar caso de que aunque concurran estascircunstancias de hecho, de derecho no se le pueda declarar la naturaleza ni concederlelicencia para el comercio como debe practicarse con aquellos extranjeros que, aunquehayan habitado el tiempo referido, se reconoce que están transeuntes y sin ánimo depermanecer, ni constituir domicilio’’; ‘‘Y asi entendida la disposición de la ley de partidaque prescribe la habitación de diez años para la naturaleza, tiene la inteligencia de queesta regla corre cuando la diurna habitación hace que se presuma el ánimo de permanecerperpetuamente. Y así, aviendo presunción o conjeturas contrarias, no se induce natu-raleza. Con que los que habitasen en España, siempre que las presunciones manifiesten elánimo de volverse, no podrán obtener naturaleza’’; and ‘‘Porque la ley de Partida . . . hab-lando de las naturalezas une estas palabras: la dezena por moranza de diez años, que fagaen la tierra maguer sea natural de otra. Y si se hubiese de atender al sonido de laspalabras, la moranza de diez años constituyera naturaleza y es indisputable que no loconstituye sin ánimo 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. López de Tovar, ‘‘Indice,’’ 536, and Hevia Bolaños, Curia Philipica, 266. The


original reads: ‘‘y si el natural del reino o habido por tal se fuera de él a vivir en otroextraño donde constituye domicilio, si después pretendiere ser natural del reino, no sedice serlo.’’

48. Feijóo y Montenegro, ‘‘Amor,’’ 145 and 147. The original read: ‘‘España es elobjeto propio del amor del español . . . esto se entiende cuando la transmigración a otropaís no los haga miembros de otro estado, en cuyo caso este debe prevalecer al país dondenacieron’’ and ‘‘también entiendo que esta obligación no se la vincula la república porquenacimos en su distrito, sino porque componemos su sociedad. Así, el que legítimamentees transferido a otro dominio distinto de aquel en que ha nacido y se avecinda en élcontrae respecto de aquella república la misma obligación que antes tenía a la que le diócuna y le debe mirar como patria suya.’’

49. The cases of Bruno Francisco de Pereira in AGN/L, SG, varios 4, 1–20, and JuanFrancisco de Urrea described in cédula of April 16, 1719, in AGI, IG 1536. See alsoCasado 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, secretaría 2–348–25.52. Royal service—considered a duty and not a right—allowed people to argue that

they maintained their membership in the community despite their actual absence: seechapter 2 and cédula of 1565 cited in the decision of the cámara of Castile dated Novem-ber 12, 1787, in AGS, GJ 873.

53. Recopilación de Castilla, book 1, title 3, law 19 of 1565. The original reads: ‘‘Conque si los padres . . . estando fuera de ellos en servicio nuestro, o por nuestro mandado ode 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 cámara of Castile, September 19, 1768, in AGS, GJ 873. Theoriginal reads: ‘‘de lo que pudiera presumirse deliberado ánimo de establecer en ella[Roma] su domicilio . . . antes de cumplir los diez años que se necesitan para ello fueempleado por Vuestra Majestad como queda referido, conservando por este medio lanaturaleza de España que se retiene con el servicio de la corona’’ and ‘‘acredita la mismaposesión y convence el ánimo e intención de retenerla y conservarla [la naturaleza].’’

55. Decision of March 5, 1624, in AGI, contratación 50B. The original reads: ‘‘no seatreve a hacerlo por las molestias que continuamente le hacen, así por el nombre extran-jero que tiene.’’

56. Cédula 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 beneficio o renta eclesiástica en estos reinos sin proceder formal declara-ción de su aptitud . . . Tampoco le aquieta que su hermano Miguel de Olavide, residentede Lima, se le permitió comercian en Indias’’ and ‘‘impracticable por hallarse tan con-naturalizado en ellos que con dificultad hallaría otra lengua que la española.’’

59. Consulta of February 26, 1772, in AGS, GJ 873. The original reads: ‘‘para que enningún 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-


burg’’ and in ‘‘Philip’’; Thompson, Crown and Cortes; Pérez Prendes Muñoz Arraco,Cortes de Castilla; and Dios, ‘‘Corporación.’’

62. Bello León, Extranjeros en Castilla, 18–19, 31–55 and 77–171.63. Cremades Griñán, ‘‘Cartas,’’ 41, 47, and 56–57. Examples of such cases are in-

cluded in AVM, secretaría 2–349–23 and a note written by the marquis of Grimaldi onSeptember 21, 1772, in AGS, GJ 873.

64. Early episodes (1520 and 1525) of this battle are described in Belmonte Díaz, Loscomuneros, 74 and 107–8, and Pérez Prendes Muñoz Arraco, ‘‘La recopilación,’’ 153–57. See also Dios, Gracia, merced y patronazgo, 327–28, and Pérez Collados, Unaaproximación histórica, 275–323.

65. The servicio de millones was a form of taxation introduced at the end of thesixteenth century: Cáceres de Gea, Reforma y fraude fiscal; Andrés Ucendo, La fiscalidaden Castilla; Fortea Pérez, Monarquía y cortes and in ‘‘Las ciudades’’; and FernándezAlbaladejo, ‘‘Cities and State,’’ 175–76. Thompson, ‘‘Castile: Polity’’ and in ‘‘Castile:Absolutism’’ studies the institution of a series of formal contracts between the king andthe kingdom that set out the terms and conditions for the granting of fiscal services. Thesecontracts—in existence since the 1590s—had been applied to the millones tax since1601. After 1618, they included conditions concerning the naturalization of foreigners.

66. Royal agreement was expressed, for example, in condition 33, of the fifth type, of1618 that stipulated that ‘‘ninguna persona que no fuere natural de estos reinos puedatener las dichas venticuatrias, regimientos, juradurías ni otros oficios y que Su Majestaden ninguna forma ni manera ni por ningunas causas ni razones, aunque se diga son por elbien público, conceda a los dichos extranjeros cartas de naturalezas para tener los dichosoficios, y que no se les den ni puedan dar para gozar pensiones, canonjías, dignidades niotros cualesquier beneficios eclesiásticos’’: Actas de las Cortes de Castilla, vol. 32, 529–30. This condition was reproduced again in 1632 (condition 32 of the fifth type) and wasfollowed by a cédula of July 27, 1632, in which the king specifically determined that‘‘mando al presidente y los de mi consejo de la cámara que desde el día de la data de estami carta en adelante no me consulten ninguna de las dichas naturalezas, y al reino juntoen cortes no den en manera alguna consentimiento para ello’’: Actas de las Cortes deCastilla, vol. 51, 54–55 and 333–36. These conditions were frequently cited. For exam-ple, they were mentioned in the discussion on the case of Angelo Garretón, in the manifestelaborated by Joseph de Ledesma in 1657, in AVM, secretaría 2–350–14.

67. Petition of May 25 and 26, 1632: Actas de las Cortes de Castilla, vol. 51, 47–48and 61. Discussions in 1632 also demonstrated another point of contention: whether therepresentatives 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, 181and 227. This discussion and the nature of ‘‘representation’’ during this period werestudied by Fortea Pérez, ‘‘Las ciudades.’’

68. The case of Juan Bapista Fini y Manzano, who was granted naturalization ‘‘in thesekingdoms’’ in order to enjoy an ecclesiastical rent in Teruel (Aragon) in ‘‘Cortes deMadrid,’’ 339–40.

69. Letter of Agustín de Montiano y Luyando in AM/V, GM 54–2, 56–57, and the caseof José Dovia AVM, secretaría 2–348–24. The exceptionality of these cases was stressed


by the king in his answer to the consulta of the cámara of Castile dated February 10,1715, in BPR, II 2832, no. 15, 279R–279V. This practice was also mentioned in Cre-mades Griñán, ‘‘Cartas.’’

70. The naturalization of Francisco Fariña (1721) in AGS, GJ 873.71. Novísima Recopilación, law 6, title 14, book 1.72. Such opposition was voiced, for example, in the response of the city of Córdoba,

dated June 14, 1714, in BPR, II 1431, no. 53, fols. 332R–334V. Similar protests were alsovoiced by Toledo (undated document in AGS, GJ 873), Salamanca (AM/V, GM 51–4,85–86) and Madrid (different documents dated May 1716 in AVM, secretaría 2–394–63; discussion of 1747 and 1755 in AVM, secretaría, 2–348–42; manifest of Joseph deLedesma [1657] in AVM, secretaría 2–350–14; and AM/V, GM 51–4, 85–86). Theresponse of the council of Murcia was studied in Cremades Griñán, ‘‘Cartas.’’ The royalcouncils often agreed with this stand: consulta of the cámara of Castille of September 26,1715, included in BPR, II 2832, no. 15, 278R–279V. See also the discussions of May 12,1760, and February 1, 1764, in the cases of Carlos Saveli Spinola and Manuel y GenarioConforto in AGS, GJ 873.

73. Manifest elaborated by Joseph de Ledesma in 1657, reproduced in AVM, secretaría2–350–14, 3.

74. Recopilación de Castilla, law 14, title 3, book 1. The original reads: ‘‘otrosí man-damos y damos facultad a todos y cualesquier nuestros súbditos y naturales que sobreesto se pueda oponer y hacer resistencia pues la tal oposición es sobre la exepción y honray guarda de las preeminencias de su rey y de su patria.’’

75. Cámara of Castile on July 5, 1783, in AGS, GJ 873.76. Discussion of October 9, 1771, in AGS, GJ 873.77. Cámara of Castile on May 12, 1760, in AGS, GJ 873. These concerns were already

invoked in 1528 according to the Recopilación de Castilla, law 20, title 3, book 1, whichdetermined that the ability of naturalized foreigners to enjoy ecclesiastical benefices in thekingdom 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 intheir right to obtain seignorial jurisdiction and distinguished from people who continuedto reside elsewhere. See also the response of Madrid to the royal letter dated November 9,1734, in AVM, secretaría 2–348–39; the manifest written by Juan de Peralta on Septem-ber 28, 1713, in AVM, secretaría 2–394–63; and the case of Antonio Ventura, debated inthe cámara of Castile on March 28, 1770, in AGS, GJ 873.

78. The fiscal of the cámara of Castile on September 4, 1773, in AGS, GJ 873. Theoriginal reads: ‘‘Don Bernardo de Begue goza de los privilegios de naturaleza de estosreinos por haber tenido residencia y domicilio permanentes en ellos por muchos años . . .y por hallarse casado con hijos y arraigado en el principado de Asturias. . . . Que la cartade naturaleza que solicita no puede ser otra que la declaración de naturaleza . . . quesiendo esta declaración quasi debida de justicia a quien ya tiene como el don BernardoBuegues la participación de los privilegios de natural de estos reinos y no necesitandosepara la concesión de esta limitada gracia el consentimiento de las ciudades de votoen cortes.’’ See also the decision of the cámara 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


conveniente al estado que por la concesión de esta y de las demás naturalezas semajantesno se grave con servicios alguno pecuniario a los extranjeros ya avecindados en España,para que con este estímulo se animan otros a solicitar igual gracia y avecindarse en estosreinos.’’

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 1759–88, among which are naturalization letters.82. ‘‘Razón 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 según las circunstancias de los sujetosy como más bien les agradare pueden sin nota y sí con maduro acuerdo excepcionar aalgunos extranjeros para las dignidades eclesiásticas y mandando a la cámara los natu-ralice en vista de la gracia, porque de lo contrario se seguiría una total subordinación osujeción de la soberanía, lo que es absurdo y muy nocivo y por la misma razón se hanvisto infinitos ejemplares en todos los reinos cristianos con singular acierto.’’ See alsoopinion of the cámara of Castile dated March 21, 1769, in AGS, GJ 873, and Dios,Gracia, merced y patronazgo, 327–28.

83. Castro y Bravo, ‘‘Los estudios,’’ 288.84. Correspondence of the cámara of Castile with the audiencias of Barcelona, Aragon,

and Valencia in AGS, GJ 873. See also cédula of July 7, 1723, in ACV, SA-Ced/Prag.C.10–128.

85. Discussion concerning the case of Ramón Ri, a clergyman native of Majorca whowished to hold an ecclesiastical office in Córdoba: consulta of November 11, 1787, inAGS, GJ 873.

86. Letter of Juan Colón dated Madrid June 26, 1788, in AGS, GJ 873. The originalreads: ‘‘[they are attached] a lo reducido del peñasco y no pueden pensar en otra partepara su colocación . . . se quedan estancados en la isla y preocupados de un error heredi-tario se persuaden que se les haría grave injuria si se abriese la puerta al forastero paraocuparles su corto caudal, cuando ellos tampoco habían de disfrutar del continenteaunque se les abriera la puerta. Así discurren ya porque no han visto más tierra y se lesfigura que no son aquí de la misma naturaleza los hombres, ya porque tiemblan por faltade uso al pensar que han de salir de su casa, bien como aquel que habiendo estado toda suvida encerrado entre cuatro paredes creyera que poniendo sólo el pie en la calle habían deacometerle mil monstruosos. . . . Como en el cuerpo natural la circulación de la sangre, asíen el eclesiástico y político la correspondencia mutua y participación de oficios lo queconserva su constitución sana y complexión robusta.’’

87. The opinion of the fiscal dated September 24, 1772, was included in the delibera-tions in the case of Pedro Carlos Aball in AGS, GJ 873.

88. Jiménez Sureda, ‘‘Alienígenas,’’ 1110.89. ‘‘Discurso contra la idea de poner en práctica los antiguados fueros del reino de

Aragón y privilegio de que sólo sus nacionales obtuviesen los empleos de administraciónde justicia,’’ dated in Zaragoza on July 30, 1748, in BPR, II 2832, no. 16, 283R–290V.

90. The opinion of the fiscal, dated September 24, 1772, in the case of Pedro CarlosAball, in AGS, GJ 873.

234 Notes to Page 83

91. The French Council in the Canary Island, writing to the French minister of foreignaffairs in 1797: Guimerá Ravina, Burguesía extranjera, 115n57.

92. This regime was called fuero de extranjería. It included the liberty to enter andleave Spain with or without goods, to open shops, and to carry arms. Foreigners couldalso 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, couldfreely decide on the price of their goods, and their shops and books could rarely beinspected by local officials. 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 disadvantagewas their inability to engage in the Spanish American trade or to hold public office orecclesiastical benefice. A list of the benefits enjoyed by foreign merchants is included inAlvarez y Valdés, Los extranjeros, 401–13; Eugenio Larruga y Boneta, ‘‘Historia de laReal y General Junta de Comercio, Moneda y Minas y Dependencias de Extranjeros,’’Madrid, 1799 (MSS Bell Library, University of Minnesota–Twin Cities Campus), vol. 3,book 2, chap. 2, 133R–8R; the prologue to the ‘‘Indice cronológico de los reales decretos,consultas, órdenes y expedientes que existen en el Archivo de la Secretaría 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 629–3/66; andconsulta 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, forexample, in ‘‘Indice de los capítulos de la obra Comercio de extranjeros en España . . .’’ inAHN, 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 of1773 in AHN, estado 629–3/63, 13–14. The fuero de extranjería was studied by Per-court García, ‘‘Una institución.’’

93. Letter dated April 3, 1773, AHN, estado 629–3/66. The original read: ‘‘ellosparticipan (aunque no lo quieren confesar) en los mismos beneficios que los naturales enel interior del reino, y aunque no lograsen otro que venir a él con tan humildes y bajosprincipios y labrarse su fortuna con perjuicio de vuestros vasallos, que en su defectoharían lo mismo y tomarían este carrera, parece que eran suficientes para que abrazasengustosos las leyes fundamentales de este reino y obedeciesen vuestras suaves y soberanospreceptos ciegamente. Al contrario, señor: los resisten con todas sus fuerzas y no omitenmedio por irregular que sea para no observarlos’’; ‘‘Llegue, pues, señor, el día claro y felizen que renazca el antiguo y floreciente comercio de nuestra España. Vengan en horabuena a ella extranjeros comerciantes, artesanos e industriosos, que se sujetan a nuestrasleyes y cargas del estado y disfruten con nosotros los beneficios’’; and ‘‘La razón y lasbuenas máximas de política claman y dicen que el que participa de los beneficios de larepública esté también a las cargas de ella.’’

94. Recopilación de Castilla, law 66, title 4, book 2. The original reads: ‘‘y que seanadmitidos como los demás vecinos de él a los pastos y demás comodidades.’’ See also‘‘Indice de varias leyes . . .’’ in AHN, estado 5042 and the draft of cédula where a 1722decree is mentioned, in AHN, estado 5042. The same issue was raised by FranciscoCobarrus 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-


established in 1721. In 1748 it became part of the Junta de Comercio. The history of thejunta is described in ‘‘Indice cronológico de los reales decretos, consultas y órdenes yexpedientes que existen en el archivo de la secretaría de dependencias y negocios deextranjeros . . .’’ in AHN, estado libro 683. See also Tomás Ortiz de la Torre, ‘‘Derecho,’’712–13, and Alvarez y Valdés, Los extranjeros, 413–18.

96. Opinion of the fiscal of the council of state dated March 12, 1766, in AHN, estado5042. The original reads: ‘‘Han pasado a ser vasallos de esta corona, sujetos a la clase yleyes de españoles.’’

97. The text of the 1716 instruction was reproduced in the Novísima Recopilación, law3, 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 Cádiz on March 10, 1762, in AHN, estado647/17, and the letter of the Junta de Comercio y Agricultura of Valencia, dated April 3,1773, in AHN, estado 629–3/66, 3–4.

98. Instructions were sent to different authorities in Catalonia, Valencia, Aragon, Na-varre, Granada, Galicia, Guipúzcoa, Castile, Extramadura, Campo de Gibraltar, Ma-jorca, Orán, Ceuta, Canarias, Bilbao, Madrid, Andalusia, Ciudad Real, and Oviedo:AHN, estado 629–1/2. See also Villar García, ‘‘Un siglo.’’

99. Cédula of June 28, 1764, cited in ‘‘Indice de varias leyes que existen y están enpráctica en la monarquía española, relativas al establecimiento de extranjeros en estosreinos,’’ in AHN, estado 5042, 5–6.

100. AHN, estado 629–1/3 to 629–1/19; 629–2/20 to 629–2/57; and 629–3/61 to629–3/79. These lists cover the following municipal communities: Orán, Madrid, SanSebastián, Jaén, Puerto Santa María, San Lúcar, Cádiz, Málaga, Teruel, Palma (Majorca),Pamplona, Campo de Gibraltar, Tenerife, Zaragoza, Catalonia, La Coruña, León, Val-ladolid, Tordesillas, Segovia, Zamora, Valencia, Ciudad Real, Bilbao, Seville, and Mur-cia. The difficulties faced by municipal communities wishing to implement this classifica-tion are described, for example, in AHN, estado 629–3/63.

101. Letter of the marquis de Croix to the Junta de Comercio, Moneda y Dependenciasde Extranjeros, dated March 16, 1765, in AHN, estado 647/21. See also discussionsconcerning the cédula of June 28, 1764, in AHN, estado 629–1/2, and Larruga y Boneta,‘‘Historia de la Real y General Junta de Comercio, Moneda y Minas y Dependencias deExtranjeros,’’ Madrid, 1799 (MSS Bell Library, University of Minnesota–Twin CitiesCampus), vol. 3, book 2, chap. 1, 137R and V.

102. AHN, estado 629–1/4.103. AHN, estado 629–3/63.104. Letter of the Junta de Comercio y Agricultura of Valencia, dated April 3, 1773, in

AHN, estado 629–3/66, 11.105. Letter of Gregorio Portora, judge (alcalde de crímen) of the court (audiencia) of

La Coruña, dated April 19, 1766, in AHN, estado 629–2/39, and Seville’s town councilmeetings of April 1, 1773, and May 5, 1773, reproduced in AHN, estado 629–3/63.

106. AHN, estado 629–1/1.107. AHN, estado 2893, and Novísima Recopilación, law 4, title 11, book 6.108. Cédula 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.


110. His opinion dated March 12, 1766, in AHN, estado 5042. The original reads: ‘‘sicon casa poblada, no hubieren tácita ni expresamente declarado su ánimo de permanecer,porque como el domicilio por sí solo es un hecho equívoco que se puede verificar en eltranseunte y en el que se traslada o fija de una vez su residencia en estos reinos, no era fácildistinguir el verdadero sistema de los domiciliados sin valerse de otras circunstancias yconjeturas aprobadas por el derecho’’ and ‘‘si les conviene restituirse con sus padres o sinellos a su originaria nación, o permanecer avecindados entre los españoles declarando suánimo inscribiéndose en la matrícula.’’

111. Letter by Bartolomé Muños dated July 28, 1807, in AVM, secretaría 2–166–64.The original reads: ‘‘la mente de ésta es que en los empadronamientos se aclaren las dudasque haya con respecto a los franceses existentes en España sobre si son transeuntes onaturalizados, dejando a su arbitrio en esta ocasión el que eligen el concepto bajo cualquieren ser considerados, a fin de que previa dicha elección puedan ser tratados con ladistinción correspondiente a la clase elegida y según lo prescripto en las leyes de estosreinos, asi en lo favorable, como en lo gravoso.’’

112. Teniente primero of Seville, on March 17, 1773, in AHN, estado 629–3/63, 13,19, and 25. The original reads: ‘‘el reputarse el extranjero por domiciliado no es solo abeneficio suyo, sino también de la corona y de los vasallos, por tener este vecino más queles ayude a llevar las cargas y consecuentemente, una vez adquirido este derecho por losmedios que se hallan prevenidos por él, no está en su arbitrio el hacer dimisión de él,como sucederá si se le estimase transeundo por sólo el hecho de alistarse por tal aunqueconcurriese alguna de las circunstancias para reputarlo por domiciliado’’ and ‘‘es cosamás extraña y repugnante al espíritu de la misma real cédula, y aun a la letra de ellaapenas se puede dar, que por lo propio si se verificase, no podría menos de ocupar unagran novedad y aun alteración en el pueblo mayoritariamente que ya se ha advertido sólocon el rumor de que se entendía e iba a practicarse asi . . . que no siendo asi la causaría unaexorbitante alteración que siempre debe evitarse.’’

113. The junta’s letter of April 3, 1773, in AHN, estado 629–3/66, 2–3 and 5.114. The fiscal of the council of state in 1766. The fiscal also stated that among the

alleged ‘‘foreigners,’’ there were in fact many (true) Spaniards. The foreigners, he said‘‘suponen una porción numerosa de verdaderos españoles’’: his opinion, inserted in theconsulta 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 wasespecially strong during the eighteenth century: Domínguez Ortiz, La sociedad española,vol. 1, 249–51. Contemporary writers echoed this interest: Uztariz, Theory and Practice,37–40, and Fernández Navarrete, Conservación, 123–33.

115. Opinion of the representative of royal interests (fiscal ) of the council of state, asreproduced and adopted in the consulta of February 26, 1774, in AHN, estado 5042,fols. 75–80. The original reads: ‘‘dos naciones enemigas, en virtud de dichas leyes, seconvirtieron en una, guerrera y poderosa . . . acudían personas de toda la cristianidadsegún crónicas antiguas.’’ Present-day research partially affirms this image, insisting, forexample, 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 theConde de Floridablanca in July 1791 in AHN, estado 5042. The confusion apparently


continued into the 1800s: see, e.g., the letter of Bartolomé Muñoz, dated July 28, 1807, inAVM, secretaría 2–166–64.

117. A copy of the 1791 instructions is inserted in AGI, consulados 53. The 1791instruction was also reproduced in the Novísima Recopilación, laws 8 and 9, title 11,book 6. The implementation of the 1791 instruction was studied by Salas Ausens, ‘‘LesFrançais,’’ and Ozanam, ‘‘Le recensement.’’

118. Cédula of July 20, 1791, in AHN, estado 5042. The oath was as follows: ‘‘toobserve the Catholic religion and to be loyal to it and to the king, wishing to become hisvassals and subjecting themselves to the laws and practices of these kingdoms.’’ Theoriginal reads: ‘‘observar la religión católica y guardar fidelidad a ella y al rey NuestroSeñor y querer ser su vasallo, sujetándose a las leyes y prácticas de estos reinos.’’

119. Letter of Conde de Floridablanca to Manuel Ximénez Bretón, dated July 12,1971, in AHN, estado 5042. The original reads: ‘‘renunciándose a todo fuero de extran-jería y a toda relación, unión y dependencia del país en que hayan nacido y prometiendono usar de la protección de él, ni de sus embajadores, ministros o cónsules.’’

120. ‘‘Instrucción que debe servir de regla para distinguir los extranjeros transeuntes ydomiciliados . . .’’ in AHN, estado 5042. The original reads: ‘‘se deben entender y reputaren la clase de vasallos españoles, separados de su originario fuero y pabellón.’’

121. ‘‘Puntos contenidos en la real cédula . . .’’ in AHN, estado 5042. The oath oftransitory foreigners included ‘‘respecto, sumisión y obediencia al soberano y leyes delpaís.’’

122. Salas Ausens, ‘‘Les Français,’’ 169, and Villar García, ‘‘Un siglo,’’ 922–23.123. The 1791 instruction clearly stated that foreigners who had declared themselves

domiciled would have to be accepted by the municipalities where they lived: ‘‘Instrucciónque 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 cédula, instrucción y declaraciones posterioresexpedidas sobre la salida de extranjeros o su permanencia en España’’ in AHN, estado5042. The original reads: ‘‘esta libertad es una gracia particular que ha querido concederel rey por pura moderación y equidad, pues estando señalados en las leyes de España losextranjeros que deben reputarse por avecindados, pudiera su majestad haber mandadodesde luego que se les sujetara a las cargas y obligaciones de tales . . . que son propios de susoberanía.’’ A similar idea is expressed in the letter of Bartolomé Muñoz, dated July 28,1807, in AVM, secretaría 2–166–64.

125. Letter of the legal adviser to the captain general of Málaga dated July 16, 1765,and the answer of the junta in AHN, estado 629–2/23.

126. ‘‘Family pacts’’ were celebrated in 1733, 1743, and 1762 between the kings ofFrance and Spain. A summary of their contents is included in Díaz Plaza, La historia deEspaña, 174–75, 189–91, and 228–34. The third pact (1762), which lasted until 1793,included direct reference to the status of individual vassals. It was studied in Pont deNemours, Le pacte de famille; Palacio Atard, El tercer pacto; Ozanam, ‘‘Les origines’’;and Hernández Franco, ‘‘Del tercer.’’ The pact was invoked by litigants, e.g., by Nicolás


Campe, a Sicilian, in AN/Q, FE 34 vol. 94 no. 3643, 102–3. In 1782, Joseph de Coponsattested that his family immigrated to France because of the family pacts, but that despitethis immigration it continued to be Spanish: the cámara of Castile on July 20, 1782, inAGS, GJ 873.

127. The activities of the French consul in Valencia were described in the letter of thelocal Junta de Comercio y Agricultura of April 3, 1773, in AHN, estado 629–3/66, 4–5.The response of the French community to these measures is briefly mentioned in Girard,Le commerce française, 571–78. A similar position was adopted by the English consul in1714 according to Carrasco González, ‘‘La colonia,’’ 334–35. The consul specificallyrejected the idea that individuals could be transformed into Spaniards without openlyexpressing a desire to permanently reside in Spain.

128. Letter of the French ambassador addressed to the marquis of Grimaldi, datedMadrid March 25, 1771, in the ‘‘Consulta General’’ of February 26, 1744, AHN, estado5042, 18–22. The French ambassador was again active in 1807, according to the letter ofBartolomé Muñoz dated July 28, 1807, in AVM, secretaría 2–166–64. See also Grand-maison, L’ambassade Française, 48–54. Although the measure was general, the Frenchambassador believed that it specifically targeted the French community and was moti-vated by the fear of the spreading of revolutionary ideas. He complained that the Spanishauthorities were inflexible, and he argued that it was the end of Spanish tolerance offoreigners. Rather than supporting integration, these measures aimed at expelling for-eigners from Spain.

129. Consulta of February 26, 1774, in AHN, estado 5042, 73–75. A similar opinionwas expressed by the procurador general del reino, who in 1768 requested the king togrant special privileges to domiciled foreigners: Consulta of February 26, 1774, in AHN,estado 5042, fols. 17–18

130. Alvarez, Instituciones de derecho real, 66–67 and 82–84. The original reads:‘‘Por naturaleza entendemos una inclinación que reconocen entre sí los hombres quenacen o viven en una misma tierra y bajo un mismo gobierno. . . . Esta consideración tienetanta fuerza que hace imitar perfectamente la naturaleza; pues así como ésta admite en elgremio de parientes a los extraños que se hacen adoptivos, así también aquella abriga ensu seno a los extranjeros que legítimamente se domicilian.’’

131. ‘‘Por el fiscal de su magestad en defensa de la respuesta que dio a las pretensionesintroducidas por los hijos nacidos en España de padres extranjeros’’ in AGI, IG 2301, 4R.

132. Fernández Navarrete, Conservación, 132.133. Novísima Recopilación, law 3, title 11, book 6.

Chapter 5. Naturaleza: From Castile to Spanish America

1. Recopilación de Indias, law 28, title 27, book 9 refers to ‘‘natives of our kingdomsof Castile, León, Aragon, Valencia, Catalonia, Navarre, Majorca and Minorca.’’ Never-theless, administrative and judicial records identify this group as including ‘‘natives of thekingdoms of Spain.’’ It is unclear whether previous to this declaration, natives of thecrown of Aragon were permitted to immigrate and to trade in the New World: RamosPérez, ‘‘La aparente’’; Morález Alvarez, Los extranjeros, 22–24; and Veitia Linaje, Nortede la contratación, 328–29.


2. Haring, Trade and Navigation; Hernández Ruíz de Villa, Emigración a Indias;García-Baquero González, Cádiz y el Atlántico; García Fuentes, El comercio español;Bordejé Morencos, Tráfico de Indias; Ruiz Rivera and García Bernal, Cargadores aIndias; and Oliva Melgar, ‘‘Realidad.’’

3. Ayala, Diccionario de Gobierno, vol. 6, 111–31; Konetzke, ‘‘Legislación’’; andMorales Alvarez, Los extranjeros, 25–95.

4. Nunn, ‘‘Naturalization,’’ 62 and in his Foreign Immigrants, 1–2, 111, and 113–14;García-Mauriño Mundi, La pugna, 41; Campbell, ‘‘Foreigners,’’ 53.

5. Morales Alvarez, Los extranjeros, 33 and 53, and Parrón Salas, ‘‘El nacionalismo.’’6. Campbell, ‘‘Foreigners,’’ 158–63, and Gómez Pérez, ‘‘Los extranjeros,’’ 295–97.7. Smith, Spanish Guild Merchant, 91–111; Real Díaz, ‘‘El consulado’’; Heredia

Herrera, ‘‘Apuntes’’; and ‘‘Ordenanzas del consulado.’’ See also Recopilación de Indias,title 46, book 9.

8. The House of Trade was established in 1503. Originally, both the merchant guildand the House of Trade were located in Seville. In the beginning of the eighteenth centuryboth institutions were moved to Cádiz, which, contrary to Seville, was an ocean and not ariver port and was better able to service larger vessels. Despite these changes, most peoplecontinued to refer to the guild as ‘‘Seville’s merchant guild,’’ and so will I: Girard, Larivalité commerciale; Zumalacarregui, ‘‘Las ordenanzas’’; Gildas, ‘‘La casa’’; Crespo So-lana, La casa de contratación; and Cerrera Pery, La casa de contratación.

9. Auke P. Jacobs, Los movimientos migratorios and in his ‘‘Legal.’’ See also Recopila-ción de Indias, book 9, titles 27 and 46.

10. Bernal, La financiación de la carrera; Lynch, Hispanic World, 243–49; and Domín-guez Ortiz, Los extranjeros, 48–49.

11. Domínguez Ortiz, ‘‘La concesión,’’ 233.12. Opinion of the fiscal on February 23, 1762, in AGN/L, RTC, contencioso 252,

cuaderno 61. A similar claim was made by Seville’s merchant guild in 1592 according tothe cédula of April 27, 1592, reproduced in BNE MSS 20.067–12, 4R. The position ofthe Castilian cortes with regard to foreign presence in Spanish America was described inMartínez Cardós, Las Indias y las cortes, 32–43 and in his ‘‘Asuntos.’’

13. Cédulas of July 14, 1561, and February 21, 1562, in BNE, MSS 20.067–12 andcédula of July 24, 1566, in BNE, MSS 3045, 213–14. Molinari, ‘‘Naturalidad,’’ 705mentions a 1505 ruling according to which foreigners who had lived in Seville, Cádiz, andJeréz for fifteen or twenty years, were married, and had property would be considerednatives of the kingdoms and allowed to trade in Spanish America.

14. Trueba, Sevilla, 93–95.15. Cédula of October 2, 1608, in BNE, MSS 20.067–12, 1R–9R reproduces both the

petitions of merchants and royal responses. See also ‘‘Extracto de las reales cédulas . . .para que los extranjeros no se embarcasen a Indias ni tratasen en ellas’’ in AGI, con-sulados 892A, carpeta 2/1, and Veitia Linaje, Norte de la contratación, 331–34. Thelegal changes introduced as a result of the guild’s activities are inserted in the Recopila-ción de Indias, laws 31–34, title 27, book 9.

16. Luque, ‘‘La avería.’’17. Cédula of July 7, 1592, reproduced in BNE, MSS 20.067–12, 4R–5R. The original

reads: ‘‘Item que porque a causa de la naturaleza a que con el tiempo han adquirido


muchos extranjeros . . . tienen libertad de tratar y cargar . . . en que se entiende que haresultado mucho daño y perjuicio . . . para remedio de lo suso dicho su majestad seráservido de mandar con graves penas que de aquí en adelante solo puedan tratar en lasIndias aquellos extranjeros que conforme a cédulas y ordenanzas de su majestad lopueden hacer . . . y porque el número de los dichos extranjeros va creciendo en dichacontratación su majestad mandara que de aquí adelante no se les dé ni conceda la dichalibertad a los dichos extranjeros en general ni en particular de poder tratar en las Indias,ni se dé licencia a ninguno para poder pasar a ellas.’’

18. Rodríguez Vicente, ‘‘Los cargadores,’’ and Bernal, La financiación de la carrera,213–19. Posterior negotiations are studied by Oliva Melgar, ‘‘La negociación.’’

19. Cédula of October 2, 1608, in BNE, MSS 20.067–12, 5V–9R, which describe whathad happened after 1592. See also Recopilación de Indias, law 31, title 27, book 9.

20. These considerations were still present in the 1750s and 1760s according to anundated petition by the merchant guild of Seville and the printed manifest titled ‘‘noticiasde las diligencias hechas entre el consulado y los hijos de extranjeros,’’ both in AGI,consulados 892A.

21. Opinion of the representative of royal interests (fiscal ) of the House of Trade in1635, cited in Girard, Le commerce français, 575.

22. The merchant guild on March 10, 1764, in AGN/L, RTC, contencioso 252, cua-derno 77, 27–28. The original reads: ‘‘cuan diverso es el derecho de la residencia enIndias, que en los reinos de España, porque allá la residencia de 10 años, el matrimonio ybienes raices hace que el extranjero se tenga por natural, introduciéndose la naturalezapor vía de prescripción si concurren los requisitos. Pero en Indias ni el matrimonio ni losbienes raices ni la habitación de 10 años ni la habitación de 20, hacen naturaleza, sino unmérito para que el rey en su supremo consejo la dispensa, despachando la carta, que es elúnico medio por donde se adquiere la naturaleza en Indias.’’

23. ‘‘Draft and notes’’ on naturalization in Spanish America in BNE, MSS 20.067–12,10R–11R.

24. The case of Joseph Morales Frabeva in AGI, Quito 4, 8–13. Similar argumentswere also invoked in 1640 concerning the status of Portuguese resident in Spanish Amer-ica: Consulta of December 27, 1640, in AGI, IG 761.

25. The original reads: ‘‘con que parece se desmiente el cariño de la patria, se afianza laperpetuidad y domicilio en aquellas provincias y cesan muchos de los recelos e inconve-nientes que suele amenazar su vaga habitación.’’

26. Ayala, Diccionario, vol. 6, 126; Gómez Pérez, ‘‘Los extranjeros,’’ 290–92; andAN/Q, gobierno 270, expediente 19.11.1779. See also Tau Anzoátegui, ‘‘Una defensa.’’

27. AN/Q, gobierno 21, expediente 19.11.1763. The original reads: ‘‘porque me hizoconstar ser irlandés católico y porque en sus costumbres y procederes no hallé cosa encontrario, ni he tenido la menor experiencia y no ignorando los privilegios que gozen losde esta nación y que profesan la religión católica en los dominios de nuestro soberano enEuropa,’’ and ‘‘una vez logrado el hallarme distante del riesgo que huí y he conseguido elseguro de la tranquilidad en mi cristiana profesión, gozando de este beneficio el espaciode diez años a que moro entre españoles y sus tierras, pretendo y protesto jurar domicilioy vecindad en el lugar que más cómodo me fuese de los de esta provincia de Quito . . . sesirva de admitirme al gremio de la nación española y conferirme venía de que pueda


avecindarme en cualquier lugar que jurase domicilio sin más contradicciones ni estorboscon pretexto de ser extranjero, pues yo no debo denominarme por tal.’’

28. His petition of October 13, 1775, in AN/Q, FE 34, vol. 94, no. 3643, 102–3.29. Petitions of Gerardo Antonio Pose of April, 18, 1805, in AGN/BA, 9–30–7–7, and

Antonio de Quiros in Molinari, Documentos para la historia, vol. 12, 209–10.30. Both examples are mentioned by García Fuentes, El comercio español, 53–54.31. The case of Joseph Valois, debated in AGN/L, RTC, contencioso 252, cuaderno 77,

28–29. The original reads: ‘‘Este disimulo es limitado, concedido para aquellos quedespués de 20 años arraigaron su hacienda en bienes muebles y fundaron con un matri-monio casa y familia. Esta especie de extranjero es de otra calidad que la de los extran-jeros no arraigados sino sueltos.’’

32. Cédula of October 17, 1743, in AGI, consulados, libro 445, 164–67. The originalreads: ‘‘este requisito lo pidiese la ley más para excluir de la naturaleza al extranjerocasado con natural de otros reinos y no de estos, como motivo que persuade el ánimotranseunte que para negar este goce al perfecto estado de celibato, podía dispensarserespecto de que con la edad de este interesado y demás actos externos, se manifiesta suconstante ánimo de permanecer en España.’’

33. AGI, consulados, libro 445, 176–78. The original reads: ‘‘con que ha acreditado suánimo de permanecer en estos dominios explicado antes por haber vivido más de 33 añoscon casa poblada y estar recibido por vecino en el ayuntamiento de la mencionada ciudadde Cádiz desde el 1739 . . . por noticias extrajudiciales [se sabe] de que el pretendiente noera de los extranjeros transeuntes, sino es de los domiciliados . . . y de quien teníabastantes fundamentos para persuadirse a que no volvería a su orígen.’’

34. BPR, II 2755, no. 6, 38R–39V.35. His petition in AGI, contratación 51B. The original reads: ‘‘estando como está

connaturalizado y con el efecto y servicios que ha hecho pues no lo excede ninguno de losnaturales en sus buenos deseos y es la disposición de las ordenanzas pues por ellos seconoce el ánimo de permanecer, que es la razón que hubo para la prohibición.’’

36. Cédula of November 5, 1790, in AGI, IG 1536. The original reads: ‘‘obstuvistedesde el principio de asistir a las juntas nacionales de los napolitanos y contribuir a susgastos, sin permitir se os incluye en la matrícula de ellos y que os haveis portado siemprecomo verdadero español en vuestro giro, negociaciones y demás actos.’’

37. AGI, consulados, libro 445, 164–65.38. Nunn, ‘‘Naturalization,’’ 65–66.39. Consulta of February 25, 1644, in AGI, IG 764; letter of the guild to the king, dated

March 15, 1645, attached to the consulta above mentioned; and royal decree of April 22,1645, inserted in the proceedings initiated by Pedro Colarte in AGI, contratación 50B,25–30. Veitia Linaje, Norte de la contratación, 333–34, mentions the willingness of themerchant guild to pay compensation to these foreigners whose naturalization would berevoked. See also Domínguez Ortiz, ‘‘La Concesión,’’ 234–35.

40. Cédula of July 28, 1634, in AGI, IG 1536.41. The decree that eventually revoked the letters indeed caused problems in Seville, as

witnessed, for example, by the petitions of Domingo Rodríguez and the brothers Gasparand Antonio Reales Passano whose letters were revoked: AGI, IG 764.

42. These practices continued well into the eighteenth century: the case of Santiago


Garbey in BNE, MSS 19.512, 436–37. See also Domínguez Ortiz, ‘‘La Concesión,’’236–37.

43. Ayala, Diccionario, vol. 10, 8–10. See also Morales Alvarez, Los extranjeros, 205.44. Escalona y Agüero, Arcae limensis, 158.45. Cédula 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 asthough they were of age: Santos, El régimen de las ‘‘gracias al sacar.’’

46. The fiscal of the audiencia of Lima on February 23, 1762, in AGN/L, RTC, conten-cioso 252, cuaderno 61, 63–64. The original reads: ‘‘y otros nacidos en reinos y provin-cias no sujetas al dominio y jurisdicción del rey, aunque naturalizados en España porresponder a exigencias de las leyes de Castilla o por privilegios particulares de ellos pararesidir y habitar en España, para el efecto de tratar y contratar en Indias deben ser tenidospor extranjeros.’’

47. Boissonnade, Histoire de la réunion.48. AGN/L, RTC, contencioso 252, cuaderno 66; cédulas dated January 21, 1788, and

January 18, 1785, in AGI, IG 1536 and Morales Alvarez, Los extranjeros, 380–82. I willreturn to these issue in chapter 6.

49. Recopilación de Indias, law 27, title 27, book 9. See also Hevia Bolaños, Curiaphilipica, 266.

50. AGI, consulados, libros 445 and 446 and legajos 788 and 892A; AGI, IG 1538 and2301; AGI, EC 1057A; and AGI, contratación 50B. See also consultas of the Council of theIndies 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 Sebastián,dated October 10, 1785, in BPR, II 12.868, no. 4, 39R–46V. Some of these documentswere published by Muro Orejón, Cedularios americanos, vol. 3, 303–7 and 317–19. Thisconflict was studied by Gutiérrez de Rubalcava, Tratado histórico, 122–28; García Ber-nal, ‘‘Los españoles’’; Morales Alvarez, Los extranjeros, 119–246; and García-MauriñoMundi, La pugna.

51. As early as 1624, Guillermo Bequer requested a declaration stating that he wasallowed 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: hispetition of March 5, 1624, in AGI, contratación 50B.

52. A summary of the guilds’ arguments is included, for example, in ‘‘Respuesta quedan algunos hijos de Españoles antiguos a un papel que se ha divulgado con título denoticia . . . de las vejaciones y daños que los hijos de extranjeros naturales del reino hahecho 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 engrave dependencia que se subscitó en el año 1719 y se feneció en el de 1728’’ in AGI,consulados 892A, 4. The original reads: ‘‘porque ni el tiempo de la residencia ni elnacimiento dan naturaleza y solo la confiere el ánimo de permanecer continuado por eltiempo que prescriben las leyes del reino.’’

54. The burden of proof was specifically mentioned in the ‘‘Respuesta que dan algunoshijos de españoles los antiguos a un papel de las vejaciones y daños que a los hijos deextranjeros naturales del reino han hecho y causado el consulado.’’ in AGI, consulados892A, 14. This was also the regular practice in subsequent years.


55. The case of Feliz Linze, debated on December 15, 1727, in AGI, consulados, libro446, 88, and the cases of Juan Francisco Agens, Francisco Derbao, and Andrian PedroBarnes, of 1722 and 1723 in AGI, IG 1538. The term used in Spanish was ‘‘natural yoriginario de estos reinos y capaz para comerciar en Indias.’’ This was the practice until1812: AGI, consulados 892A, and ‘‘Dictamen de Juan Antonio Enrique, ministro generalde marina . . . que explica los requisitos que deben concurrir en los genizaros para obtenerlos privilegios de naturalización y que con sus embarcaciones y bandera española puedencomerciar en Europa y América,’’ dated in San Sebastián on October 10, 1785, in BPR, II12.868, no. 4, 39R–46V.

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, 60–64, on pp. 61–62 and the discussionthat follow, especially on pp. 64 and 66–67.

58. Consulta of the Council of the Indies dated February 9, 1742, in BPR, II 2755, no.23, 149V–153V; cédula of April 20, 1742, in AGI, consulados, libro 446, 335–40; anddifferent documents in AGI, consulados 892A, mostly from the 1760s. This issue wasalso mentioned in the ‘‘Noticia de las diligencias hechas entre el consulado y los hijos deextranjeros’’: AGI, consulados 892A, 30–61.

59. ‘‘Noticia de las diligencias . . . ,’’ AGI, consulados 892A, 7, 48, and 51. The originalreads: ‘‘naturaleza nativa y propiamente originaria’’ and ‘‘era mejor la naturaleza deaquel que así él como los ascendientes de quienes venía, fueron e moraron allí en la tierradonde es el señor.’’ The question of whether the conversion of foreigners into natives wasever complete and whether it gave the community sufficient assurance that those whowere once external can now be trusted had already been invoked by ius commune jurists:Riesenberg, ‘‘Civicism,’’ 240.

60. ‘‘Por el fiscal de su majestad en defensa de la respuesta que dio a las pretensionesintroducidas por los hijos nacidos en España de padres extranjeros.’’ in AGI, IG 2301, 6Vand 7R. The original reads: ‘‘Además, de que si se mira con reflexión esta materia, no esdudable hay razón de diferencia entre los naturales originarios y los hijos de extranjeros,pues aquellos siempre han estado en el dominio de su majestad, sirviéndole como tambiénsus ascendientes, sin tener conecciones extrañas y asi su amor es más radical y perfecto ylos hijos de extranjeros no pueden dejar de tener la afección al propio orígen que elderecho le considera aun más fuerte que el de la natividad. . . . Tienen en los dominiosextranjeros los ascendientes y parientes a quienes miraran con el cariño que induce lapropia sangre. . . . De esta razón de afección, resulta otra de política de cualquiera bienordenada república, pues teniendo estos naturales el conocimiento con las potenciasextranjeras por las conecciones de parentezco y amistad . . . podrán participar las noticiasdel estado del reino, sus disposiciones, progresos y resoluciones, lo cual debe prohibirsecomo tal perjudicial al bien público.’’

61. Undated answer of the ‘‘sons of foreigners,’’ in AGI, consulados 982A, 14–15. Theoriginal reads: ‘‘despues de su nacimiento, establecimiento y demás circunstancias queaseguran la permenencia y sin haber conocido otro soberano ni tributándole, ni otrapatria, domicilio, vecindad o habitacion . . . por hallarse calificados con los requisitostocados de nacimiento, establecimiento y demás y sin experiencia de alguno que se hayarevocado o vuelto a los dominios de sus mayores y ascendientes.’’


62. Consulta of November 9, 1742, in BPR, II 2755, no. 24, 153V–160V, 157V. Theoriginal reads: ‘‘nadie podrá probar ser descendiente de los compañeros de Tuval que deresulta de la confusión de las lenguas vinieron a poblar a España, habiendo sido ésta taninundada de inumerables naciones que por gran timbre el más lingudo suele alegar suorígen de la nación goda (mucho posterior a otras que dominaron la España) . . . hastaahora, nadie ha imaginado ni pensado en formar un árbol genealógico declarando quégrados de antiguedad en el orígen se necesita para comerciar en Indias.’’

63. His case, discussed in 1771 and 1772, in AGI, consulados, libro 445, 338–42. Theoriginal reads: ‘‘se le tenga y repute por español nacido y procreado en estos reinos.’’

64. The argument that different immigration policies produced a different regime inSpain and Spanish America was included, for example, in ‘‘Noticia de los diligenciashechas entre el consulado y los hijos de extranjeros,’’ undated pamphlet in AGI, con-sulados 892A, 1–2.

65. Recopilación de Indias, laws 12–4 and 16–24, title 27, book 9, and title 23, book3. The effects of these measures were studied by Rodríguez Vicente, ‘‘Los extranjeros’’;Ortíz 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 contratación, 336. The relation between these grantsand naturalization was explored in Nunn, ‘‘Naturalization,’’ 62–63 and in his ForeignImmigrants, 98.

66. Lima’s merchant guild on December 16, 1761, in AGN/L, RTC, contencioso 252,cuaderno 61, 1–5, on pp. 3–4.

67. Cédula of October 14, 1676, in AGI, IG 1536.68. Cédula of September 15, 1784, in AGN/BA 9–30–3–5.69. Lima’s guild was studied by Moreyra y Paz Soldán, El tribunal del consulado de

Lima, sus antecedentes and in El tribunal del consulado de Lima: Quaderno de juntas;Malca Olguín, ‘‘Gobierno’’ and in his ‘‘El tribunal’’; Rodríguez Vicente, El tribunal delconsulado de Lima en la primera mitad; Melzer, Bastion of Commerce; and Smith,‘‘Estudio histórico del consulado.’’ In pp. 139–44 and 155 Smith studies the guild’sinvolvement in the prosecution of foreigners during the eighteenth century. Mercantileactivities in other parts of the Spanish America are described in: AGI, consulados 788;AGN/BA, 9–33–3–7; AGN/BA, 9–39–7–3; Town council meetings of February 6, July1, November 24, 1730, and October 23, 1732, in Acuerdos del extinguido cabildo deBuenos Aires, ser. 2, vol. 6, libros 11–13, 17–18, 241, 294, and 554–58; meetings ofApril 12, 1734, and June 9 and 17, 1738, in Acuerdos del extinguido cabildo de BuenosAires, ser. 2, vol. 7, libros 23–24, 51, 63–66, 281, 470, and 472–73; meetings of June 30,July 6 and 14, 1740, and May 24 and July 1, 1743, in Acuerdos del extinguido cabildo deBuenos Aires, ser. 2, vol. 8, libros 14–25, 151–55, 420–21, and 427–28, and so forth.See also Nunn, ‘‘Naturalization,’’ 61.

70. AGN/L, RTC, contencioso 252, cuaderno 61, 51–52; document of March 1, 1760,in AGI, consulados 892A; and the guild’s letter of March 1, 1759, in AGI, consulados794. See also Campbell, ‘‘Foreigners,’’ 156.

71. Cédula of May 10, 1761, in AGN/L, SG, varios 4, cuaderno 122 (another copy ofthe same cédula is inserted in AGN/L, RTC, contencioso 252, cuaderno 61, 53–56), anddecision of February 23, 1764, in AGN/L, RTC, contencioso 252, cuaderno 77, 10–11.


In his memoirs, Viceroy Manuel de Amat y Juniet recognized the guild’s contribution tothe expulsion campaigns: Rodríguez Casado and Pérez Embid, Manuel de Amat y Juniet,225–26. 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 Cádiz, dated1789 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: ‘‘Qué daño es el

que hago yo al tribunal del consulado ni al comercio de esta ciudad y reino, cuando desdeque vine de España la mayor parte del tiempo la he ocupado en asistir y ayudar a losprincipales mercaderes.’’

74. Cédula of March 11, 1723, in AGI, consulados, libro 445.75. Document dated October 13, 1775, in AN/Q, FE 34, vol. 94, no. 3643, 102–3; 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 toavoid 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 46–49.79. Allegations of Carlos Magron in AN/Q, gobierno 42, expediente 22.10.1790.80. Nunn, Foreign Immigrants, 110–13.81. AGN/L, RTC, contencioso 252, cuaderno 61, 2, and AGN/L, RTC, contencioso

252, cuadernos 67. Although the Recopilación de Indias, law 10, title 27, book 9, ruledthat artisans with ‘‘useful offices’’ could be allowed to remain in Spanish America, moreimportant 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, 35–36 and 43, respectively.83. His petition, presented in Lima on January 8, 1762, in AGN/L, SG, varios 3,

cuaderno 107, 1–2. The original reads: ‘‘Pues mi nacimiento fue en la villa de Cangas delreino de Galicia sujeta al rey católico de las Españas, y nacido de padres notoriamentecalificados e ilustres por serlo del capitán de granaderos don Pedro Mariño y de doñaMaría Barrieros y Figueroa, naturales de dicha villa . . . este testimonio denigrativo a mipersona y haciendo injuria a mis padres cerca a su naturaleza y nobleza que es de laprimera jerarquía en el reino de Galicia y que mis padres y abuelos han servido a sumajestad.’’

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, 1–2. The same allegation was alsoreproduced in AGN/L, SG, varios 4, cuaderno 122. The original reads: ‘‘no se necesitapara saber que es francés más ejecutoria que la firma que pone en el escrito de dichahoja . . . porque es letra tan extranjera, como es su habla, de modo que en habla y letratiene dos irrefragables testigos de su extranjería.’’

86. AGN/L, RTC, contencioso 252, cuaderno 76, 14–16, on p. 14. The original reads:‘‘es notoria su extranjería en primer lugar . . . no porque no habla el castellano, sinoporque no lo habla seguido, tropieza en las palabras sin que esto venga de defecto en lasarticulaciones y le falta aquella extensión de términos que es propia de quien los ha


adquirido después de la edad mayor.’’ Similar claims were made against Francisco Vasaloin the same cuaderno, 38–41 on p. 42. Another example is the case of Juan BautistaPlacert, narrated in AGI, Quito 126, 224–25. Juan was suspected of foreignness becauseof his surname. But following legal procedures, he was declared native. In 1722, AndrianPedro Barnes was classified as a foreigner because of his surname. It was later made clearthat 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 Béquer was similar:decision of March 5, 1624, in AGI, contratación 50B.

87. The problems inherent in using cultural traits as proofs for membership was openlydiscussed 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, andAGN/L, SG, varios 4, cuaderno 122, especially the opinion of the fiscal dated December10, 1761. This was also the conclusion of the Cádiz merchant guild according to ‘‘Acu-erdo del comercio de Cádiz,’’ 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 54–57, 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 averiguación de esta materia es muydificultosa, pues en las Indias pocos o ningunos solicitan mantenerse en ellas confesandoser franceses, ingleses, holandeses ni de otra nación, sino la de castellanos, andaluces,navarros y vizcaínos, usando la cautela de mudarse el nombre por si llegase el caso de lapesquisa de averiguarles la patria.’’ The complaint of Lima’s merchant guild on December16, 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 inAGN/L, RTC, contencioso 252, cuaderno 65, 10–20.

91. AGN/L, RTC, contencioso 252, cuaderno 77, 1–9. The original reads: ‘‘porque yosoy español, 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 councilrefused to proceed against several ‘‘Greek merchants’’ because the licences they carriedcertified that they were Spaniards: Acuerdos del extinguido cabildo de Buenos Aires, vol.15, libro 10, 216–17.

93. ‘‘Public fame’’ and ‘‘public knowledge’’ were categories of proof: Lévy, La hiér-archie des preuves; Ghisalberti, ‘‘La teoria’’; and Herzog, La administración, 255–78.

94. AGN/BA, 9–39–7–3.95. 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, 32–36. The original reads: ‘‘lo que se

trata en este proceso es distinguir el extranjero del natural, lo que no puede hacerse sinprueba y no porque el tribunal cometa algún error de lista en que se incluyen muchos queno son extranjeros se puede resolver sobre sola su consulta.’’


Chapter 6. The Other

1. García Cárcel, ‘‘Las fronteras.’’2. Portillo Valdés, ‘‘Los límites’’ and in La nazione cattolica, 128, and Fernández

Albaladejo, ‘‘Católicos,’’ 103–27.3. Koenigsberger, ‘‘National’’ and in ‘‘Spain,’’ 144–72; Payne, Spanish Catholicism,

3–70; Continisio and Mozzarelli, Repubblica e virtú; and Fernández Albaladejo, ‘‘Elproblema.’’

4. Fernández Albaladejo, ‘‘Rey.’’5. Recent studies indicate that the traditional reading of late medieval developments

was greatly influenced by early modern and modern perceptions. The reconquest ofSpain, we are now told, involved many foreigners and was not necessarily an exclusivelySpanish affair: Ruano Eloy, ‘‘La participación.’’ Many of its heros, such as the legendaryEl Cid, frequently crossed religious boundaries and alternatively fought on Christian andMuslim side: Fletcher, Quest for el Cid. Among settlers of territories liberated fromMuslim control were many non-Christians: Clemente Ramos, La sociedad. These issuesare also treated in Linehan, ‘‘Religion.’’

6. Mariana, Del rey, 570–71. The original reads: ‘‘Es pues la religión un vínculo de lasociedad humana, y por ella quedan sancionadas y santificadas las alianzas, los contratosy hasta la misma sociedad que constituyen.’’

7. Armas Asin, ‘‘Herejes.’’8. ‘‘Indice de los dos tomos de comercio de extranjeros en España,’’ in AHN, estado

647/16, capítulo 33, and the rejection of Protestants in 1803 Buenos Aires, as expressedin AGN/BA 9–35–3–6. See also Castelnau, ‘‘Les étrangers,’’ 143–62, and Alberti andChapman, ‘‘English.’’

9. ‘‘Noticias de las diligencias hechas entre el consulado y los hijos de extranjeros engrave dependencia que se subscitó en el año 1719 y se feneció en el de 1728,’’ in AGI,consulados 892A, 6. The same argument was repeated in 1785 when it was clearly statedthat nativeness could not be granted to sons of Moors, atheists, or gentiles: ‘‘Dictámen deJuan Antonio Enrique’’ dated San Sebastián October 10, 1785, in BPR, II 12.866, no. 4,39R–46V, on fols. 41V–42R.

10. Siete Partidas, law 2, title 24, partida 4.11. Opinion of the fiscales in the consulta of February 26, 1774, in AHN, estado 5042,

106–11.12. The cámara of Castile on July 24, 1782, in AGS, GJ 873.13. Letter of November 28, 1803, in AGN/BA 9–35–3–6. The original reads: ‘‘se

reconcilió con la iglesia para vivir entre nosotros . . . y que si ahora vuelve a su tierra seconcidera aborrecido.’’

14. Novísima Recopilación, law 2, title 11, book 6; cédulas of April 16, 1701, and July6, 1701, in ACV, SA-Ced/Prag. C.9–15 and C.9–46; and cédula of March 18, 1734,quoted by Joseph Valloise in AGN/L, RTC, contencioso 252, cuaderno 61, 58; and thecases of Arturo Francisco Poner and Juan Flores mentioned in AGN/L, SG, varios 4,cuaderno 122.

15. Cámara of Castile on February 14, 1761, in AGS, GJ 873. Similar arguments wereconsidered by the Council of Castile on March 2, 1762, according to the ‘‘Real decreto . . .


privilegios que gozen en España 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 huí, y he conseguido el seguro de la tran-qulidad en mi cristiana profesión, gozando de este beneficio el espacio de 10 años a quemoro entre españoles y sus tierras, prentendo y protesto jurar domicilio y vecindad en ellugar que más cómodo me fuese de este provincia’’ and ‘‘a más de lo que decí lleva lareligión y el derecho natural y el amparo y protección que de más de católico de un sujeto,que desde sus tiernos años huyendo de que lo infestasen las diversas sectas de herejía, haque se hallaba expuesto en un reino y nación protestante.’’

17. The cases of Juan Valois, Diego Poner, and Arturo Alejandro, who defended theirright 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 fiscal 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 históricas, 293–95.

19. This became the common practice: AGI, consulados, libro 445, 244–46 and 262–65.

20. The Spanish version identified the Chueta as ‘‘de estirpe hebraica.’’ Eighteenth-century Chuetas are studied in Paz, ‘‘Reclamaciones’’; Moore, Those of the Street, 153–54; Cortés Cortés, Historia de los judíos mallorquines, vol. 2, 333–47; Selke, Conversosof Majorca; Isaac, Els jueus de Majorca, 58–59; González Esquerdo, ‘‘Orígines’’; andPoqueres i Gené, Lourde alliance, 244–51. Their petition dated February 12, 1773, aswell as the proceedings that followed it, are found in AGS, GJ 1021. Many of thesedocuments were published by Pérez Martínez, Revindicación de los judíos 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 Adán descienden de judíos o gentiles’’ and ‘‘Cuál era la causa para laexclusión . . . que si por a caso era el que viniesen los suplicantes de un orígen que tal vezes común a toda la nación 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 nación española, con uno de los

mayores demuestros que conocían las leyes, afirmando en su memorial que el orígen deque ellos venían era tal vez común a toda la nación y sin duda a la mayor parte? Qué sepodía prometer de los que tenían la loca osadía de suplicar a su rey que los sacase de subajesa y los enlasase a todos los honores reputándole precisado a ello, cuando ni losvasallos del más alto carácter hablan en este tono a su soberano?’’

24. The original reads: ‘‘humillados . . . los individuos de la calle aspirarían siempre aser conservados en la patria en que nacieron, por medio de una conducta justificada,porque a tales gentes solo les contenía el temor de perder sus intereses y conveniencias yno el amor al príncipe que les defendía ni al estado con cuya substancia vivían, ni teníanpor honor otro objeto que su interés.’’

25. Opinion of July 2, 1774, in AGS, GJ 1021. Pedro Rodríguez Campomanes (1723–1803) was a well-known figure in Spanish enlightened circles and was personally respon-


sible for many eighteenth-century reforms: Rodríguez Díaz, Reforma e ilustración; Llom-bart, Campomanes; and Vallejo García-Hevia, Campomanes, 143–52.

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 emulación y odio inexinguible

porque en la aprehensión 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 Piña Homs, La reincorporación de Menorca and the cédula ofMarch 11, 1799, in AN/Q, gobierno 51, expediente 21.10.1799.

30. The discrimination of converso in late medieval and early modern Spain was thesubject of innumerable studies. For my purpose, I found the following most useful:Sicroff, Les controverses des status de ‘‘pureté de sang’’; Domínguez Ortiz, Los judeocon-versos; Riandiere la Roche, ‘‘Du Discours’’; Contreras, ‘‘Limpieza’’; Molas Ribalta, ‘‘Elexclusivismo’’; Gutiérrez Nieto, ‘‘El reformismo’’; Kamen, ‘‘El ámbito’’ and in his ‘‘Lim-pieza’’; Cuart Moner, Colegiales mayores y limpieza de sangre; Hernández Franco, Cul-tura y limpieza de sangre, 11–21 and 175–78; and Netanyahu, Origins of the Inquisi-tion, 351–661 and 1003–4.

31. Dedieu, ‘‘Hérésie.’’32. These orders were mentioned in a cédula of November 11, 1692, in ACV, SA-

Ced/Prag. C.8–66. The literature on anti-Gypsies legislation in Spain is abundant. Someof the most important titles are: Sánchez Ortega, Documentación sobre la situación andLos gitanos españoles; Leblon, ‘‘Les gitans dans la péninsule,’’ in Les gitans d’Espagne,and in ‘‘Les gitans: Une société fermée?’’; and Peñafiel Ramón, ‘‘Gitanos.’’ Anti-Gypsiesperceptions were also mentioned by Herrero García, Ideas de los españoles, 641–55, andGarcía Martínez, ‘‘Otra.’’

33. Pragmática of June 12, 1695, in ACV, SA-Ced/Prag. C.8–88.34. Pragmáticas 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, inACV, SA-Ced/Prag. C.10–88; C.10–139; C.12–8; C.12–18; and C.12–53, and in AGS,GJ 1004, respectively. The contents of many of these pragmáticas are enumerated in theNovísima Recopilación, title 16, book 12. AGS, GJ 1005 and 1006 include additionalinformation about the prosecution of Gypsies. See also Alvarez Valdés y Valdés, Laextranjería, 491–96.

35. According to the legislation, a Gypsy family could include three generations, aslong as the younger ones were unmarried.

36. Recopilación de Indias, law 20, title 26, book 9 and law 5, title 4, book 7. Law 5states that Gypsies could easily trick the Indians because of their natural simplicity, andthat because of the great distances in Spanish America, they would be virtually uncontrol-lable. The original reads: ‘‘entre los indios a los cuales engañan facilmente por su naturalsimplicidad . . . y conviene que, en las Indias, por las grandes distancias que hay de unospueblos a otros y teniendo mejor ocasión de encubrir y disimular sus hurtos, apliquemosel medio más eficaz para librarlas de tan perniciosa comunicación y gente mal inclinada.’’

37. Veitia Linaje, Norte de la contratación, 300.38. These considerations were still present in the eighteenth century: Gómez Alfaro,

‘‘La polémica.’’


39. Petition of the cortes of Castile in 1619, reproduced in the cédula of November 11,1692, in ACV, SA-Ced/Prag. C.8–66.

40. Cédula of November 11, 1692, in ACV, SA-Ced/Prag. C.8–66. Gómez Alfaro, Lagran 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, 98–106. Other contem-porary opinions are cited by Leblon, Les gitans d’Espagne, 226–27 and 229–31.

42. Chapter 1 of the pragmática of September 19, 1783, cited in the pragmática ofFebruary 28, 1784, in AGS, GJ 1004. The original reads: ‘‘declaro que los que llaman y sedicen gitanos no lo son por orígen ni por naturaleza ni provienen de raíz infecta alguna.’’

43. Pragmática of July 19, 1746, in ACV, SA-Ced/Prag. C.12–18. The original reads:‘‘pues habiendo nacido tales [vasallos] y debiendo ser comprehendidos en todos lostributos y cargas reales y personales, no es justo parezcan otra cosa.’’

44. Martínez Martínez, La minoría gitana, 47–48 and 54–62.45. Some of these questions are treated in the reports of the audiencias of Aragon,

Valencia, Catalonia, and Granada dated 1783 and cited by Sánchez Ortega, Documenta-ción sobre la situación, 188–218.

46. Petition of December 16, 1745, cited by the royal delegate and council of Jerez de laFrontera and inserted in the pragmática of July 19, 1746, in ACV, SA-Ced/Prag. C.12–18.

47. Martínez Martínez, La minoría gitana, 119–21.48. Petition of Baltazar Vargas, dated May 1797 in AVM, secretaría 2–348–62.49. 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 pragmática of July 19, 1746, in ACV, SA-Ced/Prag. C.12–18. These typesof petitions were not new. They were already voiced as early as the 1590s according toACV, PC-PA(F) 561–4. Apparently, Seville also reacted against the strict implementationof 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.12–53, that determined that anti-Gypsy measures should have never beenapplied to ‘‘good Gypsies.’’ On that occasion, ‘‘good Gypsies’’ were classified as thosewith a fixed domicile who were well behaved or Gypsies already holding royal decreesclassifying them as Castilians.

52. The faith of the Gypsies was thus similar to that of other itinerant people: Geremek,Truands et misérables, 69–110, and Pérez Esteve, El problema de los vagos.

53. Sánchez Ortega, Los gitanos españoles, 159–60 and 163–65.54. Undated petition by Manuel Blas Ortíz, cited in Sánchez Ortega, Documentación

sobre la situación, 248–50. The original reads: [their petition to include them in the]‘‘fueros, excepciones y privilegios de naturales de estos reinos’’ [and to recognize that] ‘‘elnombre que les había querido dar de gitanos había sido por el pretexto, no porque en larealidad lo fuesen, pues no eran extranjeros’’ and the 1718 decree that agreed that theywere ‘‘originarios de nuestros reinos y no de nación de gitanos.’’

55. Petition of Cayetano Diez Montoya and his wife in 1739, cited in Saborit Banderas,‘‘Gitanos,’’ 310–12.


56. Vaux de Foletier, ‘‘La rafle,’’ 6–7. Similar considerations also guided the authoritiesof Seville in 1745–46 according to Pérez de Guzmán, Los gitanos, 75.

57. This expression was used, for example, in the pragmática of June 12, 1695, in ACV,SA-Ced/Prag. C.8–88. Gypsy ‘‘foreignness’’ was also mentioned by Vassberg, Village,143–46.

58. Obliged to proceed despite their protest, the judges came up with five names. Twoof them were elderly and sick, and the other three were classified as useful members of thelocal community: AGN/BA 9–19–2–10, and Acuerdos del extinguido cabildo de BuenosAires, ser. 3, vol. 5, libros 36–60, 70–71 and 424–25.

59. Martínez y Martínez, La minoría gitana, 102–4. The original reads: ‘‘con trajedesaliñado, poca limpieza en el vestido, moreno color y dichas señales les daban degitanos.’’

60. Gómez Alfaro, La gran redada, 48 and 54–55; and Martínez y Martínez, Laminoría gitana, 106–8 and 119–29.

61. This distinction is clear in the Siete Partidas, which dedicates different titles (titles24 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 régimen,’’ 120–26, and Pérez Prendes Muñoz Arraco, ‘‘Los crite-

rios,’’ 1041–53, and ‘‘La obsesión.’’64. Lalinde Abadía, ‘‘L’inserimento,’’ 52–53. 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:‘‘nació en ella [Milán] . . . cuando estaba en mi legítimo dominio, siendo su padre . . . unode mis más fieles vasallos y natural de ella. Luego que se apoderaron de aquel estado lasarmas de Alemania (1707) por no querer reconocer ni tener otro soberano que a mí, dejósu patria y adandonándola se vino a España, avecindado en Cádiz, trayendo su familia yal suplicante muy niño con él.’’

66. Naturalization letter of March 31, 1708, in AVM, secretaría 2–345–26. The origi-nal reads: ‘‘a lo que ha padecido por fiel vasallo de Su Majestad habiendo salido dester-rado de aquella ciudad por el principe Eugenio . . . sacrificando su persona, bienes yhacienda 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 fiel vasallo, porque en mi primera edad, servía vuestrareal persona con toda la fidelidad necesaria, con las tropas, en los reinos de España, en lascampañas de los años de 6, 7, y 8 de este siglo, en los sitios de Barcelona, Lérida,Cartagena de Levante y en otras funciones de guerra a que en el transcurso de dichascampañas se ofrecieron, arriesgando sangre y vida en defensa de vuestros derechos y devuestras banderas reales.’’

68. AN/Q, FE 34, vol. 94, no. 3643, 102–31, expediente 13.10.1775. An identicalclaim was made by Francisco Lafariña y Madrigal in 1720 according to the consulta ofthe cámara 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. Theoriginal reads: ‘‘que se reputa por agregado a la corona de Aragón.’’

252 Notes to Page 135

70. Petition of Luis Melloni, cited by the cámara on August 27, 1777, in AGS, GJ 873.The original reads: ‘‘le favorecía también y persuadía una especie de equidad y memoriaantigua a que no se entendiera con los sardos tan rigorosamente como con otros extran-jeros la disposición de la ley 14, título 3, libro 1 de la recopilación.’’

71. ‘‘Súplica hecha a S.M. por los flamencos establecidos en Sevilla que se les recon-ociera tener los mismos derechos que los españoles’’ in AGI, EC 1057A, 428R–431R onfols. 428V–429R and discussed by the Council of the Indies in 1722 and 1723. Anadditional copy of the same súplica can be found in BNE MSS 18.649–62. The originalreads: ‘‘Los flamencos han sido de algunos siglos a esta parte vasallos de esta corona,lograron siempre la primera estimación entre cualesquiera súbditos por el singular ap-recio que los predecesores de Vuestra Majestad han hecho de su dominio. Queda alescrutinio de los anales los méritos que tuvieron para desfrenar la violencia de sus prín-cipes, pero no pueden omitir la representación que hacen de los muchos servicios quefrequentaron en su país 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 más claridad sucelo y su servicio, asi en las contribuciones que han ejecutado, como en el dictámen conque resolvieron abandonar su patria y sus intereses. . . . Tan conforme y tan genial ha sidosu trato con los españoles siempre, que jamás han oído en este país el nombre de extran-jeros y los españoles han vivido siempre en Flandres como naturales.’’ The same questionwas also studied in ‘‘Explicación de la última determinación del rey y superior consejo delas Indias en el pleito entre el comercio de España y los hijos de extranjeros nacidos enestos dominios’’ in AGI, consulados 892A, 1 and 7 and in the opinion of the representa-tive of royal interests (fiscal ) in the Council of the Indies dated March 6, 1723, in AGI,EC 1057A, pieza 5, 416R–7V.

72. Vietia Linaje, Norte de la contratación, 329–30, and Solórzano Pereira, PolíticaIndiana, book 4, chap. 19, point 37.

73. It was literally asserted ‘‘que la denominación solo que usa Su Magestad de serseñor de aquel reino [Sardinia] no es suficiente como se verifica en otros varios y habría lamisma razón a favor de los naturales de Milán y Flandres’’: letter of Manuel de Rodó toManuel Figueroa, dated September 5, 1777, in AGS, GJ 873. Similar assertions weremade in the cases of Francisco de la Fariña and Luis Melloni, debated on July 1721 andAugust 27, 1777, respectively, both in AGS, GJ 873 and in the literature, e.g., Alamos deBarrientos, Discurso político, 8–11.

74. ‘‘Noticia de las diligencias hechas entre el consulado y los hijos de extranjeros engrave dependencia que se subscitó en el año 1719 y se feneció en él de 1728’’ in AGI,consulados 892A, 17. The original reads: ‘‘aun cuando los países de Flandes de que erannaturales sus padres se conservasen en el dominio de la corona de España y no estuviesenocupados por las armas del señor emperador conforme a la ley que queda citada quepreviene cual hayan de estimarse naturales de España para el comercio de las Indias, no lopodrían ser los flamencos, como ni los napolitanos, milaneses ni demás, para lo queacordó la distinción legal que hay entre los estados, que se unen accesoriamente y los queaquae principaliter se agregan, pues los primeros perdiendo todos sus fueros, privilegios yleyes se hacen un cuerpo indiviso e indistinto con el resto de la monarquía 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


principaliter se agregan, como que se retiene las excepciones y privilegios que o teníanantes o se les concedieron al tiempo de admitirlos y que no están gravados con laspensiones y cargas que los naturales, no deben gozar de sus privilegios bien, si solo de losque se les hubieren concedido en fuerza de gracia o pacto al tiempo de su agregación, losque sirven de limitación para que queden excluidos los demás.’’ The same view was alsoexpressed in ‘‘Por el fiscal de su majestad, en defensa de la respuesta que dió a laspretensions introducidas por los hijos nacidos en España de padres extranjeros.’’ AGI, IG2301, 7R: ‘‘Y la razón de vasallos, aunque hoy están debajo de diverso dominio, no les daprivilegios 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 sucedió a los flamencos.’’ This point was alsotreated by the representative or royal interests on March 6, 1723, in AGI, EC 1057A,416R–417V, and by Dedieu, ‘‘Los gobernadores,’’ 493–95.

75. These terms were mentioned in Puerto Santa María: the cases of Guillermo Mac-Donnel and Wencenlau Helm in AHN, estado 629–1/8. See also the draft of a consulta,based on the decree of November 24, 1763, and a cédula of June 28, 1764, in AHN,estado 5042, and AHN, estado 629–1/2.

76. These terms were used in Orán and San Sebastian according to AHN, estado 629–1/4 and 1/6.

77. The case of Domingo French in AHN, estado 629–1/10.78. Consulta of February 26, 1774, in AHN, estado 5042, 155. Pérez Collados, Una ap-

roximación histórica, 67, and Castro, ‘‘la legislación,’’ 247–51, 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 ésta se separó de las otras [merindades] cuando el santo rey don Fernando elcatólico desposeyó de Navarra la alta a Juan III de Navarra, pero con todos los reyes deEspaña, nunca han querido perder su derecho a esta merindad, haciendo y ejecutandoactos positivos de dominio para conservarla en él. . . . El rey es dueño de sus dominios y elmejor autor de los límites de su corona . . . [y por su decisión] los naturales de Navarra laBaja no son extranjeros sino españoles y sujetos a los dominios de España.’’ According toFrancisco: ‘‘desde que se incorporó el reino de Navarra con los de Castilla, se han conser-vado en ellos todos los derechos de españoles a los naturales de la sexta merindad,llamada comúnamente Navarra la Baja que actualmente se halla bajo denominación delos reyes de Francia.’’ Other Lower Navarres accepted their classification 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 cámara dated July 20, 1782, in AGS, GJ 873. The original reads:‘‘virtualmente se contemplan iguales a los naturales de España o comprendidos bajo eldominio de esta corona, y aun por esto conservan la recepción en la orden militar de SanJuan bajo el concepto de naturales o caballeros de la lengua de Aragón.’’

81. Consulta of the cámara of Castile, June 16, 1770, in AGS, GJ 873. Minorca wasceded to Britain in the Treaty of Utrecht (1713) and was formally incorporated to Spainonly in the Treaty of Versalles (1783). It was briefly reoccupied by Britain in 1798: PiñaHoms, La reincorporación de Menorca, 45–47. See also cédula of March 11, 1799, inAN/Q, gobierno 51, expediente 21.10.1799.


82. Assadourian, Beato, and Chiaramonte, Historia de Argentina, 159, 167–68, 248,and 282–86.

83. The case of Manuel Zipirana de Melo, debated in 1786 in Buenos Aires in AP/LP7–3–115–6, esp. 40V–42V, 46V–47V, and 63R–66R. The originals read: ‘‘Nadie estáobligado a sujetarse a más de lo que ha convenido y un ciudadano que se constituyó avivir en sociedad en un estado libre e independiente, puede muy bien mudado ésta denaturaleza y sometiéndose a dominio extraño, abandonarla y ausentarse de ella . . .porque se rompieron y cortaron por este medio los lazos de la sociedad y la obligaciónque esto ha con ésta. En una palabra: quedó entera y naturalmente libre para elegir ysometerse al imperio y dominación que le plazca’’ and ‘‘Naturaleza . . . es aquella obliga-ción de amarse y quererse bien por algún justo motivo. Extranjería por el sentido opuestoes una precindencia de aquella calidad introducida por derecho de gentes, de que nació ladistinción de dominios, establecimientos de reinos, fundación de pueblos y separación deprovincias. De suerte que a no ser esta división, todos seríamos naturales de todas tierrasy de ninguna extranjeros. La obligación de amarnos sería una misma en todos y seconociera la pertenencia de unos a los otros. El hombre, para cuyo servicio, utilidad yrecreo formó Dios esta gran máquina del universo, tiene derecho natural de habitar yvivir en todas y cada cual de sus partes. Toda la tierra es su patria y de toda ella esoriginario y natural. Ahora pues, este derecho que puso raya a las naciones y sujeta a cadacual de ellas dentro de los términos de su pertenencia, aunque hijo primogénito de larazón, está sujeto a las contigencias del tiempo y puede padecer sus alteraciones, quierodecir, que la división o separación de dominios que inventaron hoy, puede enmendarsemañana por nueva determinación de sus autores y como esta circunstancia hace en elhombre la cualidad de nacional o extranjero, siempre que ellas se muden o se alteren losdominios se muda también la condición o estado civil del hombre hablando en términosjurídicos 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 inAGN/BA 9–35–3–3, expediente 105, and cédula of April 30, 1773, in AGI, IG 1536,respectively. AGI, IG 1536 contains many other examples.

Chapter 7. The Crisis of an Empire

1. Fontana i Lázaro, La crisis; Hermann, Les révolutions dans le monde ibérique;Artola, Los orígenes, vol. 1, 152–205; Suárez, El proceso; Rodríguez, El experimento deCádiz; and Hamnett, La política española.

2. Quintana, cited in Suárez, El proceso, 73. The original reads: ‘‘Conservar el pre-cioso depósito de libertad que les habían legado sus mayores,’’ ‘‘Mis padres me dejaroncomo herencia la esclavitud y la miseria, yo dejo a mis descendientes la libertad y lagloria’’ and ‘‘Porque no se edifica bien sobre la arena y sin leyes fundamentales y con-stitutivas que defiendan el bien ya hecho y contengan el mal que se intenta hacer.’’

3. Sospedra, La constitución española; Varela Suánzes-Carpegna, La teoría del es-tado; and the collection of articles published in Anuario de historia del derecho español65 (1995).

4. Stoetzer, Scholastic Roots; Halperín Donghi, Reforma y disolución; Annino, Cas-tro Leiva, and Guerra, De los imperios; Rodríguez, Independence; Chiaramonte, Ciuda-


des, provincias, estados; and Guerra, Modernindad e indepenencia and in his most recent‘‘Implosion.’’

5. Liss, Mexico under Spain; Pagden, ‘‘Identity Formation’’; Lavallé, ‘‘Hacia’’; andLynch, ‘‘Introduction,’’ 34–37.

6. Brading, Origins; Guerra, ‘‘La nation’’; and Harwich Vallenilla, ‘‘Construcción.’’Criticism of this analysis can be found in Bertrand, ‘‘Comment,’’ 99–101. Creolism wonprominence in the Anglo-speaking world in the 1980s after its inclusion in BenedictAnderson’s Imagined Communities, where it was classified as an early example of amodern national identity. Lomnitz, ‘‘Nationalism,’’ includes a critique of his use andunderstanding of Creolism.

7. Lavallé, Las promesas, 25; Lafaye, Quetzalcoátl et Guadalupe, 20; Pietschmann,‘‘Los principios,’’ 88; and Pastor, ‘‘Criollismo,’’ 265.

8. Lavallé, ‘‘Hispanité’’; Pagden, ‘‘Old Constitutions’’; and Alberro, Les espagnols,11. Recently some historians have affirmed that until the independence Creoles perceivedthemselves as Spaniards: Brading, ‘‘Nationalism’’; Guerra, ‘‘Implosion’’ and in his ‘‘Iden-tidad,’’ 221–24.

9. Minguet, ‘‘Nationalisme’’; Lavallé, ‘‘Conception’’ and in his Las promesas, 105–27 and 129–41; Clément, ‘‘La connaissance’’; and Brading ‘‘Patriotism,’’ 30–33 and39–40.

10. See note 1 and 3, above.11. Guerra, ‘‘El soberano,’’ 41–44 and 47–48.12. Liss, Mexico under Spain, 25–26.13. Tibesar, ‘‘Alternative,’’ and Lavallé, Recherches sur l’apparition and in his Las

promesas ambiguas.14. Lavallé, ‘‘Hispanité,’’ 96–99.15. Burkholder and Chandler, From Impotence. Current research indicates that, de-

spite Creole vindications, Creoles did obtain many offices and in fact controlled most ofthe local church, government, and judicial institutions: Kicza, ‘‘Social’’; Brading, ‘‘Gov-ernment,’’ 400–405; Pérez Herrero, ‘‘Beneficiaries’’; and Morelli, ‘‘Las reformas.’’

16. ‘‘Representación hecha por los americanos a nuestro rey Carlos III lamentándosede que no se les mira y distingue como sus méritos piden solo por residir allí,’’ an anony-mous pamphlet dated Madrid May 30, 1774, in BN/L, MSS C4321 and ‘‘Discurso delabad Don Ramón Dios . . . sobre la oposición que los escritores extranjeros fingen yexageran entre los españoles europeos y americanos,’’ undated pamphlet in BPR II 2851,no. 10, 270R–296R. Similar issues were raised in British North America: Breen, ‘‘Ideol-ogy,’’ 23 and 26–30.

17. ‘‘Representación hecha por los americanos a nuestro rey Carlos III lamentándosede que no se les mira y distingue como sus méritos piden solo por residir allí,’’ 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 fin de que asi formasen un solo cuerpo político, sin alguna diferencia en el goze de susantiguos prerrogativas de Castilla.’’ See also Alonso de Solórzano y Velasco, ‘‘Discursolegal e información en derecho a favor de los nacidos en los reinos del Perú y convenien-cias para que en él, sin el obice de haber nacido allí, pueden obtener plazas de oidor ydemás que les están prohibidas,’’ (1652) in BPR MSS 2848, 27R–57V.


18. Manzano Manzano, La incorporación and in his ‘‘La adquisición’’; Konetzke, ‘‘Lacondición’’; and Pietschmann, ‘‘La resistencia.’’

19. This rule was affirmed on many different instances. It was clear from the treatmentof native Spaniards in Spanish America, but was also clearly stated in legislation, e.g.,cédula of January 2, 1788, reproduced in Konetzke, Colección de documentos, vol. 3/1,434–35.

20. Pagden, ‘‘Identity,’’ 60–65.21. Pedro de Bolívar y de la Redonda, ‘‘Memorial, informe y discurso legal, histórico y

político . . . en favor de los españoles que en ellas nacen, estudian y sirven’’ (Madrid,1667), the Lilly Library, Indiana University, Bloomington, 3V, 25R, 32R-V, 45V, 53R and56R.

22. Juan Antonio de Ahumada, ‘‘Representación político-legal a la majestad del señordon Felipe V en favor de los empleos políticos, de guerra y ecclesiásticos’’ (1725), re-produced in Documentos selectos el centro de estudios, 87–105. Another intervention byAhumada, this time affirming the Spanishness of Creoles, is described in Baeza Martin,‘‘La Condena,’’ 461.

23. Letter of November 28, 1796, reproduced in Blanco, Documentos para la historiade la vida pública, 267–75, on 269–70 and 272. Among the quotations are: ‘‘y cuando yase saben [las leyes], impede a los magistrados aquella natural flojedad con que mira elhombre los intereses ajenos y de un país en que solo se halla transeunte y a que solo secondujo por el deseo de adquirir bienes suficientes para concluir su carrera en su propiopaís o en otra parte . . . manifestando su desaplicación o dificultad en ordenar las cosas yremediar los males, sin otro motivo que él de no tener necesidad de permanecer aquí y deque habiendo de dejar la América, importa poco su destrucción.’’ The king has to main-tain the loyalty of ‘‘los naturales y vecinos españoles que por estar casados o tener susbienes en ella, procuran vivir en paz y en la religión y subordinación en que nacieron ysolo solicitan de V. M. los conserve con el honor de sus ascendientes.’’ A similar distinc-tion, which divided the Franciscans of Mexico into ‘‘Spaniards,’’ ‘‘sons of the province’’(persons who were born in Spain, yet were ordained in the New World), and ‘‘Creoles,’’was examined by Morales, Ethnic and Social Background, 45–75.

24. Teresa de Mier, Memorias, 281, and in his Historia de la Revolución, 524–25 and462. I would like to thank Gabriela Gómez Cárcamo for calling to my attention to thesesources, which she analyzed in a seminar paper titled ‘‘Fray Servando de Mier: Meaningand Nuance,’’ presented to the Department of History of the University of Chicago in1999. A similar affirmation was made with regard to the English in British North Amer-ica: Wahrman, ‘‘The English,’’ 1256.

25. Gaceta de Buenos Aires, September 17, 1810, cited in Vogel, ‘‘New Citizens,’’ 111.26. Galmorini, ‘‘La situación.’’ Although this situation continued in early 1811, as

demonstrated by the town council records of March, April, and May 1811 in Acuerdosdel extinguido cabildo de Buenos Aires, ser. 4, vol. 4, libros 65–67, 427–31, 433–35,437, 445–54, 460–64, and 470, at a later date the distinction between natives andnaturalized reemerged, and the council affirmed the exclusive right of those born in thecity to be deputies in the congress.

27. Mariano Beristáin de Souza, cited in Brading, ‘‘Patriotism,’’ 32.


28. The political use of natural law in colonial and republican Spanish America wasalso analyzed by Chiaramonte, ‘‘Fundamentos.’’

29. ‘‘Representación que hizo la ciudad de México al rey don Carlos III en 1771 sobreque los criollos deben ser preferidos a los europeos en la distribución de empleos ybeneficios de estos reinos,’’ dated March 2, 1711, and reproduced in Hernández Dávalos,Colección de documentos para la historia, vol. 1, no. 195, pp. 427–55, quotation on pp.429–30. The original reads: ‘‘Pues obran contra ellos las mismas razones, porque todaslas gentes han defendido siempre el acomodo de los extraños. Lo son en lo natural,aunque no en lo civil en la America los europeos; y como no alcance la fuerza civil a laesfera de los efectos naturales, hemos de experimentar estos de los hijos de la antiguaEspaña, por más que civilmente se entiendan no extraños de la nueva. Entre los efectosnaturales se cuenta con mucha razón el amor que tienen los hombres a aquel suelo, en quenacieron y el desafecto a todo otro, siendo estos dos motivos los más solidos principios,que persuaden la colocación del natural y resisten la del extraño.’’

‘‘Representación que hizo la ciudad de México al rey don Carlos III en 1771 sobre quelos criollos deben ser preferidos a los europeos en la distribución de empleos y beneficiosde estos reinos,’’ dated March 2, 1711, and reproduced in Hernández Dávalos, Colecciónde documentos para la historia, vol. 1, no. 195, 427–55, quotation on p. 430. Theoriginal reads: ‘‘Estos por más que no se consideren civilmente extranjeros en Indias, loscierto es que no recibieron el ser en ellas: que tienen en la antigua España, y no en lanueva, sus casas, sus padres, sus hermanos y quanto es capaz de arrastrar la inclinación deun hombre; que cuando a esta distancia se destierran a servir un empleo, no muden denaturaleza, ni se hacen insensibles a los impulsos de la con que nacieron y por todo ello esfuerza, que desde estas regiones no pierdan de vista la atención a los suyos, y sobreconsultar a socorrerlos (si ya no es a enriquecerlos) se contemplan pasajeros en la Amér-ica, teniendo por objeto el volverse a la quietud de su patria, y casa acomodadas.’’

30. Juan Pablo Viscardo y Guzmán, ‘‘Carta a los españoles americanos,’’ (1792) re-produced in Sánchez, Fuentes documentales sobre la ideología, 41–59, quotation on pp.44–46.

31. ‘‘Representación que hizo la ciudad de México al rey don Carlos III en 1771 sobreque los criollos deben ser preferidos a los europeos en la distribución de empleos ybeneficios de estos reinos,’’ dated March 2, 1711, reproduced in Hernández Dávalos,Colección de documentos para la historia de la guerra, vol. 1, 427–55, quotation on p.429. A copy of the same document is found in BN/L, MSS C4321. The originals read:‘‘trae su antigüedad desde antes de la ley evangélica y el mismo dios la reconoció alta-mente impresa en los corazones de su pueblo’’ and ‘‘Es una máxima apoyada por las leyesde todos los reinos, adoptada por todas las naciones, dictada por sencillos principios, queforman la razón natural e impresa en los corazones y votos de los hombres. . . . Es underecho, que si no podemos graduar de natural primario, es sin duda común de todas lasgentes y por esto de sacratísima observancia.’’

32. Brading, ‘‘Patriotism,’’ 22–23 and 29–30.33. Guerra, ‘‘Identidad y soberanía,’’ 225. On February 11, 1812, an article published

in the newspaper El Censor (Buenos Aires) and cited by Ternavasio, ‘‘Política,’’ chap. 1, n.11, declared that ‘‘las provincias de la América española están declarads por ley iguales en


todo con las de España. En virtud de esto se niegan varias de ellas, a reconocer porsoberano a un gobierno constituído en la península por las provincias españolas, y sin laanuencia de las americanas.’’ I would like to thank Marcela Ternavasio for allowing meto cite her work.

34. Torres, Memorial, 9. The original reads: ‘‘Tan españoles somos como los descen-dientes de Don Pelayo y tan acreedores, por esta razón, a las distincciones, privilegios yprerrogativas del resto de la nación.’’

35. Guridi y Alcocer on January 9, 1811, DDACC, vol. 2, 318. The original reads: ‘‘Losamericanos como hijos de los europeos, mamamos al nacer el amor a la península y desdela niñez nos llamamos y nos tenemos por hijos de ella. Suenan bien en nuestros oídos susnombres y hasta los de sus villas y lugares y no solo somos españoles, sino que nosgloriamos de serlo.’’

36. The decree of February 9, 1811, reproduced in Armellada, La causa indígena, 59,declared the rights of Spanish Americans to hold public offices in the court and anywhereelse in the monarchy.

37. Annino, ‘‘Ciudadanía,’’ 68, and Carmagnani and Hernández Chávez, ‘‘La ciuda-danía,’’ 374–76.

38. Rieu-Millan, Los diputados americanos, 246–50; Ramos, ‘‘Las cortes,’’ 437–53;Fisher, ‘‘Monarquismo’’; Guerra, Modernidad e independencia and in his ‘‘Identidades ysoberanía’’; Estrada Icaza, La lucha; Chiaramonte, ‘‘Modificaciones’’ and in Ciudades,provincias, estados, 371–73; Annino, ‘‘Soberanías’’; Morelli, ‘‘Territorio’’ and in her ‘‘Elespacio.’’ The way rivalries between Spanish American jurisdictions propelled both local-ism and Creolism is described in Liss, Atlantic Empires, 88–90, and Lafaye, Quetzal-coátl, 22–24.

39. The original reads: ‘‘La nación española es la reunión de todos los españoles deambos hemisferios,’’ (art. 1) and ‘‘los españoles son: primero, todos los hombres libresnacidos y avecindados en los dominios de las Españas y los hijos de estos. Segundo: losextranjeros que hayan obtenido de las Cortes carta de naturaleza. Tercero: los que sin ellalleven diez años de vecindad, ganada segun la ley en cualquier pueblo de la monarquía.Cuarto: los libertos desde que adquieren la libertad en las Españas’’ (art. 5).

40. ‘‘Son ciudadanos aquellos españoles que por ambas líneas traen su orígen de losdominios españoles de ambos hemisferios y están avecindados en cualquier pueblo de losmismos dominios’’; ‘‘Es también ciudadano el extranjero que gozando ya de los derechosde español, obtuviere de las cortes carta espacial de ciudadanía’’; and ‘‘Son asi mismociudadanos los hijos legítimos de los extranjeros domiciliados en las Españas, que hab-iendo nacido en los dominios españoles, no hayan salido nunca fuera sin licencia delgobierno, y teniendo veinte y un años cumplidos, se hayan avecindado en un pueblo delos mismos dominios, ejerciendo en él alguna profesión, oficio o industria útil.’’

41. ‘‘Para que el extranjero pueda obtener de las cortes esta carta, deberá estar casadocon española, y haber traído o fijado en las Españas alguna invención o industria aprecia-ble, o adquirido bienes raíces por los que pague una contribución directa o estableciendoen él comercio con un capital propio y considerable a juicio de las mismas cortes o hechoservicios señalados en bien y defensa de la nación.’’

42. Citizenship could also be suspended for physical or moral incapacity, bankruptcy,


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 [deciudadanía] se suspende, primero: en virtud de interdicción judicial por incapacidad físicao moral. Segundo: por el estado de deudor quebrado, o de deudor a los caudales públicos.Tercero: por el estado de sirviente doméstico. Cuarto: por no tener empleo, oficio o modode vivir conocido. Quinto; por hallarse procesado criminalmente. Sexto: desde el año1830 deberán saber leer y escribir los que de nuevo entren en el ejercicio de los derechosde ciudadano.’’

43. ‘‘La calidad de ciudadano español se pierde: primero: por adquirir naturaleza enpaís extranjero. Segundo: por admitir empleo de otro gobierno. Tercero: por sentencia enque se imponga penas aflictivas o infamantes si no se obtiene rehabilitación. Cuarto: porhaber residido cinco años consecutivos fuera del territorio español sin comisión o licenciadel gobierno.’’

44. This continuity was also noted by historians, e.g., Castro, La revolución liberal,71–73.

45. Gutiérrez de la Huerta and García Herrero on September 3, 1811, DDACC, vol. 8,135–36; Uría on September 4, 1811, DDACC, vol. 8, 148; and Larrazábal on September6, 1811, DDACC, vol. 8, 198–99. Argüelles answered this question arguing that Spanish-ness and citizenship were two different things and that each promised a different regimeof rights. Explaining the consequences of this distinction, he nevertheless failed to addressthe issue of how would these categories be distinguished and why should they be distin-guished: DDACC, vol. 8, 136–37.

46. Gutiérrez de la Huerta on September 3, 1811, DDACC, vol. 8, 140, and FernándezDe 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, 146–47. The original reads: ‘‘los

hombres no sólo reciben el ser por el nacimiento, sino muy principalmente por la educa-ción. Siempre se conserva inclinación aun más decidida hacia aquel país en el que se hanperfeccionado nuestras potencias y en los hábitos que duran por toda la vida influyenparticularmente las ideas recibidas en la educación.’’

49. Gutiérrez de la Huerta on September 3, 1811, DDACC, vol. 8, 135–36 and 138–40. Somewhat similar was the intervention of Guridi y Alcocer in the same session.

50. Gutiérrez de la Huerta on September 3, 1811, DDACC, vol. 8, 139–40. Theoriginal reads: ‘‘la necesidad de arraigo, que han considerado siempre las leyes como elfundamento menos equívoco de presumir en el extranjero la intención de permanecer, lafidelidad y adhesión a los intereses nacionales.’’

51. Feliú on September 5, 1811, DDACC, vol. 8, 187. The original reads: ‘‘Es desuponer que conservará [el extranjero] siempre por su país nativo una predilección quepuede en ocasiones ser opuesta a los intereses de España y que se contrabalanceará por elarraigo o apego que es natural contraiga respecto al suelo español en que ha nacido sumujer.’’

52. Terreros and García Herrero on August 31, 1811, DDACC, vol. 8, 100–101.53. Aner on August 31, 1811, DDACC, vol. 8, 99. Argüelles, responding, argued that

this rule was well known and was not abrogated by the constitution: 99–100.


54. Veladiez, Muñoz Torrero, Castillo, and Argüelles, on August 31, 1811, DDACC,vol. 8, 100.

55. Castillo on September 3, 1811, DDACC, vol. 8, 134, and Villafañe’s answer in thesame session, 134–35.

56. King, ‘‘Colored’’; Ramos (Pérez), ‘‘Las Cortes’’; Armellada, La causa indígena;Pérez Guilhou, La opinión pública; Berruezo, La participación americana; Rieu-Millán,Los diputados americanos; Castillo Meléndez, Figallo Pérez, and Serrera Contreras, LasCortes de Cádiz; Blanco Valdés, El problema americano; García Godoy, Las cortes deCádiz y América; and Chust, La cuestión nacional.

57. Session of October 3, 1810, ASSCE, 8 and DDACC, vol. 1, 26–27. The relationbetween Spain and Spanish America was also discussed on January 9 and 11, 1811,DDACC, vol. 2, 316–30 and 346–72. This question was included in the consulta al país.The consulta al país was a round of consultation with royal councils, juntas, authorities,municipalities, tribunals, universities, ecclesiastics, and other individuals, concerningsome of the most important issues facing Spaniards in the beginning of the nineteenthcentury. It was sent on June 1809 to some 150 entities. Of the 68 answers currentlyavailable, about 40 refer to question 8 concerning the (future) status of America. Most ofthese answers suggest that the inhabitants of the Americas were native Spaniards, cit-izens, and members of the same political community: Pérez Guilhou, La opinión pública,47–58.

58. Morales Duárez on January 11, 1811, DDACC, vol. 1, 370, and Fernández deLeyva on January 16, 1811, DDACC, vol. 2, 432–34. The ‘‘Castilianness’’ of SpanishAmerica was studied by Manzano Manzano, La incorporación and in his ‘‘La adquisi-ción’’; Pietschmann, ‘‘La resistencia’’; Levene, Las Indias; and Pagden, Lords of All theWorld, 126–36.

59. Answer of Fernando Andrés Benito, relator de crímen in the royal court of Granadato the consulta al país, dated November 23, 1809, reproduced in Artola, Los orígenes dela España, vol. 2, 416–34, in 432. The original reads: ‘‘Su fidelidad, su entusiasmo, sureligión, su confraternidad, su unión íntima con la metropoli son otros tantos títulos quelos hacen acreedores a tan justa consideración. Son ciudadanos de una misma nación,llenan todos los deberes de vasallos, contribuyen eficazmente con sus bienes y personas aconservar 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 contribuído y obedecido cuanto se les ha mandado. Tenemos allá y ellosaquí una larga serie de ascendencia y descendencia, idioma, interés y religión igual . . .señor: que son hermanos nuestros, españoles de 300 años.’’

61. Argüelles literally said on January 23, 1811, DDACC, vol. 3, 66 that ‘‘la poblaciónde España europea no ofrece estos inconvenientes, porque toda ella es homogénea. Nohay aquí rivalidades, esas diferencias de castas de donde dimana el espíritu funesto departido.’’ Other delegates such as Guridi y Alcocer resented this implication and arguedthat Spain was just as diversified 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, 8–19, quotation on p. 19.


The resolution voted upon on October 14, 1810, stated: ‘‘las cortes generales y extraor-dinarias confirman y sanccionan el inconcluso concepto de que los dominios españoles enambos hemisferios forman una misma y sola monarquía, una misma y sola nación y unasola familia y que por lo mismo los naturales que sean originarios de dichos dominioseuropeos y ultramarinos, son iguales en derechos a los de esta península.’’

63. This consideration was openly mentioned, e.g., by Argüelles 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 (Muñoz Torrero) resented this theatrality and complained that Americans simplywanted to achieve a majority in the parliament: Castro y Rossi, Cortes de Cádiz, 178–79.

64. Guridi y Alcocer on January 9, 1811, DDACC, vol. 2, 318. The original reads: ‘‘losamericanos como hijos de los europeos, mamamos al nacer el amor a la península y desdela niñez nos llamamos y nos tenemos por hijos de ella. Suenan bien en nuestros oídos susnombres y hasta los de sus villas y lugares y no solo somos españoles, sino que nosgloriamos de serlo. . . . [Los americanos] se quejan, no de las leyes, no de la nación, no delos monarcas cuyo paternal amor han experimentado. Se quejan de su desgraciada situa-ción, de que separados de la península en tan grande distancia se forman ideas erradas detodas las cosas, no se conoce a los sujetos de mérito y aun cuando son conocidos, quedanpostergados por no estar cerca de la fuente.’’ According to Quintana (a peninsular dele-gate), ‘‘we give them [Spanish Americans] nothing which isn’t already theirs by recogniz-ing that they are equal to us’’ (nada que no sea suyo les damos con igualarles en todo anosotros): his intervention on January 1, 1811, DDACC, vol. 1, 363.

65. Solórzano Pereira, Política Indiana, book 2, chap. 1; Llaguno, La personalidadjurídica; and García Gallo, ‘‘La condición.’’

66. Alamos de Barrientos, Discurso político, 14.67. Mörner, ‘‘La política,’’ in La Corona española, and ‘‘Ethnicity’’; Lutz, Santiago de

Guatemala; and Solórzano Pereira, Política Indiana, book 2, chap. 26, point 44; chap.30, points 18–57; and book 4, chap. 20. The permissibility of mixed marriages and theequal treatment of mestizos, as long as of legitimate birth, were guaranteed by a series ofroyal decrees, e.g., those dated October 19, 1514; March 19, 1525; February 27, 1549;June 1, 1549; and November 1, 1591, reproduced in Konetzke, Colección de docu-mentos, vol. 1, 61–63, 77, 256, 259, and 617–19.

68. Solórzano Pereira, Política Indiana, book 2, chaps. 28–29; Bayle, El protector deindios; Borah, Justice by Insurance; and MacLeod, ‘‘La situación.’’ The hope that Indianswould ‘‘grow’’ was expressed in Solórzano Pereira, Política Indiana, book 2, chaps. 25–26, and Mörner, ‘‘La difusión.’’ 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 sohappen that in the course of time, that with their indoctrination and association withChristians, 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 kindof life that the said Christians lead there, we declare and command and say that it is ourwill that those Indians who thus become competent to live by themselves and governthemselves, under the direction and control of our said judges . . . shall be allowed to live


by themselves and shall be obliged to serve [only] in those things in which our vassals inSpain are accustomed to serve, so that they may serve and pay the tribute which they [ourvassals] are accustomed to pay to their princes.’’ In this quotation, I used the translationincluded in Gibson, Spanish Tradition, 81.

69. Solórzano Pereira, Política Indiana, book 2, chap. 29, points 25–34.70. Cédulas of December 19, 1696; March 26, 1697; November 27, 1703; February

21, 1725; and September 11, 1766, in Konetzke, Colección de documentos, vol. 3/1, 64–69, 93–94, 186, and 333–34. See also Muro Orejón, Cedulario Americano, vol. 1, 602–5. The struggle to reaffirm Indian eligibility to office was studied by Muro Orejón, ‘‘Laigualdad,’’ 268–69 and 367–75, and Olaechea Cabayen, ‘‘Política’’ and in his ‘‘La ciuda-danía.’’ A similar decision was reached by the Supreme Council of the Inquisition aroundthe same time: Martínez, ‘‘Religion.’’ I would like to thank María Elena for allowing meto cite her paper.

71. Feliú on January 30, 1811, DDACC, vol. 3, 163–68.72. Guridi y Alcocer on January 25, 1811, DDACC, vol. 3, 92, and Castillo on August

21, 1811, DDACC, vol. 7, 461–62.73. Castillo on August 21, 1811, DDACC, vol. 7, 461–62. The original reads: ‘‘nada

encuentro nuevo en este decreto porque nuestros leyes de Indias los consideran iguales entodo con los españoles y les abren la puerta a los empleos y a los honores.’’

74. Morales Duárez on January 11, 1811, DDACC, vol. 2, 370–72.75. Pérez de Castro and Feliú, both in the session of January 30, 1811, DDACC, vol. 3,

159 and 161–62. According to the first, ‘‘me hace fuerza que los indios, generalmentehablando, ignoran el castellano . . . y si eso no pudiera ser un óbice, no sé que diríamos delpueblo vascongado, que en general, hablando de las clases bajas, no sabe más que vas-cuence que ciertamente no es más inteligible que las lenguas de los indios.’’ According tothe second, ‘‘y no puedo dejar de decir de paso, que son igualmente si no más hetero-géneos un gallego y un andaluz que un español y un indio.’’ Guridi y Alcocer also men-tioned the heterogeneity of peninsular Spain, where there were—according to him—alsoGypsies 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, 75–76.78. Article 25(2) spoke about ‘‘el estado de deudor quebrado o de duedor a los caudales

públicos,’’ article 25(3) mentioned ‘‘estado de sirviente doméstico,’’ and article 25(4)spoke about those who have no ‘‘oficio 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 aftermathsof these decrees: Guerra, ‘‘El Soberano,’’ 45.

80. Valiente on January 23, 1811, DDACC, vol. 3, 75–76.81. 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 toboth 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 Duárez on January 11 and February 7, 1811, DDACC, vol. 2, 367–68, and vol.3, 281, and Guridi y Alcocer on January 25, 1811, DDACC, vol. 3, 90–95. A decree


dated January 26, 1814, inserted in AM/Q, MMHCQ 001210, vol. 3, 8–9, stipulatedthat participating in the parliament were Spaniards but also ‘‘los domiciliados y avecin-dados en aquellos países [América y Asia] y así mismo los indios y los hijos de españoles yasí mismo los indios y de los hijos de españoles e indios.’’

82. Article 22, which dealt with Spaniards of African descent, stipulated: ‘‘A los es-pañoles que por cualquiera línea son habidos y reputados por originarios del Africa lesqueda abierta la puerta de la virtud y el merecimiento para ser ciudadano. En su conse-cuencia, las cortes concederán carta de ciudadano a los que hicieren servicios calificados ala patria, o a los que se distinguen por su talento, aplicación y conducta, con la condiciónde que sean hijos de legítimo matrimonio, de padres ingenuos, de que estén casados conmujer ingenua, y avecindados en los dominios de las Españas, y de que ejerzan algunaprofesión, oficio o industria útil con un capital propio.’’

83. Parry, Age of Reconnaissance, 317; Bernand, ‘‘Negros, esclavos y libres,’’ 9–10 and50–51. Martínez, ‘‘Space,’’ also clarifies the different treatment given to individuals ofAfrican descent.

84. Letter of November 28, 1796, reproduced in Blanco, Documentos para la historiade la vida, vol. 1, 267–75. In the citation, I used the translation of Lynch, Latin AmericanRevolutions, 181–87. The originals read: ‘‘y ha de creerse que la intención de V. M. esentregar la confianza y dejar la seguridad de los derechos a unos hombres que lejos demirar hacia España como al centro de su felicidad han de fijar su vista en los oscuroshabitantes del Africa, de donde proceden para protegerlos y sublevarlos contra los es-pañoles de quienes dicen que han recibido mil agravios? Podrán acaso ser más fieles losblancos nuevos que los viejos? Por ventura procurarán el bien de España aquellos deorígen africano que éstos de orígen español?’’ and ‘‘Luego los mulatos gozen en estaprovincia de los beneficios de la sociedad, sin contribuir un maravedí para sus rentas yfondos, establecimientos públicos y píos: y si se procura saber de qué depende esto, siendoellos dos veces más que los blancos, se hallará que el orígen es el no uso de las leyes quearreglan la conducta de los mulatos, previenen los remedios para lo futuro y los hacencontribuyentes, mandándoles que tributen una moderada pensión a favor del real fisco, locual no ha tenido efecto, o porque lo han ignorado los que debieran ejecutarlas, o por elpoco interés 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, ‘‘thanksfor rescuing me’’: Santos, El régimen, and Langue, ‘‘El indiano.’’

85. The term ‘‘foreigner’’ (extranjero and casta extranjera) was used by Morales Du-árez on February 7, 1811, DDACC, vol. 3, 282; Fernández de Leyva on September 3,1811, DDACC, vol. 8, 134; and Guridi y Alcocer on September 4, 1811, DDACC, vol. 8,150–51.

86. Aner on September 5, 1811, DDACC, vol. 8, 181–84.87. Morales Duárez on February 7, 1811, DDACC, vol. 3, 281–82. The original reads:

‘‘Su voluntad [del rey] era mantener siempre a esta casta extranjera procedente de variospuntos 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 dedispensar el impedimento que tenían para todo orden sacro, incapacitada en fin para unanaturalización legal o el logro de título de ciudadano. En este plan nuestros reyes hanusado aquella facultad de toda nación para fijar a los extranjeros introducidos en su seno


las restricciones y trabas que entiendan conducentes a su mejor orden y seguridad.’’ Thesequestions were also discussed by Cisneros on September 6, 1811, DDACC, vol. 8, 200–204 and Calatrava on September 10, 1811, DDACC, vol. 3, 241–43.

88. Espiga on January 9, 1811, DDACC, vol. 2, 327–28.80. Borrull on August 31, 1811, DDACC, vol. 8, 101–2.90. 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, 239–40.92. Espiga on September 7, 1811, DDACC, vol. 8, 219–20. The Gypsies were also

invoked by Señor el Inca during the same debate, 222, and by Fernández de Leyva on theprevious day, DDACC, vol. 8, 195.

93. Uría and Fernández de Leyva on September 4 and 6, 1811, respectively, DDACC,vol. 8, 148–50 and 195–96. Guridi y Alcocer on January 25, 1811, DDACC, vol. 3, 91,was willing to distinguish between Africans who were worthy of citizenship and thosewho were not.

94. Castillo on October 9, 1811, DSCGE, 1810. The original reads: ‘‘porque España,como otros países 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: intheir origin, he said, the English are Saxons and the Spaniards are Goths, and we are allsons of Noah and Adam: DDACC, vol. 8, 151. The original reads: ‘‘Si hubiéramos deatender a éste y remontarnos en su inquisición, a los ingleses los llamaríamos saxones, alos españoles diríamos godos . . . y a todos los hombres los tendríamos por naturales de lapatria de Noa sino es que también subíamos hasta Adán.’’

95. Guridi y Alcocer and Castillo on September 4 and 10, 1811, DDACC, vol. 8, 152–53 and 238–39.

96. Guridi y Alcocer on August 31, 1811, DDACC, vol. 8, 102. The original reads: ‘‘esmuy justo que ella [la nación] le dé una patria adoptiva en su nacimiento civil, cuando lodespojó de la natural.’’

97. Uría and Gordoa, on September 4, 1811, DDACC, vol. 8, 148 and 159–60; Feliúon 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 bepreferred to Africans: whereas Africans were totally different than Spaniards, Europeanforeigners were of the same education, customs, and religion as Spaniards and couldeasily integrate into Spain: Aner on September 5, 1811, DDACC, vol. 8, 184, and Creuson 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, 231–46, where some of the delegates, e.g., Ramos Arispe, Mendiola, andOstolarza, also expressed their fear of the contrary situation: the practical consequencesof relaying on reputation.

100. Dou on September 5, 1811, DDACC, vol. 8, 173; Espiga and García Herrero onSeptember 7, 1811, DDACC, vol. 8, 215–20 and 223–25; Creus on September 10, 1811,DDACC, vol. 8, 233–34. Lisperguer also mentioned these prejudices in his interventionof September 15, 1811, DDACC, vol. 8, 329.


Chapter 8. Was Spain Exceptional?

1. Rucqoi, ‘‘Genèse,’’ 25–31; Varela, La novela de España; and Brinkmann, ‘‘LaEspaña.’’

2. Sánchez Albornoz, España, un enigma histórico, and Castro, Structure of SpanishHistory, 3–11 and 642–57.

3. Ortega y Gasset, Invertebrate Spain, 58–87.4. Hillgarth, ‘‘Spanish Historiography,’’ 38–39.5. Bennassar, Spanish Character; Kagan, ‘‘Prescott’s,’’ 426 and 430–32; and Hill-

garth, Mirror of Spain, 528–44.6. Juderías y Loyot, La leyenda negra; Maltby, Black Legend in England; Ragussis,

‘‘Birth’’; and García Cárcel, La leyenda negra.7. Nuix, Reflexiones imparciales; Keen, ‘‘Black Legend’’ and ‘‘White Legend’’; Hanke,

‘‘Modest’’; Halizcer, ‘‘Inquisition’’; and Gibson, Black Legend.8. Debates about Spanish exceptionalism were especially important in the aftermaths

of the 1898 war, in which Spain lost Cuba, Puerto Rico, and the Philippines, its lastAmerican colonies: Ramsden, 1898 Movement; Blinkhorn, ‘‘Spain’’; and Pan-Montojo,Más se perdió en Cuba.

9. Diffie, ‘‘Ideology,’’ and Pike, Hispanismo 1898–1936.10. Ringrose, Spain, Europe, and the ‘‘Spanish Miracle’’; Fusi and Palafox, España,

1808–1996; Burdiel ‘‘Myth’’; Fusi, España: La evolución de la identidad nacional; andDiz, Idea.

11. Opinion of Luis Verdugo, official in charge of citizenship-related matters in the citycouncil of Madrid, dated February 10, 1702, in AVM, secretaría 2–348–23. The origi-nal reads: ‘‘conforme a la libertad que conforme a derecho natural tenemos, cada unopuede renunciar la vecindad que tuviese en un lugar y vivir y avecindarse en otro el queeligiese . . . y para admitirsele por vecino no necesita de otra circunstancia más que laexpresión de su voluntad’’: see chapter 2.

12. ‘‘Noticias de las diligencias hechas entre el consulado y los hijos de extranjeros engrave dependencia que se subscitó en el año 1719 y se feneció en el de 1728,’’ in AGI,consulados 892A. This discussion is studied in length in chapter 5.

13. Fernández Navarrete, Conservación de monarquías, 123–25. Similar affirmationsare included in Solórzano Pereira, Política Indiana, chap. 9, points 57–68, 152–55; VeitiaLinaje, Norte de la contratación, 327; and Gutiérrez de Rubalcava, Tratado histórico,75–76. See also ‘‘Razón que puede ofrecer sobre concesiones de naturaleza de estosreinos,’’ an anonymous pamphlet, probably dated in the 1710s in AGS, GJ 873.

14. Gutiérrez de Rubalcava, Tratado histórico, in ‘‘advertencia’’ and in 121, and An-tunes y Acevedo, Memorias históricas, 267.

15. Opinion of Joseph de Ledesma (1657), reproduced in AVM, secretaría 2–350–14,3.

16. Jara, Derecho natural, 42. See also Madden, Political Theory.17. Bellomo, The Common Legal Past, xii–xiii; Barrientos García, El tratado ‘‘De

justitia et jure,’’ 118–40; and Marín y Mendoza, Historia del derecho natural, 16–32 and60–61.

18. Hamilton, Political Thought, 52.


19. Vitoria, Derecho natural y de gentes, 113–40, and Hamilton, Political Thought,43–58.

20. Costa, Gobierno del ciudadano; Sánchez Arévalo, Summa de la política; SolórzanoPereira, Política Indiana, book 2, chap. 24, points 1–10; Alvarez, Instituciones de de-recho real, 46–50; Maravall, La teoría española del estado; Rommen, La teoría delestado; Brufau Prats, El pensamiento político; Noroña, Studies in Spanish RenaissanceThought; Fernández Albaladejo, Fragmentos de monarquía, 76–84; and Fernández San-tamaría, La formación de la sociedad.

21. Herzog, ‘‘Sobre.’’ The relation between law and justice is also described in Mar-avall, ‘‘Del Régimen,’’ 120–21.

22. Herzog, ‘‘Letrado’’ and in La administración, 40–45.23. The persistence of these views in eighteenth-century Spain was also mentioned by

Portillo Valdés, Revolución de nación, 78–146. Portillo Valdés insists on the importanceof 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 città’’ and in L’Europa delle città; Pauffin, Essai sur l’organisation,

92–94; Benedict, ‘‘French,’’ 19–20; Viollet, ‘‘Les communes’’; Petit-Dutaillis, Les com-munes françaises; Vermeesch, Essai sur les origines, 79–183; and Dini, Città e corpo-razioni, 148–51.

26. Dietrich, ‘‘City,’’ 65–68; Friedrichs, Early Modern City, 48–51 and 143–44; Dil-cher, Brady, Blockmans, Van Niereop, Issacs, and Musi, ‘‘Urban’’; Blum, ‘‘Internal’’ andin ‘‘European’’; Manning, ‘‘Rural’’; Follain, ‘‘Les communautés,’’ 35–38; and Clark,Small Towns.

27. Costa, ‘‘A propósito,’’ and in Civitas.28. Bellomo, Common Legal Past; Robinson, Fergus, and Gordon, European Legal

History, 42–123; and Lewis and Ibbetson, Roman Law Tradition, 1–14.29. Bizzarri, ‘‘Ricerche’’; Riesenberg, Citizenship in Western Tradition, 118–86; Kirsh-

ner, ‘‘Civitas’’ and in ‘‘Between’’; Canning, ‘‘Fourteenth’’; Ullmann, ‘‘Personality’’; andQuaglioni, ‘‘The Legal.’’ These issues are described in greater length in chapter 2.

30. Capasso, Catalogo ragionato, parte 2, 75–84; Ventura, ‘‘La ambiguità’’ and in‘‘Mercato’’; and Peytavin, ‘‘Aduanas.’’

31. Casini, ‘‘La cittadinanza’’; Zannini, Burocrazia e burocrati; Molà and Mueller,‘‘Essere’’; Mueller, ‘‘Veneti’’; Bellavitis, ‘‘Per cittadini’’; and Trivellato, ‘‘Intorno.’’

32. Guidi, Il governo, vol. 1, 113–25.33. Martelli, ‘‘Cittadini.’’34. Mori, ‘‘Tot reges.’’35. Cerutti, ‘‘Giustizia.’’36. Tedoldi, ‘‘Servizio,’’ 84–89.37. Belfanti, Mestieri e Forastieri, 21–24.38. Waley, Italian City Republics, 64–67.39. Dilonardo Buccolini, ‘‘Note.’’40. Riesenberg, ‘‘Citizenship and Law,’’ and the essays included in Rossetti, Dentro

della città.41. Quaglioni, ‘‘Legal.’’


42. Bizzarri, ‘‘Ricerche,’’ 72–75; 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, 76–78; Bellomo, Società e istituzioni, 111–

15; Peytavin, ‘‘Españoles’’ and in ‘‘Aduanas’’; and Ventura, ‘‘Privilegi,’’ and in ‘‘Mer-cato,’’ 279–83. Chittolini, ‘‘Poteri’’ also argues that the introduction of a princelyauthority in the fifteenth and sixteenth centuries led to important transformations inItalian regional states, which reorganized the relation between the capital city and otherenclaves.

45. Villari, Per il re.46. Kahil, ‘‘Apprenticeship’’; Kellett, ‘‘Breakdown’’; Veale, ‘‘Craftsmen’’; Barron,

‘‘Government’’; Pearl, ‘‘Social’’; and Rappaport, Worlds within Worlds. In the earlierperiod, citizenship in English corporate municipalities was called ‘‘burgesship’’ (in bor-oughs) or ‘‘citizenship’’ (in cities): Stephenson, Borough and Town, 136–37 and 143–44,and Tait, Medieval English Borough, 194–220.

47. Rappaport, Worlds within Worlds, 76–77.48. Kramer, English Craft Guilds, 139–44 and 197–98; Clark and Slack, ‘‘Introduc-

tion,’’ 24 and 37–38; Dyer, City of Worcester, 181–82; Dobson, ‘‘Admissions’’; Palliser,‘‘Crisis,’’ 116–17; Found, ‘‘Validity’’; Rappaport, Worlds within Worlds, 29–31: 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 significati.’’51. Merewether and Stephens, History of the Boroughs, vol. 1, 103, and vol. 3, 1746–

47 and 1968.52. Ibid., vol. 1, 102–8.53. Ibid., vol. 3, 1487.54. Ibid., vol. 1, 536–41, and vol. 3, 1487.55. Scouloudi, ‘‘Alien’’; Lloyd, Alien Merchants; Thrupp, ‘‘Aliens’’; and Kim, Aliens in

Medieval Law, 23–59. The situation in Colchester might have been different: Goose,‘‘The Dutchy,’’ 92–94.

56. Barron, ‘‘Government,’’ and Rappaport, Worlds within Worlds, 45–47, 54–55,and 57–60.

57. Statt, ‘‘City,’’ 58.58. Other restrictions on foreigners included the inability to obtain freedom, hold

office, address the royal courts, and even trade with the North American colonies: Kim,Aliens in Medieval Law, 60–88. Trading rights as an incentive to naturalization wasmentioned in Schulte Beerbühl, ‘‘Naturalization,’’ 511–12.

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, 68–76;Parry, British Nationality Law; Robbins, ‘‘Note’’; Kettner, The Development of Ameri-can Citizenship; Resnik, ‘‘John Locke’’; Statt, ‘‘Birthright,’’ in ‘‘City,’’ and in Foreignersand Englishmen; Clark, Language of Liberty, 46–54 and 93–110; Price, ‘‘Natural’’; andBaseler, Asylum for Mankind.


61. Campbell, ‘‘From’’; Russel, ‘‘Gran Bretaña’’; and Brockliss and Eastwood, Unionof Multiple Identities.

62. Sales, ‘‘Naturalizações,’’ 46.63. Morris, Studies in the History, 11–15 and 62–68; Beloff, ‘‘British’’; Greene, Periph-

eries and Center; Kettner, Development of American Citizenship; and Baseler, Asylumfor Mankind.

64. Start, ‘‘Naturalization’’; Hoyt, ‘‘Naturalization’’; Miller, ‘‘Legal’’; and Kettner, De-velopment of American Citizenship, 83 and 86–89.

65. Resnik, ‘‘John Locke,’’ 374–81. Statt, ‘‘The Birthright’’; O’Reilly, ‘‘NaturalizationAct,’’ 493–94.

66. Stitt Robinson, ‘‘Legal’’; Merrell, ‘‘Custom’’; Berman, ‘‘Perspectives’’; and Berkey,‘‘United States.’’

67. Lien, ‘‘Acquisition’’; Smith, ‘‘History’’; Berman, ‘‘Concept’’; Frickey, ‘‘Marshall-ing’’; Harring, Crow Dog’s Case; and Smith, Civic Ideals, 59–67.

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 l’ancien régime, 18–26; Perrin, ‘‘Le droit’’ and in ‘‘La bour-

geoisie’’; Petit-Dutaillis, Les communes françaises; Vovelle, Ville et campagne, 137–43:Chevalier, Les bonnes villes de France, 66–67; Peronnet, ‘‘Bourgeois’’; Small, ‘‘Royal’’;and Rigaudiere, ‘‘Universitas.’’

71. Gascon, Grand commerce, 365–66 and Dubost, ‘‘Les Italiens,’’ 92–93.72. Vidier, ‘‘Les origines’’; Corcia, ‘‘Bourg’’; Descimon, ‘‘Paris,’’ in ‘‘Bourgeois,’’ in

‘‘Milice,’’ in ‘‘Le corps,’’ and in ‘‘Corpo cittadino.’’73. Corcia, ‘‘Bourg,’’ 224.74. Billot, ‘‘L’assimilation.’’75. Foreigners were restricted in office 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, 1332–79, and Emmanuelli, Etat et pouvoir, 102–3

76. Vanel, Histoire de la nationalité française; Hildesheimer, ‘‘Aubains’’; Nicolet, ‘‘Cit-oyenneté’’; Benoehr, ‘‘Le citoyen’’; Billot, ‘‘Les italiens’’; Bayard, ‘‘Naturalization’’; Du-bost, Significations de la lettre de naturalité, in Les étrangers en France, and in La FranceItalienne; Lequin, Histoire des étrangers; Lefebvre-Teillard, ‘‘Ius sanguinis’’; Sahlins,‘‘Fictions,’’ and ‘‘La nationalité’’; Brubaker, Citizenship and Nationhood; Wells, Law andCitizenship; Bossenga, ‘‘Rights’’; Bonner, ‘‘French’’; Dubost and Sahlins, Et si on faisaitpayer les étrangers.

77. The degree by which the boundaries of this territory were unclear is explored inNordman, Frontières de France.

78. Gascon, Gran commerce, 366–67.79. Vanel, Histoire de la nationalité française, 93–94; Dubost, Significations de la lettre

de naturalité, 31–33; Sahlins, ‘‘Fictions’’ and in ‘‘La nationalité,’’ 1086 and 1103; andMerrick, ‘‘Conscience.’’

80. Labourdette, La nation française à Lisbonne, 27–35.81. Sales, ‘‘Naturalizações,’’ 45.


82. Dubost, Significations de la lettre de naturalité, 23–25, and Dubost and Sahlins, Etsi on faisait payer les étrangers.

Chapter 9

1. ‘‘Noticias del Guiñol,’’ Canal Plus, February 7, 2001.2. ‘‘Contamíname,’’ words and music by Pedro M. Guerra and interpreted by Ana

Belén and Víctor Manuel in 1994. The original reads: ‘‘Contamíname pero no con elhumo que asfixia el aire. Ven pero sí con tus ojos y con tus bailes. Ven pero no con la rabiay los malos sueños. Ven pero sí con los labios que anuncian besos. . . . Contamíname,mézclate conmigo que bajo mi rama tendrás abrigo.’’

271

Glossary

Alcalde ordinario—Local annually elected nonjurist judge.Audiencia—Royal court acting mainly as an appeal court and as a corporate governing body.Behetría—A community that could freely elect its lord.Behetría cerrada—When the election of the lord could fall only in a certain lineage or on a

native born. By the eighteenth century, it also designated communities that could bar peopleof certain estates from citizenship.

Cámara—A standing committee, usually the title given to the advisory body of the differentcouncils in the court. The cámara de Castile included some of the members of the Council ofCastile, the cámara of the Indies had members from the Council of the Indies, and so forth.

Castile—The crown of Castile, including different kingdoms and provinces.Cities with a vote in parliament—Cities granted the privilege of being called to parliament and

having the right to vote, as representatives of themselves and of the kingdom as a whole.Such cities existed in each of the Iberian kingdoms.

Composición—A license to remain in Spanish America issued by the local authorities to illegalaliens residing in the jurisdiction.

Corregidor—A district governor and a judge.Cortes—The parliaments of the different Spanish kingdoms: the cortes of Castile, of Aragon,

and so on.Council of Castile (consejo de Castilla)—A council charged with overseeing the administra-

tion of the crown of Castile; it also acted as a court of appeal.Council of State (consejo de estado)—A council charged with foreign and state affairs. Among

other things, it was responsible for the administration of foreigners in Spain.

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.

Dispensa—A legal instrument that exempted people from certain requirements and enabledthem to carry out a certain activity. Dispensas could allow minors to act as if they were ofage, allow illegitimate children to inherit as if they were legitimate, and so forth.

Domicile—A legal residence. According to Spanish law, it required the intention to remain inthe community permanently.

Encomienda—A Spanish institution that subjected a group of Indians to a Spaniard (calledencomendero), 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.

Forastero—A foreigner. In Castile this term designated people who were foreign to the localcommunity. In Spanish America it designated nontribute-paying Indians who no longerbelonged to or resided in their community of origin.

Fuero de Extranjería—The rights and obligations inherent to the status of foreignness inSpain.

Genízaros—Sons of foreigners born in Spain.Gracias al sacar—Another name for dispensas.Hidalgo—A member of the minor nobility, gentry.House of Trade (Casa de Contratación)—The royal court charged with directing and control-

ling communication and trade between Spain and Spanish America, located first in Sevilleand then in Cádiz.

Ius commune—A European legal science originating in the twelfth century that combinedRoman, cannon, and feudal law and adapted them to contemporary circumstances.

Junta de Extranjeros—A dependency of the Council of State, established in 1714, abolished in1717, and reestablished in 1721. In 1748 it became part of the Junta de Comercio and fromthen on it was called Junta de comercio y de extranjeros. The junta was charged withoverseeing the treatment of foreigners in Spain.

Local Community—An 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 kingdomsof Spain to immigrate and trade in Spanish America, only certified ports to maintain com-munication between these territories, and only Spanish ships manned by Spaniards to travelbetween them.

Naturaleza—The status of native (natural ), a member of the community of the kingdom.Naturalization by integration or prescription (naturaleza por vía de prescripción)—Natural-

ization automatically obtained by foreigners by virtue of integration in a local communityor in the community of the kingdom.

Open house (casa abierta)—A house where one lives with his family most of the year.Pechero—A tax-paying folk.Presumptions—A legal regime linking behavior to a state of mind and allowing people to

prove their intentions by acting in certain ways.Público y notorio—Evidence, 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 tobelong to certain corporations.

Recopilación de Indias—The main recompilation of Spanish American law, dated 1680.Regalía—A faculty dependent only on the monarch and which he could dispose of at his free

will.Representative of royal interests (fiscal )—An official existing in most Spanish councils and

courts, charged with representing royal interests.Reserve of offices (reserva de oficio)—Translated here as monopoly on office holding. A

medieval rule shared by all peninsular kingdoms that restricted the use of public offices andecclesiastical benefices to natives of the jurisdiction.

Siete Partidas—A thirteenth-century Castilian code, also implemented during the early mod-ern period.

Vecindad de indios—Citizenship dependent on an encomendero status. People whose citizen-ship was acquired in this way were called vecinos encomenderos.

Vecino—Member of a local community, a citizen.

275

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Index

Africans: in English North America,187–88. See also Spaniards of Africandescent

Aubain, 191–92. See also Droit d’aubain

Baldus of Perugia, 24Bartolus of Sassoferrato, 24Behetrías cerradas, 27, 40Bourgeois, 166, 188–91

Caballeros diputados de vecindades, 21Casa de Contratación. See House of

TradeCastellanos viejos. See GypsiesCatholics, foreign, 26–27, 101, 120–24,

138Chuetas, 120, 124–28Cities with voting rights, 78, 96Citizenship: changes over time, 18–20,

55–57; definitions of, 6–9, 14, 41–42,44, 70, 110, 205–06; in Brescia, 174–75; in Buenos Aires, 49–50, 55, 57, 58,

115–16; in Caracas, 45–48, 55, 57–58; in Castile, 24–42, 60–62, 173,175–76, 180–81; in England, 15–16,166, 171, 178–88, 197–200; in Flor-ence, 174, 176; in France, 15–16, 166,171, 188–96, 197–200; in Italy, 15–16, 166, 171–77, 197–200; in Lima,50–52, 112–13, 115; in London, 178–79; in Madrid, 35–36; in Mantova,175; in Naples, 172–73, 177; in NorthAmerica, 179, 197; in Paris, 189–91;in Pescia, 174; in Quito, 53, 57; inRome,174; in Seville, 20–23, 30–31,41; in Spain, 61; in Spanish America,43–63; inTorino, 174; in Venice, 173–74, 176

Citizenship and naturalization. See Natu-ralization and citizenship

Composición, 95, 111, 117, 186Constitution of Cádiz, 142, 143, 145, 153Constructed communities, 1, 2, 10, 68,

144

324 Index

Consulado. See Merchant guildConverso Jews, 120, 124–28Cortes of Cádiz, 152Cortes, 69Creolism, 143–52, 163Cryptojews, 125, 126

Denization, 183–84Descent, 27–28, 69–70, 75, 107–10,

114, 161, 173. See also Chuetas; Iussanguinis; Mestizos

Documentary sources, limits of, 5, 7, 13,19–20, 23, 67, 95, 167–68

Droit d’aubain, 191–92, 194, 195

Ecclesiastical benefices, 64, 69, 81–82,104, 146

Expulsion campaigns, 97, 111–16

Forastero Indians, 61Foreigners, 64–66, 70–73, 82–91, 147–

50, 155, 167; in Spanish America, 45,50, 54, 57, 60, 95, 105, 111–16. Seealso Catholics, foreign; Vassals, foreign

Freeman, English 178–81Fuero de extranjería, 83, 88

Genizaros, 106, 108Gypsies, 12, 120, 128–33, 161

House of Trade, 22, 96, 103, 106, 108,116

Immigrants, bad vs. good, 1, 2, 12–13,100, 201–03

Implicit categorizations, 10, 25, 42, 47,55, 73, 121, 167–68. See also Docu-mentary sources, limits of

Indians: in English North America, 186–87; in Spanish America, 15, 44–45, 48,51–54, 60–62, 145, 156–58, 188

Inquisition, 127Ius commune, 18, 24–25, 36–37, 172,

194, 196

Ius sanguinis, 4, 11Ius soli, 4, 11

Judaizantes. See CryptojewsJuntas, 141–43, 151, 155Junta de extranjeros, 83, 84, 90

Letters of citizenship, 4–5, 98, 132, 153,191

Letters of naturalization, 4–5, 14, 65–67, 78–80, 104, 134, 136, 205; inFrance, 191, 196; in Spanish America,99–100, 124, 139

Limpieza de sangre, 28, 125, 162Love: discourses of, 9, 71–74, 93, 118,

139, 145, 153–54, 163, 198; docu-mentary evidence, 100, 109, 149, 151;of Indians and Africans, 158, 160

Majorca, 81–82, 124–28, 200Merchant guild, 96, 99, 103–12, 115,

116Merchants, 21, 82–83, 91, 95–99, 101,

106–07, 111–12, 116–17, 185, 190–91

Merchants and naturalization, 82–83, 91Mestizos, 44, 48, 53–54, 60, 157–59Minorca, 127, 138Minors, 25–26, 80Monopoly on office holding, 64, 68–77,

79, 90, 96, 147, 150

Nationalism, 2, 11, 63, 65, 95, 144, 201–03

Nativeness, 6–9, 66, 75, 95, 110, 133–34, 167, 205–06; in Aragon, 9, 65, 77,81; in Buenos Aires, 57, 148; in Car-acas, 57–59; in Castile, 8–9, 64–65,69, 77–91, 96, 100, 137, 152, 180–82;in England, 186; in France, 90, 166,191–92, 194–95; in Lower Navarre,106, 137; in Naples, 177; in Quito,56–57; in Spain, 8–9, 65–67, 81, 91,95–97, 106, 134–36, 152–53, 156,

Index 325

184, 194–96; in Spanish America, 180,186. See also Naturalization

Natural communities, 2, 10Natural law, 11, 25, 77, 90, 144–45,

149–50, 166–69, 199Naturaleza. See Nativeness Naturalization and citizenship, 9, 55–57,

74, 84, 92, 97, 101, 148, 153–54Naturalization: in England, 183–84; in

English North America, 185–86; inFrance, 191–92, 194–96

Naturalization: as royal prerogative, 11,65–68, 76–82, 90–91, 93, 96, 98,100–01, 103–04, 134, 136, 204–05;in England, 183–94; in France, 191–92, 194–96

Nobles, 27, 34, 40Nueva planta decrees, 200

Patriotism, 2, 11Permanent residents, 57Presumption regime, 24, 29, 41–42, 47–

48, 72, 75, 89, 92, 167; in SpanishAmerica, 95, 98, 101, 107, 116,

Regency, 141–42Régnicole, 192 Religion, 9, 26–27, 84, 101, 119–28,

145–46, 155, 193

Roman law. See Ius communeRoyal servants, 37–38, 69, 75, 77–78,

155

Salaried professionals, 38–40Slaves. See Spaniards of African descentSpain, concept of, 8–10, 15, 65, 67–68,

144, 149–50, 164–66, 205–06Spaniards of African descent, 13, 44, 48,

53–54, 145, 159–62, 188Spanish monopoly in the Americas, 22Subjecthood: in England, 182–83; in En-

glish North America, 184–89; inFrance, 188–89, 191, 193–95

Transients, 57, 83, 85–86, 99, 101, 144,147, 163, 167. See also Gypsies

Vassalage, 10, 15, 19, 67–69, 87, 91,124, 156–57

Vassals, foreign, 11, 68, 76–82, 120–21,133–39, 159–60

Vecindad. See CitizenshipVile occupation, 28, 173

War of independence: American, 187;Spanish, 144; Spanish America, 143,151

Women, 25–26

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