The extension of the authority of the counts of Barcelona.
At the time when Ramón Berenguer I (1035-1076) became count of Barcelona, Catalonia was a federation of counties, acknowledging the ruler of Barcelona as overlord. Possessed already of Barcelona and Gerona, Ramón Berenguer soon acquired two more counties, which had been left by his father to other sons. He extended his frontiers atthe expense of the Moslems, and laid the foundations of the later Catalonian power in southern France through marriage alliances with princes of that region. It was in his reign, too, that the Catalan code of theUsáticos, orUsatges(Usages, or Customs), was compiled, though at the instance of his powerful vassals, who wanted their privileges reduced to writing. By the end of his reign he had united five Catalonian counties and many other territories under his rule, including almost as much land in southern France as he possessed in Spain. No further progress was made until the reign of Ramón Berenguer III (1096-1131), who, through inheritance, without civil wars, acquired all of the Catalonian counties but two and a great part of southern France. He also waged wars against the Moslems, though perhaps the most notable thing about them was that the Pisans fought as his allies. Indeed, he established commercial and diplomatic relations with the various Italian republics,—a beginning of Spain’s fateful connection with Italy. Ramón Berenguer IV (1131-1162) inherited only the Spanish portions of his father’s domain, but extended his authority over Tortosa, Lérida, and other Moslem regions, being a notable warrior. In 1150 he married the daughter of the king of Aragon, and in 1164 his son by this marriage united Aragon and Catalonia under a single rule.
The beginnings of Aragon and the union with Catalonia.
The kingdom of Aragon dates from the will of Sancho the Great of Navarre in 1035. The new state was almost insignificantly small at the outset, but, by inheritances, wars with the Moslems, and the peaceful incorporation of Navarre in 1076, it already included a large portion of north central Spain by the close of the eleventh century. The era of great conquests began with Alfonso I “the Battler” (1104-1134), the same king whose marriage with Urraca of Castile had resulted so unfavorably. Better fortune awaited him on the Moslem frontier. In 1118 he captured Saragossa, an event as important in Aragon as was the acquisition of Toledo a few years before in Castile. He carriedhis campaigns as far south, even, as Murcia and Andalusia, but the principal result of these invasions was that he brought back ten thousand Mozárabes to settle his newly-won conquests. Having no sons he tried to leave his realm to two military orders, but this arrangement did not prove agreeable to his subjects. The nobles of Navarre elected a king of their own, withdrawing from the union with Aragon, while those of Aragon chose a brother of Alfonso, named Ramiro, who at the time of his election was a monk. The reign of Ramiro II “the Monk” (1134-1137) was exceptionally important for Spain, without any particular merit accruing therefor to the king. The pope freed him from his vows and he married. From this marriage there was born a daughter, Petronilla. Ramiro espoused her to Ramón Berenguer IV of Barcelona, and soon abdicated, returning to his monastery. Petronilla’s son, Ramón Berenguer, who presently changed his name to the Aragonese-sounding Alfonso, was the first to rule in his own right over Aragon and Catalonia in what came to be called the kingdom of Aragon, although Catalonia was always the more important part.
The act of vassalage to the pope and the French conquests in Aragonese dominions of southern France.
Alfonso II inherited Catalonia in 1162, and became king of Aragon proper in 1164 on the abdication of Petronilla. Later he inherited nearly all of southern France. He was also a frequent ally of Alfonso VIII of Castile against the Moslems, gaining some territories on his own account. In 1179 these two kings made a treaty dividing Spain between them, fixing the limits of their respective present and future conquests,—a noteworthy instance of the approach toward the unification of Spain. Alfonso II was succeeded by Pedro II “the Catholic” (1196-1213) at a time when affairs were in a critical state in his French dominions. That region had been in constant turmoil, as a result both of the ambitions of the kings of France and of the comparative independence and selfish aims of the feudal lords. There was now added a new factor,—the widespread Albigensian heresy, which had been accepted by the majority of the Provençal people and even more by their lords. With matters in this state Pedro visited Rome in 1204, and, whilethere, gave his dominions in vassalage to the pope, receiving them back as a fief. This act was to have important consequences at a later time, but if its immediate object was to check French pretensions to southern France, as has been supposed, it was not very successful, for the pope himself proclaimed a crusade against the Albigenses. The crusaders were French nobles, who represented a purely French invasion quite as much as they did an orthodox host. Under their leader, Simon de Montfort, they won several victories, displaying such cruelty against Catholics and heretics alike that they were censured by a famous religious at that time preaching among the Albigenses, Domingo de Guzmán. Guzmán was the Spaniard who later founded the Dominican order, named for him, and who became canonized as Saint Dominic (San Domingo). Pedro II endeavored to mediate to check the temporal designs of Montfort, but was persuaded by the pope to recognize the French leader as his vassal in the regions he had conquered. When Montfort continued in his aggressive designs Pedro II declared war against him, but was defeated in a battle which cost him his life.
Early years of the reign of Jaime “the Conqueror.”
The death of Pedro II brought to the throne the greatest Aragonese monarch of the period, Jaime I “the Conqueror” (1213-1276), a worthy contemporary of Ferdinand III of Castile. At the outset of his reign he was a mere child in the dangerous possession of Simon de Montfort. On this occasion the tremendous influence of the great pope, Innocent III, was beneficial to Spain, for Montfort was constrained to surrender the boy king to his people. Then followed the usual troubles which beset the early years of a youthful monarch in that period. There were wars brought about by ambitious nobles fighting for the possession of the king, wars of the nobles among themselves, and wars of the nobles against the king. Though only a boy, Jaime took a hand in the fighting, and was many times in danger,—twice he was captured by hostile nobles,—but thanks to his courage and coolness was always able to free himself from the perils which beset him. Not until 1228 was he in full command of the situation. Meanwhile, civil wars hadbeen taking place in southern France, resolving themselves finally into a struggle between the count of Toulouse, aided by the Catalans, and Simon de Montfort. In this war Montfort lost his life, and the French power in that region for the time being vanished.
The conquests of Jaime.
Backed by the sentiment of most of Catalonia, which desired territorial and commercial expansion in the Mediterranean, Jaime now planned a career of conquest. Many of the Aragonese and western Catalonian nobles declined to join him in this enterprise; so he had to find means as best he could without their aid. In 1229 he entered the island of Majorca, which for centuries had been successively a pirate and Moslem stronghold. Having achieved the conquest, which proved an easy matter, Jaime distributed the lands among his Catalan followers. In 1232 Minorca was subjected, and in 1235 Ibiza, too. Thus the Balearic Islands fell into Jaime’s power and received a Catalan civilization, which they still possess. The greatest prize, however, was the rich kingdom of Valencia. Although handicapped by the lukewarm support of his nobles Jaime proceeded to the conquest with such success that he won the aid of those who had previously failed to help him, and in 1238 the city of Valencia fell,—an event comparable with the capture of Seville by Ferdinand III. The rest of the kingdom was not long in falling into Jaime’s power, and the lands were distributed among his nobles, but the Moslems were so numerous that they were able to rise in rebellion on two occasions before the end of the reign. On achieving the conquest of Valencia, Jaime had agreed with the king of Castile that the southern boundary of that kingdom should be the limit of the Aragonese conquest, while Murcia, which became tributary to Ferdinand III in 1241, was reserved for the ultimate definitive conquest of Castile. The unquenchable military ardor of Jaime I would not allow him to rest on his laurels, however, and he engaged to conquer Murcia for the king of Castile. This he accomplished in the years 1265 and 1266, giving the lands to his Catalan nobles, who were subjected to the Castilian king, whereupon Jaime withdrew. These relations between thekings of Castile and Aragon not only instanced a somewhat rare good faith, but also marked a tendency which was gradually manifesting itself toward the ultimate unity of Spain. Next, the restless warrior-king planned to go on a crusade to Palestine, but his fleet was wrecked, and he gave up the project, although some Catalan boats did reach their destination. In 1273 Jaime wanted to conquer Granada for Castile, but this time he could not persuade his Catalan nobles to follow him. He did, however, send a fleet to attack the coast of Morocco.
Other characteristics of Jaime’s rule.
Jaime was not only a great conqueror; he was also a great administrator. Owing to the entry of feudalism into northeastern Spain his nobles had such power that even the able Jaime was obliged often to compromise or to yield to their wishes. He took steps to reduce their power, at the cost of civil war, and in many other respects bettered the administration of his kingdom. Though deeply religious he was far from being an ascetic, as is evidenced by the many illegitimate children descended from him, and although usually magnanimous in character he was capable of acts of ferocious cruelty,—such, for example, as that of ordering the tongue of the bishop of Gerona to be torn out for the latter’s having revealed to the pope a secret of the confession. In 1276 when the great king died he left a will which contradicted the policies of centralization and the aggrandizement of the kingdom which in his lifetime he had unfailingly pursued. He divided his realms, giving Aragon, Catalonia, and Valencia to his eldest son, Pedro, and Majorca and the Roussillon (southern France) to his son Jaime. The division was not to endure long, however.
Navarre passes under French rule.
There is little worth recording in the history of Navarre in this period. After the separation from Aragon in 1134 Navarre engaged periodically in civil strife and in wars with Aragon or Castile. When the throne became vacant in 1234 the French count of Champagne was elected king, and,with this, Navarre was, for many years, more involved in the history of France than in that of Spain. At length the heiress of Navarre married Philip IV of France, whereupon Navarre ceased to be a kingdom, becoming a mere dependency of the French monarch.
Absolutism in government.
THEprinciple of absolute monarchy continued to be followed in Moslem Spain, and was even accentuated, whether in the eras of thetaifas, or at times of a single dominion. Indeed, this was virtually the case while thetaifaswere still republics, although they soon converted themselves into confessed monarchies. In furtherance of absolutism an excess of court ceremonial was introduced, and the rulers rarely allowed their faces to be seen, holding audiences, for example, from behind a curtain. Thetaifakings amassed great wealth, and their palaces were overflowing with luxury.
Social factors in Moslem Spain.
The most important social change was the complete overthrow of the Arabic element, leaving the Berbers and Renegados in control. Arabic influence had already done its work, however, and the passing of the contemporary members of that race did not mean the uprooting of Arabic traits in Spain. Social well-being declined, owing to the various factors of war, the development of vast landed estates (at the expense of the small proprietor), and the increase in taxation. The Jews enjoyed great consideration for a while, exercising an important influence in material, intellectual, and even political affairs. Under the Almoravides and Almohades they were severely persecuted, and many of them emigrated to Castile, where for the time being they were well received. The Mozárabes were also persecuted, and in increasing degree with the advance of the Christians, for they aided not a little in the reconquest. Many of themwere taken north by the Christian kings when they returned from their invasions, whereupon those remaining in Moslem territory were all the more harshly treated. The Almohades were particularly intolerant.
Nobles and clergy.
The nobility continued to be the most important social class, with much the same differences of grade among themselves, the same authority and privileges, and the same tendencies to war against the king and with one another and to commit acts of violence and robbery as in the preceding period. The conflict of the nobility as a class against the king took definite shape, and a numerous new nobility, thecaballeros(knights), sprang up. Thecaballerosproceeded from the plebeian ranks, being composed of those who could equip themselves for war as cavalrymen. Although they gained certain privileges, such as exemptions from taxation, thus weakening the king’s power, they served in fact as a counterpoise to the hereditary noble class. They were much favored by the kings, who needed well-equipped soldiers for their wars. The clergy made distinct gains as regards personal immunities and the freedom of their lands from the usual obligations, especially from that of taxation. This bettering of their position was not the result of general laws, but rather of the accumulation of individual privileges, granted now to one religious institution, now to another. Their advantages in these respects were not always well received by others, and objections were made, especially by the popular element, through their representatives in the nationalCortes(Congress, or Parliament),—of which institution presently.
The advance of the middle class.
Gains of the servile classes.
The free popular element, or middle class, which had been reborn in the preceding period with the founding of thevillas, orconcejos, developed a much greater social importance than formerly. Many factors contributed to this end, such as the increase in the number of thevillas, the concession of new privileges, the material advance of Christian Spain (agriculturally, industrially, and commercially), theimportant military services of the municipal militia, and the fact that not only thecaballerosbut also the leading jurisconsults began to be recruited from the middle class. As a rule this element paid taxes, but it enjoyed not a few exemptions and privileges,—for example, a right not to be required to make unusual contributions at the mere will of the king, or in some cases a right to commute all of their taxes to a single tribute. At the same time, the servile classes made striking advances, in part through their own efforts, but aided also by an increasing sentiment in favor of manumissions, by the need for population (both as a result of the conquests and in consequence of economic development), and by the protection accorded them in thevillas. The movement for emancipation was not uniform or free from setbacks, and this led to numerous uprisings of serfs, who joined the enemies of their masters in wars against the latter. The monks of Cluny, accustomed to the much greater subjection of the servile classes in France, represented a strong current of reaction. At Sahagún, the principal Cluniac centre, there were such limitations on liberty as those requiring that all bread must be cooked in the ovens of the monastery, and forbidding anybody to sell his wine before the monks had sold theirs, or to buy cloth, fresh fish, firewood, or other necessities before the monks had bought theirs, and there were other restrictions of a like character. By the end of the twelfth century serfs generally had gained such rights as the exact fixing of services due their lords, the abolition of the practice of selling them with the land, and the recognition of the validity of their marriages, whether consented to by their lords or not. In the thirteenth century they gained almost complete personal liberty, doing away with themalos usos, or bad customs, like those referred to in the case of the monastery of Sahagún.
The four new social classes.
Four new social classes became important at this time, principally as a result of the wars of reconquest,—the foreigners, Jews, Mudéjares, and Mozárabes. As a general rule each group had its own law, differentiating it from the national elements. Foreigners from every prominent western European region came to León and Castile, attracted bythe crusading character of the wars or by the material development of this part of Spain or perhaps fleeing from worse conditions in the lands whence they had come. For the Jews this was the happiest period they ever enjoyed in Catholic Spain, and great numbers of them entered Castile in order to escape the persecution of the Almoravides and Almohades. For a while they were on practically an equal footing socially and juridically with the Christians, and were one of the principal agencies for the diffusion of Moslem culture in León and Castile. By the opening of the thirteenth century their situation began to change with the adoption of restrictive measures, although it was not until the next period that these operated in all their harshness. As the conquests proceeded, great bodies of Moslems were incorporated into the Christian states, and they came to be called “Mudéjares.” Despite the growth of intolerance with the advance in the crusading character of the wars the Mudéjares were in general very well treated. Aside from treaties of capitulation making promises to that effect, political and economic interests made it advisable both on account of the numbers of the vanquished Moslems and because of the need for population. Many of them, whether as freemen or serfs, were agricultural laborers enjoying considerable independence, including the right of publicly practising their religion. As time went on they tended to gather into the cities, although subjected to more restrictions than in the country,—such as the refusal to allow the public practice of the Moslem faith (with a number of exceptions, however) or requirements that they must wear a distinctive dress and live in a separate section of the city. If they were not greatly molested in other respects they did have to endure very heavy taxation, even including the tithe for the benefit of the Christian church. The Mozárabes, though of the same race and religion as the Leonese and Castilian population, had lived so long in contact with Moslem civilization that they represented a class apart, having their special laws differing from those of the native-born Christians. Naturally, they were well received.
Forms of wedlock.
The family.
Among the social traits of the era may be noted a certainmoral laxity. Two forms of marriage were recognized, that ofbendición(blessing of the church), accompanied by a religious ceremony, and the weddingá yuras(under oath), by a simple contract between the parties concerned. A third form of union, similar to the latter but not recognized as lawful wedlock, was that ofbarraganía(concubinage). The essential conditions ofbarraganíawere permanence and fidelity. Both parties were supposed to be single, although the custom often extended to include married men; in the latter case, but not in the former, the children were held to be illegitimate. Many clergymen entered into this relation, despite efforts to prevent the practice.Barraganíaand the marriageá yurashave been considered to be a Christian imitation of Moslem marital customs. Divorce was allowed for serious cause. The father was recognized as the master of the family, although the wife and children gained certain financial and personal rights which had not formerly been accorded them. The bonds of family were so strong, however, that individuals who were free by law to emancipate themselves—for example, by marriage—often continued under the parental roof. Thus great family groups living in common were formed.
Advance in domesticity.
Other social customs.
As a result of the greater economic wealth, the comparative peace back from the frontier, and the development of the towns the manner of life underwent a rapid change, which may be summed up by saying that people began to live inside the house instead of out, giving more active play to the domestic instinct of the woman, which in its turn had a much needed softening effect upon the man. Houses now had hearths, although not always a chimney and as late as the twelfth century no panes of glass in the windows. Furniture reached a degree of luxury and comfort far in advance of what it had been since the Roman era. It was heavy and very sober in decoration at first, but increased in adornment later on. Beds were an object of luxury in the eleventh century; people slept on benches or on the floor. By the thirteenth century artisans and laborers usually had a bed, as also a table, two chairs, and a chest. Chairs, throughout the period, were low, and rarely had backs; those with botharms and a back were reserved for the master of the house. Floors, even in palaces, were usually bare of cover. Habits of cleanliness were not yet very much in evidence. Clothing was customarily worn until worn out, without being changed or washed. At table it was rare for the diners to have individual plates or napkins, and the fork was not yet known. Bones and refuse were left on the table, or thrown on the floor, and the use of water for any purpose other than for drinking was unusual. The custom of public baths had some vogue in the cities, however. Men still lived much in the open, but women habitually withdrew from public view. Crimes against women, from those which were more serious down to the comparatively mild offence of pulling a woman’s hair, were punished with extreme severity,—not that women enjoyed high esteem or even an equal consideration with men, for the supposed gallantry of the medieval period did not in fact exist. Men wore their hair long, and a long beard was considered as an indication of dignity,—so much so, that a heavy penalty was imposed on anybody who pulled or cut another’s beard. Amusement was provided by jugglers or by dancing and singing, especially on days of religious festivals, or holidays, and during the holding of fairs. Among the great people the French sport of the tourney was much in favor. From France, too, came feudal chivalry, imposing the ideals of valor, loyalty, and dignity (to the extent that nobody should doubt another’s nobility, his word, or his courage) on those professing it. This exaggerated sense of honor led to duelling, and comported ill with the real conduct of the nobles. Epidemics of leprosy and plagues (bubonic?) were frequent, resulting in the founding of hospitals and institutions of charity.
Political and administrative changes.
Fundamentally, León and Castile had much the same political organization as before, but the popular element, as represented in thevillasand theCortes, began to be a real political force, and the kings increased their strength at the expense of the nobles, although their struggle with the nobility as a class was not to result in complete royal victory for more than two centuries yet. The throne continued elective in theory, but the tendency was for it tobecome hereditary, although the question was not definitely settled at this time. The right of women to reign became recognized with the crowning of Berenguela. In administration many governmental districts were enlarged to include various counties, the whole being ruled by a governor appointed directly by the king, assisted by functionaries calledmerinos mayores,[20]who had charge of civil and criminal jurisdiction. An important reform was effected by removing the nobles from the post of the king’s representative in the counties and substituting officials calledadelantados, whose authority at this time was more civil than military, and therefore less dangerous.[21]Still others exercised respectively political and military authority.
Beginnings of theCortes.
Legislation.
For centuries the kings had been in the habit of holding councils of nobles or ecclesiastics, or both, although there was a tendency to exclude the churchmen. In 1137 acouncil of nobles at Nájera was called theCortes. The popular element was first admitted in 1188, at aCortesheld in León,—possibly the first occasion in the history of Europe when representatives of the towns appeared in such an assembly. The first known instance in Castile occurred in 1250. For a number of years, León and Castile, though become a single kingdom, continued to have a separateCortes. The kings called this body whenever they wished, although they often made promises (which they did not fulfil) to set regular intervals. None of the individuals called, whether nobles, ecclesiastics, or representatives of thevillas(or towns), had the right to present themselves; that was left to the choice of the king, but the custom gradually became fixed that certain towns should have the privilege of being represented. Each member had one vote, but the number of representatives from the towns differed, without being subject to a general rule. The towns themselves chose who should represent them, but the methods of choice were various. TheCorteswas allowed to make petitions to the king, each branch for itself, and to fix the sum of money that it would grant him. It had no true legislative functions, but the king sought its advice, or its approval for his laws, and its influence was such, that it was able to procure desired legislation. The king presided in person at the opening and closing sessions, and through officials of his own appointment at the other meetings. The king continued to be the principal legislative authority, and the law retained its former diversity and its fundamental basis of privilege; the variety even increased, with the introduction of the new social classes. TheFuero Juzgo, which was the common law, applied in but few respects. The kings did something in the way of producing greater juridical similarity, as by making dispositions of a general character at meetings of theCortes, and by using certain municipal charters as types, while Ferdinand III commenced to draw up a uniform code, although he did not live to complete it.
Political life of the towns.
Municipal organization retained the essential features of the preceding era, such as the local assembly and the various officials, of whom the most important were the judges. Thelatter came to be calledalcaldes(from an Arabic term meaning “the judges”),—an example of Moslem influence. In many cities, there were representatives of the king, calledmerinosand other names. Communication with the king was also maintained by the use of messengers, now of the king, now of the city. The actual monarchical authority was so slight that the towns often acted with complete independence. Like the nobles they made forays against the Moslems on their own account, or fought one another, or with very good reason attacked neighboring, lawless nobles. For these wars they often formed leagues, or brotherhoods (hermandades), of towns (or occasionally leagues which included some nobles), for which special ordinances were drawn up without previously consulting the king. Some of the towns of the north coast were so independent that they joined in the wars between France and England, against the latter. Often the towns changed their own charters without royal permission, although this was not done in open defiance of the king, but, rather, in secret and fraudulently. The privileges of the towns in respect to taxation (although, indeed, they paid the bulk of what the king received from his free, Christian subjects) have already been mentioned.[22]Taxes were also collected within the towns for local purposes. In addition to revenues from direct contributions the towns also imposed obligations of personal service on their citizens, and owned lands which formedperhaps their most important source of wealth. These lands were of two kinds, thepropios(estates “belonging to” a municipality and utilized to assist in defraying public expenses), which were worked directly or rented by the town, and thecomunales, or land common, for the use of all, subject to local regulations. In seigniorial towns, especially in those acknowledging an ecclesiastical lord, great progress was made toward an approximation of the rights enjoyed by the royal towns and cities. They had already gained economic independence, but now wished to attain to political freedom as well. They fought against the lord’s practice of arbitrarily choosing their principal magistrates; next, they endeavored to gain for their own assembly the exclusive right of choice; then they tried to increase the powers of the locally chosen officials as compared with those appointed by the lord; and, all along, they aimed to acquire more authority for their assemblies, or for the council which came to represent them,—for example, the right to fix wages. By the opening of the thirteenth century local autonomy had been gained at Santiago de Compostela, and many other seigniorial towns (both noble and ecclesiastical) had achieved equal, or nearly equal, good fortune.
The administration of justice.
Justice belonged fundamentally to the king, but thealcaldesof the towns usually exercised civil jurisdiction, and often criminal as well; in some towns royalmerinosoradelantadoshad charge of criminal jurisdiction. The king might punish local judges, however, even removing them and appointing others, but this power did not in fact enable him to check abuses. Appeals went to the king, who also had the right to try in first instance the serious crimes of murder, assault on a woman, robbery, and others. In such cases the king was assisted in administering justice by a group of men of his own appointment, called theCort(not to be confused with theCortes), but this body merely advised him, for the decision was left to him. As might be expected in an age of disorder, punishments were atrocious,—such, for example, as mutilation, stoning to death, throwing over a cliff, burning, burial alive, starvation, cooking,stripping off the skin, drowning, and hanging; only the last-named has survived. On the other hand, composition for murder, or the payment of a sum of money, was allowable,—for men were valuable to the state,—although the murderer was not free from the private vengeance of the dead man’s family. The so-called “vulgar proofs,”—such as the tests of the hot iron and hot water, and the wager of battle,—besides torture, were employed (as elsewhere in western Europe) as a means for acquiring evidence, but these methods were already being looked upon with disfavor. Real justice was in fact rare; the wealthy, especially if they were nobles, were able to take matters into their own hands or to procure favorable decisions, if affairs should reach the point of litigation.
Methods of warfare.
Military service was obligatory upon all, but except for a small royal guard there was no permanent army. Organization continued to be simple; the seigniorial troops were commanded by the lord or his representative, and the militia of the towns by analférez(standard-bearer).[23]Large numbers of foreigners joined in the wars against the Moslems, but perhaps the most important element was that of the military orders. These orders had a mixed religious and secular character, for, while some members took the usual monastic vows, others were not required to do so. Aside from the orders of general European prominence, like that of the Templars, there were three which were confined to the peninsula, those of Calatrava, Santiago, and Alcántara, all formed in the middle of the twelfth century. Their membership became so numerous and their wealth so great that they constituted one more important force with which the kings had to reckon in the struggle for the establishment of royal authority, although the peril proved greater in its possibilities than in the fact. War was absolutely merciless, falling quite as heavily on the non-combatant as upon the opponent with arms in his hands. The enemy population might be subjected to the loss of their lands and to enslavement, unless this seemed inadvisable, and pillage was legallyrecognized, with a share of the booty going to the king. Such weapons as the sword, lance, and pike were still the principal types. The use of flags was introduced as a means of inciting the troops to deeds of valor, while priests were employed to provide a like stimulus. The first navy in this part of Spain was the private fleet of Bishop Gelmírez of Santiago de Compostela. Private navies were the rule. The first royal navy was formed by Ferdinand III, as a result of the important part played by the private naval levies which had assisted in the taking of Seville.
The monks of Cluny and church reform.
Notwithstanding the increase in privileges accorded the church, the king had always intervened in its affairs,—as by the appointment or deposition of bishops, and even by taking under his own jurisdiction certain cases on appeal from the ecclesiastical courts. The monks of Cluny, influential in so many respects, set about to uproot the dependence of the church upon the king and to bring about a closer relation of the clergy with the papacy. Aided by the piety of the kings themselves they were able to achieve their ends, although the monarchs maintained that the pope’s measures should not be valid in the royal dominions without governmental consent. Thenceforth, the pope and his legates began to take the place of the king in church affairs. The same centralizing policy of the monks of Cluny and the great popes of the era was employed to bring the Castilian church into uniformity with that of Rome in matters of doctrine and rite. Some difficulty was experienced in the latter respect, for the Spanish people were attached to their form of worship, which was called the Visigothic, or Mozarabic, rite. Earlier popes had recognized this as orthodox, but Gregory VII asked Alfonso VI to abolish it. The king was willing, but the people and the clergy were not. The matter was once left to the decision of the wager of battle, and again to that of fire, but in each case the local rite came out victorious. Finally, the king rode roughshod over judicial proofs, and abolished the local rite.[24]It was in this period, therefore, that the hierarchyof the church, depending on the pope, was established in Spain. At this time, too, the monasteries (and the military orders as well) became independent of the bishops, and ascended to the pope, or his legate, through the medium of their abbots (or grand masters). The increasing wealth and privileges of the church have already been sufficiently alluded to; many of the orders degenerated greatly, even that of the monks of Cluny, as a result of the luxury which their means permitted. At the moment when clerical ostentation had become greatest there came the founding of the mendicant orders, early in the thirteenth century. In the peninsula, as elsewhere, these orders (whose principal vow was poverty) achieved a great work for the church; the Franciscans went chiefly among the poor, and the Dominicans dealt more with the upper classes, but both preached the necessity for repentance and for conversion to the faith.[25]They also contributed greatly to doing away with the loose practices which had become current among the clergy in all parts of Christendom. One such practice persisted, despite their efforts, the earlier efforts of the monks of Cluny, and the continuous opposition of the kings (translated into severe laws),—that of priests entering into the form of union calledbarraganía.
Social institutions in Aragon.
In institutions, Aragon proper must be distinguished, throughout this period, from the Catalonian region of the greater kingdom of Aragon. Social differences were much more marked than in León and Castile, for there was an excessively privileged feudal nobility, which had a despotic power over the servile classes; the movement for emancipation from slavery and serfdom belongs to a much later time. Lords had a right even to kill their serfs. Slavery (confined usually to Moslems) was not personal, for the slaves were attached legally to the land. What has been said for Castile as regards the church, the Jews, Mozárabes, and Mudéjares applies generally for Aragon. There were moreMudéjares than in Castile, but, although they enjoyed equality with Christians before the law, they were on a lower plane socially, and were more heavily taxed. The practice of living in communal family groups was the rule in Aragon.
Political life and administration in Aragon.
The nobles had privileges of a political, as well as of a social character, being virtually sovereigns on their own estates. One noteworthy official to develop was theJusticia(Justice, or Justiciar), charged with hearing cases of violation of privilege and complaints generally against the authorities. The nobles tried to take the appointment of this official to themselves, but failing in this were, nevertheless, able to compel Jaime I to recognize that the functions of theJusticiawere to be exercised in his own right, and not by delegation of the king,—for example, in cases in which theJusticiaacted as judge, or mediator, between the nobles and the king. The free towns usually sided with the crown, as in Castile, but they were not nearly so numerous, and not equally an agency for the liberation of the servile classes. According to some writers they were represented in theCortesas early as 1163 (which was earlier than in León), but others make 1274 the date of their entry. There were four estates in the AragoneseCortes,—the higher nobility, thecaballeros, the clergy, and the representatives of the towns. Aragon and Catalonia continued to have a separateCortesafter the union of the two states, and Valencia also received one of its own, but there were times when a generalCortesof the entire kingdom was held. The principal form of legislation was that of the royal charters. The same diversity of law existed as in Castile, but Jaime I did something to bring about unification by having a code drawn up. This code, called theCompilación de Canellas(Compilation of Canellas), for one Canellas was the compiler, embodied the traditional law of Aragon, supplemented by principles of equity. It did not do away with the charters, applying only to matters which they did not cover. The Roman law of Justinian and the canon law, both of which greatly favored the king, were beginning to be studied, but the nobility opposed the assertion of these legal principles incourts of law. Taxes fell more heavily and more vexatiously on the common people than they did in Castile, but a greater proportion went to the lords and less to the king; Jaime I had to give his note for the royal dinners, at times, and he paid his tailor by an exemption from taxation. The king was not always able to persuade his nobles to join him in war, though in other respects the military customs resembled those of Castile. The principal difference in the religious history of the two regions was that the influence of the monks of Cluny in favor of ecclesiastical dependence on the pope was much earlier accepted in Aragon; the Visigothic, or Mozarabic, rite was abolished as early as 1071. Pedro II’s submission of the kingdom to the pope was not well received, however, by either the nobility or the people of both Aragon and Catalonia.
Social institutions in Catalonia.
Different as Catalonia was from Aragon, the two regions had many features in common because of the existence of feudalism. The feudal hierarchy was composed of counts, viscounts,valvasores(barons), and free vassals, of whom the first three grades were noble. Underneath was the institution of serfdom, equally harsh as in Aragon, and almost equally late in advancing toward emancipation. Personal slavery (of Moslem prisoners of war, as a rule) also existed. There were not many Mozárabes or Mudéjares, but the Jews were fairly numerous. All enjoyed the same lenient treatment as that accorded in Castile and Aragon,—with a beginning of restrictive measures at the end of the period. The middle class of the cities was more important than in Aragon, especially in the coast cities or towns, where the citizens engaged in commerce. Although the communal family group was the general rule in Catalonia, this institution was considerably modified by the existence of the law of primogeniture, causing the entailment of landed properties to each successive eldest son,—a variation from theFuero Juzgo. This aided in economic prosperity, because it kept estates intact, and influenced younger brothers to go forth in order to build up estates of their own. In other respects,social customs did not vary materially from those of Aragon and Castile.[26]
Political life and administration in Catalonia.
Importance of Barcelona.
The only new factor of interest in general political and administrative organization was the increase in the actual authority of the counts of Barcelona (and, similarly, after they became kings of Aragon), although on the same legal basis of feudalism as before. This came about through the uniting of most of the counties in the single family of the counts of Barcelona, who therefore were able to exercise a decisive influence in Catalonian affairs. The rise in importance of Barcelona was the most notable event in municipal history. Its commerce and wealth were so great, and its prestige as capital of the county so influential, that it exercised a veritable hegemony over the other towns. Each year the general assembly elected five councillors, who in turn appointed a council of one hundred, orConsell de Cent, which was the principal governing body of the city. The city was allowed to coin money and to appoint consuls charged with looking after the business interests of Barcelona in foreign lands. TheConsellalso had mercantile jurisdiction. The Catalan commercial customs were to pass over in a developed form into Castile, and from there to the Americas. The CatalonianCorteshad but three estates, and was in other respects similar to that of Castile. The representatives of the towns were admitted in 1218, but their right to appear was not definitely affirmed until 1282. Barcelona had unusual weight in that body, for it possessed five votes. TheUsatges(the code adopted in the reign of Ramón Berenguer I) merely expressed in writing the feudal customs which were already in vogue, and therefore it was generally observed. It did not supersede the charters, theFuero Juzgo, and local customs, all of which continued in effect. The Roman and canon law, despite the resistance of the nobility, came to be regarded as supplementary to other legal sources, although not as of right until centuries later. In naval affairs Catalonia was farahead of the rest of Spain. Both a merchant and a naval marine had existed since the ninth century, and the former was encouraged by the suppression of taxes and by favorable treaties with the Italian states. The navy had become a permanent state institution by the middle of the twelfth century (in the reign of Ramón Berenguer IV). Individual lords and towns had naval vessels of their own, however. The history of the church followed the same course as in Aragon; the Roman rite was adopted in the time of Ramón Berenguer I (1035-1076).
The royal power in the social and political life of Valencia.
When Jaime I conquered Valencia, he had an opportunity to put into effect some of his ideas with regard to strengthening the principle of monarchy, and did not fail to take advantage of it. In the distribution of lands among the nobles, the king was recognized as the only lord; furthermore, the majority of the lands were given outright, in small parcels, to middle class proprietors, subject only to the royal and the neighborhood taxes. Most of the recipients were Catalans, and thus the Catalan civilization came to predominate in Valencia. The most numerous body of the population, however, was that of the Mudéjares. Many of these were not molested in their estates and their business, and some were even granted lands, but the majority were obliged to pay heavy taxes in return for the royal protection. The Mudéjar uprisings led to the introduction of more rigorous measures. In political affairs, too, Jaime I established a system more favorable to monarchy. The nobles wished to have the Aragonese law apply, but the king introduced new legislation whereby the greater part of the authority rested with him. The ValencianCortes, of three branches, dates from 1283.