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Published online by Cambridge University Press: 11 December 2015
The Consolidation (secularization of the pious funds of church organizations) of 1804 cannot be viewed as an isolated historical phenomenon but rather must be examined in the light of a long hallowed tradition of enmity on the part of the Spanish crown to the church's economic power, and, more immediate to the 1804 decree, as part of the Bourbon policy of regalism. Legislation aimed at controlling the sale of the holdings of the church has many precedents in Spanish legal history. In 1523 the Cortes of Valladolid asked the king, Don Carlos and his mother, the queen, Doña Juana,
que las haciendas y patrimonios a bienes raíces no se enajen a iglesias y monasterios e ninguno non se los pueda vender, pues según lo que compran las iglesias y los monasterios, y las donaciones mandas que se les hacen, en pocos años pudiese ser suya la mas hacienda del reino.
The author wishes to thank Professor B. W. Diffie, C. S. Smith, Ernesto Chinchilla Aguilar, and Magnus Mörner for their advice in the preparation of this study. In part research help was provided by a summer grant from the School of International Relations of Columbia University.
1 Regalism is defined by Professor M. Mörner as “ the assertion of royal rights in ecclesiastical affairs at the expense of the Pope.” See Mörner, M., “The Expulsion of the Jesuits from Spain and Spanish America in the Light of XVIII Century Regalism,” The Americas 23, # 2, October 1966, 15.Google Scholar
2 That the real estate and patrimonies in the form of real estate not be given to the churches and monasteries and that no one shall be able to sell them to them. For according to what the churches and monasteries buy and the donations that are made to them, in a few years most of the property of the kingdom could be theirs.
Escriche, Joaquín, Diccionario Razonado de Legislación y Jurisprudencia (Mexico and Paris, 1881), p. 163.Google Scholar
3 Ibid., p. 163.
4 Ibid., p. 163.
5 Ibid., p. 166.
6 Having come to my attention that because of all the repeated orders which previously had been given which absolutely denied the privileges which the communities and other mortmain organizations asked for the acquisition of property, the harm to my vassals has increased considerably and wanting to put a stop once and for all to this danger, I have resolved that for no reason shall the monasteries be permitted to acquire property even though they are disguised with the greatest piety and necessity.
Novíssima Recopilación de las Leyes de España. Madrid, 1841, Ley 17, tit. 15, Libro 1.
7 For information on the operation of the Junta de Temporalidades see Fontan, E., “La Expulsión de los Jesuítas de Mendoza y Sus Repercusiones Económicas,” Revista Chilena de Historia y Geografía (30, 1962, 71–76).Google Scholar
It is interesting to note that the final reincorporation of the temporal goods of the Company of Jesus into the Royal Treasury did not take place until Sept. 1798, the year of the Consolidation decree in Spain. Novíssima Recopilación, op. cit., Ley 21, título 5, libro 8.
8 Unclassified document under Leyes and Reglamentos, Archivo Nacional de Guatemala; henceforth referred to as ANG. —.
9 Cuevas, M., Historia de la Iglesia en México (El Paso, 1928), 5, 40.Google Scholar
10 I have believed it necessary to create an extensive fund which serves the double object of replacing the vales reales (payments of interest on royal bonds) by another debt with fewer objections; of being able to improve industry and commerce with the new form of taxation.
Novíssima Recopilación, op. cit., Ley 21, tit. 5, Libro L
11 All real estate belonging to charitable institutions, poor houses and foundling homes, religious brotherhoods, prayer institutions, pious works and lay patronages, putting the income of these sales, as well as the capital from the rents that may be collected pertaining to these establishments and foundations, in my royal treasury at an annual interest of 3% and with a special mortgage of the judgments already destined to those who in the future will be required to pay the debts of my crown.
Ibid., loc. cit.
12 Ibid., loc. cit.
13 Archivo Nacional Histórico de Colombia, henceforth referred to as Anc, Tomo XXXV, Vol. 639, pp. 161–168.
14 Ibid., loc. cit.
15 Ibid.
16 Mr. Haddick’s article has not as yet been published.
17 Ibid., p. 2.
18 Livermore, H., A History of Spain (New York: Grove Press, 1960), p. 347.Google Scholar
19 Ibid., p. 3.
20 Ibid., p. 4.
21 Although in Spain a similar measure had been taken, it could be considered beneficial up to a certain point, since it applied to real estate put up for sale, assuring the clergy of an equivalent income to that produced by those properties coming from other sources. The land not only became more productive passing into the hands of new proprietors, but created a new class and increased the amount of governmental revenue. But in Mexico, the situation was absolutely different.
Alamán, Lucas, Historia de México. (Mexico, 1849–50) 1: 138.Google Scholar
22 Ibid.
23 And although it was not my royal intention to extend this decree to the dominions of America, having gained experience from similar measures in Spain, noticing their utility and advantageous effects as much for the pious institutions, which, free from contingencies, delays and administrative risks, have attained the easiest fulfillment of their goals, as for the general good of the monarchy and the utility of its vassals. … I have determined for all these reasons and in particular that those in America deserve to be made the beneficiaries of the same advantages.
Anc, Tomo Miscela, NEAS #46, Vol. 1592.
24 Ibid., loc. cit.
25 Ibid., loc. cit.
26 Ang., A3.7, Exp: 39.747, leg. 2759.
27 Anc., Tomo Miscela, NEAS #46, Vol. 1592.
28 Ibid., loc. cit.
29 Joaquín Escriche, op. cit., p. 404, defines a capellanía colativa as a chaplaincy instituted with the authority of a bishop in which a certain group or family has the patronage right designated by the founder.
30 Anc, Tomo Miscela, NEAS #46, Vol. 1592.
31 Ibid., loc. cit.
32 For a discussion of the different types of Obras Pías, see Juarros, D., Compendio de la Historia de la Ciudad de Guatemala. (Tipografía Nacional, Guatemala), 1936.Google Scholar
33 Anc, Tomo Miscela, NEAS #36, Vol. 1592.
34 Ibid., loc. cit.
35 Ibid., loc. cit.
36 Ibid., loc. cit.
On censos, see Chevalier, Francois, Land and Society in Colonial Mexico. (University of California Press, 1963), pp. 229–262.Google Scholar
37 Anc, Tomo Miscela, NEAS #46, Vol. 1592.
38 Ibid., loc. cit.
39 This provision in addition to being clearly stated in the original decree in Guatemala was reinforced in a directive by Captain General Antonio Gonzáles Mollinido y Saravia. Ang. A3.7 Exp. 042091, Ley 2885.
40 Neither the viceroy, nor the superior council, nor another judge, nor tribunal is to hinder or dispose of these funds within or outside of the capital even though it may be in the greatest poverty for the moment or with a promise of quick repayment, if not ordered to do so by the king as communicated by the Governor-President of the Commission with express reference to this article.
Anc., Toma Miscela, NEAS #46, Vol. 1592.
41 Ibid., loc. cit.
42 See supra, note 15.
43 Ang., unclassified document— “Cuentas.”
44 Gavarete’s total is 1,236,401 pesos. My total is 1,252,974 pesos.
45 The wealth of these private capellanías varies from 25,000 to 30,000 pesos. Aug. A.3.7 Ex. 24703, leg. 1493.
46 For a description of Obras Pías see Juarros, op. cit.
47 Ang., A.3.7 Exp. 3018, leg. 757.
48 Tovilla, M. A. (Edit.). Relación Histórica Descriptiva de Las Provincias de Vera Paz Del Manche (Guatemala City, Editoria Universitaria, 1960), p. 133.Google Scholar
49 And so that the community may have the power of disbursement of funds over those who administer them and pay for the works of the church and community expenses, care and sustenance of the poor and sick Indians, I order and command that the Indians of said town cultivate a community cornfield in two different places which has cultivated a fanega (1.59 acres) at least for the good and welfare of the community, and so that they may better reap the benefits of said community cornfield, I order that it not be used for any other purpose for it is up to the community to pay for the repairs of the church and other needs which are indicated.
Ibid., loc. cit.
50 Aug., 3.1 Exp. 14.018, Leg. 757.
51 Ibid., loc. cit.
52 Ang., A3.7, ley 756, Exp. 14016.
53 Ang., A3.7 ley 1492, Exp. 24.702.
54 Ang., A3.7, ley 1493, Exp. 24.706.
55 Ang., A3.7, ley 2604, Exp. 35.466.
56 Ang., A3.7, ley 1206, Exp. 21.223.
57 Ang., A3.7, ley 1206, Exp. 21.222.
58 Ang., A3.7, ley 1963, Exp. 13.277.
59 Ibid., loc. cit.
60 The faculty believes that this is the general opinion of the whole city. The people’s voice shouts it and intelligent and politically minded people do not speak in any other way. Even experience itself shows it to you, experience with true and solid reasons and with speeches and natural deductions which cannot be denied.
Ibid., loc. cit.
61 Ibid., loc. cit.
62 Ibid., loc. cit.
63 For a description of economic conditions in these areas, see Solórzano, V., Evolución Económica de Guatemala (Seminario de Integración Social Guatemalteca, 1963), pp. 182–232.Google Scholar
64 Ang., A3.7, ley 1963, Exp. 13.227.
65 For a discussion of indigo cultivation in Guatemala and its problems, see Woodward, R.L., “Economic and Social Origins of the Guatemalan Political Parties,” HAHR, Nov. 1965, pp. 544–566.Google Scholar
66 Ang., A3.7, ley 1963, Exp. 13.227.
67 Havana, which formerly scarcely had a name has increased its commerce to incalculable and incredible sums that may already compete with any of the famous cities.
Ibid., loc. cit.
68 Ibid., loc. cit.
69 Through these rents and irregular deposits was the only means by which some honest men rose. Lacking other means of support, they borrowed the money because well-to-do individuals who did not find it necessary to make payments nor decrease their capital, used up their credit in order to assure investments and incomes and still had the means to carry on their business; but now it was a question of limiting themselves even though it was a case of prudence and equity and many of those who support themselves with decency and others with difficulty will come to see themselves reduced to the greatest misery and the number of unhappy beggars will multiply, a trend which has increased at a surprising rate during the last few years and for those who need help generous gifts are insufficient.
Ibid., loc. cit.
70 Ibid., loc. cit.
71 Ang., A3.7, ley 2557, Exp. 37.539.
72 … no longer sold the cheese but the cow which produced it; no longer the egg, but the hen; no longer the corn and the sugar, but the ox that tilled the fields, the mule and the horse that helped them.
Ibid., loc. cit.
73 Ibid., loc. Cit.
74 Ibid., loc. cit.
75 The city government has examined many times the royal decree of consolidation and the instructions which accompany it, and finds in it more than reasons for gratitude and thankfulness to its sovereign author. In it your Majesty only orders the sale and alienation of estates and property belonging to mortmain organizations in America for the benefit of his beloved vassals, because experience in Europe and the advantageous effects as much for the benefit of the said holy pious foundations as for the general good of the monarchy and the usefulness of those vassals whose insistence in these acquisitions and expenses which were made to improve them, were the best proof of their advantages.
Ibid., loc. cit.
78 An unfortunate farmer who miscalculates his harvest or who did not foresee a storm which destroyed his crops, the deputy wishing in this way to confuse misfortune with evil … (remainder of sentence illegible).
Ibid., loc. cit.
77 Ibid., loc. cit.
78 Peinado, J.M., Instrucciones Para la Constitución Fundamental de la Monarquía Española y Su Gobierno (Guatemala City: Editorial del Ministerio de Educación Pública), 1953.Google Scholar
79 An obscure arbitrary and relentless administration which turns its vassals into a troop of possible slaves; complication of interests arising from deductions of the most absurd principles, shameful distinctions, the results of caprice and ignorance, contrary to reason and justice, offensive inequities based on class, arising from participating interests and contrary to the general good.
Ibid., p. 8.
80 Here are the foundations of our ruin, here is the evil which has accursed the fatherland and which has undermined the foundation of the majestic edifice of the Spanish monarchy.
Ibid., loc. cit.
81 This is the only means, in the judgment of the government of Guatemala, which must be adopted if future happiness is to be achieved.
Ibid., p. 9.
82 I have found several documents which tell of this practice. In one such document a man in Guatemala sent 4,299-7/8 pesos to a resident of Cádiz by means of the Junta de Consolidación.
83 Ang., A3.7, ley 2644, Exp. 221.71.
84 Supra., p. 31.
