[Sidenote: Absolutism in government.]

The principle of absolute monarchy continued to be followed in Moslem Spain, and was even accentuated, whether in the eras of the _taifas_, or at times of a single dominion. Indeed, this was virtually the case while the _taifas_ were 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. The _taifa_ kings ama.s.sed great wealth, and their palaces were overflowing with luxury.

[Sidenote: 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 pa.s.sing 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 Mozarabes were also persecuted, and in increasing degree with the advance of the Christians, for they aided not a little in the reconquest. Many of them were 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.

_Leon and Castile_

[Sidenote: n.o.bles and clergy.]

The n.o.bility continued to be the most important social cla.s.s, 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 n.o.bility as a cla.s.s against the king took definite shape, and a numerous new n.o.bility, the _caballeros_ (knights), sprang up. The _caballeros_ proceeded 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 n.o.ble cla.s.s. 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 acc.u.mulation of individual privileges, granted now to one religious inst.i.tution, 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 national _Cortes_ (Congress, or Parliament),--of which inst.i.tution presently.

[Sidenote: The advance of the middle cla.s.s.]

[Sidenote: Gains of the servile cla.s.ses.]

The free popular element, or middle cla.s.s, which had been reborn in the preceding period with the founding of the _villas_, or _concejos_, developed a much greater social importance than formerly. Many factors contributed to this end, such as the increase in the number of the _villas_, the concession of new privileges, the material advance of Christian Spain (agriculturally, industrially, and commercially), the important military services of the munic.i.p.al militia, and the fact that not only the _caballeros_ but also the leading jurisconsults began to be recruited from the middle cla.s.s. 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 cla.s.ses 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 the _villas_. The movement for emanc.i.p.ation 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 cla.s.ses in France, represented a strong current of reaction. At Sahagun, the princ.i.p.al 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 the _malos usos_, or bad customs, like those referred to in the case of the monastery of Sahagun.

[Sidenote: The four new social cla.s.ses.]

Four new social cla.s.ses became important at this time, princ.i.p.ally as a result of the wars of reconquest,--the foreigners, Jews, Mudejares, and Mozarabes. 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 Leon and Castile, attracted by the 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 princ.i.p.al agencies for the diffusion of Moslem culture in Leon 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 "Mudejares." Despite the growth of intolerance with the advance in the crusading character of the wars the Mudejares 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 t.i.the for the benefit of the Christian church. The Mozarabes, 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 cla.s.s apart, having their special laws differing from those of the native-born Christians. Naturally, they were well received.

[Sidenote: Forms of wedlock.]

[Sidenote: The family.]

Among the social traits of the era may be noted a certain moral laxity.

Two forms of marriage were recognized, that of _bendicion_ (blessing of the church), accompanied by a religious ceremony, and the wedding _a 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 of _barragania_ (concubinage). The essential conditions of _barragania_ were 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. _Barragania_ and the marriage _a yuras_ have 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 emanc.i.p.ate themselves--for example, by marriage--often continued under the parental roof. Thus great family groups living in common were formed.

[Sidenote: Advance in domesticity.]

[Sidenote: 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 gla.s.s 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 both arms 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.

Amus.e.m.e.nt 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 n.o.body should doubt another's n.o.bility, 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 n.o.bles. Epidemics of leprosy and plagues (bubonic?) were frequent, resulting in the founding of hospitals and inst.i.tutions of charity.

[Sidenote: Political and administrative changes.]

Fundamentally, Leon and Castile had much the same political organization as before, but the popular element, as represented in the _villas_ and the _Cortes_, began to be a real political force, and the kings increased their strength at the expense of the n.o.bles, although their struggle with the n.o.bility as a cla.s.s 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 to become 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, a.s.sisted by functionaries called _merinos mayores_,[20] who had charge of civil and criminal jurisdiction. An important reform was effected by removing the n.o.bles from the post of the king's representative in the counties and subst.i.tuting officials called _adelantados_, whose authority at this time was more civil than military, and therefore less dangerous.[21] Still others exercised respectively political and military authority.

[Sidenote: Beginnings of the _Cortes_.]

[Sidenote: Legislation.]

For centuries the kings had been in the habit of holding councils of n.o.bles or ecclesiastics, or both, although there was a tendency to exclude the churchmen. In 1137 a council of n.o.bles at Najera was called the _Cortes_. The popular element was first admitted in 1188, at a _Cortes_ held in Leon,--possibly the first occasion in the history of Europe when representatives of the towns appeared in such an a.s.sembly.

The first known instance in Castile occurred in 1250. For a number of years, Leon and Castile, though become a single kingdom, continued to have a separate _Cortes_. 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 n.o.bles, ecclesiastics, or representatives of the _villas_ (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. The _Cortes_ was allowed to make pet.i.tions 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 princ.i.p.al 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 cla.s.ses. The _Fuero 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 the _Cortes_, and by using certain munic.i.p.al charters as types, while Ferdinand III commenced to draw up a uniform code, although he did not live to complete it.

[Sidenote: Political life of the towns.]

Munic.i.p.al organization retained the essential features of the preceding era, such as the local a.s.sembly and the various officials, of whom the most important were the judges. The latter came to be called _alcaldes_ (from an Arabic term meaning "the judges"),--an example of Moslem influence. In many cities, there were representatives of the king, called _merinos_ and 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 n.o.bles they made forays against the Moslems on their own account, or fought one another, or with very good reason attacked neighboring, lawless n.o.bles. For these wars they often formed leagues, or brotherhoods (_hermandades_), of towns (or occasionally leagues which included some n.o.bles), 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 formed perhaps their most important source of wealth. These lands were of two kinds, the _propios_ (estates "belonging to" a munic.i.p.ality and utilized to a.s.sist in defraying public expenses), which were worked directly or rented by the town, and the _comunales_, 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 princ.i.p.al magistrates; next, they endeavored to gain for their own a.s.sembly 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 a.s.semblies, 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 n.o.ble and ecclesiastical) had achieved equal, or nearly equal, good fortune.

[Sidenote: The administration of justice.]

Justice belonged fundamentally to the king, but the _alcaldes_ of the towns usually exercised civil jurisdiction, and often criminal as well; in some towns royal _merinos_ or _adelantados_ had 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, a.s.sault on a woman, robbery, and others. In such cases the king was a.s.sisted in administering justice by a group of men of his own appointment, called the _Cort_ (not to be confused with the _Cortes_), 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 n.o.bles, were able to take matters into their own hands or to procure favorable decisions, if affairs should reach the point of litigation.

[Sidenote: 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 an _alferez_ (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 Alcantara, all formed in the middle of the twelfth century. Their membership became so numerous and their wealth so great that they const.i.tuted 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 legally recognized, with a share of the booty going to the king. Such weapons as the sword, lance, and pike were still the princ.i.p.al 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 Gelmirez 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 a.s.sisted in the taking of Seville.

[Sidenote: 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 hierarchy of 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 princ.i.p.al 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 cla.s.ses, 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 called _barragania_.

_Aragon proper_

[Sidenote: Social inst.i.tutions in Aragon.]

In inst.i.tutions, 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 Leon and Castile, for there was an excessively privileged feudal n.o.bility, which had a despotic power over the servile cla.s.ses; the movement for emanc.i.p.ation 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, Mozarabes, and Mudejares applies generally for Aragon. There were more Mudejares 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.

[Sidenote: Political life and administration in Aragon.]

The n.o.bles 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 the _Justicia_ (Justice, or Justiciar), charged with hearing cases of violation of privilege and complaints generally against the authorities. The n.o.bles 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 the _Justicia_ were to be exercised in his own right, and not by delegation of the king,--for example, in cases in which the _Justicia_ acted as judge, or mediator, between the n.o.bles 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 cla.s.ses. According to some writers they were represented in the _Cortes_ as early as 1163 (which was earlier than in Leon), but others make 1274 the date of their entry. There were four estates in the Aragonese _Cortes_,--the higher n.o.bility, the _caballeros_, the clergy, and the representatives of the towns. Aragon and Catalonia continued to have a separate _Cortes_ after the union of the two states, and Valencia also received one of its own, but there were times when a general _Cortes_ of the entire kingdom was held. The princ.i.p.al 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 the _Compilacion 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 n.o.bility opposed the a.s.sertion of these legal principles in courts 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 n.o.bles to join him in war, though in other respects the military customs resembled those of Castile. The princ.i.p.al 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 n.o.bility or the people of both Aragon and Catalonia.

_Catalonia_

[Sidenote: Social inst.i.tutions 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 va.s.sals, of whom the first three grades were n.o.ble. Underneath was the inst.i.tution of serfdom, equally harsh as in Aragon, and almost equally late in advancing toward emanc.i.p.ation. Personal slavery (of Moslem prisoners of war, as a rule) also existed. There were not many Mozarabes or Mudejares, 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 cla.s.s 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 inst.i.tution 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 the _Fuero 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]

[Sidenote: Political life and administration in Catalonia.]

[Sidenote: Importance of Barcelona.]