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In what is sometimes called the age of absolutism, Castilian nobles and commoners, tribunals
and towns, were to a considerable degree able to resist and shape royal commands. Whilst
there was little open conflict, there was sometimes a surprising amount of autonomy, rights,
and reciprocity on the part of the king's vassals. This is a study of one such form of
resistance: the opposition to military levies.
This opposition took place during a period of crisis, during the 1630s and 1640s, when the
crown's need to raise an army came into conflict with a notion of kingship that was far from
absolute. From the king's advisory councils to the Cortes, from city councils and seigneurial
estates to the most humble villages, Castilians had recourse to a wide range of political and
jursidictional means with which to dispute the king's claims and avoid conscription. They
were not always successful, but the assurance with which they addressed the Crown reveals a
society in which many people had a great deal to say about the definition and use of political
power.
RUTH MACKAY was educated at the University of California, Santa Cruz, at Stanford
University, and at the University of California, Berkeley. This is her first book.
The idea of an "early modern" period of European history from the fifteenth to the late
eighteenth century is now widely accepted among historians. The purpose of Cambridge
Studies in Early Modern History is to publish monographs and studies which illuminate the
character of the period as a whole, and in particular focus attention on a dominant theme
within it, the interplay of continuity and change as they are presented by the continuity of
medieval ideas, political and social organization, and by the impact of new ideas, new
methods, and new demands on the traditional structure.
For a list of titles published in the series, please see end of the book
RUTHMACKAY
CAMBRIDGE
UNIVERSITY PRESS
Contents
Acknowledgments
page xi
Introduction
21
61
99
Common claims
132
Conclusion
173
Glossary
178
Bibliography
181
Index
191
IX
Acknowledgments
In writing this book, I benefitted from the knowledge of some of the finest
contemporary scholars of Early Modern Spain, and it is a great pleasure to thank
them for their generosity: J. H. Elliott, Richard Herr, Richard Kagan, Geoffrey
Parker, I. A. A. Thompson, and Bartolome Yun Casalilla read part or all of the
manuscript, offering advice, correcting my errors, and encouraging me.
Thomas A. Brady, Jr. and Peter Sahlins read the dissertation on which the book
is based. Research funding came from the Mellon Foundation, the University of
California at Berkeley, and the Program for Cultural Cooperation Between Spain's
Ministry of Culture and United States' Universities. Small but essential bits and
pieces of historical information came from Paul Allen, James Boyden, Sarah Nalle,
and Lorraine White. The chart in the Introduction and the map were created by
Doug Griswold.
Archivists throughout Castile helped me locate the thousands of documents that
tell this tale of resistance and obedience; I especially must thank Isabel Aguirre and
Jose Luis Rodriguez de Diego, of the Archivo General de Simancas, and Mariano
Garcia, of the Archivo Muncipal de Toledo.
The epigraph is from Richard Cobb, The Police and the People (Oxford University Press, 1972), p. 97.
My colleagues at the San Jose Mercury News have granted me several leaves of
absence which have enabled me to write, teach, and research. They also have taught
me the value of a clear sentence.
Though I'm not sure this book is the best way to repay personal debts,
nonetheless: to Javier Alvarez Dorronsoro, Michael Hannigan, and Kelly MacKay
- this is for you.
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Introduction
Luciano Perena, introduction to Francisco Suarez, De iuramentofidelitatis (Madrid: CSIC, 1979), 138.
I
The formula dates from the fourteenth century; the Cortes used it often in the fifteenth century to
oppose royal incursions into municipal affairs. It was also used in Spain's American colonies. I. A. A.
Thompson, "Castile: Policy, fiscality, and fiscal crisis," Philip T. Hoffman and Kathryn Norberg,
eds., Fiscal Crises, Liberty, and Representative Government 1450i?8g (Stanford University Press,
1994), 148; Benjamin Gonzalez Alonso, "La formula 'obedezcase, pero no se cumpla' en el derecho
castellano de la baja edad media," in Anuario de historia del derecho espanol, 50 (1980); A. Garcia Gallo,
"La ley como fuente del derecho en Indias en el siglo XVI," Anuario de historia del derecho espanol,
212, 1951-2.
"de mi propio motu, cierta ciencia y poderio real absoluto de que en esta parte queremos usar, y
usamos, como Rey y Senor natural, no reconociente superior en lo temporal. . ." See Helen Nader,
"'The more communes, the greater the king': Hidden Communes in Absolutist Theory," Peter
Blickle, ed., Theorien kommunaler ordnung in Europa (Munich, 1996) for a discussion of this formula,
which first appeared in Castile in the mid-fifteenth century.
Thomas A. Brady, Jr. Turning Swiss (Cambridge University Press, 1985), 230; "En lenguaje historico,
subdito de un soberano," Diccionario del Uso del Espanol (Madrid: Editorial Gredos, 1967); Jose
Antonio Maravall, Estado modernoy mentalidad social, (Madrid: Alianza Editorial, 1986), vol. 1, 420.
Introduction
perceptible, unidirectional movement by the Crown toward sorting out such an
inappropriate combination.5 The king and his ministers had to impose enormous
financial and manpower demands on society without unduly threatening the
privileges and rights which all sectors - nobles, cities, magistrates, even peasants regarded as theirs. Flexibility was therefore of the essence, as it should be, too,
when considering the definition, development, and workings of that system of rule
so inadequately known as absolutism.
A study of this kind, which sets out to redefine analytical concepts, runs up
against an immediate problem, which is what to call those things whose name and
definition we are rejecting. The form of rule in seventeenth-century Castile was not
absolute in any sense, and contemporaries would never have described it as such,
yet the term will not go away. Phenomena such as the rise of the state, the creation
of armies, and the development of a fiscal system have come to be identified with
"absolutism" despite the fact that historians are increasingly rejecting the term. So
I try to avoid the word, but it is sometimes inevitable. It may not be a good word,
but we generally know what we mean by it.
A more difficult question of terminology is what to do with "resistance."
Objectively speaking, I believe Philip IV's subjects were resisting his authority by
evading military service. However, precisely because of the non-absolute nature of
that royal authority, they were not compelled to resist in a manner that would
threaten the structures of civil society. They could couch their actions in words of
obedience, they could appeal to the king's mercy and justice, they could demand, in
short, that he behave as a king should behave by granting them favors. They could
negotiate, and the very terms they used in negotiations both reaffirmed the
differences between ruler and ruled and allowed the latter to exercise their rights.
"Resistance" was a term contemporaries reserved for acts committed against
tyranny, and clearly draft evasion fell short of that. The actions described in this
study include insistence, delay, pleading, squirming, and obstinacy, all of which
contemporaries might have described as obedience. That said, I still choose to call
this behavior, as a whole, resistance, but the reader must realize that I am using the
term as we use it today.
Historians have gradually abandoned the assumption that there was a necessary
opposition between monarchy and commonwealth. Their focus has shifted from
domination to consensus. Kings and estates could and did work together as
partners, and the estates were often not as docile as they were believed to have been.
The seventeenth-century Castilian Cortes is an obvious case. Opposition to royal
authority throughout Europe, it turns out, took place in unexpected places and in
unexpected ways. Recent studies about the relationship between king and subject
in seventeenth-century Europe generally have examined either the monarch and
5
J. H. Elliott, "A Europe of Composite Monarchies," Past and Present, 137, November 1992. Elliott
treats Spain's efforts to manage its fragmented empire but not the internal disaggregation and
contradictions of Castile.
The remarkable thing about Spain, its army, and its empire, is that it managed to
survive the period described in this study. Like that mad, obstinate knight in Monty
Python and the Holy Grail who kept flailing away at his enemies even as his limbs
were being chopped off, Spain survived. As armies and empires do not generally
survive through luck, there must be some other explanation. I propose that it lies in
part in the monarchy's unfailing capacity to improvise, a capacity in part born of
necessity but also as a result of the way in which the king's vassals understood royal
authority and the location of political power. Despite all odds, the Spanish military
prevailed, decisive defeat after decisive defeat.7
The diplomatic events leading up to the crisis of the 1630s and 1640s began in
1621 with the expiration of Spain's Twelve-Year Truce with the Netherlands.
Most of Philip Ill's advisers, though not all, believed the truce should not be
renewed, as Dutch commercial and naval influence in America and Asia, which had
been allowed to prosper during the twelve years, was becoming increasingly
dangerous. Two days before his death, in March 1621, Philip III ordered that the
Dutch were to be treated as enemies upon the truce's expiration.8
At the same time as Spain debated what to do about the Netherlands, Baltasar de
Zuftiga, the dominant figure in Philip Ill's Council of State, was advocating
6
7
Antonio Machado, "Orillas del Duero," Antologia poetica (Salvat, 1969), 80.
See Robert Stradling, "Seventeenth-Century Spain: Decline or Survival?" and "Catastrophe and
Recovery: The Defeat of Spain, 163943," i n h' s Spain's Strugglefor Europe 15981668 (London: The
Hambledon Press, 1994). Throughout this introduction, the word "Spain" describes, more or less,
the geographic area of present-day Spain and the political and diplomatic actions of the Spanish
Habsburg monarchs.
Geoffrey Parker, The Dutch Revolt (London: Penguin Books, 1985), 263-6; Jonathan Israel, "Olivares,
the Cardinal-Infante and Spain's Strategy in the Low Countries (1635-1643): The Road to Rocroi,"
Richard L. Kagan and Geoffrey Parker, eds., Spain, Europe and the Atlantic World: Essays in honour of
John H. Elliott (Cambridge University Press, 1995).
Introduction
sending troops to Vienna to assist Emperor Ferdinand. If the Protestants were to
defeat the Empire, he reasoned, the Catholic Netherlands and Italy would be in
danger. The Habsburg alliance, the MadridVienna axis, must be defended at all
costs. A few troops were sent to Vienna in 1618, 12,000 more moved to Bohemia
and Germany in 1619, and then, in 1620, 20,000 veteran Spanish troops from the
Army of Flanders, under the command of Ambrosio Spinola, occupied the Palatinate. "From the basic premise of defense in the Low Countries the rest of Spanish
foreign policy flowed with a remorseless logic," John Lynch has written. "To
prevent the isolation of the Low Countries Spain was led to intervention in
Germany, a break with England, conflict in northern Italy and eventually war with
France."9
The crisis of the Mantuan succession was the next event which would set the
stage for far greater military entanglements. It forced Philip IV to address the
familiar and crucial choice between Flanders and Italy: whether it was wiser to
invest men and money in defending lands he was likely to lose anyway, or if he
should bolster Spain's position in Italy and thus, it was hoped, hold off France.
Louis XIII, occupied with the Huguenots, was unable to help his ally, the duke of
Nevers, who was heir to the Mantuan duchy. Philip IV took advantage of the
French absence by ordering the Spanish army of Milan to lay siege to the strategic
stronghold of Casale. The issue then became who would hold out longer - the
Huguenots in La Rochelle or the Mantuans in Casale. The former finally surrendered in October 1628, enabling the French army to march to Italy to relieve
Casale. Six months later, Spain was forced to recognize Nevers.
Intervention in Mantua, motivated by Spain's fear of France, has been termed by
the Count-Duke of Olivares' biographer to have been "the most serious mistake" of
the Count-Duke's political career, and Philip later said it was the only unjust war of
his reign.10 It was expensive, it had taken men away from Flanders, it had angered
Spain's allies and the pope, and it had given a victory to France. Meanwhile, the
course of what would be the Thirty Years' War drew Spain in further: Swedish
gains in the Palatinate, still a Spanish stronghold, and renewed French threats
pushed Spain to assemble an army under the command of the king's brother, the
Cardinal Infante Ferdinand. The result was a crushing defeat for the Swedes at
Nordlingen in September 1634. The Spaniards raided Trier on 26 March 1635 and
captured the elector, and on 29 May a French herald announced in Brussels that
' John Lynch, Spain under the Habsburgs, 2nd edn (Oxford: Basil Blackwell, 1981), vol. 2, 75.
J. H. Elliott, Richelieu and Olivares (Cambridge University Press, 1984), 95, passim; R. A. Stradling,
"Olivares and the Origins of the Franco-Spanish War, 1627-1635," English Historical Review, 101,
(January 1986), 75. See also Elliott's The Count-Duke of Olivares: The Statesman in an Age ofDecline
(New Haven: Yale University Press, 1986), ch. 9. An earlier study that also described the Mantuan
war as the beginning of the end for Spanish military diplomacy is M. Fernandez Alvarez, Don
Gonzalo Fernandez de Cordoba y la guerra de sucesion de Mantua y del Monferrato, 1627-29 (Madrid,
1955); for the economic effects of the Mantuan intervention and the crown's efforts to raise money for
the coming war with France, see Antonio Dominguez Ortiz, Politicay hacienda de Felipe /F(Madrid:
Editorial de Derecho Financiero, i960), 3749.
10
Introduction
provide reliable, comprehensive estimates of the size of the Spanish armed forces,
and the fact that no one has yet done so indicates what a difficult job it would be. All
we have are partial estimates, often based on orders that were delivered but which
never came true. Richelieu once warned Louis XIII that "if you wish to have 50,000
men serving, you must raise 100,000, working on the assumption that a regiment of
twenty companies which should include 2,000 men will in fact only have i,ooo."12
Things were not much different across the border, and the inflated numbers
designed to enrich recruiting captains, assuage commanders, or frighten the enemy
can also confuse the historian. Geoffrey Parker estimates the size of the Army of
Flanders in 1640 to have been 88,280 men, of whom 17,262 (roughly twenty
percent) were Spaniards; seven years earlier the figures had been 63,258 and 5,693,
respectively, meaning the percentage of Spaniards would have been cut in half.13
Jonathan Israel puts the size of the Army of Flanders at around 70,000 in 1636,
growing to 77,000 by the end of 1639.'4 But in addition to the Army of Flanders, of
course, Spain maintained soldiers in Lombardy, Sicily, and Naples, and in garrisons throughout the Iberian Peninsula. Philip IV in 1625 said that thoughout Spain
and Europe there were some 300,000 men serving him, which was highly unlikely.15
Stradling suggests 150,000 on the eve of the 1640 revolts.16 Elliott, however, says
that as the French had 132,000 infantry, and Spain was unlikely to have fewer, a
grand total of 170,000 men under arms for Philip IV in 1635 is plausible.'7
This study concerns potential or actual soldiers who were Castilian, whose
relative numbers were steadily declining. The rest of the army was drawn largely
from the Netherlands itself, and from Germany, Italy, and the rest of the Iberian
Peninsula. It was a sort of multinational militarization of the Union of Arms, the
Count-Duke's ill-fated 1625 attempt to induce all the components of the monarchy
to share its fiscal burdens. Olivares also searched for mercenaries outside the
Crown's possessions and was particularly successful in Ireland and Poland.'8
" Cited in Frank Tallett, War and Society in Early-Modem Europe 1495-1715 (London: Routledge,
1992), 7.
13
Geoffrey Parker, The Army of Flanders and the Spanish Road (Cambridge University Press, 1972), 272.
The Spaniards fighting in Flanders were the famous tercios, usually ten companies of 200 men,the
best-trained and best-paid troops there. See Rene Quatrefages, Los tercios espanoles, 156777 (Madrid:
Fundacion Universitaria Espanola, 1979).
' 4 Israel, "Olivares, the Cardinal-Infante," 278,288.
15
Geoffrey Parker questions the figure; see his The Military Revolution: Military Innovation and the Rise
of the West (Cambridge University Press, 1988), 45. R. A. Stradling, Europe and the Decline ofSpain:
A Study of the Spanish System, 1580-1720 (London, 1981), 62, accepts it.
16
Stradling, "Olivares and the Origins."
17
Elliott, The Count-Duke, 509. John Lynn estimates the French had only 100,368 soldiers on the books
in August 1634, which may have risen to 125,000 the following year; see John Lynn, "Recalculating
French Army Growth During the Grand Siecle, 1610-1715," Clifford Rogers, ed., The Military
Revolution Debate: Readings on the Military Transformation of Early Modern Europe (History and
Warfare), (Boulder, Colo.: Westview Press, 1995), 124-5.
'8 R. A. Stradling, "Filling the Ranks: Spanish Mercenary Recruitment and the Crisis of the 1640s," in
his Spain's Struggle, 251-7; Parker, Army of Flanders, 27-35. I n a more general vein, see V. G.
Kiernan, "Foreign Mercenaries and Absolute Monarchy," Trevor Aston, ed. Crisis in Europe 15601660 (London: Routledge and Kegan Paul, 1965).
On recruitment see Parker, Army of Flanders, 3549; Cristina Borreguero Beltran, El reclutamiento
militarpor quintas en la Espana del sigh xvm (Valladolid: Universidad de Valladolid, 1989), 31-47; I.
A. A. Thompson, War and Government in Habsburg Spain 1560-1620 (London: The Athlone Press,
1976), 10345; Andre Corvisier, Armies and Societies in Europe 14941789 (Bloomington, 1979),
4160; Tallett, War and Society, 69104; David Goodman, Spanish Naval Power 1589-1665 (Cambridge University Press, 1997), ch. 6. For cases other than Spain see John L. H. Keep, Soldiers of the
Tsar: Army and Society in Russia 14621874 (Oxford: Clarendon Press, 1985); M. E. Mallett and J. R.
Hale, The Military Organization of a Renaissance State: Venice 1400 to 1617. (Cambridge University
Press, 1984); James B. Wood. The King's Army: Warfare, Soldiers, and Society During the Wars of
Religion in France, 1562-1576 (Cambridge University Press, 1996).
Introduction
irregularly, but even that might be better than what they earned at home; the basic
wage in the Army of Flanders was increased from three escudos (established in 1534)
to four escudos in 1634.20 In addition, they usually got cash in hand once they joined
up, which must have been a powerful incentive for Castilians whose towns and
villages were becoming depopulated and barren and who sensed that the recruiting
captain may have brought with him an opportunity: "I left Toledo happy, proud,
and content," one such soldier wrote, "full of high hopes - the way men are when
they go to war. With me were a great number of friends and neighbors who were
going on the same expedition, hoping to better their fortunes." And, he added, "I
thought it would be a poor war if I couldn't get more than I would lose."21
The argument behind this study, then, is not that there was massive resistance to
military service, which there was not. Rather, it is that localized opposition could
prosper both because there was no administrative apparatus to curtail it and
because there were political beliefs to legitimize it. The many and varied disputes
between and among institutions regarding recruitment allow us to better comprehend how political power was wielded, and by whom. "In purely administrative
terms," Richard Bonney has written, "the Spanish government became less, not
more, absolute as a result of its military successes." As manpower needs grew,
responsibility for fulfilling them was increasingly delegated by the Crown to local
jurisdictions, usually in such a way as to leave doubts about who was in charge.
Recruitment thus became an arena in which relative political power and the
exercise of authority often were put to test.22
In order to raise an army and buy weapons, the Crown obviously needed money.
But neither in finance nor in recruiting was the size of the endeavor matched by an
effort to establish an organizational system capable of obtaining what the Crown
required. The failure of this sequence is one of the subjects of this study. Financial
administration was hindered less by inefficiency or corruption than by traditional
respect for and reliance upon the assent of a complicated series of private individuals and public corporations, each with particular interests and conditions. Inefficiency and corruption, however, added to the difficulties for the Council of Finance;
Olivares, in a 1637 memorandum, complained:
20
Parker, Army of Flanders, 158. However, most documents examined in this study refer to reales.
" The Life ofLazarillo ofTormes, His Fortunes and Misfortunes, As Told By Himself, tr. Robert S. Rudder
et al., (New York: Frederick Ungar, 1973), 113, 122.
" Richard Bonney, The European Dynastic States I4g4~i66o (Oxford University Press, 1991), 350. For
comparisons with contemporary French efforts to rationalize recruitment and adopt a regular
national service, see Louis Andre, Michel Le Tellier et I'organisation de I 'armee monarchique (Montpellier, 1906), 20770, Douglas Clark Baxter, Servants of the Sword: French Intendants of the Army
1630-70, (Urbana: University of Illinois Press, 1976), 319; David Parrott, "Richelieu, the Grands,
and the French Army," Joseph Bergin and Laurence Brockliss, eds., Richelieu and His Age (Oxford:
Clarendon Press, 1992); and John A. Lynn, Giant of the Grand Siecle: The French Army, 16101715
(Cambridge University Press, 1997). The French provincial intendants were responsible for tasks
such as recruiting, supplies, and billetting that in Castile were divided among commissioned captains,
contractors, royal agents (corregidores), city councils, magistrates, and army officials.
To pay for recruitment, the Crown relied upon a variety of taxes, dwindling
silver from America, grants from the church, frequent tinkering with the currency
and, above all, loans. It was a system that relied upon improvisation.24 As with
military personnel, this study can provide no estimate of the total cost of the wars or
the revenue collected. It examines just those fiscal mechanisms that impinged
directly on local recruitment and the impact they had on political relationships,
especially among cities, the Cortes, and the Crown. In particular, it looks at the
imposition of excise taxes (sisas) on basic foodstuffs, the most frequent manner in
which towns paid for their own soldiers, and at the millones, the subsidy first
granted to the Crown by the Cortes in 1590 and renewed frequently thereafter.
Both examples illustrate the dispersed, rather than consolidated, nature of royal
authority during this period and cast doubt on any necessary linkage between
large-scale military ventures and the development of powerful, central state institutions, fiscal or otherwise.
The Castilian example, in fact, directly contradicts generally held assumptions
about the parallel courses of modern warfare and a central bureaucracy.25 The
absolutist state's impetus, the theory goes, was war, which required taxes, which in
turn required a bureaucracy. But what happened in the rest of Europe did not
23
24
25
AHN E, libro 894, Olivares to king, August or September 1637; John H. Elliott and Jose F. de la Pena,
eds., Memorialed y cartas del Conde Duque de Olivares, (Madrid: Ediciones Alfaguara, 1981), vol. 2,
IyI
The improvisation was possible in large part because of "the extraordinary financial flexibility
provided by the American surplus;" Perry Anderson, Lineages ofthe Absolutist State (London: Verso,
1979), 72. The best overall sources for Castilian finance during this period remain Miguel Artola, La
hacienda en el antiguo regimen (Madrid: Alianza, 1982), and Dominguez Ortiz, Politicay hacienda. A
much older study is E. J. Hamilton, American Treasure and the Price Revolution in Spain, 15011650
(Harvard University Press, 1934). For an analysis of war finance during mid-sixteenth-century
Castile see M. J. Rodriguez-Salgado, The Changing Face ofEmpire: Charles V, Philip II and Habsburg
Authority, 15511559 (Cambridge University Press, 1988). For France see Richard Bonney, The
King's Debts: Finance and Politics in France 1589-1661 (Oxford: Clarendon Press, 1981); and James B.
Collins, Fiscal Limits ofAbsolutism: Direct Taxation in Early Seventeenth-Century France (Berkeley:
University of California Press, 1989). For England, and a comparison of English and Continental tax
collection, see John Brewer, The Sinews of Power: War, Money and the English State (New York:
Alfred A. Knopf, 1989).
This issue is usually discussed within the framework of the "military revolution" debate initiated by
Michael Roberts in 1955: Michael Roberts, The Military Revolution, 1560-1660 (Belfast, 1956).
Subsequent revisions include Jeremy Black, A Military Revolution? Military Change and European
Society 1550-1800 (Atlantic Highlands, N.J.: Humanities Press, 1991); Parker, The Military Revolution; Parker, "The 'Military Revolution,' 1560-1660 a Myth?," Journal of Modern History 48 (June
1976); Stradling, "'A Military Revolution'; The Fail-Out from the Fall-In," European History
Quarterly, 24 (1994); Charles Tilly, Coercion, Capital, and European States, AD 9901990 (Cambridge,
Mass.: Basil Blackwell, 1990); Brian M. Downing, The Military Revolution and Political Change:
Origins of Democracy and Autocracy in Early Modern Europe (Princeton University Press, 1992); and
Tallett, War and Society.
10
Introduction
happen in Spain. As described convincingly by I. A. A. Thompson, indirect
administration under Charles V in the early sixteenth century became more direct
in the early part of Philip IPs reign, and then again indirect by the late sixteenth
century and into the seventeenth century, when there was a "dual shift from central
to centrifugal government and from public to private administration." The determining role each time was played by the pressures of finance and war, Thompson
argues, to which I would add the king's vassals' insistent assertion of their rights.26
So, if absolutism and warfare and centralization must all go together, then either
there was something wrong with Castile or the formula needs adjusting. A huge
army not quite yet a standing army, one of the frequent definitions of an absolutist
regime - was mobilized using techniques left over or rediscovered from a prior
age.27 The state and the army did not grow bigger and stronger at the same time.
Furthermore, a strong state may not necessarily be an effective one if it lacks
legitimacy or if, as in the case of Castile, individual and corporate rights and
privileges made opposition likely and legal. Bureaucracy is not equivalent to control
and, indeed, can be quite inefficient if papers merely pile up and decisions are made
far from the arena in which they will have an impact. Centralizing tendencies can
shift course, or can be effective for some purposes and not for others. "Centralization," too, can even be said to take place at the local level, for example through
royal concessions to nobles that result in a strengthened Crown; this occurred in
Castile and in Eastern Europe.28 And a strong center may simply indicate effective
management of peripheral jurisdictions, not their elimination.29
So, rather than posit a priori what the structure of a state should be, given a
certain war-making capacity, I suggest reversing the problem: A government's
response to war reveals its structures of power. Castile raised an army in the 1630s
and 1640s by relying on the Cortes, municipalities, and lords; by heeding individual
soldiers' pleas for exemption; and by impressing outcasts and holding lotteries.
Those responses, along with the language of the Castilians themselves - obeying
while resisting, endlessly litigating, and speaking directly to the king - help us to
understand how Spain survived and endured, both on and off the battlefield.
26
27
28
29
Thompson, War and Government, 2746- Pablo Fernandez Albaladejo has criticized Thompson for
overestimating the degree to which Philip II's government was centralized; see his Fragmentos de
monarquia (Madrid: Alianza, 1992), 283. Tallett draws attention to places that were, in this respect,
somewhere between Spain and the rest of Europe for example the United Provinces, parts of the
Austrian lands, and Portugal (War and Society, 2024). Brewer (Sinews, passim), who also disagrees
with the standard explanation of the relationship between war and absolutism, notes that England's
very effective fiscal-military administration cannot be called absolutist.
Not quite standing because companies were still often disbanded after battles. Thousands of men who
defended Fuenterrabia in 1638, for example, were sent home afterward, only to be recalled the
following year.
See Fedorowicz, Bogucka, and Samsonowicz, eds., A Republic of Nobles: Studies in Polish History to
1864 (Cambridge University Press, 1982); and Valerie Kivelson, Autocracy in the Provinces: The
Muscovite Gentry and Political Culture in the Seventeenth Century (Stanford University Press, 1997).
William Beik, Absolutism and Society in Seventeenth-Century
France (Cambridge University Press,
II
In 1600, Martin Gonzalez de Cellorigo wrote that Spain had become "a commonwealth of bewitched men living outside the natural order;" three-hundred and fifty
years later, in one of his most famous essays, Pierre Vilar concurred: "Cut off from
reality, the Spain of 1600 preferred to dream."3' Spells and dreams have given way
to other criteria, but much of the scholarship and debate that has occupied
historians of Spain over the past decades continues to grapple with the country's
alleged peculiarity and its refusal to fit into categories, particularly concerning the
state and rational economic behavior, that were invented for and by other countries.
Prime among these debates is the famous "decline of Spain." This study
certainly has implications for the debate but does not come down firmly in favor or
against any of the arguments because there are too many different sets of criteria for
the debate to make much sense anymore. There was an economic decline, a
diplomatic decline, a military decline, an administrative decline, and a subjective
decline. What is clear is that Spain was the dominant world power in the sixteenth
century and was no longer so by the middle of the seventeenth century. But I am
not convinced of the utility of trying to isolate crucial causes and moments leading
up to the sad spectacle of a weak Spain handing over the baton to a strong France.32
Analyses that look at events in Castile on their own terms rather than comparing
them to what was happening elsewhere are more useful. Thompson's theory of
administrative devolution is the most notable among these interpretations; as this
study shows, devolution was neither a wrong step off the course of centralism nor a
sure indicator of decline, but a mechanism that allowed the Crown to raise an army,
albeit at the cost of tolerating increased power in the hands of the Cortes, cities, and
nobles.
It would be nice to be able to cease fighting a term that is faulty both in
conception and in application, but, as with "absolutism," so with "decline."
Explanations necessarily imply that some things should happen while others should
not and that there is an implicit standard of growth or power which some nations
fail to attain. This is not at all helpful in determining what actually happened, and
why. The Spanish monarchy did a remarkably good job of administrating during
times of near chaos, and the very improvisation - in finance, in judicial matters, in
decision-making, in recruitment seen as a failure by some can also, more
30
31
32
Introduction
accurately, be seen as a triumph. "Decline," then, depends on one's angle. The
closer one gets, the less descent one will detect.
A second question that has puzzled historians is that of Castile's apparent
passivity in the midst of oppression, war, taxation, and hunger. Logically, the
people of Castile should have rebelled. Everyone else was doing it: the Catalans, the
Portuguese, as well as the French. Many explanations have been offered for this
anomaly: loyalty to the king, fear, municipal self-government, the large distance
between cities, the breadth and diversity of Castile, the nobility's incapacity to
organize, the Crown's cooptation of the nobility, the calming influence of the
church, silver shipments from America, and Olivares' role as scapegoat for all the
regime's failings.
This study suggests, first, that failure to take up arms should not be confused
with passivity, and, second, that commoners, officials, and nobles all had a wide
range of tools at their disposal that almost always made armed resistance unnecessary. Neither rebellion nor submissiveness were reasonable options. Through litigation, direct appeals to the king, and invocation of privilege and precedent, and by
skillfully playing one jurisdiction off against another, individuals and institutions
throughout Castilian society often got their way. They did so in a manner that
ensured the survival of the structures of civil society. Victory might not always be
theirs, but they generally had the satisfaction of knowing they had gained some
time.
An important element of the resistance described in this study is precisely that it
was not the result of disloyalty toward the king; on the contrary, it was always
described by the protagonists as a means for furthering the king's own interests.
The prime demand of the nobility during this period, Elliott writes, which led to
the eventual palace coup that toppled Olivares, was "that the king should govern
personally;" that coup, he goes on to say, obviated the need for a rebellion during
this period.33 There were no claims by anyone during this period that remotely
meet a modern definition of "revolutionary." Yet there was conflict. As with the
debate over the decline of Spain, the problem with the failure-to-rebel puzzle is one
of criteria and definition. Just as we know Spain in 1650 was not what it was in 1550,
we also know there was no general armed revolt in Castile. But that does not
necessarily tell us much about the relationship between the king and his kingdom.
Rather than reduce vassals' options to acceptance, resignation, or rebellion, if we
broaden our criteria for obedience and resistance to include the possibility of
contradictory or simultaneous tactics that far better reflect the complex social and
political conditions of the time, we will be closer to understanding the meaning of
authority. Quite simply, it is more instructive to look at what people did do rather
33
John Elliott, "A Non-Revolutionary Society: Castile in the 1640s," Etudes d'histoire europeenne:
Melanges offerts a Rene et Suzanne Pillorget (Angers: Presses de l'Universite d'Angers, 1990), 264. In
his article, Elliott does not address popular attitudes toward royal authority.
13
35
See especially Jose Antonio Maravall, Las comunidades de Castilla, 4th edn (Madrid: Alianza
Universidad, 1984); and Helen Nader, Liberty in Absolutist Spain: The Habsburg Sale of Towns,
1516-1700 (Baltimore: The Johns Hopkins University Press, 1990).
Elliott, "Revolution and Continuity in Early Modern Europe" in his Spain and its World.
Introduction
meaningless conceived apart. That dialectic manifested itself in different ways
throughout the geography and hierarchy of Castile, in villages, cities, royal councils, palaces, and imaginations. It is to those meeting places that we must look to see
how power was understood, received, and lived.
"CASTILE, VIRILE AND SCORCHING" 36
It is not easy to define exactly where the events described in this study took place.
Our geographic terms do not correspond to those of the mid-seventeenth century, and there are often contradictions in the terms used then. The men organizing the army used partido, distrito, provincia, and reino, at times interchangeably,
to describe what today we would call a province.37 "Spain," "Castile," and their
derivatives were used rarely by policy-makers, usually inconsistently, and hardly
ever by common people, whose concerns did not embrace such large geographic
expanses. The king's appeals for troops early in 1635 referred to threats against
the monarchy and the church, not against Spain or Castile. When they described
themselves, people gave the name of the town in which they lived, or they might
offer a geographic description, as in the case of a group of men who traveled
together because they were all from the mountains, from the same patria. Castilian identity in the seventeenth century did not extend much beyond the town
walls.38
In modern terms, the study covers the regions of Castilla y Leon, Extremadura,
part of Castilla-La Mancha, and Madrid. The provinces included are Leon,
Burgos, Zamora, Valladolid, Salamanca, Segovia, Avila, Soria, Palencia, Caceres,
Badajoz, Toledo, Cuenca, and Madrid. There is the occasional mention of other
sites, but for the most part the study is focused on the central part of the Iberian
Peninsula, the great Castilian meseta. Galicia and the Basque provinces were
omitted to control for any resistance to recruitment motivated by regional loyalties
today termed "nationalist." Catalonia was excluded for obvious reasons, and
concern that the Aragonese and Valencians might have felt some sympathy with
their rebellious neighbors led me to omit those two regions as well.
This high, arid land, whose proverbial heat and cold are described by Castilians
as ten months of winter and two months of hell (diez meses de invierno y dos de
infiemo), is a plain largely surrounded by mountains. Three principal rivers run
east-west through the meseta: the Tagus, which passes through Toledo and empties
at Lisbon; the Duero, which runs through Valladolid and west to Oporto; and the
Guadiana, which runs from La Mancha to Badajoz, and then south to Huelva,
36
37
38
A late sixteenth-century judge claimed there were 32,000 municipalities in all of Spain, half of which
were in Castile; Nader, Liberty, 4.
4
Antonio Dominguez Ortiz, La sociedad espaiiola en el siglo XVII (Madrid, 1963), 112; Jordi Nadal, La
poblacion espaiiola, sighs xvi a xx (Barcelona, 1976), 37-83. The "central regions of Castile" in the
1590s accounted for 30.9 percent of the population of Spain: J. H. Elliott, "The Decline of Spain,"
223. See also Enrique Llopis Agelan et at., "El movimiento de la poblacion extremena durante el
antiguo regimen," Revista de Historia Economica, 8, no. 2, (1990), for an account of the population
decline in Extremadura which, along with Old Castile, suffered the most from the crisis.
41
There is a vast literature on the arbitristas and the decline of Spain. Two contemporary tracts are
Sancho de Moncada, Restauracion politica de Espana, ed. and intro. Jean Vilar (Madrid, 1974); and
Pedro Fernandez Navarrete, Conservation de monarquias y Discursos politicos, Michael Gordon, ed.
(Madrid: Institute de Estudios Fiscales, 1982). Among the most important modern studies are J. H.
Elliott, "Self Perception and Decline in Early Seventeenth-Century Spain," and "The Decline of
Spain," in his Spain and its World; Juan Ignacio Gutierrez Nieto, "El pensamiento economico,
16
Introduction
The bulk of this study concerns the 1630s and early 1640s. It begins in 1631,
when Olivares, his eye on France, began pushing for a general levy to man the
garrisons. It ends just before his fall from power, in January 1643, though some of
the material dates from after that time. There is no clear cut-off point, however, and
the political relationships and processes described endured, to some extent, for
many years. The Cortes' importance did diminish, but the juntas were eliminated
only to be re-established, and though Olivares was gone, new validos appeared, first
under Philip IV and then with Charles II. The mutual reinforcement of the nobility
and the Crown, which was so crucial in enabling the latter to raise an army,
survived throughout the seventeenth century. Indeed, Olivares' fall is usually
interpreted as having been a victory for the aristocracy. Cities, too, retained much
of their jurisdiction. So I believe it is safe to say that there was little change insofar
as power arrangements are concerned until the establishment of the Bourbon
dynasty on the Spanish throne in 1700.42
The study begins at the top: with the nature of royal authority. Chapter 1 examines
the workings of the royal councils, juntas, and courts of law, which all intervened in
raising the army. The mobilization machine was made of movable parts government and judicial officials traveling throughout Castile, all armed with legitimate
royal authority. That mobility meant the chain of command could and did change
from day to day, and as a result there were constant jurisdictional disputes
concerning the proper site for giving orders. The first chapter also treats the
Cortes' role in the military effort and their relationship to the Crown and the cities.
In particular, the Cortes exercised control over the millones subsidies and, as part of
the same agreement, over a levy of 18,000 soldiers. An analysis of these two areas
shows that, both ideologically and materially, the Cortes were still of considerable
importance and, in fact, often posed substantial resistance to the Crown.
Chapter 2 begins with an institutional analysis of city government and finance. It
then traces selected cities' resistance to levy orders, underlining the autonomy
enjoyed by municipalities and the possibilities they had for stalling, altering, or
refusing royal orders to recruit soldiers. There follows a discussion of the urban (or
"provincial") militia, a reinvented military organization whose ambiguous jurisdictional status provided for endless conflicts between cities and military authorities.
The chapter closes with a look at the often contentious relationships between cities
and their dependent towns and villages and the frequent efforts by the latter to
bypass their cities and deal directly with the king.
The impact of military levies on seigneurial lands is the subject of chapter 3.
politico y social de los arbitristas," in vol. 26 of Historia de Espaiia, Ramon Menendez Pidal (Madrid:
Espasa-Calpe, 1986); Jean Vilar Berrogain, Literaturay economia: Lafigura satirica del arbitrista en el
Sigh de On (Madrid: Revista de Occidente, 1973); and Pierre Vilar, "El Tiempo del 'Quijote'" in his
Crecimiento y desarrollo.
*" Henry Kamen, Spain in the Later Seventeenth Century (London: Longman, 1980).
17
Introduction
Cortes
Towns
20
Not all writers stress fragmentation over cohesion, however; see Robert Stradling, "Domination and
Dependence: Castile, Spain and the Spanish Monarchy," European History Quarterly, vol. 14 (1984),
who asks if perhaps Ranke's assessment of Spain's government as "unitary" does not deserve more
favorable treatment, seeing that we are "confronted with the now-established fact of the Monarchy's
effective survival" p. 79.
21
Bartolome Yun Casalilla, "La aristocracia castellana en el seiscientos. Crisis, refeudalizacion o ofensiva
politica?" in Revista internacional de sociologia, vol. 45 (January- March 1987); Luis Antonio Ribot
Garcia, "El ejercito de los Austrias: Aportaciones recientes y nuevas perspectivas," Pedralbes, 3
(1983), p. 18.
Mara vail, Estado moderno, 285.
22
From De Potestate civili, cited in J. A. Fernandez-Santamaria, The State, War and Peace: Spanish
Political Thought in the Renaissance 1516155Q (Cambridge University Press, 1977), 74-5. The
previous quote is from the same source. Vitoria was the leading voice of the so-called School of
Salamanca, whose greatest legacy was its theory of political power; other figures were Melchor Cano
(1509-60) and Domingo de Soto (1494-1560). See also Bernice Hamilton, Political Thought in
Sixteenth-Century Spain (Oxford University Press, 1963).
Suarez wrote on the compatibility of the freedom of man's will with the omniscience of God and
argued that political power originated in the people, not the king. Such ideas earned him a
condemnation from the Paris Parlement in 1610. See Jose Antonio Mara vail, La teoria espanola del
estado en elsiglo xvn (Madrid: Instituto de Estudios Politicos, 1944), 324-30.
Juan de Mariana, Del Rey y de la Institucion Real (Barcelona, 1880), 162. On Mariana see Guenter
Lewy, Constitutionalism and Statecraft During the Golden Age of Spain: A Study of the Political
Philosophy of Juan de Mariana, S. J. (Geneva: Librarie E. Droz, i960); John Lynch, Spain 1516-1598
(Oxford: Basil Blackwell, 1991), 284-7.
23
9
10
24
The king issued royal decrees after consulting with his councils, making orders the
outcome of debate rather than of individual caprice. In the seventeenth century
there were thirteen councils: State, War, Indies, Aragon, Italy, Portugal, Flanders,
Finance, Inquisition, Orders, the Holy Crusade, and the two most important:
Castile (also called the Royal Council), and the Chamber of Castile, originally
established as a cabinet of the Council of Castile. Many of their members sat on
more than one council, and the bodies were linked to each other and to the king by
the powerful secretaries (secretarios del despacho), who wrote consultas (internal
memoranda), met with the king and with Olivares, and could even sometimes
convoke meetings. Their "supreme" power was, again, a power granted to them by
11
13
16
17
Elliott says that by the time of Olivares' fall in 1643 there were more than thirty juntas; based on what
I found for the Council of War alone, the total figure must be higher. Elliott, The Count-Duke, 296,
511. Sanchez counted around thirty-eight for the Council of Finance, plus eleven for coinage; her
grand total is 104: Maria Dolores Sanchez, El deber del consejo en el estado moderno: Las juntas ad hoc en
19
20
Espana (Madrid: Biblioteca Historica-Juridica, 1993), 158 n. Tomas y Valiente, in "El gobierno de la
monarquia," says the Council of Finance had more juntas than any other council.
AGS GA, leg. n 54, consulta, 17 September 1636. Elliott says the first reference is January 1637;
Count-Duke, 512. Robert Stradling aptly translates the junta's name as "ways and means:" The
Armada of Flanders: Spanish Maritime Policy and European War, 1568-1668 (Cambridge University
Press, 1992), 96. This junta's predecessor was the Junta de la ejecucion de las prevenciones de la
defensa de estos reinos, established in 1634. See Elliott and La Pefia, eds., Memoriales, vol. 2, 128.
For Gonzalez, see Elliott and de la Pefia, Memoriales, vol. 2, p. 129; Dominguez Ortiz, Politica y
Hacienda, 1723; and Janine Fayard, "Jose Gonzalez (i583?-i668) 'creature' du comte-duc
d'Olivares et conseiller de Philippe IV," Hommage a Roland Mousnier: Clienteles etfidelites en Europe a
Vepoque moderne. (Paris: Presses Universitaires de France, 1981). For Villanueva, one of many
members of his family to serve as a royal secretary, see Elliott and La Pefia, eds., Memoriales, vol. 1, p.
80, and Elliott, Count-Duke, 260,421. Fernando de Fonseca Ruiz de Contreras, marquis de la Lapilla,
who began serving as the king's secretary in 1621, was also secretary to the Council of War.
28
Antonio Rodriguez Villa, ed., La corte y monarquia de Espana en los anos de 1636 y 163/ (Madrid,
1886), 75. The entry is from the week of 17-24 January 1637.
Olivares, Relation politica, 43 v.
See Antonio Dominguez Ortiz, "Los extranjeros en la vida espafiola," Estudios de historia social de
Espana, vol. 4 (i960).
29
26
27
Thompson, War and Government, 78-9. Thompson is referring to a slightly earlier period, but his
analysis is equally valid for the 1630s and 1640s.
AGS GA, leg. 1371, consulta 14 January 1639. A relative of Geronimo de Villanueva, Pedro de
Villanueva had taken over the secretary's post from Juan Lorenzo de Villanueva, yet a third member
of the clan, who died in October 1637.
AGS GA, leg. 1186, consulta Colonels Junta, 3 April 1637.
AGS CJH, leg. 784, consulta 25 January 1638.
30
The king agreed with the suggestion, and so ordered it. But a March 8 consulta from
the Council of Finance indicates the Colonels Junta had not only not complied but
once again had persuaded the king of the merits of the junta's own position. It was
not the first such volte-face on the part of the king, nor was it to be the last.
When the Council of Finance protested against paying for recruitment with
money on which the asentistas had a claim, however, the king invariably saw its
point of view, the financiers being the most crucial and untouchable link of the war
effort. It was far more expedient to pass the cost of the war onto the people through
taxes than to tax the patience of the Crown's creditors. On this point, once again,
the council differed from the Colonels Junta and the corregidores. In April 1640 the
secretary of the council, Juan de Otalora Guevara, wrote the king that five creditors
had complained that their consignaciones, or interest payments drawn on the
millones, were being used by royal officials, and those funds which had not been
used were being frozen. Otalora reminded the king that a 26 March consulta from
the council had relayed a request from the creditors that the corregidores not be
allowed access to the consignaciones or, if they absolutely had to use them, that they
at least not embargo the rest of the money, a practice that "satisfies one at the cost of
hampering ten." If interest payments were meddled with, creditors would lose
confidence in the royal treasury, the council warned. Otalora ended his consulta by
reminding the king that he (the king) had already issued an order in accordance
with the council's wishes. Philip was persuaded by the reminder, and an order went
out on 11 April to the Colonels Junta regarding the embargos. Nine days later the
Junta replied, reminding the king that he had ordered the corregidores to take the
money from wherever they could to raise men because the Council was not
providing the junta with sufficient funds, and that if that order were revoked there
would be no levy.29
There is no documentation of the exact end of the Colonels Junta, which
had essentially overseen recruitment since 1635, but its functions were clearly
subsumed into the Junta de Ejecucion sometime in 1640, and all military administration from that time until Olivares' dismissal was in the hands of the
Junta de Ejecucion. The last reference to the Colonels Junta comes in February
28
AGS CJH, leg. 784, consulta 20 February 1638. Camporredondo, a member of the Order of Santiago,
2Q
also served on the Council of Castile and the Chamber of Castile.
AGS GA, leg. 1344.
31
"The intent and principal goal that the good corregidor must maintain is the cult
and observance of justice . .. Without justice, the commonwealth will soon come to
an end." So wrote Castillo de Bovadilla, whose words were echoed some twenty
years later by Don Quixote, whose advice to Sancho Panza, the newly appointed
governor of an island, dwelt exclusively on the acts of justice Sancho should
undertake.35 Spanish thinkers of the seventeenth century believed justice was the
30
32
33
34
35
3I
AGS GA, leg. 1258, consulta 18 February 1640.
AGS GA, leg. 1334, consultas 20 May 1640.
The count, who was the son of Olivares' brother-in-law and the uncle of Luis de Haro, Olivares'
eventual successor, served on the councils of Indies, Castile, Orders, and State. Elliott and La Pena,
Memoriales, vol. 2, 114 n. 6.
AGS GA, leg. 1615, in BCM Aparici 5704, consulta Junta de guerra, 18 June 1648; AGS GA, leg.
1691, in BCM Aparici 5392, "Relation de la gente," 1648.
See Kamen, Spain in the Later Seventeenth Century.
Castillo de Bovadilla, Politic a, 2, 2, 262-3; Miguel Cervantes, El Ingenioso Hidalgo Don Quijote de la
32
37
Mancha, ed. Luis Andres Murillo (Madrid: Clasicos Castalia), 2, ch. 42.
Richard Kagan, Lawsuits and Litigants in Castile (Chapel Hill, 1981), 35; Antonio Dominguez Ortiz,
Las clases privilegiadas en el antiguo regimen (Madrid: Ediciones Istmo, 1973), 13, says there were
twenty jurisdictions in Seville, though he gives no date.
See Ignacio Atienza Hernandez, Aristocracia, poder y riqueza en la Espana moderna (Madrid: Siglo
Veintiuno, 1987), 171, for a chart of the seigneurial justice system; Nader, Liberty, 145, for a chart of
the Castilian judiciary; and Kagan, Lawsuits, ch. 2.
33
Jose Luis de las Heras Santos, La justicia penal de losAustrias en la Corona de Castilla (Universidad de
Salamanca, 1991), 68; see 65-79 f r a useful overview of the origins and functions of the Chancilleria.
See, for example, AMB, Sec. Hist. 3113.
34
42
43
44
35
46
Ibid.
AGS GA, leg. 1401, letters 7 August 1641.
AGS GA, leg. 1405, Andres Florez de la Parra to king.
36
38
56
39
40
63
26 September 1637 auto, Autos acordados, vol. 2, 6, 24 (1745; Valladolid: Lex Nova, 1982, facsimile
6l
edn). Quoted in Villalba, La administration, 145.
AGS GA, leg. 1259, bando 4 March 1639.
AGS GA, libro 176, cedula real 16 August 1639. It is worth noting that this is the Council of State's
only appearance in the matter of military recruitment, although Castrofuerte probably intervened
here as a member of the Junta de Ejecucion.
See AGS GA, leg. 1334, for several registration orders from early 1640.
41
The Kingdom assembled in Cortes (el Reino junto en Cortes) was, during this
period, the site of frequent resistance against the king, the motives for which may
not have been directly related to the military tasks at hand but which nonetheless
could compromise or alter the war burden borne by towns and cities. The Cortes of
Castile, which emerged in the late twelfth century, at one time included representatives of as many as 100 towns, but by the fifteenth century the number had
dwindled to eighteen cities, which claimed to speak for the entire kingdom. The
cities were Leon, Zamora, Toro, Valladolid, Salamanca, Burgos, Soria, Segovia,
Avila, Guadalajara, Madrid, Cuenca, Toledo, Jaen, Cordoba, Seville, Granada, and
Murcia.66 When measures were proposed in the Cortes of 1538 to end the nobles'
tax exemption, the nobility and the clergy withdrew, and neither estate ever
returned. The kingdom was the cities.
Reino is an ambiguous term. It can signify either the territory over which the
king ruled, or the political representation of that territory - the Cortes - or both.
Indeed, most of the disputes discussed in the following pages ultimately hinged
upon the definition the participants gave the term and their understanding of who
the Cortes spoke for. The assembly of representatives {pro curadores) from each of
Castile's cities was an active and significant participant in taxation and in corollary
recruitment measures. It was both the representative body for the cities of Castile
and the enforcer of royal warrants which often violated the cities' will. The
significance of the Cortes' role in military recruitment lies in this dual nature as
participant and enforcer, as representative and executive. It is difficult to say
64
66
6s
Castillo de Bovadilla, Politica, 4, ch. 2, 404.
De las Heras, La justicia penal, 119-24.
They were joined in 1623 by the region of Galicia, which finally had freed itself from the tutelage of
Zamora. Galicia, Murcia and the Andalusian cities are, for the most part, excluded from this study.
The Portuguese Cortes continued to gather representatives from some ninety cities as late as the
seventeenth century, though they were ranked by importance. See Antonio Manuel Hespanha,
"Cities and the State in Portugal," Charles Tilly and Wim P. Blockmans, eds., Cities and the Rise of
States in Europe (Boulder, Co.: Westview Press, 1994), 191.
42
69
71
72
According to Felipe Ruiz Martin, one of the conditions imposed during the Cortes session of 1592-98
was that the money "would be spent on national defense, and national defense was understood to
mean the kingdoms of Castile." Unfortunately he gives no source for this interesting observation, and
I have been unable to confirm it. Felipe Ruiz Martin, "Hacienda y grupos de presion en el siglo xvn,"
Estado, hacienda y sociedad en la historia de Espana (Valladolid: Instituto de Historia Simancas,
Universidad de Valladolid, 1989), 99.
Jose Ignacio Fortea Perez, Monarquia y Cortes en la corona de Castilla (Cortes de Castilla y Leon,
1990), 27198, esp. 274-81.
Actas de las Cortes de Castilla (ACC), vol. xv, 168. Quoted in Modesto Ulloa, La hacienda real de
Castilla en el reinado de Felipe II (Madrid: Fundacion Universitaria Espafiola, 1986), 331.
44
76
Lorraine White, "War and Government in a Castilian Province: Extremadura 1640-1668" (Ph.D.
thesis, University of East Anglia, 1985), i n .
ACC, vol. 11, 339. Quoted in Ulloa, La hacienda real, 321.
The following discussion of the administration of the millones is based on Jose Ignacio Ruiz
Rodriguez, "Estructura y recaudacion del servicio de millones 1590-1691," Hispania, vol. 52/3, 182
(1992), and "La recaudacion territorial del servicio de millones (Toledo y el distrito de Villanueva de
los Infantes)," Adas, II Reunion cientifica de la Asociacion de Historia Moderna (Murcia, 1992), by the
same author.
AGS CC, oficios, leg. 37. Quoted in Ruiz Rodriguez, "Estructura," 1082.
45
46
85
47
the king
archbishops, bishops (32)
grandees and titles (241)
comendadores (163)
order of St John
councils and tribunals
churches, cathedrals
universities
military convents (4)
abbeys and priories (19)
monasteries
the Mesta
Seville Consulado, Contratacion
cities and town councils
soldiers
ducats/year
5,000
208
327,272
16,625
104,661
55,636
6,545
53,494
13,614
34
2,22589
20
!,3O9
2,160
13,090
!,963-5
33,38i
548,78i
254
i,59988
850
100
817
33
200
30
5io
8,375
The distribution to cities and towns was based, the Council of Castile said, on one
soldier for every 100 vecinos (except for towns with fewer than 200 vecinos, which
87
88
89
48
92
49
95
97
99
ACC, vol. 50, 138. In the line-item breakdown of the millones (ACC, vol. 51, 2-5), exactly 548,781
ducats were set aside for the garrisons, indicating that money from the other contributors was to go
toward other items or that their contributions never materialized. Maravall comments on the use of
the plural reinos: "The expression 'reinos' alludes to the parts that, in perfect unity, make up the body
of the Monarchy, and is just a purely terminological leftover from ancient peninsular pluralism."
Maravall, La teoria espanola, 345.
ACC, vol. 51, 33, from the "Escritura que el Reino otorgo del servicio de los quatro millones en cada
g6
uno de seis afios." These conditions take up over 100 pages in the minutes.
Ibid, 34.
Ibid, 179. The Reino had no authority to collect tax monies without a royal warrant having previously
98
been issued to that effect.
Ibid, 184, 289.
I0
ACC, vol. 49, proceedings of March 1632.
Elliott, Count-Duke, 440.
50
ACC, vol. 52, 95. "Yrazabal" was Francisco de Andia Irarrazabal y Zarate, Marquis del Valparaiso,
who would later become the Viceroy of Navarre and governor of Galicia.
Ibid, 120. For cedulas concerning Centurion's asiento, see AGS CS (2) leg. 335.
AGS CS(2), A#. 331.
AGS CS(2), leg. 335, libranzas 16 September 1632; AGS CS(2), leg. 331, cedula 25 September 1632.
Just one day after the millones had gone into effect, on 2 August, the king had ordered all relevant
local officials to cooperate, which obviously they were not doing.
51
ACC, vol. 53, 183. See also Elliott, Count-Duke, 459-82 on Ferdinand's journey.
ACC, vol. 53, 240-6.
Ibid, 350. The minutes contain no further mention of the Infante's army, which, of course, did
eventually go to Flanders.
52
Ibid, 4589, 464-71; ACC, vol. 55, 21, 31, 40, 63, 75.
Eliott and La Pena, Memoriales, vol. 2, 109-15.
110
AGS GA, leg. 1095. There are three such lists, each with slightly different figures: "Relacion de la
vecindad que hay en las provincias... ", "Relacion de los soldados que toca... ", and "Tanteo de los
soldados que tocan . . . "
u
in p rO p OS j c ion que Su Magestad embio al Reyno . . . " All the documents referred to in the following
discussion come from AMT Milicias, caja 10. Presumably all other cities also received them.
109
53
54
116
Felipe Ruiz Martin, "Palencia en el siglo xvn," Actas del I Congreso de Historia de Palencia
(Diputacion de Palencia, 1987). Guillermo Herrero Martinez de Azoitia, "La poblacion palentina en
los siglos xvi y xvn," Publicaciones de la Institution Tello Tellez de Manises, 21 (1961), estimates the
1631 population of Palencia to have been 5,000 inhabitants.
Self-defense would seem to be a good reason for not burdening a town with further levies, but orders
to both Zamora and the Extremaduran towns indicate otherwise. In March 1642, during the war
with Portugal, Trujillo successfully appealed its illogical garrison quotas, which would have sent
four soldiers to Catalonia and five to Cadiz. White, "War and Government," 77. The following
discussion of the Zamora city council is taken from AHPZ, Libros de Actas, 33 fols. 46 v, 81 v-99.
55
interjected another warning to stop protesting and instead vote. More objections
followed: Don Diego de Altamirano reiterated that the thirty soldiers amounted to
a new service that should not be implemented until the city consulted directly with
the king. Antonio Vazquez declared that the city had lodged a demand in the
Chancilleria for the corregidor to accept the will of the majority, and furthermore
that the king's order from 17 April had not been shown to him. This was too much
for the corregidor, who ordered Vazquez to immediately face afineof 500 ducats or
admit that he had indeed seen the king's and the Cortes' orders and that the rest of
the regidores had been witnesses. Vazquez confessed that yes, he had seen the
orders, but because it was a new service he thought the king had to be consulted
first, given the shortage of men in the city. The round continued, and once again
the levy was rejected by the majority.
Out came another auto. Despite having received a warrant from the king, orders
from the Millones Commission, and the previous auto, the gentlemen councillors
had not obeyed, they were still delaying, and they had "insulted the said Millones
Commission." As a result, the corregidor declared the council chambers to be a
prison, in which ten of the seventeen councilmen present were to remain until they
relented. Another round of statements ensued, in which four of the captive regidores
stated that they would allow the appointment of commissioners for the thirty
soldiers but specified they were doing so under duress. With that, the corregidor had
a majority of eleven in favor and six opposed. He ordered the recalcitrant six out to
the hallway while the rest of the council figured out how to organize the levy of
thirty infantry, after which the holdouts were to return to the chambers and stay
there until they paid the fines he had imposed on them.
Zamora's disobedience continued, usually conducted from the relative safety of
legal precedent. In January 1639 one of the Crown's ubiquitous captains appeared
56
Il8
AHPZ, Libros de Actas, 34, fols. 10-15.
Ibid, fols. 35 v-45 v.
"9 Ibid, fol. 155.
Rodriguez Villa, ed., La cortey monarquia, 13, entry for 20 January 1636; Memorial Historko Espanol:
(Madrid: Real Academia de la Historia, 1862), vol. 13, 437, entry for 24 June 1636.
57
Felipe Ruiz Martin, "Las finanzas de la monarquia hispanica en tiempos de Felipe IV," discurso
leido el dia 21 de octubre en la Real Academia de la Historia (Madrid, 1990), 103-4.
AMB, Sec. Hist. 2794, "Traslado de una cedula de Su Majestad," 11 July 1638.
Ruiz Martin, "Las finanzas," 109; Artola, La hacienda, 116; ACC, vol. 56, 75-80, 169, 197; AMT
Milicias, caja 7; Hilario Penasco de la Puente, Las Sisas de Madrid (Madrid, 1890), 20.
See Artola, La hacienda, 4701 and 116, the latter an instructive chart of the overlapping subsidies.
ACC, vol. 56, 52.
58
CONCLUSION
Juntas, councils, corregidores, magistrates, and courts, all wielding royal warrants,
all spoke in the king's name as his surrogates. But such jurisdictional cacophony
meant it was never really clear who spoke with the most authority in a given
situation, an ambiguity which made it not only easy to ignore or disobey orders, but
fully justifiable. Refusing an order in deference to another order or to an allegedly
violated chain of command transformed insubordinacy into an act of loyalty, or at
least it offered loyalty as an alibi. Because the mobilization machine was made up of
highly movable parts, of Crown and judicial officials all armed with legitimate
authority, the chain of command could and did change from day to day. When it
126
127
AGS CS(2), leg. 335, libranzas 26 October 1643, showing each city owing Centurion 507, 268
maravedis; ACD, leg. 124, "Relacion de las concesiones de millones . . ., " 1638-43.
ACC, vol. 56, 313-79.
59
To a greater or lesser degree, even as the relative powers of the Crown, Cortes,
and cities waxed and waned, the millones agreements, on which the garrison levies
were based, implied the active participation and consent of the Reino junto en
Cortes. The form and language of the agreements allowed for the possibility of
resistance by cities or procuradores. The threat of resistance is often as potent as
resistance in fact. The capitulos de millones did not always grant the kingdom
effective power, but they could do so.
In a broader context, this discussion of the Cortes' intervention in military
recruitment has shown two things: the importance of jurisdiction in defining policy
and setting limits to authority; and, more significantly, that raising an army lay in
the realm of mutual obligation between king and vassal, between rey and reino, a
matter of both justice and government. The explicit link between soldiers and
millones made this more obvious. The king's military needs had transformed the
customary obligation of service into a contractual transaction, and the degree to
which the contract was upheld shed light on the relative political advantages the
three powers - cities, Cortes, and Crown - reaped from the crisis. When Philip
accepted the Cortes' 1638 offer to pay for 6,000 (later 8,000) soldiers, he said the
agreement should "take effect as a mutual contract, reciprocal and obligatory, made
and granted among parties."128 Recruitment was thus regarded as one more aspect
of the reciprocity that was supposed to underly the relationship between ruler and
ruled. Of course, the king's wording cannot be taken too literally. Ultimately, a
corregidor, in the name of the king, could and did lock up regidores until they
buckled under. The king, then, could always have the last word, but there were
many meaningful words spoken beforehand.
128
" . . . quiero que tenga fuerza de contrato mutuo, reciproco y obligatorio, hecho y otorgado entre
partes." AMT Milicias, caja 7, "Traslado de una cedula . . ., " 11 July 1638. See also ACC, vol. 56,
76.
60
Castile was an urban landscape in which a handful of cities spoke in the Cortes for
the whole region and, as Helen Nader has pointed out, where everyone lived in a
city, a town, or a village. Castilians' responses to military recruitment and the
recourses they used to delay, alter, or alleviate the burden, were therefore defined
by the social and jurisdictional confines or possibilities of their municipality,
whether it was royal (realengo) or seigneurial. Negotiation over levies brought to
light the limits and capacities of the municipality, the relative weight of its claims
against those of other institutions, and the arguments it deemed important for
establishing its rights.
We do not know what proportion of Castilians lived on realengo lands, though
the figure of thirty percent is often accepted.1 This included inhabitants of the
thirteen Cortes cities in the area under consideration, the cities' subject towns,
those towns' subject villages, and towns that had attained their own liberty. It has
also been estimated that eighty percent of Castilians lived in towns and villages
(both realengo and seigneurial), and the remaining twenty percent lived in the
cities.2 All municipalities were aware that they were losing inhabitants at an
alarming rate; the demographic crisis of the first half of the seventeenth century
reduced Castile's population by nearly twenty-five percent from the 1590s to
mid-century, from 6,600,000 to around 5,000,000. Burgos' population during that
period plunged from 10,500 inhabitants to just 2,700; Toledo's loss was even
greater, from 80,000 to 10,000. The great plague at the turn of the century alone
killed an estimated ten percent of all Castilians. Echoing the alarmed warnings of
Spain's prolific treatise writers, the arbitristas, virtually all towns and cities framed
their appeals against recruitment orders with images of shops with no customers,
Thompson, War and Government, 65, citing similar figures from Vicens Vives and Dominguez Ortiz.
Nader, Liberty, p. 3. She cites Miguel Angel Ladero Quesada for this figure. A lower estimate is
offered by Juan E. Gelabert, "Urbanisation and Deurbanisation in Castile, 1500-1800." I. A. A.
Thompson and Bartolome Yun, eds., The Castilian Crisis of the Seventeenth Century (Cambridge
University Press, 1994), 183, who, by using the criteria of Jan de Vries, comes up with 11.4 percent
city dwellers in 1600.
6l
CITY HALL
The Crown's need for soldiers was transformed into an army through the financial,
political, and administrative capacities of cities and towns. The corregidor, the
king's representative on a city council, received royal orders to raise soldiers and
then passed them on to the council. (Recruiting captains, who worked for noblemen
or as private contractors and had commissions to raise a certain number of men,
presented their royal patent directly to the city council.) The ayuntamiento, in turn,
distributed the responsibility of a particular levy among towns, ordered lotteries,
raised the necessary funds for feeding and housing soldiers until their departure
and then for their transport, and generally served as the interlocutor between the
Crown and both the eventual cannon fodder and their social betters. Town councils
defended their interests to the cities, which in turn informed the Crown and then
usually tried to force the towns to submit. Villages had the same relationship with
towns. Each level had a council and judiciary (or, in the case of some villages, just a
couple of alcaldes), which also could appeal directly to the king for redress from
unreasonable demands from the next-highest level.
Along with the burdens that military recruitment entailed there were also
considerable potential benefits for cities: the power to comply or not, to delay, to
negotiate orders, to assert privilege, to impose sales taxes, to cleanse towns of
In addition to disease, the population decline can be attributed to lower birth rates, internal migration,
warfare, emigration, and the expulsion of the Moriscos. John Lynch, The Hispanic World in Crisis and
Change i^g8ijoo (Cambridge, Mass.: Basil Blackwell, 1992), 175-8; Paul Hiltpold, "Noble status
and urban privilege: Burgos, 1572." The Sixteenth Century Journal, vol. 12, no. 4 (1981), 27; David R.
Ringrose, Madrid and the Spanish Economy, 1560-1850 (Berkeley: University of California Press,
1983), 373; Nadal, La poblacion espanola; Vicente Perez Moreda, Las crisis de mortalidad en la Espana
interior, siglos XVI-XIX (Madrid: Siglo Veintiuno, 1980).
62
For general discussions of city administration, see Centre National de la Recherche Scientifique, Les
elites locales et Ve'tat dans VEspagne moderne (Paris: CNRS, 1993); Francis Brumont, "Le pouvoir
municipal en Vieille-Castille au siecle d'or." in Bulletin hispanique, vol. 87 (1985); Fortea Perez,
Monarquia y Cortes, 183206; Benjamin Gonzalez Alonso, "Sociedad urbana y gobierno municipal en
Castilla" in his Sobre elestadoy la administracion de la Corona de Castilla en elantiguo regimen (Madrid:
Siglo Veintiuno, 1981); Adriano Gutierrez Alonso, Estudio sobre la decadencia de Castilla (Valladolid,
1989), 295-330; Mauro Hernandez, A la sombra de la Corona: Poder localy oligarquia urbana (Madrid
16061808), (Madrid: Siglo Veintiuno, 1995); Hiltpold, "Noble Status;" Bartolome Yun Casalilla,
ed. and intro. to Jose Ruiz de Celada's Estado de la bolsa de Valladolid (Universidad de Valladolid,
1990), 19-32.
Gutierrez Alonso provides a list of the purchasers of Valladolid council seats and the price they each
paid: Estudio, 313-4. There is a great deal of literature on the purchase of office during the reign of
Philip IV. In particular, see Antonio Dominguez Ortiz, "La venta de cargos y oficios publicos en
Castilla y sus consecuencias economicas y sociales." in his Instituciones y sociedad en la Espana de los
Austrias (Barcelona: Ariel, 1985); Janine Fayard, Les membres du Conseil de Castille a Vepoque moderne
(1621-1746) (Geneva, 1979); Benjamin Gonzalez Alonso, "El Conde Duque de Olivares y la
administracion de su tiempo." in Elliott, ed. La Espana, 303-11; and Francisco Tomas y Valiente,
"Ventas de oficios publicos en Castilla durante los siglos xvn y xvm" in his Gobierno e instituciones en la
Espana del antiguo regimen (Madrid: Alianza Universidad, 1982).
63
64
For Olivares, this failing was a manifestation of the broader problem offalta de cabezas, the lack of
adequate leadership which so obsessed the valido; see Elliott and de la Pefia, eds., Memoriales, 162-4.
Castillo de Bovadilla, cited by Gonzalez Alonso, El corregidor, 212, 208. Castillo de Bovadilla was a
magistrate in several corregimientos, the Cortes, and the Chancelleria. See Francisco Tomas y
Valiente, "Castillo de Bovadilla: Semblanza personal y profesional de un juez del Antiguo Regimen"
in his Gobierno e instituciones.
Gutierrez Alonso, Estudio, 299; Fortea, Monarquia y Cortes, 320; Gonzalez Alonso, El corregidor, 211.
65
14
15
Fortea traces these harsh measures to the sixteenth-century millones debates, and he further remarks
that Philip II was less inclined to resort to coercion than were the corregidores. (Monarquia y Cortes,
200, 312-27). The Cortes repeatedly protested such attacks on regidores: see Gonzalez Alonso, El
corregidor, 209.
See I. A. A. Thompson, "Taxation, Military Spending and the Domestic Economy in Castile in the
later Sixteenth Century" in his War and Society in Habsburg Spain (London: Variorum, 1992) in
which he refutes the notion that Castilians had been crushed by taxation. By the 1630s the country
was approaching fiscal exhaustion, but no more so than the rest of Europe. Furthermore, he says,
military spending could actually favor certain regions, most notably the periphery, where the
garrisons were located. For an overview of Spain's wartime finance, see Thompson's "Money,
money, and yet more money!" Finance, the fiscal-state, and the military revolution: Spain 15001650." in Clifford J. Rogers, ed., The Military Revolution Debate: Readings on the Military Transformation of Early Modern Europe (Boulder, Co. Westview Press, 1995).
In this regard see Yun, Estado de la bolsa, 29-32. For a well-documented study of the relationship
between Crown debt and municipal finance see Jose Ignacio Martinez Ruiz, Finanzas municipals y
credito publico en la Espana moderna: La hacienda de la ciudad de Sevilla 1528-1768
66
(Seville:
17
18
Joseph Laynez, El privado christiano (Madrid, 1641), 211-20, cited by Charles Jago, "Taxation and
political culture in Castile," Kagan and Parker, eds., Spain, Europe, 62. See Fortea, Monarquia y
Cortes, 303-12, 497-503 for examples of how these debates divided councils and communities in the
late sixteenth century.
Ronald Cueto Ruiz, Quimerasy Suenos: Los profetas y la monarquia catolica de Felipe 7F(Valladolid,
1994), who cites MemorialHistoric0, vol. 17, 27-8. Members of the junta included many of the figures
who appear in this study, including the counts of Castrillo, Chinchon, and Onate, Antonio de
Alarcon, Antonio de Contreras, and the king's confessor, Padre Antonio de Sotomayor.
AHML Libro de Actas, no. 24, 31 March 1635. Presumably, other cities received similar orders. See
David Vassberg, Land and Society in Golden Age Castile (Cambridge University Press, 1984), 21-6 for
a discussion of propios, which were, in general, any income-producing municipal properties such as
land, mills, taverns, mines, etc.
67
A G S G A , leg. 1165, " R e l a t i o n d e los generos d e arbitrios . . . " Originally signed b y Matias
F e r n a n d e z de Zorilla o n 5 M a r c h 1636.
AHPA, Libro de Actas 36, fol. 55. This discussion is drawn from city council minutes.
68
69
27
28
29
AV, 3-418-8
AGS GA, leg. 1261, relation, Colonels Junta; AHN, leg. 4427, no. 92, Camara de Castilla to Olivares,
24
May 1639.
AHMP, Libros de Actas, 8 January and 20 April 1639.
AMBC, Libros de Acuerdos, 40, fols. 66; AGS GA, leg. 1148.
AHMV, Libros de Actas, 15 November 1637; Adriano Gutierrez Alonso, "Un aspecto poco conocido
. . . " in Investigaciones historicas, no. 6 (1987), 30. All sisas on wine in Valladolid were leased out to the
powerful Gremio de Herederos de Vinas, dominated by regidores and the clergy. The latter, in
particular, were accused of claiming artificially high rates of consumption, meaning they not only did
not pay the sisa but they benefitted from it. Adriano Gutierrez Alonso, "La crisis del siglo xvn en
Valladolid." Valladolid en elmundo (Valladolid: El Mundo, 1993), 199.
AMT Milicias, caja 19, copy of city council minutes, 13 November 1643.
Felipe Ruiz Martin, "Procedimientos crediticios para la recaudacion de los tributos," Dineroy credito
(actas) (Madrid, 1978).
See Jose Manuel de Berardo Ares, "Fiscal pressure and the city of Cordoba's communal assets in the
early seventeenth century," Thompson and Yun, eds., The Castilian Crisis, for an account of how a
city's elite could profit from arbitrios to the detriment of a city's dependent towns and villages.
70
31
32
33
AMB, libros de actas, 12 July, 25 October 1635. For the mechanics of buying and selling from the
posito in late sixteenth-century Toledo see Linda Martz, Poverty and Welfare in Habsburg Spain: The
Example of Toledo (Cambridge University Press, 1983), 138-9 and 145-6.
AGS GA, leg. 1148, ayuntamiento to king, July 1636.
Ringrose, Madrid and the Spanish Economy, 170. The ayuntamiento itself in 1635 determined there
were just 800 vecinos, down from 5,800, 4,000 of them de caudal, in 1575; see AGS GA, leg. 1149,
undated memorial from city to king. For slightly different figures, a 1564 census showed there were
3,604 vecinos; in 1646 there were just 600; Hiltpold, "Noble Status." 27. Hiltpold quotes Antonio
Dominguez Ortiz, La sociedad espanola en elsiglo xvn (Madrid: CSIC, 1963) for the latter figure. On
the decline of the Burgos economy see Hiltpold, "Politica paternalista y orden social en la Castilla del
Renacimiento." in Cuadernos de Investigacion Historica BROCAR, no. 13 (1987).
AMV, Libros de Actas, 17 October 1636, 12 July 1638.
71
35
36
37
38
See Thompson, "Cortes, Cities." 48-50 for procuradores1 investments in bonds, and Janine Fayard,
Les membres du Conseilde Castille a Vepoque moderne (Geneva: Librairie Droz, 1979), 397-405 for that
of members of the Council of Castile.
Bartolome Yun Casalilla, Sobre la transition al capitalismo en Castilla. (Valladolid: Junta de Castilla y
Leon, 1987), 381.
ARCV DM SG, cajas 39,49, 50, 52, 54, 60. The remaining seven censos were taken out by lawyers, an
architect, a confraternity, clergymen, and a widow. The thirteen loans were not necessarily the only
ones taken out during this period. The Crown in 1642 granted Valladolid a moratorium on interest
payments, a measure which eighteenth-century historian Jose Ruiz de Celada reported was opposed
by some creditors, though he provided no names. See Gutierrez Alonso, "Un aspecto." 23; Gutierrez
Alonso, Estudio, 384; Ruiz de Celada, Estado de la bolsa, 181-5.
Gutierrez Alonso, "Un aspecto." 27.
AGS GA, leg. 1274, "Relation del gasto .. .," 1639. Papel sellado was stamped paper for documents;
the media anata, instituted in 1631, was the payment to the Crown of half a year's salary during the
first year an office was held, excluding ecclesiastical posts. The total amount spent on the one-percent
levies was between 350,000 and 450,000 reales, accounting for discrepancies in the arithmetic or
copying.
72
A month before war broke out with France, the king, anticipating that he might be
going to war himself, had ordered all cities, towns, grandees, and churches to raise
troops to accompany him. His edict reflected how little the Crown knew about its
own population, its haphazard approach toward raising an army, and the degree to
which the king depended upon the municipalities.
The enemies of the Crown, the king told his vassals, were preparing to attack by
sea and by land, "trying to bring war to these kingdoms to infest them and prevent
my arms from defending the Catholic religion, which is my first obligation." In
order to meet this challenge, he said, he needed all towns and cities to "mobilize the
39
Gutierrez Alonso, "Un aspecto," 18. The middleman was the receptor de sisas y pagador de censos, a
figure that probably also existed in other cities.
73
41
AGS GA, leg. 1148, ce'dula real 28 April 1635, copied in testimony by the notary of Becerril de
Campos (Palencia) on 28 June 1635. The same text appears copied in other legajos and minutes. The
Junta de la Defensa's discussions regarding the advisability of requesting this service of the cities can
be found in a December 1634 consulta in AGS GA, leg. 1099.
AGS GA, leg. 1131, Cities Junta papers from June to August 1635; AGS GA, leg. 1166, scattered
papers from February and March 1636; AGS GA, leg. 1152, scattered papers.
74
43
44
45
Palencia: AGS GA, leg. 1148, city to king, 8 May and 19 June 1635. Plasencia: AGS GA, leg. 1148,
city to king, 9 May 1635. Toledo: AGS GA, leg. 1148, city to king, 25 May 1635; AMT Libros de
Actas, 21 May 1635, AGS GA, leg. 1131. Tordesillas: AGS GA, leg. 1148, 16 May 1635. Aranda:
AGS GA, leg. 1148, 10 May 1635. Valladolid, Arevalo, Trujillo: AGS GA, leg. 1166.
AGS GA, leg. 1124, 15 July 1635.
AGS GA, leg. 1146, Lie. Geronimo de Ledesma to Pedro Coloma, 24 July 1635
AGS GA, leg. 1149, corregidor to king, 8 November and 20 November 1635. There is evidence in
these documents and elsewhere that many town officials were lax in enforcing the embargo against the
French; see Dominguez Ortiz, "Los extranjeros."
75
48
The corregidores of Valladolid had less responsibility than their colleagues in other cities because of
the presence in the city of the royal tribunal, which superimposed royal over municipal jurisdiction.
AGS GA, leg. 1149, letters to and from Queipo de Llano, the king and Villanueva; also AMV, Libros
de Actas. All discussion of this levy in Valladolid, from October to December, is drawn from these
sources.
A vestido was probably less a uniform than a decent set of clothes that would last a few months.
76
AGS GA, leg. 1166, letters and testimony from October 1635 to March 1636. Discussion of this
incident is drawn entirely from this legajo.
11
AGS GA, leg. 1165, archbishop of Granada to king, December 1636. The levy order, issued 17
December 1636, appears copied in many legajos and minutes.
AGS GA, leg. 1172, archbishop to king, 26 September 1636.
78
AGS GA, leg. 1207, letters archbishop of Burgos, archbishop of Granada, Corregidor Pedro
Guerrero, Colonels Junta; November 1636May 1637.
AGS GA, leg. 1207, letters Corregidor Vicencio Vecaria, January-March 1637.
Zamora's population in 1635, according to zfacultad de sisa in AGS GA, leg. 1406, was 930 vecinos,
which roughly agrees with Jose Carlos Rueda Fernandez's estimate of 989 vecinos in 1637, down from
2,200 vecinos in 1591; see his "La ciudad de Zamora en los siglos XVI-XVII: La coyuntura demografica." Primer congreso de historia de Zamora (Actas), vol. 3 (Zamora, 1991). On the thirty-six men
raised, see AGS GA, leg. 1199, 17 September 1637 letter from Vicencio Vecaria.
79
Disputes between cities and the Crown over financing, provisioning, and maintaining the militia were, in many ways, similar to those that arose as a result of the Levy
55
AGS GA, leg. 1211 relation, 18 April 1637. The numbers of men sent (and arrived): Valladolid 30,
Segovia 24, Avila 50 (46), Zamora o, Palencia 95, Salamanca 40, Toro 0, Burgos 132, Leon 0, Toledo
27 (20), Asturias 200. Another list, drawn up in March 1637, in AGS GA, leg. 1207, shows Leon had
sent twenty-seven men by 22 January and had raised all fifty by 5 February. Companies from Zamora,
Salamanca, and Burgos all eventually arrived in La Coruna, and it is possible the other companies did,
too. The junta's position here appears disingenuous, as it had previously opposed the Council of
Finance, which advocated retaining funds until the men's arrival, instead arguing that companies
would fall apart if corregidores were unable to pay them from the start. AGS GA, leg. 1186, consulta 3
April 1637.
80
On the origins and history of the municipal militia, see Ramon Carande, Carlos Vy sus banqueros: La
vida economica en Castilla (1516-1556), 2nd. edn (Madrid: Sociedad de Estudios y Publicaciones,
1965), 13-24; vol. 2, Jose Contreras Gay, "Las milicias en el antiguo regimen. Modelos, caracteristicas generates y significado historico." Chronica Nova, no. 20 (University of Granada, 1992); J. F.
Powers, A Society Organized for War: The Iberian Municipal Militias in the Central Middle Ages,
1000-1284 (Berkeley: University of California Press, 1988); Thompson, War and Government,
57
AGS GA, libro 187, ucedula de preheminencias a la gente de milicias." 1 September 1625.
AGS GA, leg. 1120, consulta Council of War, 14 November 1635. See also 1632 correspondence in
AGS GA, leg. 1067.
58
i2i-45-
81
61
66
83
84
85
73
74
86
AGS GA, leg. 1387. Among the cities: Toledo, 1,913; Madrid, 2,022; Valladolid, 399; Leon, 2,166;
Zamora, 836; Burgos, 669; Salamanca, 683.
77
AGS GA, leg. 1441, unsigned and undated report, 1642.
AGS CS(2), leg. 108.
AGS GA, leg. 1255, consulta Council of War, 23 March 1639.
AGS GA, leg. 1278, Antonio de Contreras to king, 9 March 1639; AGS GA, libro 181, cedula real, 4
October 1639.
87
80
81
82
83
84
89
91
See Juan Antonio Bonachia, El senorio de Burgos durante la baja edad media (Valladolid, 1988).
/fa/, 251.
AGS GA, leg. 1149, Alonso Martinez to Burgos. Burgos had purchased the partido of Juarros y La
Mata in 1568 in order to increase its propio income, though the maneuver turned out to have negative,
rather than positive, financial results; see Hiltpold, "Noble Status," 28-30.
AGS GA, leg. 1148, "Relation ajustada de todas las compafiias," April 1636.
QO
The argument directly contradicted that put forth in 1635, when Juarros had
wanted a reduction of its six-man levy. Then, the procurador, after describing the
town's great poverty, had appealed to Burgos' propriety sense: "I ask and I beg, as
[you] are so concerned about the suffering or welfare of the said juntas and their
villages, due to the right you enjoy over them . . . "93 Now, four years later, the
alcaldes of the villages told the Council of Castile,
the vecinos who make up this Junta de Juarros y La Mata are vassals of His Majesty, and all
that corresponds and belongs to the city [su senorio] is to place and appoint a judge, and not
issue such orders, unless they are issued with an express royal warrant from His Majesty that
specifically speaks to the said Junta . . . 94
The Burgos city council argued that Juarros had an obligation to supply soldiers,
citing the fact that it had been done in the past. A copy of a 1597 order from Philip
II to the corregidor of Burgos which explicitly listed Juarros (and Mufio) among the
towns that should contribute to a company of 250 men, was among the documents
two Burgos regidores delivered to the villages. The example was entirely irrelevant,
Capacho retorted; the town was required to respond only to a royal order on
properly stamped paper explicitly naming the two regidores and the town, not the
"so-called order" it had been given. The 1597 order corresponded to different
purposes and different people, "and such matters are of strict law and cannot be
extended from person to person or from case to case."95
The question of who had the right to deliver orders to the town, and what those
orders should look like, was one of two key issues; the other concerned the rules of
litigation. Juarros already had a suit against Burgos pending before the Council of
Castile concerning Burgos' attempts to collect the donativo. According to Juarros,
the Council of Castile had issued orders that the town was not to be bothered with
more demands until that suit was settled. The town furthermore argued that it
would not be proper for what was essentially the same dispute to be heard by
another tribunal, i.e. by the Burgos corregidor, an argument it presented before the
Council of Castile, appealing to the council's own sense of judicial jurisdiction.
On 21 October lawyers for both sides presented their written arguments. Among
other things, the city's lawyer, seeming to agree with the towns, said the "so-called
Juntas de Juarros y La Mata" had committed a crime in appealing to the corregidor,
a lower judge, while their previous case was pending before the Council of Castile.
92
94
Statement by Capacho, 11 October 1639, included in the legal autos of the lawsuit, AMB, Sec. Hist.,
93
no. 3163.
AGS GA, leg. 1149, Alonso Martinez to Burgos November 1635.
95
AMB, Sec. Hist., no. 3163.
Ibid.
91
AHN CS, leg. 11,549, no. 797.1 am grateful to Juan Manuel Magan for showing me this document.
92
AMT Milicias, caja 9, Don Gonzalo Perez de Valenzuela, 20 November 1631. All papers concerning
the Olias conflicts of 1626, 1629, and, 1631 are from this box.
To some degree, having towns choose their own arbitrios was a throwback to the millones system in the
late sixteenth century when each town could decide how to assess the subsidy within its boundaries.
That autonomy disappeared with the 1601 millones contract. See Jose Ignacio Fortea Perez, "Politica
y hacienda en el antiguo regimen," paper presented to the second meeting of the Asociacion espanola
de historia moderna, (Murcia, 1992), 74.
93
The Council of Castile originally said towns with fewer than 200 vecinos were to be excluded; clearly,
this did not occur. All sites included in the following discussion are in Andalusia; the documents are
from AHN CS, leg. 40891, "Facultades concedidas a varios pueblos. Milicias y presidios." I am
grateful to Lorraine White for pointing out this legajo to me.
94
95
CONCLUSION
Cities, towns, and villages, then, could shape the outcome of military recruitment.
Through their representatives, they lobbied before courts of law, higher municipal instances, and the Crown itself to limit its damaging effects, devise ways of
paying its costs, and protect their historic rights. As the case of Carmona shows,
military demands could also provide an opportunity for a portion of the male
population to collectively choose a strategy with which to respond to the Crown.
Some towns had concejos abiertos or included petitions from common villagers in
their judicial appeals, others did not; much probably depended upon individuals,
on who the corregidor was, or on the particular balance of power in a given
municipality. The choice of which sisa to levy might involve favoritism or fraud,
but there also might be a genuine effort to attain u the mildest and least injurious"
means of raising money, a frequent formula in towns' petitions for permission to
levy taxes. We can attribute a city's or town's willingness to engage in years of
lawsuits, despite the economic cost, to local peculiarities or interests, ambitious
lawyers, or simply to a longstanding tradition of litigation. The point is that all
municipal powers had the opportunity to speak and to act; they might occasionally, or even often, lose their battles, but nowhere was their right to challenge
their superiors ever questioned.
It seems appropriate to close this chapter about municipal responses to military
recruitment by setting the discussion alongside the work of Helen Nader, whose
Liberty in Absolutist Spain called attention to the dynamic and omnipresent towns of
Habsburg-era Castile. Far from being a landscape dominated by a few cities that
dictated the conditions of mute, powerless villages and their inhabitants, the Castile
that Nader describes is one in which political liberty cohabits with absolutism and
101
Given that Carmona had to pay for twenty soldiers, one could assume it had approximately 2,000
vecinos. That, however, makes the turnout at the open meeting very small, which may indicate a
problem with the numbers.
96
Nader, Liberty, 8.
97
I03
Ibid, 12.
99
Benjamin Gonzalez Alonso, "Notas sobre las relaciones del Estado con la administration senorial en la
Castilla moderna," Anuario de historia del derecho espanol, vol. 52 (1983), is an example of such an
attempt to determine who was in charge; in this case, Gonzalez Alonso concludes that because
seigneurial justice was ultimately subject to royal authority, through the juicios de residencia, the two
jurisdictions were, in essence, the same, and therefore there was no contradiction between them; see
also Atienza Hernandez, Aristocracia, poder and, by the same author, "La 'quiebra' de la nobleza
castellana en el siglo xvn: Autoridad real y poder senorial: El secuestro de los bienes de la Casa de
Osuna," in Hispania, 44, 156 (1984), which similarly emphasize the senorio\ jurisdictional subservience to royal law.
IOO
The Castilian nobility, with its financial needs on the one hand, and with its vassals,
its name, and its wealth on the other, was of considerable political and material use
to the Count-Duke, or so he thought. But along with so much else of his reform
program, Olivares' desire to re-educate the young lords and prod them into
becoming a service nobility was not well-received on the senorios or at court, and
though he had a few loyal nobles at his side, relations between the valido and the
nobility were mistrustful and hostile.
The animosity was due in part to clan politics among the Castilian nobility,
which intensifed the jealous atmosphere of a world that relied on favors and
privilege. Nor were the nobles pleased at being asked to support a foreign policy
7
The figure comes from Ignacio Atienza Hernandez, " 'Refeudalizacion' en Castilla durante el siglo
xvn: Un topico?" Anuario de historia del derecho espanol, vol. 56 (1986), 898; he cites Charles Jago,
"Aristocracy, War and Finance in Castile 1621-1665" (Ph.D. diss., Cambridge University, 1969), 32.
Fernando Alvarez de Toledo led members of his clan in refusing to provide the king with men and
military service during the 1630s. See Elliott, Count-Duke, 479; and Memorial historic0, vol. 13, 69, for
the 1634 expulsion. Alba took over as captain-general of the army on the Portuguese frontier in the
1640s; see ibid, vol. 16, 447-9 for the angry 1642 correspondence between Alba and Olivares.
I am indebted to Bartolome Yun Casalilla for his insight into this question. See also Ignacio Atienza
Hernandez, "El senor avisado: Programas paternalistas y control social en la Castilla del siglo xvn,"
Manuscrits, 9, (1991); and James Casey, The Kingdom of Valencia in the Seventeenth Century (Cambridge University Press, 1979).
102
15
Elliott and La Pefia, eds. Memoriales, vol. 2, 85, 95. See Maravall, Poder, honor, 201-14, for a general
discussion of the abandonment of the nobility's military role. For a comparison with the military
obligations of the French grands in the seventeenth century see Parrott, "Richelieu, the Grands, and
the French army," in Bergin and Bockliss, eds., Richelieu and His Age, according to which the French
nobles were just as put upon as their Spanish counterparts but reaped considerable advantage
H
through advancing the interests of their clienteles.
Elliott, Count-Duke, 610.
Thompson, War and Government, 149-50. The quote on the Constable is from the Council of State
(British Museum Egerton 2053, fol. 164) cited by Thompson.
104
18
AGS E, leg. 2656, "El Conde Duque sobre lo que se debe disponer para ejecutar la Jornada de VM,"
14 June 1635.
Elliott and La Pefia, eds, Memoriales, 124-5. The first eleven grandees who had coronelias were the
Count-Duke, the Admiral of Castile, the constables of Castile and Navarre, the dukes of Medinaceli,
Infantado, Najera, Osuna, Escalona, and Medina de las Torres, and the count of Niebla. They were
joined in 1634 by the dukes of Alburquerque, Sesa, and Pastrana and the counts of Lemos and
Oropesa: Count of Clonard, Historia orgdnica de las armas de infanteriay caballeria espanolas (Madrid,
1853), 408-10. Jago says the initial plan was to send the soldiers of these coronelias to Flanders; "La
Corona," 382.
AGS GA, 1361, consulta Junta de la Prevention y de Defensa de estos Reinos, 17 September 1634;
Pastrana to junta, 4 August 1634. Roderigo de Silva y Mendoza, the 4th duke of Pastrana, became
viceroy of Aragon in 1639 and later refused a military post in Badajoz (Memorial Historico, vol. 15,
222; vol. 16,189). By 1650, the house of Pastrana owed 400,000 ducats and was being administered by
the Council of Castile.
105
22
23
20
Elliott and La Pena, Memoriales, 125 n.
Memorial Historic0, vol. 13, 139.
AGS GA, leg. 1196, relation September 1637. Only four of the nobles finally complied with the full
1,500 men, according to Thompson: see "The Government of Spain in the Reign of Philip IV," Crown
and Cortes: Government, Institutions and Representation in Early-Modern Castile (Variorum, 1993)
BN, MS 2365, f. 201, 1634; AGS GA 1099, consulta 2.2. August 1634. An earlier consulta from the
Council of War, in AGS GA, leg. 1050, dated 7 June 1632, indicates his coronelia had been established
two years prior to those of the nobility.
Between 1631 and 1640, 772 memberships were sold or awarded, as compared to an average of 169
per decade during the reign of Philip II. See L. P. Wright, "The military orders in sixteenth- and
seventeenth-century Spanish society. The institutional embodiment of a historical tradition," in Past
and Present, no. 43, 1969, p. 55. Postigo Castellanos, Honory privilegio, 119-33, J 98-9, gives even
higher figures; according to her, the Council of Orders issued 1,170 memberships between 1631 and
1640. Postigo notes that the reign of Philip IV is remarkable not only for the huge increase in hdbitos
but for the fact that they were considered payment for services rather than recognition of status,
which provoked soul searching debates among contemporary political theorists. On Olivares' opposition to the cult of limpieza and his defense of awarding hdbitos for merit see Juan Ignacio Gutierrez
Nieto, "El reformismo social de Olivares: El problema de la limpieza de sangre y la creation de una
nobleza de merito," in Elliott and Garcia Sanz, eds., La Espana, 41941.
106
If the lords themselves would not go to war or commit themselves, they overcame
their distaste when it came to sending their vassals, primarily because they could
win concessions from the king in return. Their role as recruiters, in fact, far
outweighed their own scanty contributions. The senorio was an immense military
resource, a base of social power, and often the center of an intricate web of family
relationships that was of far more use to the king than the nobles' own inadequate
horsemanship.
The approximately 235 titled nobles and grandees in Castille during the reign of
Philip IV were living in times of changing fortunes, though whether or not the
times rank as a "crisis" is a matter for debate. An intense cash-flow problem and the
burden of the mayorazgo weighed heavily, and both were to come into play as the
24
25
26
This discussion is drawn from Antonio Dominguez Ortiz, "Mobilizacion de la nobleza castellana en
1640," in Anuario de historia del derecho espanol, vol. 25, 1955; and from N o v o a , Historia, 1 8 7 - 9 1 .
Antonio Canovas del Castillo, Estudios del reinado de Felipe IV (Madrid, 1888), 400.
Jose Pellicer, Avisos. Semanario erudito (Madrid, 1790), vol. 32, 252.
107
28
30
31
The estimate of 235 titles comes from Dominguez Ortiz, Las clases privilegiadas, 71, based on figures
from AHN Consejos, leg. 5250. When calculating the titled nobles' contribution to the garrisons levy
in 1631, however, the Council of Castile had counted 241.
See Bartolome Clavero, Mayorazgo: Propiedad feudal en Castilla IJ6Q-I8J6 (Madrid: Siglo Veintiuno, 1974) and Alfonso Maria Guilarte, El regimen senorial en el siglo xvi (Madrid: Instituto de
2Q
Estudios Politicos, 1962).
Dominguez Ortiz, Clases privilegiadas, 97.
Cellorigo quote from his Memorial de la politica necesaria, cited by Atienza, Aristocracia, poder, 33;
Gutierrez Nieto, "El pensamiento economico," Menendez Pidal, Historia de Espana, 338.
See Atienza, "La 'quiebra'" for an example of royal intervention.
108
34
Charles Jago, "The Influence of Debt on the Relations between Crown and Aristocracy in Seventeenth-Century Castile," Economic History Review, vol. 26, 2 (May 1973), 223-4.
See Bartolome Bennassar, Valladolid en elsiglo de oro: Una ciudadde Castillo, y su entorno agrario en el
siglo xvi (Universidad de Valladolid, 1983), 248-50, for a chart of where the debt of fifteen titled
nobles was placed in the late sixteenth century in Valladolid. Creditors included magistrates,
professors, widows, a great many men with the title Licenciado - and the arbitrista Martin Gonzalez
de Cellorigo, a Chancilleria lawyer, who loaned money to the count of Benavente.
AHN Osuna, 1471.2, facultad real, 10 June 1635. See Atienza, Aristocracia, poder, for a history of the
Osuna family and estate. In 1639 the duke was allowed to sell off an additional two parcels: see
Atienza, "Quiebra," 65 n. For similar accounts of the counts of Benavente and the Pimentel family,
see Bartolome Yun Casalilla, "Aristocracia, senorio y crecimiento economico en Castilla: Algunas
reflexiones a partir de los Pimentel y los Enriquez (siglos xvi y xvn)," Revista de historia economica, no.
3 (Autumn 1985).
109
35
36
37
38
39
42
44
45
AGS GA, leg. 1365, duke of Escalona to archbishop of Granada, 16 March 1639. Don Diego went on
to serve as captain general and viceroy in New Spain. He returned to Spain in 1642, married Juana
Maria de Zuniga, daughter of the dukes of Bejar, and was appointed captain general of New Castile
and Navarre in 1649. See Gregorio de Andres, "La biblioteca del Marques de Villena, Don Juan
Manual Fernandez de Pacheco, fundador de la Real Academia Espafiola," in Hispania, 48/168
(1988), 169-200.1 am grateful to Sarah Nalle for this information.
Castillo de Bovadilla, Politico,, 2, ch. 16, 529.
There is a detailed description of the wedding party in Memorial historic0, vol. 13, 417.
112
47
113
AGS GA, leg. 1274. Unless otherwise noted, all documentation of the negotiations referred to in this
discussion is in this legajo. Nearly all the papers are consultas from the Colonels Junta.
AHN Frias Oropesa, leg. 523.2 "Testimonio a la letra," 13 July 1638. The figure of 2,000 men is
included in the censo, though there is no proof that that many troops were actually raised. The
documents used throughout this section speak of licenses for censos totaling both 80,000 and 70,000
ducats. It is not clear if some of the various correspondents were in error, or if the amounts were
53
altered as time went by.
Vassberg, Land and Society, 172-6.
Once the censos were paid off, the payments the count would now charge for the use
of the land would cease. Given that if the count did not pay off the mortgage these
arbitrios would effectively become perpetual, the junta ordered that a time limit be
set, after which "things would go back to the state they are in now."
As was to be expected, the count's vassals were not happy with the junta's
decision. Evidence of their displeasure and disobedience came from Antonio
Guerrero, the judge dispatched to the town to oversee the transfer of the common
land to the count. Guerrero arrived in Oropesa on 12 September 1636 and
presented his credentials to the local judicial official, who acknowledged them
("que la obedecio"). He also notified Martin de Arroyo, a surveyer (medidor)
certified by the Council of Finance, that measuring and marking of the commons
would take place the following day and that both parties could be present if they
wished. Arroyo, however, was off in Talavera surveying another of the count's
dehesas (also for the purposes of offsetting the cost of the corone Ha), so the
measuring and marking had to be postponed.
The count's people then proposed that the town and its adjunct villages be asked
to describe the land in question, distinguishing the good from the bad and the
fertile from the infertile, and that the division take place based on their testimony.
Guerrero agreed with this proposal and asked the town and its villages to appoint
respected representatives within a given time period, beyond which they would
face penalties. He ordered town council members and other officials of the town
and all fifteen villages to meet that same day in the Oropesa town hall to discuss the
matter. But the villages did not want to attend this meeting and refused to accept
the autos ordering them to do so. Days went by, and still the villages refused to
appoint representatives. On 19 September the party of the town and villages said
that by rights another surveyor besides Arroyo, who had been appointed by the
count's party, should be in charge of the measuring and marking of the land, and
they asked Guerrero to postpone the measuring until they could come up with a
new surveyor. Guerrero turned down the proposal, which was met with a formal
protest by the town ("apelaba para ante Vuestra Majestad y Su Real Junta de
Coronelias y lo pidio por testimonio").
Guerrero now decided to go ahead with the measuring. He and Arroyo would
start working at 7 AM on Sunday, 21 September. If the two parties wanted to be
present, fine; if not, the measuring would take place anyway. The count's party was
notified of this plan on 20 September and reminded Guerrero that the town and
villages had been ordered to appoint representatives to testify as to the distribution
of good and bad, and fertile and infertile land, and that they had refused to do this.
55
The lords' ability to turn to their mayorazgos for liquidity and royal favors, as
exemplified by the conditions they put to the king in exchange for raising troops,
made that ancient institution of considerable economic and political use in the
seventeenth century. The censos "were a mechanism able to absorb the deep
contradiction between the not strictly economic sphere of the senorio . . . and the
financial aspect of seigneurial income."58 They bridged the gap between the
economic and manpower services the lord was expected to provide the king and the
social function of the mayorazgo as a guarantor of order and tradition. Indebtedness, therefore, cannot be understood as an indication solely of noble wastefulness
or conspicuous consumption but rather as the inevitable result of this contradiction
between the senorio''s economic and social roles.
The king may have been trying to bleed the nobles dry, as they claimed and as
some historians argue, but the arrangement allowed the king to raise an army, albeit
not very efficiently, and ensured the nobles' survival. Seventeenth-century Castilian nobles, in general, obtained short-term relief from their sometimes staggering
debts not by squeezing their vassals - seigneurial towns, in fact, were sometimes in
far better financial shape than their lords - but by turning to the king.
LINES OF DISPUTE
Military recruitment made the borders between royal and seigneurial lands stand
out, though perhaps not always with much clarity, and it was only natural that the
authorities over these two jurisdictions, the royal corregidores and the lords, would
56
57
58
The dehesas are administered by the Institute of Agrarian Reform and Development. Jose Manuel
Gutierrez Rodriguez, et ah, Oropesa y los Alvarez de Toledo (Toledo: Diputacion Provincial, 1985),
27-8. Documents pertaining to the 1806 reversion of the estate to the Frias family are contained in
Moxo, Incorporation, 161-7.
Salvador Moxo, LosAntiguos Senorios de Toledo (Toledo, 1973), 62. There also is a reference here to a
1791 lawsuit over the same dehesas.
Bartolome Yun Casalilla, "Consideraciones para el estudio de la renta y las economias sefioriales en el
reino de Castilla," in Esteban Sarasa Sanchez and Eliseo Serrano Martin (eds.), Senorio y feudalismo
en la peninsula iberica (Diputacion de Zaragoza, 1994), vol. 2, 24.
117
60
61
62
AGS GA, leg. 1149, Valladolid city council to king, 15 December 1635, and AGS GA, leg. 1172,
Queipo de Llano to king, 27 February 1636; AGS GA, leg. 1207, correspondence between Pedro
Villanueva and Salamanca corregidorPedro Suarez, October 1636 to February 1636.
AGS GA, leg. 1185, correspondence throughout; AGS GA, leg. 1202, Palencia city council to king, 29
May 1637.
AGS GA, leg. 1337, Astorga to the count of Castrillo, 21 November 1640; AGS GA, leg. 1393,
Astorga to Castrillo, 2 February 1641.
AGS GA, leg. 1354, series of letters to Villanueva from Pedro de Henao y de Aguila and Antonio
Sevillano, May-June 1640.
64
65
66
AGS GS, leg. 1278, king to archbishop, 10 March 1639; AGS GA, leg. 1286, Obando to Villanueva,
16 March 1639.
AV 1-16054, Revilla to Olivares, 4 June 1636; AV 3-4186, archbishop of Granada, undated.
AV 3-418-7, ayuntamiento 26 July 1639.
AGS GA, libro 181, cedula 4 October 1639. As pointed out in chapter 2, this measure deprived Gaspar
de Bracamonte, who was overseeing the militia with Riafio, of the men he needed.
IIQ
AGS GA, leg. 136,5, 9 January 1639 statement by Plasencia town clerk, quoting an order given
68
sometime in late 1638.
AV 34201, 4 March 1640 letter from Villanueva to corregidores.
AGS GA, leg. 1371, Corregidor Francisco Aldrete y Quiroga to archbishop of Granada, 14 March
7
1640.
AGS GA, leg. 1365, marquis of Malpica to king, 11 March 1639.
AGS GA, leg. 1363,7 March 1640; AV 3-4201, relation 8 March 1640; AGS GA, leg. 1355, Ramirez
to Villanueva, 9 March 1640.
120
onto their lands and estates and thus I order you ... to enter to execute [the levy] in the towns
included in the list you have of the titled nobles who must raise men and who should have
given them to you and I grant you the necessary powers and faculties to do this ... and I order
the corregidores, alcaldes mayores and other alcaldes and justice officials of the said towns to
give you the assistance you require to execute this.72
The indignity for the lords must have been considerable, although having to
surrender men did not mean they necessarily would pay what the corregidores said
they owed. Pedro de Henao y de Aguila, corregidor of Cuenca, finally got his hands
on the duke of Escalona's men after the May order, but money was a different
matter: "I have been ordered to pay for the expenses incurred by the duke of
Escalona's soldiers from the duke's rents . .. and in reply I tell you, sir, I will do the
best I can to embargo the duke of Escalona's rents, although I believe he has them
placed in such a way that none are recoverable . . . "73 The duke at that point was in
America. But the image of his agents having to outwit the corregidor was an
indication that five years of haggling over his regiment of 1,200 men had not
enhanced his cachet with the Crown.
The one-percent levy of 1640 was the occasion for events on the estate of the duke
of Bejar that deserve to be recounted in detail, as they elucidate the fragile mesh of
relationships on which military recruitment depended. Don Alonso Lopez de
Zuniga, to whose grandfather Cervantes had dedicated Don Quixote, inherited the
house of Bejar in November 1636. At the age of sixteen he was a grandee twice over
and had seigneurial rights over more than seventy-five towns and villages. The town
of Bejar, then as now a center for the making of linen and wool, is in the southern
part of the present-day province of Salamanca, where that province meets Caceres
and Avila. The House of Bejar also included towns as far north as the province of
Burgos, and as far south as Burguillos, in Badajoz, and Gibraleon, in Huelva.74
Along with the seventy-five towns, Don Alonso inherited from his father a relatively
well-managed estate worth over 2.5 million ducats and a tradition of supplying the
king with massive numbers of soldiers. A decade later he would have little to show
72
73
74
AGS GA, leg. 1372, cedula real, 4 May 1640. My emphasis. The discussion below of the duke of
Bejar's one-percent levy explores in more detail the ramifications of this order.
AGS GA, leg. 1363, Pedro de Henao y de Aguila to Villanueva, 8 August 1640.
For a map of the estate, see Charles Jago, "The 'Crisis of the Aristocracy' in Seventeenth-Century
Castile," in Past and Present, 84 (1979), which also includes a detailed analysis of the Bejar accounts.
The house was absorbed into the immense House of Osuna in the late eighteenth century; see
Atienza, Aristocracia, poder.
121
79
Dominguez Ortiz, Las clases privilegiadas, 93; Jago, "The Influence of Debt," 234; Jago, "La
corona," 382.
AHN Osuna, leg. 382.28, "Memoria de las mercedes que se hicieron al Duque mi senor . . ., " 26
March 1639.
See Jago, "Aristocracy, War," 104-7, f r a discussion of the constraints of the post.
AGS GA, leg. 1165, "Por el Duque de Bejar," undated. The petition was turned down by the Council
of Castile, AHN CS, leg. 4427, 70; but was finally accepted in 1657 when Don Alonso moved from
Bejar to Madrid: AHN Osuna, 241.3.39, cedula 29 May 1657; Jago, "Crisis," 79, 88. See Jago, "La
corona" for a discussion of the role of Santos de Ayala.
AHN Osuna, 382.28, 26 March 1639, "Memoria de las mercedes . . . ;" AHN Osuna, 246.7.3, cited
by Jago, "La corona," 389
122
Town
No. of men
Bejar
Marquesado de Gibraleon
Condado de Belalcazar
Vizcondado de la Puebla
Estado de Capilla
Estado de Burguillos
Condado de Vanaves
Partido de Curiel
16
22
14
18
8
14
4
6
The corregidor of Plasencia (Caceres), Geronimo del Vaysa Mesia, was in charge
of making sure many of these men were rounded up. Throughout June, past the 1
April deadline, he reported to the Colonels Junta about his difficulties, not only
with the duke of Bejar but with other leading Extremaduran nobles such as the
duke of Alba (one of whose towns sued him over the levy) and the count of Oropesa.
Every few weeks he sent off a shipment of men from the various senorios and royal
towns to Tortosa (Tarragona). By September, the dukes of Bejar and Alba each still
owed nine men.83
Bejar's missing nine came from Burguillos (Badajoz), a linen-making town that
for the purposes of this levy fell under the jurisdiction of the corregidor of Badajoz,
some seventy kilometers to the north. The story of these nine men strikingly
illustrates how towns tried to use the levies to their own advantage, how levies
became a high-stakes point of contention among several jurisdictions, and what the
criteria were for determining who should fight and who should remain home.
Conflicts like that of Burguillos often took place in realengo towns; there was
80
81
82
83
86
87
AGS GA, leg. 1337, letters throughout legajo. Unless otherwise noted, all discussion of this levy is
based on these papers.
There is no clue to what Gutierrez was a doctor of. Seigneurial and royal corregidores had similar
judicial functions. Their decisions could be appealed to the lord, and then to the Council of Castile or
the Alcaldes de Casa y Corte. See one such example in Guilarte, El regimen senorial, 456-9. I am
grateful to I. A. A. Thompson for this reference.
AHN Osuna, leg. 244.1.3.15, petition 17 September 1637.
Danvila y Collado, Manuel, "Nuevos datos para escribir la historia de las Cortes de Castilla durante el
reinado de Felipe IV," in Boletin de la Real Academia de Historia, vol. 16 (1890).
124
The duke, who was in Bejar, received a letter from Don Mendo de Contreras on 19
April in which the irate corregidor of Badajoz informed him what his vassals were up
to. Don Alonso replied with effusive praise for Don Mendo and warm congratulations for his recent appointment as corregidor. As for Burguillos, he said, he was not
surprised that there were no good men left to choose from, given the constant levies
that had plagued his estates in recent years. But, he admitted, a few of the nine
certainly seemed inappropriate for His Majesty's service, a matter he had already
heard about from the Colonels Junta' secretary, Pedro de Villanueva. The duke was
shocked that Gutierrez should not obey his orders, and he authorized Contreras, a
Crown official, to enter his (the duke's) estate and assume jurisdiction over the
officials of his senorio.
It does not appear that Contreras actually ventured onto the duke's estate,
though during the month of May he continued to bombard Burguillos with orders
and threats. On 18 May he sent the town an auto accompanied by a copy of a royal
warrant showing the king had given realengo corregidores all necessary authority to
enter onto seigneurial estates to enforce the levy and had ordered seigneurial
officials to aid the corregidores in their task. Contreras gave Burguillos two days to
come up with the men and the money he said the town owed or else face a fine of
126
AGS GA, leg. 1355, letter Bejar to king, "Memoria de los soldados que se han entregado .. .," 8 June
94
1640.
AGS GA, leg. 1137, Contreras to Villanueva, 15 June 1640.
128
CONCLUSION
The duke of Bejar's confrontation with the corregidor of Badajoz as a result of his
obligation to raise troops was a manifestation of seventeenth-century Castile's
jurisdictional mesh of impediments and possibilities. The count of Oropesa's
difficulties and their resolution point to the importance of access to land as a source
of power, both in the relationship between the king and the lord and beween the
lord and his vassals. These two titled members of the aristocracy, along with all
their brethren, the king and his ministers, lower Crown officials, and hundreds of
thousands of seigneurial vassals, all participated in the disputes surrounding
military recruitment, though it must be said that they had vastly different futures at
stake. The senorio system, whose resources and limitations were brought into relief
by the demands of war, was simultaneously weakened and strengthened, used and
ignored. It should be clear, therefore, to return to the question posed at the start of
this chapter, that there were no absolute winners or losers, at least not in the short
run. There was, instead, a lot of bargaining.
The needs of war tested and made prominent the mutually beneficial relationship between king and lord and the mutual obligations of lord and vassal. Nobles
neither threatened royal authority, as their ancestors had done, nor were they
merely passive; royal patronage bound the king and the nobles together, but it was
129
Common claims
This study has proceeded from the top down: from the king, his closest ministers,
and the Cortes; to large municipal and seigneurial jurisdictions; to towns and
villages; and, finally, to the common people of Castile. It might appear that such a
route would be one of diminishing power and resources. But the top-down model is
not quite accurate, as the experience of Toribio de Cifuentes shows: Cifuentes lived
in Getafe, outside Madrid, where he was a member of the militia. In 1641 he wrote
to the Council of War to tell the ministers of his many illnesses, including a bad (or
missing) right arm. His father was a widower and very old, and he needed his son's
help. Therefore, Cifuentes said, he could not possibly serve as a soldier, and he
begged the council to intercede. The council did so. After it had confirmed with the
district sergeant major that Cifuentes' story was true, it advised the king to grant
his request.1
Toribio de Cifuentes had a direct relationship to his king. He was not rendered
impotent by the many jurisdictional layers between himself and Philip IV. On the
contrary; he used them. The men who devised military recruitment policy for the
king, cognizant of the potential stirrings by men such as Cifuentes, must have been
conditioned by that knowledge. It would be a mistake to exaggerate common
people's recourses for responding to the military and fiscal demands of the midseventeenth century. But, as individuals and as communities, they were not silent.
People's daily lives were transformed by the mid-seventeenth-century crisis. This
final chapter describes some of the ways in which this happened. It is an attempt to
assign names and faces to the men and women of Castile, recount what they actually
did, and, in some cases, pay tribute to their resilience. It argues that that resilience
was made possible by the very structures of the state. Hierarchy, paradoxically,
enabled people to formulate their rights.
In his study of seventeenth-century Valencia, James Casey comments:
If documents rather than armed force ruled the relationship between lord and peasant. . .
this was perhaps to a large extent because the peasant communities had a legal existence of
their own; this was not the situation in parts of western France, for example, where the
parish priest seems to have been the only spokesman for the peasants to the outside world.2
1
2
Common claims
Castilian peasants and their communities could and did speak for themselves. They
did so as equal vassals of the same king. The fact that all people, no matter what
their station, shared the status of vassal provided a rhetoric with which to formulate
requests and demands, a thread that bound together communities, and a sense of
legitimacy. Being a vassal of the king was an empowering thing. It made people
actors as well as subjects, and it gave them equality before the law. This was true for
the humble and for the brash, for those in need of rescue and those seeking favors,
for the deeply impoverished and for swaggering types such as Estebanillo Gonzalez
and his comrades, who addressed a series of petitions to the king and the Council of
War after having spent years making a mockery of the king's army.3
Castilians spoke as vassals of the king; they also spoke as members of a community. Jose Antonio Maravall detected a potential threat to freedom in this dual
bond, which shifted gradually in favor of a one-on-one relationship between ruler
and vassal, eventually leaving the latter "defenseless," with no protective institutional layers between himself and the king.4 In the mid-seventeenth century,
however, judging from the way in which plaintiffs situated themselves as they
formulated complaints and appeals, both bonds existed, and both were used to
justify action aimed at redress. Appeals against recruitment invoked the writer's or
plaintiffs dual status as the king's vassal and a member of a community.
The community was represented through its political institution, the concejo,
which oversaw such matters as food supply, collective labor, planting and grazing,
and the use of communal lands. The community also was embodied in a series of
physical attributes, all of which had a role in a town's response to recruitment and
war: the city walls, beyond which recruitment obligations were not the city's; the
bells, which called people to meetings; the main square or the main church, where
lotteries took place; the tavern, where recruitment occurred; the town jail, where
soldiers were held until they were transported; the public granary, whose holdings
could be speculated with and whose prices could ensure social peace; the borders
between towns, which were often illicitly crossed in the search for soldiers; and the
common lands, a guarantee of villagers' livelihood and a potential source of
income.5
The community, then, was a corporate vassal whose will was manifested through
the concejo. But like the Cortes, the concejo was more than the sum of its members.
3
Gonzalez asked the king for permission to open a card parlor in Naples, which was granted. One of his
comrades asked for a post as engineer, though he admitted he had no experience; the outcome is
unknown. A third comrade asked for an honorable discharge while explaining that he had been
wearing a French uniform when he had been wounded "because it was looser and more comfortable
for making love and riding horseback." The Council of War suggested he write to the Parlement of
Paris. Esteban Gonzalez, Estebanillo Gonzalez, Hombre de Buen Humor (1652) (Paris: Louis Michand,
Maravall, Estado moderno, vol. 1, 420-1. See also chapter 8 of MaravalPs La teoria espanola del estado.
Religion, too, was an obvious and powerful force binding community members to each other and to
the king. Local religious practices and calendars defined communities and cemented loyalties; see
William Christian, Jr., Local Religion in Sixteenth-Century Spain (Princeton University Press, 1981).
IQI2),235,25I.
133
In the summer of 1637, Don Diego de Riano y Gamboa, whom the king had put in
charge of raising the new militia in eastern Castile, notified the corregidor of Toledo
that he, in turn, should notify all the towns and villages under his jurisdiction that
they and the city must raise a militia force of 479 men. Each town and each city
parish was to draw up a list of all eligible able-bodied men and then hold a lottery (a
quinta, or suertes) to see who would be called up. The method would be much the
same as it had been for the 1625 militia, when the Toledo town clerk had been
ordered
to draw up a list of all the men in the San Salvador parish between the ages of eighteen and
fifty, listing all with no exceptions, and home owners and residents are to declare under oath
all the males in their house of the said age, both present and absent, declaring their
occupation and the means of support that each one has.7
But it seemed that not everyone had been honest. Riano told the Toledo city
council's soldiers commission that this time the lists should be read aloud in an
open town meeting "so that if anyone is not included, the rest can testify thus, and
anyone who avoids [being on the list] or covers up for someone will be taken as a
soldier just as if he had been picked himself."
The village of Los Yebenes, in the eastern part of the Montes de Toledo, held its
town meeting on 31 October 1637. In the presence of the local sergeant major, town
officials and inhabitants gathered at the town hall, where the list was read, approved, and signed by the town clerk. It was determined that 187 men were eligible,
6
7
Ruth Behar, The Presence of the Past in a Spanish Village (Princeton University Press, 1986), 132.
AMT Milicias, caja 9.
134
Common claims
and the town therefore had the obligation to provide nineteen men, or ten percent.
Six men, however, were still serving from the old 1625 militia, which left thirteen
to choose. So 181 slips of paper, each with the name of an eligible townsman, were
put into one jar, and in another jar there were also 181 slips, 168 of them blank,
thirteen of them marked. Then a child, u up to nine years old, more or less," picked
until thirteen marked slips had been paired with thirteen names. Los Yebenes town
official Juan Lopez Galindez then reported back to Toledo that the town had
complied with its orders.8
There were apparently no problems with the quinta, which made Los Yebenes
unusual. For the picking of the names was often an invitation to social conflict.
Quintas were an opportunity for townspeople to settle scores among themselves, for
cities to burden their subject towns with unreasonable demands, and for town
officials to use their privilege to make sure neither they nor their friends and family
were sent off to war. Those with money could often pay their way out, and those
with no money at all could sometimes plead their way out. If those who were chosen
later deserted, the town was responsible for replacing them, and the burden usually
fell on the deserter's male relatives. By delaying the quintas, towns and villages
could vex cities, and by not complying at all they could push the burden of raising
men back onto the cities or onto neighboring towns. From all the quarreling, the
miscarriage of justice, the complaints, and the subterfuge, there emerges a vision of
a complex society which at every level used the tools and arguments of jurisdiction,
privilege, and office to define and redefine the limits and nature of royal authority.
Using an idiom of justice, arguing that the king's duty to protect was equal to the
vassal's duty to obey, individuals and corporations fought for what they understood
to be their rights. Their appeals for exemption from military service are testimony
to the fluid, negotiated, and even democratic nature of Castilian absolutism.
Historians of military organization under Philip II emphasize the growing
recruitment problems during that period and point to the vanishing pool of
volunteers.9 Yet, throughout the 1630s and 1640s, the Crown still seemed to be
working under the assumption that volunteers were a viable alternative, and
lotteries were usually referred to as the last option to be taken for raising men for
the garrisons. Whereas there certainly were volunteers, correspondence from the
cities emphasizes again and again that they were so scarce as to be negligible and
that lotteries or outright impressment were the only ways in which they could
possibly raise an army. There is a sense that the Crown had little grasp of the
difficulties it faced.
In March 1634, during the campaign to supply the garrisons with 18,000 men,
the Cortes issued instructions to its member-cities and their subject towns and
AMT Milicias, caja 16, cuaderno 2. Yebenes in 1646 had 325 vecinos, down from 953 in 1590; see
Michael R. Weisser, The Peasants of the Montes (University of Chicago Press, 1976), 60.
See especially Thompson, War and Government and Parker, Army of Flanders.
135
11
A G S GA, leg. 1095, also A M T Milicias, caja 10: "Forma que han de guardar las Ciudades y Villa de
voto en Cortes y lugares de sus jurisdiciones . . . "
A G S GA, leg. 1195, BCM Coleccion Aparici, roll 14, vol. 52, sig. 1-2-3, fl s - 3341, "Papel sobre la
formation de los tercios provinciales." Also in AV 3-419-1, indicating it was probably sent to the city
council or corregidor.
136
Common claims
one hears nothing but protests [violencias] and cries of the oppression they suffer, and this
manner of raising men is of use only for destroying the Kingdoms through the bad
administration of justice officials who have personal interests in the quintas, which should be
conducted in accordance with Your Majesty's orders, with equality, excepting no one but
those whose impediments are so evident that they entirely prevent them from using
weapons. [In the lotteries, justice officials] include poor useless men who have never done
anything other than tend their fields, and they leave out the magnates of the commonwealths,
their relatives and their friends, and if someplace they do fulfill their duty and one of them is
chosen, they accept substitutes, either from the villages themselves or from paper soldiers
[tornilleros] whose occupation it is to sell themselves and then flee.
Desertion and fraud were built into the recruitment system; that is why Diego de
Riano had specifically instructed towns to read out loud the list of eligible men. But
at the same time, forcing towns to hold honest lotteries implied even more coercion
by Crown officials, and the report cited above observed that the sight of groups of
handcuffed men being led to war only incited more mistrust, terror, and, ultimately, depopulation.
The solution was to revive and expand the dormant 1625 militia, placing the
responsibility on local authorities. Each town and city would maintain a certain
number of men, and there would be no need for the constant levies and quintas that,
according to officials, were destroying the fabric of Castilian society. But as was
seen in chapter 2, the militia did not end up being much of a military improvement;
local obstructionism, favoritism, and reluctance to enlist were old problems that did
not disappear, and towns often held as many lotteries for the militia as they had for
the garrisons.
Once a town had been ordered to hold a lottery, it had to determine whose names
would be placed in the jars. In theory a certain age group or occupation could be
exempt, but in fact the lists of soldiers bear little relation to normative instructions.
The 1634 Cortes instructions above, for example, said men from the age of
seventeen to fifty were eligible for the lotteries, but most instructions put the lower
limit at eighteen, though by the late 1640s the army was accepting sixteen-yearolds. In 1630, for a levy in Salamanca, the upper age limit had been forty, but as the
years passed the orders usually set limits higher than fifty, and men as old as
seventy were in fact called up.12
The 1634 Cortes instructions had said lotteries were to include only bachelors or
widowers without children. Yet by the following year, towns were told to hold
lotteries "with the greatest delicacy and convenience possible . . . placing special
attention on relieving married men and poor men with children."13 The order had
become a recommendation. Though there were instances in which the number of
12
13
AHMS, leg. 904, no. 3, order from Corregidor Garcia Ramirez de Arellano, 29 December 1630.
Sevillian men in their 60s and 70s had to present medical proof of their incapacities; 76-year-old
Sebastian Correa had sciatica, and others of his cohort had an equally forseeable collection of
ailments. See Martinez Ruiz, Finanzas municipales, 282.
AGS GA, leg. 1120, consulta Council of War, 14 November 1635.
137
17
18
AGS GA, 1360, letter from a group of soldiers to Chancilleria oidor Luis de Villagutierrez, 1639.
AGS CS(2), leg. 108,27 October 1648. Tavora's title was capitdn general de las tres fronteras de Castilla
la Vieja.
AGS GA, leg. 1371, Fernando de Valdes to king, 26 January 1639; leg. 1290, Fernando de Valdes to
Ruiz de Contreras, 3 February 1639; leg. 1354, Fernando de Valdes to Villanueva, 16 May 1640; leg.
1421, consulta Junta de Ejecucion to king, 26 September 1642.
See, for example, ARCV, Libros de Acuerdo, 9, for a case in 1640; and AHN Osuna, 384.1.23 and
384.1.45 for a case in 1649. In March 1636 the Inquisition excommunicated all Madrid's alcaldes de
casay corte for forcing a familiar to pay a tax for the Buen Retiro palace: Rodriguez Villa, ed. La cortey
monarquia, 1617.
Castillo de Bovadilla, Politica, ch. 2, 404; Susan Tax Freeman, The Pasiegos: Spaniards in No Man's
Land (University of Chicago, 1979), 243-4.
138
Common claims
The evidence is contradictory; the city of Avila requested that Alonso Ximenez
Quintanilla be exempt from a levy of former soldiers in February 1639 because he
was in charge of the city's butchers and the municipal meat tax.19 In this case, it
appears the city wanted to exempt him as an individual whom they relied upon,
rather than make a disparaging claim about his trade. Yet Juan Martin, who lived in
the village of Almonacid (Toledo), in 1644 appealed to the corregidor after having
been picked in a lottery because "according to the Toledo sergeant major's orders,
they could not include me in the lottery because I have worked as a skinner in the
village butcher shop and have publicly weighed (meat) at the chopping block of the
said butcher shop."20 If being a butcher carried a stigma, Juan Martin clearly
intended to take full advantage of it.
The only two groups on which there seems to have been agreement was the
clergy - although the Church was required to make up for its failure to provide men
by making cash donations for the war effort - and gypsies, whom nobody wanted.
Gypsies were good enough for duty in the galleys; at least twice in 1639 the king
issued orders to that end, provoking one of the royal court's chroniclers to
comment, "There is a great need for galleymen and rowers, and everywhere there is
an excess of this odious race, who are all spies, thieves, and liars."21 Madrid's
alcaldes de casay corte even set up a special junta to round up slaves and gypsies for
the galleys.22 However, gypsies were not considered appropriate for the infantry.
Gaspar de Bracamonte told the Junta de Ejecucion he knew a gypsy who could raise
soldiers, and, despite "the indecency of admitting such discredited people into His
Majesty's armies," he thought the acute shortage of men warranted such a step.
The count of Salvatierra, too, told the Colonels Junta of a gypsy, Sebastian del
Soto, who had served in the Army of Flanders and was now offering to raise 200
"men of his nation." Soto was a careful, intelligent man, the count said, adding that
"there are many who are called gypsies who in fact are not, who live with them to
live in freedom." In both cases the juntas suggested the king accept the offer; in
both cases, the king refused.23
Twice in 1639 Madrid (unsuccessfully) appealed a one-percent garrison levy of
1,100 men as exorbitant on the grounds that the pool of men on which it could draw
was less than it appeared, and the city enumerated several groups that were a priori
exempt:
19
20
21
22
23
AGS GA, leg. 1290, city council to Ruiz de Contreras, 23 February 1639.
AMT Milicias, caja 12, "Information hecha a pedimiento de Juan Martin."
Pellicer, Avisos (Madrid, 1790). vols 30-2, items of 27 May and 27 December 1639.
Antonio Martinez Salazar, Coleccion de memorias y noticias del gobierno. (Madrid, 1764), f. 356.
Bancroft fx DP88M3.
AGS GA, leg. 1256, consulta Junta de Ejecucion, 23 March 1639; AGS GA, leg. 1261, consulta
Colonels Junta, 10 April 1639. The gypsies had suffered persecution since their arrival in Spain in the
mid-fifteenth century, including banishment, forced residency in ghettos, and prohibition from
practicing certain trades. They are still outcasts.
139
The king, the Council of War, the juntas, and the corregidores received an endless
number of appeals for exemption after quintas had been held. Some were based on
status or occupation, others on personal circumstances. None appears to have been
too insignificant to be read. Their wide range indicates that the lotteries were
sweeping up vast numbers of men who believed themselves to be exempt, with or
without reason. The regulations were so ambiguous, and applied on such a
case-by-case basis, that getting out of serving had more to do with where one was
and whom one knew than it did with one's age, status, or occupation.
As the men actually raising the militia knew, there may not have been any real
apriori exemptions but that did not stop men from trying to leave the army by
acting as if there were. Riano wrote the king from Aragon in June 1637, furious
because the Council of War had accepted appeals from some of his men who had
gotten out because they were supporting their parents: "There is no more reason to
excuse them than to excuse the infinite number of married men who are enlisted,
supporting their wives and children and other obligations," he wrote. "If these
appeals are accepted, of the 1,000 men [I have], very few would remain, because
those who do not support their parents are supporting their children and wives."25
(Those with elderly parents sometimes tried to benefit from their burden by having
the parents themselves write the letters of appeal; such was the case of 80-year-old
Sebastian Perez, who somehow managed to write a letter from his sickbed to plead
that he needed his 37-year-old son to support him. The Council of War, and then
the king, excused the son.)26
Riano also complained that all his men, after being chosen in the lottery, tried to
get married as a matter of course.27 The corregidor of Salamanca, Pedro de Amezqueta, complained as well that because his levy order for the garrisons exempted
married men,
some good-for-nothings have married after being released from jail and they seek loose
women [mujercillas] who then make claims on them before the Church tribunal . . . Some
24
25
26
27
Common claims
make arrangements with their villages and later, in the garrisons, they present their marriage
papers so they are not accepted, but they keep their uniform, weapons, and payment . . .
Today I have two or three who have cases before the tribunal based on demands by the
women [las picarillas]. One is a very shiftless man who for that very reason was sent to the
garrisons, and hefledand was put in jail. Now a young girl has appeared, telling the Church
that he gave his word of marriage to her. The Church is trying to stop me but I say that if we
let [them] get away with it, everyone will get married and there will be no men to send to the
garrisons. Two have already imitated this one.28
But as time went on, there was little point in hasty marriages, sincere or not,
because it no longer mattered. The many appeals of abandoned wives and complaints from military commanders that women were following their husbands,
carrying their children with them and causing discipline problems, attest to the new
status of married men and fathers. Being married and having children added
considerable punch to a plea, however. In other words, whereas at first married men
were not to be included, but in fact they were, later they were afforded no privilege,
but in fact, as was seen earlier in the case of the men fighting in Portugal, it was
easier for them than for bachelors to be excused or discharged.
Physical disabilities could get one excused, but, here again, as the scarcity of men
increased, disabilities had to be pretty dire. Allegations of illness abound in the
records. If someone had not previously been excluded from the quinta for obvious
disabilities, he had to present written proof of his health problems in order to avoid
service; at least in the case of Madrid, it appears there was a doctor (Dr. Andosilla)
whose specific job it was to examine men trying to get excused from military
service.29 Juan Chacon Ponce de Leon, the Chancilleria magistrate in charge of
raising hidalgos in Segovia, reported one individual could not serve because he
needed to take sweat baths;30 appeals from veteran soldiers called up in October
1640 in Salamanca included allegations of bad teeth, short-sightedness, gout, and
bad or missing limbs;31 militiaman Manuel Alcalde, from the Madrid town of Parla,
alleged "illness of the urine and other secret illnesses" for which he was released;32
40-year old Felipe de Mena, from Borox (Madrid) had a tumor the size of a hand
on his buttocks which prevented him from being able to sit down, plus he had to
support his three orphaned nieces;33 Francisco de Madrid Davila, from Vicalvaro
(Madrid) had asthma;34 Francisco Redondo, from Madrid, had injured his hand ten
years earlier, "and I have no control over my fingers," for which reason he could no
longer work as a smith;35 militiaman Santiago Alfonso, who was missing his left
arm, had a bad left foot and could not see very well, argued he needed to stay home
28
29
31
32
33
35
AGS GA, leg. 1207, Amezqueta to the archbishop of Granada, 28 April 1637.
3
AV 3-420-1, AV 3-419-2.
AGS GA, leg. 1200, Juan Chacon to king, 24 March 1637.
AHMS, leg. 904, 29, appeals for exemption, October 1640.
AGS GA, leg. 1380, consulta Council of War, 4 January 1641. The same description appears in
appeals from elderly Sevillian men; see Martinez Ruiz, Finanzas municipales, 282.
34
AV 4-33645, August 1634.
AV 3-420-2, 1641 memorial.
AV 3-4192, 1640 memorial.
40
37
AGS GA, leg. 1380, consulta Council of War, 15 March 1641.
AV 3-420-2, April 1641.
ARCV DM, leg. 297, no. 127.19. The appellants referred to cancer.
AGS CS(2), leg. 108, no. 58, September 1653. Amador Cantero had already served for twelve years
and was trying to be discharged. His captain specified the appellant was "not entirely mad, but has
lucid intervals," but agreed he should be discharged. According to Cantero's father, his madness
befell him after he witnessed his company pillaging a village.
See AGS GA, legs. 1365 and 1366 for correspondence on this levy, which was ordered on 24 January
4I
1640.
AMB, Sec. Hist., carpeta 2, doc. 8.15.
142
Common claims
the truth and suggesting another man go in his place.42 The Council of War
considered hundreds of similar requests. One, in April 1641, requested that
Manuel de Vergara Azcarate, who lived in Getafe (Madrid), be exempted from a
levy of hidalgos being undertaken by the marquis of Xodar because he was the town
clerk, he had no other job, he had to support his wife, four children, his mother and
two brothers, and furthermore had many aches and pains and illnesses. The council
consulted with Xodar, who confirmed Vergara's claims were true, whereupon the
council recommended he be left alone.43 One did not even have to have this many
excuses: Sebastian de Vargas, another poor hidalgo from Getafe, told the council he
was married, had two children, a pregnant wife, an old mother and a sister to
support, all of whom would die of hunger without him. He, too, was excused.44
There were probably few men in Castile at this time who could not make similar
arguments. Perhaps they all tried. The amount of time the king, his ministers, the
councils, and the Chancilleria spent on these letters, often dictated by the simplest
and poorest subjects in the most remote villages, must have been immense. They
not only read them, they checked them, instructing local officials to confirm the
veracity of the authors' claims and the identity of the witnesses.45 Why the Council
of War responded to some appeals and not others is not clear. Virtually no appeal
based on reasons of poverty was turned down. The council's generosity in this
regard naturally led to complaints from officers in the field; as Diego de Riano had
complained, consistent compliance with requests to be excused from service would
soon put an end to the army. In 1642, therefore, the king ordered an end to
exemption warrants, though the order seems to have been essentially meaningless.46
Many of the appeals, both from individuals and from city and town councils,
allege that the quintas were conducted fraudulently, which led to the author or
authors being unfairly included, or included when others were unjustly excluded.
On 19 May 1634, the corregidor of Madrid announced that the city and its villages
had to raise 1,112 men for the latest garrison levy; soon after, in the village of
Alhondiga, which had to supply three men, fraud was alleged. Diego Martinez de
Molino, the guardian of Diego Garcia, who had been picked in the lottery, wrote
that village officials had not informed anyone the lottery was to take place: "They
were to call a council meeting and summon all those who would enter the lottery,
which they did not do, but instead they secretly held the lottery and did not include
their dependants and relatives nor, generally, all the neighbors who were eligible to
42
43
44
45
46
AGS GA, leg. 1450, pedimiento and other papers, 4 May 1642.
AGS GA, leg. 1380, consulta Council of War, 4 April 1641.
AGS GA, leg. 1380, 27 March 1641.
In a different, but relevant context, James Casey remarks that the recourse to witnesses {informacion
de testigos) was a means by which one would broadcast to the community one's rights: "Household
disputes and the law in early modern Andalusia," in Disputes and Settlements: Law and Human
Relations in the West, ed. John Bossy (Cambridge University Press, 1983), 212. Goodman, in Spanish
Naval Power, ch. 6, recounts similar exemption appeals by sailors.
AGS GA, leg. 1461, king to Ruiz de Contreras, 24 November 1642.
143
144
Common claims
Such parallel recruiting was yet another invitation to confusion and fraud. In
October 1640, for example, a member of the Avila city council noted with concern
that taxpayers, or pecheros, were being included in an hidalgos levy either as paid
substitutes or as a way of claiming they were hidalgos, both of which meant the city
would collect fewer taxes.50 (Although, being an hidalgo in Avila was not saying
much, judging by the experience of magistrate Juan Chacon, who three years earlier
reported that he had found thirty-two hidalgos in the city, only three of whom could
afford even to outfit a horse. It would be understandable, in these straits, that the
hidalgos would not want to be conscripted, though how they would have paid off the
pechews is unclear.)51 The hidalgo levies were, on the one hand, a leveling device
aimed at making sure nobody escaped military service; on the other hand, they
underlined how important the distinction of order was, or how important it was
supposed to be. Separate-but-equal regiments made little sense when, as in the case
of Avila, many hidalgos were too poor to subsist and their absence from the city was
of less importance than the absence of commoners. Hidalgos with means either paid
for substitutes or were military officers anyway; in Madrid, those who were not
excused for poverty or illness were required to pay between 300 and 500 reales for
the merced of being allowed to stay home.52
Drafting hidalgos not only magnified the possibilities for fraud and pointed out
how meaningless the social distinction had become, but it also introduced new
schisms into communities. The Chancilleria heard several cases filed on behalf of
towns' pecheros against the hidalgos, or vice versa, claiming either that the latter's
privileges had not been respected or that the hidalgos had been granted privileges
not rightfully theirs. The hidalgos complained that they were being taken as
soldiers, assigned monetary impositions, and forced to have soldiers billetted in
their homes, while the hombres buenos complained of exactly the opposite.
An unsigned report drawn up in 1642, probably to prepare the way for yet another
reorganization of the militia, offered a scathing indictment of the militia's overall
recruitment operations. Sergeant majors added the dead to lottery rolls and excluded
those "who could appeal to [their]... love of money," it said. Because of corruption
and the high desertion rate, the number of men eligible for lotteries had to be
augmented, meaning that peasants who were needed in thefieldswere sent off while
landowners, "who could far more comfortably go," were left alone.53 Philip, having
seen a multitude of reports describing these injustices, issued a stern fourteen-point
order on 31 May 1642 promising that military officials who cooperated with or
turned a blind eye to fraud would be severely punished, while volunteers who
deserted would be put to death. But the very length and detail of his exposition of the
punishments and the crimes reveal an impotence to do much about them.54
50
51
53
54
145
Towns were held collectively responsible for fulfilling a recruitment quota. If one
man managed to dodge the lottery, another usually paid the price, and if men
deserted or hid, their villages had to come up with replacements. So, in many ways
a military levy put a community to test. On the one hand, the concejo y vecinos
146
Common claims
might stand united against their city or the sergeant major; but villagers might also
be pitted against one another, as fraud, violence, privilege, and favoritism decided
who would go to war and who would stay. Those who were resourceful or clever or
lucky enough to win a letter of exemption were undoubtedly envied at home,
regardless of how poor they had to be to get that letter. When levies were
commuted to financial assessments, disputes broke out between the poor and the
poorer regarding the regressive nature of what was essentially a soldiers tax.
Military recruitment was an occasion for paying off old debts, for getting rid of
unwanted neighbors, and for making one's money or power or connections count
for something.
The substitute system was an obvious source of rifts within a community. If a
man's arguments of poverty, illness, status, or fraud failed to release him from a
quinta or from impressment, he was usually allowed to try to find a substitute. Or,
sometimes he was allowed to provide a substitute only if he satisfied some other
reason for exemption - in other words, he was allowed a substitute precisely
because he was poor or sick. Some men could pay, but others could not, and the
king's advisers were well aware that such an arrangement favored the rich. The
poor ended up literally selling themselves as a way of earning money (and many
sold themselves again and again) or going into debt for years so as to be able to pay a
substitute. Yet despite reports that substitutes often did not report for duty - and
that the militia would have been better off without those who did - the Council of
War reiterated in 1641 that a man who offered a substitute had fulfilled his duty,
regardless of whether or not the substitute actually showed up or was qualified to
serve. Such a policy, Gaspar de Bracamonte warned, was an encouragement to
desert. It also must have emphasized whatever class differences existed in a given
town.55
Men who wanted someone else to go in their place first had to find someone. In
the case of Madrid guild members, unwilling soldiers signed an obligation with the
ayuntamiento (which was responsible for the levy), had two witnesses affirm the
identities of those concerned, submitted a memorial explaining the reasons for the
substitution, and, finally, obtained permission from the city's junta de soldados.
When the substitute arrived at his company, his captain signed a small, 4-by-6inch chit confirming his identity and physical description, and he sent the paper
back to the city council.
There does not seem to have been any set criteria for establishing who was an
appropriate substitute and who was not, though many of them obviously fell into
the latter category. Some were probably the more unskilled members of the guilds,
which certainly could not have endeared apprentices to their masters. Master
glassworker Pedro Soley, for example, whose name was picked in his guild's
55
AGS GA, leg. 1402, Gaspar de Bracamonte to Fernando de Contreras, 23 April 1641. In imperial
Russia, communities pooled their resources to buy substitutes in a complicated, but apparently more
equitable system: Keep, Soldiers of the Tsar, 147.
147
AV, 3-4192, 30 August 1640. The previous examples are from the same legajo.
AGS GA, leg. 1461, correspondence 22 August-13 September 1641.
ARCV DM, SG, leg. 297, caja 127.19, "Memorias y ajustamientos para la formation del tercio . . .,"
1646, fol. 62.
AMB, Libros de Actas, 16 February 1640.
148
Common claims
Yudego (Burgos), which, like Pedraza, had been forced to hold a second lottery
after members of its first batch of soldiers had fled, authorities were holding not
only the replacement soldiers but the original ones as well, who had all been
recaptured.60 Some towns routinely jailed men whose substitutes had vanished,
because, regardless of the Council of War's insistence that by merely finding a
substitute a man fulfilled his duty, towns knew that they still would have to come
up with a replacement.
For that reason, as the recruit pool shrank and demand grew, townspeople were
naturally anxious to recover their fugitive soldiers. Starting in 1640, there was a
concerted effort by the Crown to round up deserters, an effort whose periodic
revival pointed to its faint success. The king appointed Chancilleria magistrates to
take charge, and specifically told one, Geronimo de Fuenmayor, to cover his
expenses by taking funds from village properties and granaries - another reason
why villages surely preferred finding their own fugitives, as it cost them less.
Fuenmayor was also instructed to take villagers as soldiers if he was unable to locate
the deserters.61
The anti-fugitive campaign took a particularly virulent turn under the direction
of Don Rodrigo de Santelices, an Inquisition official and "honorary chaplain of His
Majesty" who had been named superintendent of the militia in Cuenca. If local
town authorities could not find their deserters, Santelices said, then they should
capture the missing men's guarantors, their fathers, their brothers, or their relatives
up to the fourth degree, and send them to the front instead. The expense for this
operation would be paid by the fugitive, to which end authorities were empowered
to seize any property he had left behind. Anyone who collaborated in concealing a
deserter's whereabouts, and any village official who failed to go after deserters with
the appropriate zeal, would be punished. The old-fashioned practice of gathering
testimony from several vecinos, which, as we have seen, was used to verify exemption appeals and substitution arrangements, was jettisoned in favor of relying upon
just one denunciation from one vecino, who did not even have to be from the same
town as the alleged culprit. Even Jose Gonzalez, of the Junta de Ejecucion, had
doubts about the wisdom of such an approach. Although he had to admire the good
chaplain's enthusiasm, he said, "some of his orders are most irregular and rigorous.
In particular, I cannot agree that local judicial officials should have a free hand in
sentencing, because there could be great injustices and they could act out of passion
and revenge against their neighbors."62
Pedro Pacheco, a member of the councils of Castile and the Inquisition, who had
been named superintendent of the militia in Toledo, decided in 1643 that any man
who had been chosen in a lottery could evade military service if he came up with a
60
61
62
149
Both the Cabanas and the Sonseca cases date from 1644 and are from AMT Milicias, caja 12,
cuaderno 2. Sonseca had bought its own freedom from Toledo in 1629, but in 1640, unable to pay off
what it owed the city, sold itself to a Portuguese financier. A subsequent lawsuit over conditions of the
sale lasted decades. See Moxo, Los antiguos senorios.
150
Common claims
all, or they were members of another guild, or their master had illegally impressed
them.
One of the more prolific of such petitioners was Cosme Sanchez, whose treatment at the hands of his guild brethren makes it clear he was thought highly
expendable.64 Sanchez, who had an oil and vinegar shop, began his epistolary
relationship with the Madrid authorities three days after his guild had "maliciously" captured him and he was "dying of hunger" in jail. Other quintados had
received money from the guild, while he had received nothing, he said. He claimed
his name had not even been among those put into the urn, though it is unclear why
that would be so. In any case, his name was miraculously picked. He asked that the
lottery be held again and promised that if he were chosen this time he would
willingly serve and would pay his assessment of ioo reales "like all the rest, even if I
have to beg alms." The lottery was not held again. Twenty days into his jail stay,
Sanchez wrote that he was selling his belongings so his wife and children could
survive, and he added that he was fifty years old and very poor: "No other member
of the guild except me is being held prisoner, and in all this time no one has helped
me, and I beg for justice," he wrote. A month later, it was more of the same:
"Everyone who was being held prisoner has been freed and I have no remedy, nor
help from anyone." His wife would make bail, he said, if they would only let him
go. Three months after his capture, he took a different approach: Although the
guild and the authorities were saying he was a shopkeeper (tendero), he was no such
thing, he said; it was his wife who had had a little store on Calle de Atocha, which
had hardly brought in anything, so little, in fact, that after his three months of
imprisonment she had closed the store and had become a servant. If it weren't for
the alms he received in prison, he said, he would have died. One month later he was
still there, insisting he was not a tendero but rather "a poor worker." Sanchez's next
letters concern his inability to pay 150 reales for his militia uniform; he proposed
that he be allowed to leave Madrid and prove within twenty days that he had passed
muster with his company. If he failed to appear, he promised, he would pay 800
reales, though he gave no indication how he could possibly do such a thing. In
September 1640 we find the Madrid militia junta finally ordering the guild to give
him the 150 reales for his uniform, followed by a similar order in November.
Sanchez, whom we lose track of after the junta's orders, may not have been
considered a valuable enough member of the community oi tenderos to worry about;
he apparently had no friends. The guild may even have wanted to get rid of him
(and his wife). However, this poor, neglected man wrote at least eight memoriales to
the corregidor in the space of four months. They were all considered, and they seem
to eventually have had some effect. To some degree, he could seek the justice from
the authorities that he had been denied by his peers. He and his cellmates were
helped in this quest by the pro curador de los pobres presos, a Madrid official whose job
64
Common claims
presence of recruiters, soldiers, and camp followers. Local authorities hated lotteries, whether for militias or garrisons, because of the disruption they caused. One
particularly unsettling aspect of the recruiting process was gambling, a virtual
military monopoly that was permitted as an enticement to enlist and as a time-killer
once men had signed up or been picked. Captain Alonso de Contreras, for example,
recounts in his memoirs that when he was recruiting in Ecija in 1603, "[the men]
immediately picked up the military habit of gambling. It was a custom in the army
that the drummer boy keep a terra cotta jar for the pool, and, in the evening, he
would break the jar open, and with the proceeds the soldiers would buy dinner."
The oldest established permanent floating craps game in Castile (actually, they
were games of cards, dice, and bolillas, or small balls) was a magnet for trouble.69
Billetted troops were a traditional scourge in Castile (as they were throughout
Europe), and the alcaldes de casa y corte and corregidores in Madrid seem to have
spent much of their time controlling unruly soldiers and preventing them from
harassing locals such as Sebastian de Cabrejas, a poor man who ran a pension and
who was being persecuted by drunken soldiers who routinely stole his beds.70
Lotteries were somewhat less catastrophic, as at least one did not have rude
outsiders camped out eternally in one's home, but the ceremony of the quintas, the
subsequent appeals, and then the expense of holding men for weeks in jail - and the
jail was usually on the town square, and thus very visible - was a drain and a risk. In
a city such as Madrid, where there were no fewer than thirty-two recruiting flags
hoisted in April 1639, it must have been a logistical nightmare. In Benavente
(Zamora), which between March 1659 and May 1665 held at least twenty-five
lotteries (with as many as four in one week, after each successive one was challenged), it was surely a continual source of disruption, jealousy, and fear.71
Towns and cities could try to ward off recruiters and levies, but they were not
always successful. They could, however, evade lotteries by impressing wanderers,
good-for-nothings, and idlers, in addition to recovering fugitives. In other words,
town authorities took advantage of the lottery to conduct some social cleansing;
such was the case in the duke of Bejar's town of Burguillos, as we saw, where
authorities rounded up petty criminals, wife-beaters, drunkards, and derelicts.
Leaving aside the drawbacks offillingan army with such men, it had obvious social
and political advantages. Castillo de Bovadilla could not have been more clear:
69
70
71
Philip Dallas, ed. The Adventures of Captain Alonso de Contreras (New York: Paragon House, 1989),
65. Jose Javier Ruiz Ibafiez, "Las dos caras de Jano: Monarquia, ciudad e individuo en Murcia
15881648" (Ph.D. diss., Universidad de Murcia, 1994), 721-4, provides details of such gambling
operations in Murcia. (The University of Murcia published Ruiz's dissertation, under the same title,
in 1995.) The corregidor of Zamora commented during the Levy of the Corregidores that the only way
he was holding on to recruits was by letting them gamble; AGS GA, leg. 1207, Vicencio Vecaria to
archbishop of Castile, 19 February and 12 March 1637.
AV, 3-419-2, autos 18 May 1640, 24 June 1641.
AGS GA, leg. 1276, consulta archbishop of Granada, 9 April 1639; AMBe, leg. 1.
153
Common claims
be sent to Madrid, he barricaded himself in, threatening to kill the alcalde and
promising that if they took him to Madrid, Quixorna would remember him.74
His fate is, regrettably, unknown, but stories of such sexual impropriety appear
again and again among the justifications for impressment. Charges of adultery,
wife-beating, abandonment, and licentiousness were often leveled on top of the
more mundane allegations of theft and drunkenness, as if to ensure that the
impressment would stick. Often they were the only charges made.
Several residents of Toledo's towns and villages ran into such accusations in
1639-40 when the entire province was trying to raise 1,113 m e n f r t n e fifth round
of the garrison levy. The town of Herencia was still short three men in February
1640. Not surprisingly, it resorted to capture. First it went after Martin Garcia, a
vecino, who successfully persuaded the Toledo city council that he was physically
unfit. Trying a second time, it captured Pedro Aragones, who previously had been
excused from a lottery in Herencia due to illness and was reaping hay at his new
home in the village of Arenas when he was captured. Aragones was an upright man,
his brother-in-law testified, who lived, worked, and paid taxes in Arenas. He was u a
good, God-fearing Christian (who has) led and leads a married life with his wife."
The young, pregnant wife, Maria, presented five witnesses on her husband's
behalf, and the Arenas clerk testified that Aragones' name appeared on Arenas tax
records from 1635, a s wen< a s o n x^37 a n d 1638 militia lists. Undeterred, the
Herencia town council argued that Aragones was a "good-for-nothing, and although he has been married more than three years, he does not live with his wife,
and he is accustomed to taking what is not his against the will of the owners . . .
[and] therefore he is among those included in His Majesty's edict."75 The town
provided no evidence to back its claims. In his own defense, Aragones accused the
town of capturing him so as to relieve others of the burden, others such as "Juan
Paulete, a servant of Don Juan de la Veldad, who is a rich and powerful man, and to
please the said master the town released [Paulete]." Aragones also protested the
harassment his wife had been subject to while he was in the Toledo jail:
The authorities' passion has reached such a point that when my wife, Maria Lopez, and her
brother, Juan Sanchez [sic], were on their way to Toledo to aid in my defense, they seized her
baggage and threatened the said Juan Sanchez that if he came to this city they would capture
him as a soldier, too.
Strange behavior for authorities who professed concern over the welfare of the
young wife, who was busy trying to free her husband.
Manuel Gomez Mostoles, whose lawyer described him unconvincingly as a
"poor working man," did not have such a devoted wife, which was not surprising.
Although he argued he was from Madridejos, not Consuegra, where he was
captured, Consuegra did not care. According to the town, he was
74
AV 3418-7.
75
155
This portrait was backed up by five vecinos, whose accounts were at times verbatim
repetitions of the town's assessment. Two of them added the news that once, when
he got angry, Gomez had set his wife's bed on fire; both recounted the tale in
virtually the same words. No other crimes were attributed to Gomez other than
marital abandonment and causing the oft-mentioned "troubles and sorrows"
{inquietudes y pesadumbres).
Juan Romero, also from Madridejos, was an even worse specimen. He was
arrested one night in a local inn with his lover, a married woman who, the
proceedings say repeatedly, "because she is married is not named here." Four
vecinos confirmed the town council's version - that Romero was a gambler, had a
mistress, and mistreated not only his wife but also his mother-in-law and his
children. Acting in his own defense, Romero accused the town of disobeying the
king's orders and acting out of "hatred and bad will." He had four children, the
oldest of whom was six, and he was not a malentretenido - "on the contrary," he
said, without elaborating. He had learned that the authorities were accusing him of
living in sin with his sister-in-law, which was untrue. No one was living in sin, and
the woman in question was his wife ys sister-in-law, he clarified, removing all doubt
that he should have hired a lawyer.77
Through these examples it can be seen that military recruitment used and
touched women's lives beyond the obvious, though no less terrible, one of leaving
them without their sons, husbands, brothers, and lovers. Women could neither
vote nor hold office in the c once jo, and therefore their role in this story is not a
political one.78 But nor is it a marginal one, as some historians would have us
believe. The records tell of wives who were angry, abandoned, or wronged; of
defenseless potential victims of sexual abuse; and, also, of adulterers and whores.
Some may have "floated along the margins of respectability," but the vast majority
raised families, worked, and put up a good fight.79 There are contradictions in the
portraits, indicating disagreement over or unease with what women were supposed
to do or be. Men's appeals for exemption, for example, consistently pointed out
that their women relied on them for sustenance, a reason often considered sufficient
to excuse them from service, yet presumably all women were in a similar situation.
Some men adduced that without their presence their wives would be taken
advantage of; again, this could be true for everyone. And the same authorities who
76
78
79
AMT Milicias, caja 17, April 1640. Consuegra was headquarters to the priory of the Order of San
Juan, Toledo's most powerful military order. Madridejos had also pertained to the order, but became
77
an autonomous town in the late 1550s.
AMT Milicias, caja 17, April 1640.
Widows paid taxes and were vecinas but voted only by proxy. See Nader, Liberty, 32-3.
Mary Elizabeth Perry, Gender and Disorder in Early Modern Seville (Princeton University Press,
1990), 9.
156
Common claims
expressed concern for the welfare of women whose husbands mistreated them were
not at all hesitant about snatching perfectly faithful bread-winners away from
thousands of other women.
What was it like for those women? Probably unbearably difficult, for a variety of
reasons. By the 1630s, fear of desertion on land meant some infantry no longer
received an advance, getting paid only once they arrived at the garrison, which left
the wives empty-handed. The king in 1640, having had it brought to his attention
that many Madrid militiamen had left needy wives and children behind, issued an
edict that they go to Don Antonio de Valdes u to inform him of their needs and
family obligations, and, in accordance, they will receive whatever is just for as long
as the militia soldiers are gone."80 Similar orders were to be issued wherever
militiamen were being sent out of their districts. Nothing of the sort was done,
however. Six months later the Junta de Ejecucion told the king that militiamen's
wives had petitioned the junta about the dire straits they were in, saying the
promised aid had never materialized. It is unlikely it ever did, considering that the
Crown's financial situation only got worse. Widows and orphans were allotted
pensions according to the rank of the deceased: five re ales per day for survivors of
maestres de campo, four reales for sergeant majors and cavalry captains, three for
infantry captains, two for lieutenants, and one for sergeants and soldiers.81
Women, then, could be expected to do everything possible to either prevent their
men from being taken or get them back once they were gone, even if they had not
been the most faithful of husbands. Many of the appeals for exemption come from
wives and mothers, women such as the young Maria Lopez, who organized her
husband Pedro's defense, or 80-year-old Maria Perez, who took the town of
Villaseca de la Sagra to court to recover her son.82 More than one rattled authority
reported being acosted by wailing women. In one such case the marquis de
Valparaiso wrote from La Coruna that a group of women had brought their
children to him and threatened to throw them in the sea if their men were taken.83
Not only did the women lose their principal source of income; many were
saddled with newfinancialobligations in their husbands' absence. Such was the tale
of dozens of Madrid wives and widows who described harassment by a variety of
tax collectors and guild officials who claimed they were liable for their husbands'
alleged debts. Unable to pay, their belongings sometimes were seized by the
alguaciles, leaving them with truly nothing except hungry children and a few coins
with which to pay a clerk to write a memorial: Polonia de Losada u is so poor that in
80
81
83
AGS GA, leg. 1334, draft of edict sent to the corregidor of Madrid, 30 August 1640. Valdes was a
member of the Council of Castile and militia superintendent in part of New Castile and Extremadura.
For seamen's wives see Goodman, Spanish Naval Power, 191-2.
AGS GA, leg. 1380, consulta Junta de Ejecucion, 21 January 1641; AGS CS(2), legs. 319 and 331. The
figures here refer to a specific group of casualties, and I cannot say to what degree they can be
82
generalized for all widows.
AMT Milicias, caja 10, cuaderno i,pleito, 1634.
AGS GA, leg. 1326, marquis of Valparaiso to king, 25 December 1639. The marquis, Francisco de
Irarrazabal y Andia, was captain general of Galicia.
157
AV 3-420-1
A G S GA, leg. 1363, Corregidor Pedro de Cordoba to Pedro Villanueva, 26 June 1640.
8?
A H N Osuna 242.1.9, Geronimo de Valera to duke of Bejar, 25 April 1634.
AV 3-420-1.
A G S GA, leg. \i\\, oidor Luis de Castilla to king, 19 March 1638.
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Common claims
attribute Spain's defeat to their presence, which, he surmised, had incurred the
anger and judgment of heaven. A troupe of wives and children following in the
soldiers' footsteps had to have been a considerable incentive to desert. Equally
damaging, from the commanders' point of view, the families augmented the
companies' food bill, encumbered transport, and, it was said, encouraged mutinies
on account of their suffering, though they also performed essential tasks such as
sewing, cooking, fetching, and tending to the sick and the wounded. Prostitutes
(between four and eight per company of 200 men) brought venereal disease and
discipline problems with them, but their presence also may have defused other
sorts of discipline problems. Philip suggested in August 1638 that the Council of
War investigate reports that a company that had just left Madrid was accompanied
by "many women of ill repute" ("mujeres de mal vivir"). Presumably, the council
had more pressing tasks.89
Left on their own, women could go hungry, they were in danger, they were a
temptation, and they could be tempted. It was an unappealing fate. But the courts
were not kind to those who found comfort with someone else. A woman in the
village of Ventas (Toledo), for example, whose husband was on the galleys, was
"running around and doing many scandalous things," and she was banished with
the admonition that she should "go and find her husband and live with him
again."90 How was she to find her husband? How did she even know he was still
alive? It could take years for a war casualty to be confirmed, and in the meantime a
woman could not remarry. Michael Weisser, who looked at many of the Toledo
towns included in this study and uncovered the Ventas case, remarks that "there
was a real fear of single persons in the community, which manifested itself in
frequent harassments of men and women who were not members of a family
group."91 Thus it was not only loneliness, poverty, and lechery they might have to
face, but suspicion as well, and a legal and moral context that made it virtually
impossible to do anything to change their situation.
The absurdity of the king, the councils, or the corregidores excusing a man from
military service because he had a wife and children while at the same time shipping
off thousands more makes one wonder why the language of military recruitment
placed so much emphasis on sex and family. Gender could get a man excused if he
argued the importance of fulfilling his proper role; it also could get him impressed if
he violated the confines of that role. Along with honesty and poverty, sexual fidelity
was the measure by which men were judged, for better or for worse, though the
wars largely prevented them from engaging in anything other than celibacy or the
very licentiousness for which captives were punished.
89
90
91
AGS GA, leg. 1226, king to Fernando de Contreras, 6 August 1638. On the presence of women in the
army, see Tallett, War and Society, 1324; and Parker, Army of Flanders, 175-6. The Leucate
anecdote is from Tallett, 274 n.
AMT Causas criminales, no. 767, October 1622, cited by Weisser, The Peasants of the Montes, 79.
Ibid, Si.
159
93
Casey, "Household disputes," 196; Fernandez Navarrete, Conservation de monarquias, 184-5. Very
little research has been done on the early modern Spanish family. See James Casey, et al., Lafamilia
en la Espana mediterrdnea (siglos x\-xix). (Barcelona, 1987), which emphasizes demography and
inheritance; Heath Dillard, Daughters of the Reconquest: Women in Castilian Town Society, 1100-1300
(Cambridge University Press, 1984); Perry, Gender; and Augustin Redondo, ed. Relations entre
hommes et femmes en Espagne aux xvi et xvn siecles. (Paris: Presses de la Sorbonne Nouvelle, 1995).
Among contemporary marriage manuals are Fray Luis de Leon, La perfecta casada (1583; Madrid:
Ediciones Rialp, S. A., 1968), and Fray Vicente Mexia, Saludable instruction del estado del matrimonio
(Cordoba, 1562).
Castillo de Bovadilla, Politica, vol. 2, ch. 13, 452; see also Jose Antonio Mara vail, La literatura
160
Common claims
To the degree that people were set apart from their neighbors, then, they were
more likely to be victims of impressment - indeed, Castillo de Bovadilla found
legitimation for such social cleansing in Christ's Sermon on the Mount.94 And, by
the same token, insofar as the opinion of one's neighbors could prove to be the
decisive factor in determining whether one went to war or stayed home, it is
probable that the threat of military recruitment inclined men to conform to the
prevailing rules of social behavior, and even defused antagonisms among townspeople.
DISOBEDIENCE AND NON-COMPLIANCE
All the men who tried to get excused from military service or find a substitute, all
the towns that filed appeals to reduce their quota of men or sued to protest their
obligation altogether, and all the municipal councils that delayed and diverted
and distracted in order to gain time, were essentially playing according to the
rules. They were obeying but not complying. They did not question the right of
the Crown to issue orders; they merely took issue with the orders' relevance to
them.
But there were some who opted not to play. Rather than filing an appeal, they
simply left. They hid to avoid lotteries, deserted once they were in the army, and
reached for their guns to dispose of unwelcome recruiters or constables. They did
not wait for their c once jo to decide; they decided on their own. Such individual
decisions rested on some sort of social assent. Evasion and desertion indicated a
degree of community solidarity; presumably, these men received help, though it is
difficult to ascertain how much or from whom. So, too, did outbreaks of violence
indicate a certain organizational capacity on the part of vecinos, possible tacit
consent by town officials, and, obviously, a breakdown in the Crown's legitimacy.
In Richard Cobb's words, desertion was a "popular movement by default."95
As soon as levy orders were even hinted at, men vanished. The fishermen of
Santander, "with their livelihood in their nets, took it with them to Vizcaya."96
Those inland took to the hills, or moved to another village, or joined the growing
ranks of vagabonds. They moved from one place to another, crossing jurisdictions.
"We've had to seek them day and night throughout the countryside," the corregidor
of San Clemente wrote; "With the recent levies for the garrisons, everyone is so
94
95
96
picaresca desde la historia social (siglos xviy xvn) (Madrid, 1986), 24651. Susan Tax Freeman has
written of the contempt in which all itinerants were held, which made them good fodder - except for
gypsies, who were despised too much even for that, as was seen earlier. See Neighbors: The Social
Contract in a Castilian Hamlet (University of Chicago Press, 1970), 179. The reason why gypsies are
hated so much, a character in a modern Basque novel explains, is because all the shepherds' misdeeds
are blamed on them; Bernardo Atxaga, Obabakoak (London, Huchinson, 1992), 104.
Castillo de Bovadilla, Politica, 453.
Richard Cobb, The Police and the People (Oxford University Press, 1970), 103.
AGS GA, leg. 1152, memorial, 8 November 1636.
98
99
100
A G S GA, leg. 1364, Francisco Feran de Rioja to king, 5 May 1640; AGS GA, leg. 1371, Andres
Flores de la Parra to archbishop of Granada, 3 February 1639. With regard to Zamora, it is important
to note that men deserted when they faced shipment to Catalonia; generally, they did not desert if
they were called to fight against Portugal, which they regarded as self-defense.
Jonathan Brown and J. H. Elliott, A Palace for a King: The Buen Retiro and the Court of Philip 7F(Yale
University Press, 1980), 2 - 3 ; Ringrose, Madrid and the Spanish Economy, 313.
Francisco de Quevedo, The Scavenger, tr. Hugh A. Harter (New York: Las Americas Publishing
Company, 1962), 74-5.
Martin Hume, The Court of Philip IV. Spain in Decadence (2nd edn; New York: Brentano's, 1927),
356.
162
Common claims
noted that some recalcitrant soldiers were even receiving the protection of certain
ambassadors.)101 They made their rounds armed with royal warrants that granted
them full jurisdiction over military personnel (causing problems with the Council
of War, as was seen in chapter i), staging simultaneous sweeps in different parts of
the city so fugitives would have a harder time escaping. But the insistent issuance of
identical registration orders shows how futile it was. Men hid in their homes,
moved from safe house to safe house, bribed the alguaciles, or otherwise managed to
survive amid the noise and notorious filth of the crowded Madrid streets.
The guilds, once again, were a world apart. Just as they held their own lotteries
and negotiated their own substitutes, so too they were responsible for their own
fugitives, though the latter were turned over to the alguaciles. Each guild had a
repartidor (from repartir, to distribute) whose job was to draw up a list of men
eligible for the army and make sure the guild delivered its assigned number of
soldiers. If it did not, he had to pay the cost of hiring an alguacil to round up
shirkers. As a result, the repartidores made every effort to fulfill their quotas, which
meant the nastier ones often snatched up poor, defenseless apprentices, shop clerks,
and laborers.
One man who managed to evade the militia for a while was Juan de Larrea, a
shoemaker, whose name had been picked in his guild's lottery to join the militia
company of Gabriel Lopez de la Torra. Despite the many edicts ordering militiamen to join their companies,
under pain of death and loss of property, the abovementioned did not fulfill his obligation,
and although the saidflagand company left this court in the service of His Majesty the said
Juan de Larrea remained in the said city, hiding and concealed . . . with which he has
committed a crime worthy of punishment.102
Another unwilling player was Geronimo Salmeron, an embroiderer and a former
militiaman. He, too, had ignored the incessant edicts. It was true, he admitted in
court, that he was a soldier in the company of Don Francisco de Enriquez de
Villacorta, a Madrid regidor. But Enriquez had told him to "do nothing until His
Majesty ordered him to leave . . . and he has been waiting until the said captain
raises hisflagso as to serve His Majesty." He was asked if he knew about the edicts,
and if so, why had he not registered. None of the other soldiers in his company had
registered, he said, and they were all in Madrid. When asked for the names of the
other soldiers he said he knew just two, and offered these to the court. He was then
taken off to jail, and his property was seized. But there was something odd about
Salmeron's case; in the interim between the edicts and his arrest, he had been living
in the home of Enriquez. According to the regidor, Salmeron "would come by now
and then to see if I needed anything," and if anyone was to blame it was he,
101
102
163
105
106
164
Common claims
leeway, in addition to frequent judicial squabbles about who had jurisdiction over
soldiers, a proven reluctance on the part of townspeople to turn in their respectable
neighbors, and the ease with which one could lose oneself among the crowds of
Madrid or the hamlets of Castile, desertion appears to have been a fairly safe risk to
take.
Let us now turn to a few of the men who took that risk.107 In March 1635 the king
issued a warrant to the corregidor of Zamora warning that many deserters were
leaving Flanders and then returning to Spain through Guipuzcoa or Navarre. If
any should make their way to Zamora, Philip said, the corregidor should capture
them. On 3 May the corregidor reported success. There had been news that four
strangers (forasteros) were begging for alms in the city, and they were taken in for
questioning. One of them, a 26-year old stone worker from Salamanca, had proper
discharge papers from the company of the king's brother in Flanders and was
released after questioning. But the other three were not as fortunate. Alonso
Rodriguez Morales, a silk worker from Zafra (Badajoz), who said he was over
eighteen, had, "through a misfortune," enlisted two and a half years earlier in
Seville. He had served in Italy, Germany, and Flanders, and had been on his way
home when he was robbed of his discharge papers in France. Francisco Alonso, a
peasant from Torrecilla de la Orden (Valladolid), had enlisted eleven years ago
when he was around seventeen, had served in Lombardy and Valencia, and had also
been robbed of his papers in France, near Montpellier. He had been travelling in
Spain with a companero whose name he said he did not know. That man was
Bernabe Perez, who, as befits a vecino of San Lucar de Barrameda (Cadiz), was a
sailor. Perez said he had fallen ill in Dunkirk and had been on his way from
Valladolid with Francisco Alonso to take the waters at Banos de Ledesma (Salamanca) when they were all captured.108
In another case, Sergeant Diego Diez de Arrieta, who belonged to a company
pertaining to the coronelia of the duke of Bejar, fled with two or three soldiers after
trying to induce the entire company to desert on its way from Burgos to La Corufia.
He made the mistake of returning to Burgos, where he was caught. Corregidor
Pedro Guerrero prosecuted the case, whose gravity he said was augmented by the
fact that Diez had also attempted to "disturb and entice a young lady, the daughter
of an upright vecino of this city, and the case is extremely serious."109
One of Guerrero's successors, Don Francisco de Bazan - who was also a
procurador for Jaen and a member of the Council of Castile - in 1642 received
orders from the king to seize all fugitive cavalrymen in his jurisdiction and turn
their horses over to the pertinent authorities. The horses, not the men, were the
107
108
109
There are very few documentary traces of deserters, whose cases would have been heard by
corregidores or the Council of War. The papers of the former appear mostly to have been destroyed
after they left office, and I found very few; all the judicial papers of the latter have disappeared. The
cases discussed below are based on the preliminary questions put to suspects by the corregidores.
AGS GA, leg. 1148, ce'dula, autos, and questioning; May 1635.
AGS GA, leg. 1178, Pedro Guerrero to king, 24 March 1636.
165
111
AGS GA, leg. 1454, cedula, autos, and questioning; February 1642. On the Crown's dire need for
horses during this period see R. A. Stradling, "Spain's Military Failure and the Supply of Horses,
1600-1660" in his Spain's Struggle for Europe, 235-50.
AGS GA, leg. 1405, Alcalde Mayor Mateo de la Rasa to king, 17 September 1641; count of Torralba
to Ruiz de Contreras, 3 December 1641.
166
Common claims
were thousands of such men criss-crossing the Iberian Peninsula, with or without
papers, on their way to a front or a garrison or on their way home, meeting up with
countrymen, staying in villages, occasionally getting caught, and probably escaping
again. Once captured, they were carefully questioned and then spent weeks in jail
while the corregidor awaited word from the Council of War on what to do with
them. Constables, town clerks, jailers, corregidores, the Council of War, and even
the king himself devoted considerable time to men who had made a great effort to
leave the army and were therefore unlikely to return without a fuss. It was not very
cost-effective.
Men deserted for the same reasons men always desert: They were hungry, they
were unhappy, they had not been paid, they missed home. The miserable conditions under which most common Castilians lived are described in nearly every
letter of appeal and every request for delay. Some men probably went to the army
figuring it could be no worse than living at home; they may have been right. But
many others obviously preferred known suffering to the unknown and were willing
to take risks to stay or return home. They eked out a living, tried to keep the
recruiters at bay, moved around when they had to, occasionally lied. It was a society
that bore immense hardships while appearing calm and orderly. Rarely were there
signs of unbearable stress. Rarely did people resort to violence to ensure they would
be left alone. Generally, they had no need of such measures. It was a sign not of
complaisance but of resources. It would be foolish to rebel if one could attain the
same end with less trouble.
Occasionally, however, there were fissures in this delicate balance, bursts of rage
and disobedience. Even allowing for exaggeration on the part of petitioners and
town officials, it would indeed be surprising if the hunger and poverty they
described did not win out, now and then, over loyalty and resourcefulness. A Jesuit
in 1638, for example, reported a "big disturbance" in Toledo:
A great many common people, such as weavers and others, gathered together saying they
wanted to kill city authorities because they could not find bread. Great effort was taken to
pacify them, they calmed down, they were given bread.112
One of the remarkable things about seventeenth-century Castilian history, of
course, is that such incidents were not more frequent. Violent expressions of
popular discontent were rare. The imposition of the salt tax had set off rioting in
Vizcaya in 1632; Evora (Portugal) erupted in 1637 when Philip tried to introduce
new taxes; and a wave of public disturbances swept through Andalusian cities from
1647 to 1652, the result of food shortages and the tax burden. There were also
smaller tax riots in Toledo, Valladolid, Burgos, Segovia, Murcia, and Seville. The
dukes of Bejar faced peasant riots at least five times between 1628 and 1648. To
some degree, noble resentment of Olivares and his foreign and fiscal policies was
112
167
114
115
116
Thompson, "The Government of Spain in the Reign of Philip IV" in his Crown and Cortes, 46-8.
The Basque town of Fuenterrabia was under siege by the army of Conde from July to September.
The sites of tax riots are taken from Thompson, who provides no source. On the Andalusian riots,
see Antonio Dominguez Ortiz, Alteraciones andaluzas (Madrid: Narcea, S.A., 1973). On Bejar, see
Jago, "The 'Crisis of the Aristocracy'," in Past and Present, no. 84 (1979), 79.
Charles Tilly might disagree. According to him, European states gradually moved away from seizure
of the means of war (including men) and toward their purchase (i.e. taxes) because "the mass of the
subject population resisted direct seizure of men, food, weapons, transport, and other means of war
much more vigorously and effectively than they fought against paying for them." Charles Tilly,
Coercion, Capital, and European States, AD ggo-iggo (Cambridge, Mass.: Basil Blackwell, 1990), 84.
For a general study of the impact of billetting in rural areas see Myron P. Gutmann, War and Rural
Life in the Early Modern Low Countries (Princeton University Press, 1980), ch. 2.
The town referred to in the documents as Villafranca was Villafranca y los Palacios, also known as
Villafranca de la Marisma; today it is called Palacios y Villafranca.
168
Common claims
lost respect for the alcalde mayor and were intent upon killing him," according to a
report by the Council of War. The council decided to prosecute several townsmen
for having prevented the alcalde mayor from unfurling his recruitment flag:
They organized to resist the order to raise thirty soldiers, saying they did not want to
comply, and they threatened to kill the alcalde mayor and other judicial officials if they
insisted. They met for many nights in the home of Juan Esteban Madrono who, as a rich and
well-connected man, accustomed to committing serious offenses, accompanied them. The
alcalde mayor, seeing it was impossible to capture them, announced he had divided the
vecinos into groups of eight men and that each group should raise a soldier. Not only did they
not obey, but they had collected gunpowder and bullets, arquebuses and other weapons to
stop execution of the levy.117
Worried that such subversion would set a bad example for other towns, the Council
of War undertook an investigation of the events in order to punish those responsible. It sent a judge, a constable, and a clerk, all at the town's expense, who were to
spend a maximum of forty days in the town, not counting the journey there and
back.
Villafranca's violent outburst should not have come as a surprise. In the summer
of 1634, one year before the riot, it had harassed and jailed a militia lieutenant
instead of treating him with the proper respect and ceremony. The reason was that
the town had a lawsuit pending in the Council of Castile alleging it was exempt
from militia obligations because it had two companies prepared to serve in Gibraltar and was obliged to serve with no more than fifteen soldiers. Even when the king
sent a warrant directly ordering the town to behave, it refused: "Having heard and
understood [the warrant, the alcaldes] said they obeyed . . . and as for compliance
they beg His Majesty to hear them because this town belongs to His Excellency the
duke of Arcos and it has a suit pending . . . " Il8 The alcaldes then hired Don
Feliciano de Silva, who lived in Madrid, to appear on their behalf before the king
and the Council of War to ask that the militia lieutenant's appointment be
revoked.119 So, the town had had some sort of altercation which led it tofilethe suit
in the first place. It then suffered the indignity of having the militia lieutenant
thrust upon it. It was also, according to its power of attorney to Silva, "wanting and
poor, and many companies of soldiers pass through here and are billetted with the
poor." The demand for thirty soldiers in 1635, then, obviously was the last straw.
Corregidores in their reports to Madrid often referred to alborotos, or public
disturbances, in the cities. It usually is hard to say if these were organized riots,
threats of riots, or just scattered acts of violence. But the danger that angry vecinos
would turn violent was always there. In Murcia, where the one-percent levy had
been under way since November 1638 and had been met with every legal obstacle
the city could think of, the storm seemed on the verge of breaking. Corregidor
117
118
169
II9
The corregidor himself had had to visit the various neighborhoods of the city and
speak to the crowds "with very soft and loving words, telling them that they and the
others could remain calm in their homes and jobs because neither His Majesty nor
[the corregidor] in his name will try to capture married men for this service."121
Worse, he told the king, reliable sources had told him that groups of men
(quadrillas) had been organizing and arming themselves, ready to attack the judges
and city councilmen. Whereas in the interior of Castile there had been orders to
turn over weapons for the war effort, it is unlikely that occurred in towns near or on
the coast, such as Murcia (or Villafranca), where the need to defend themselves
against frequent attacks by corsairs meant men had to keep their guns. Selfdefense, then, was another reason men in coastal towns resisted conscription; they
were needed at home, they argued.
The vecinos of Murcia were restless ("inquietos") and mistrustful, and they
refused to gather in their churches to hold their one-percent lotteries. By August,
Pedro de Cordoba had made no progress. There were no volunteers, no troublemakers to capture, no men at all, since anyone not yet conscripted had escaped to
the mountains or to Valencia. Meanwhile, the region's silk industry was collapsing
because nearly all the artisans had fled; only a few remained, working secretly in
churches or in other hiding places to avoid being sent to the army. The city
councilmen were sitting in jail, rather than comply, but it was "more than
impossible" that such a measure would have any effect, the corregidor wrote. He
pleaded with the king to allow the city to convert its obligation to money, paying
forty ducats per soldier. His request was turned down, although as the months went
by and it was clear Murcia was not going to surrender a single soldier, negotiations
with the Cortes began in order to offset the city's one-percent levy with its garrison
quota.122 The vecinosy threats of violence, backed up by firepower, combined with
the massive withdrawal by men from the city, won Murcia some relief.
On occasion, acts of resistance were seemingly prompted by aims reaching
beyond the participants' own community. Armed men occasionally swooped down
on recruits being taken away; usually townspeople would simply be recovering their
own men. But Alburquerque (Badajoz) reported such an instance in 1634 that was
quite different. For the purposes of the garrison levy, Alburquerque was subject to
120
122
I21
AGS GA, leg. 1363, Pedro de Cordoba to king, 21 August 1640.
AGS GA, leg. 1372, autos.
AGS GA, leg. 1363, consulta Junta de Ejecucion, 15 September 1640; AGS GA, leg. 1337, consulta
Council of War, 9 October 1640.
170
Common claims
Salamanca, which told it to raise twenty-six men and ship them to Lisbon. On their
way in early August, the recruits were resting in a Portuguese hospice when
suddenly they were intercepted by some 200 armed men:
With great uproar and against the will of the corporal and the guards, they took the soldiers
and removed their handcuffs and chains and freed them and told them to leave, which they
did . .. .And they threatened to kill the corporal and guards if they said a word, calling them
ugly and insulting names, and the whole town gathered with various weapons to kill them . . .
saying they would free all the soldiers who passed by there and that they had killed many
captains and corporals who were taking soldiers to port. . . I23
So, Alburquerque lost its twenty-six soldiers. In September it sent "the rest" of its
men, and the story sounded familiar. Three days into Portugal, in an abandoned
village called La Charneca, six masked men carrying shotguns, accompanied by
many more men not wearing masks, appeared on the scene:
They aimed at the corporals' and guards' chests to kill them, saying very brazen things of a
greatly insolent and audacious nature. One of the corporals said it was not right to speak that
way, and they wounded him five or six times in the head and arms, leaving him on the
ground for dead. The other corporal would have suffered the same fate had he not escaped
with his horse. They took the soldiers to the hills, where they removed their chains and
handcuffs and released them separately so they could not join together, and they wanted to
kill those who had been volunteers.124
The two encounters, if true, were remarkable. Even if they were not true, and were
just an elaborate lie by Alburquerque to get out of supplying soldiers, they were still
extremely revealing stories. These bandits were freeing soldiers out of principle,
not because they were local men. Significantly, they were especially virulent toward
volunteers and officers. They freed soldiers one by one, scattering them to prevent
them from regrouping, a measure which could either be motivated by pure
animosity or, more likely, a tactic to destroy military units. A group of men might
eventually make its way to Lisbon; individual men would probably go home. The
possibility that the bandits were Portuguese patriots who attacked Castilian troops
out of nationalist fervor can probably be discounted because it was not considered
by the Council of War or its sources in Alburquerque.
There were other acts of violence that also spoke to motives not merely parochial,
though they seem to have occurred rarely. Troops being moved from Madrid to
Catalonia, for example, generally passed through the town of Vicalvaro, today a
working-class suburb of the capital; Captain Gaspar de Voider reported in June
1635 that townspeople there had killed one of his men and had broken theflagmast
123
124
AGS GA, leg. 1124, consulta Consejo de Guerra de Justicia, 27 October 1634.
Ibid. The incident came to the attention of the Council of War because Alburquerque refused to
supply Salamanca with another twenty-six men. Bandits were also known to attack convoys of troops
and then make use of their captives to reinforce their own numbers. See Parker, Army ofFlanders, 47.
171
These accounts of lotteries, exemptions, evasions, desertion, and defiance illuminate common people's relationship to the structures of royal authority in seventeenth-century Castile and their understanding of their role, their place, and their
possibilities. To the degree that they considered the system theirs, they worked
with it, adapted it, pushed it as far as it would go. By separating those who belonged
from those who did not, they underscored the boundaries of their society, implicitly affirming the legitimacy of the social order within those boundaries. If previous
chapters demonstrated how the language of jurisdiction and the weight of legal
precedent enabled institutions to challenge the Crown, or enabled individuals to
use those institutions to challenge the Crown, this last chapter has shown that
individuals on their own also were capable of such action. In that sense, they were
participants and creators.
Under certain circumstances, however, because they had exhausted the alternatives or had nothing to lose, they renounced their loyalty and their allegiance; they
neither obeyed nor complied. The rhetoric of vassalage either had ceased being
effective or had never been so for them; as they so often said, the orders u do not
speak to us." Their wish that the monarchy "last for infinite years and for ever and
ever," if ever it had been sincere, faded as their taxes increased and the male
population diminished. In the mind of some Castilians, the contract between ruler
and vassal at some point had been violated, and it no longer bound them.126
125
126
172
Conclusion
The mayor of the town of Etxarri Aranatz, in Navarre . . . has been sentenced by the
Pamplona superior court to six years of disqualification for public office and to a fine
of 100,000 pesetas for the crime of disobeying higher authority. [He] refused, in
accordance with the unanimous vote of the town council, to uphold two court rulings
that abrogated municipal decisions opposing cooperation with the Army in . . .
posting the lists of the town's eligible recruits. [He] is the first mayor to be sentenced
in Spain for refusing to cooperate in recruiting soldiers.
El Pais, Madrid, 5 May 1993
Alarmed that nearly half of all young men in Spain who are eligible for the draft claim
to be conscientious objectors, the government has come up with a [new] policy . . .
When on duty, [soldiers] now have a right to disobey orders that violate the law . . . If
they feel they have been abused, they can circumvent military authorities and
complain directly to Spain's ombudsman . . . For Spain's top brass, these are hardly
changes designed to create a tough citizens army. But if trends continue, they also
know they may soon be without soldiers.
New York Times, 6 August 1994
Conclusion
they, in exchange, received privileges and favors that ended up perpetuating the
mayorazgo system. The response of the aristocracy should, one hopes, end speculation regarding the fatal nature of its crisis.
And just as the Castilian nobility survived despite its staggering debts, the
Spanish military endured in the face of repeated defeats. It remained on its feet
thanks to the Crown's ability to persuade bankers to lend money, merchants to
advance provisions, and cities and lords to turn over recruits - but always at a price.
This search for resources and the financial or political price the Crown had to pay
reflected (or resulted in) a decentralized, disaggregated, often ad hoc form of rule.
This systemic flexibility, the unsettled, ill-defined lines of command - along with
undeniable personal sacrifice and talent - enabled Spain to raise an army. As
Geoffrey Parker remarked about an earlier period, it was the chaotic character of
the Crown's finances that prevented a universal revolt.
The fact that Spanish administration during the seventeenth century was so
marked by improvisation traditionally has fit in nicely with the "decline" narrative.
But, whereas it is true that the monarchy had to scramble for resources, and
planning was conspicuously absent or successfully thwarted, this study has shown
that apparent weaknesses could conceal important strengths. Raising an army was
clearly not an easy task. Resistance could be found in nearly all quarters. Even
though there may have been no intent to challenge royal authority, the proliferation
of jurisdictions seemed designed to have just that effect. With members of competing royal councils and juntas all qualified to speak on behalf of the king but often
representing different or even opposing interests, disputes were inevitable. Disagreements were frequent between officials in charge of raising men and those in
charge of raising money, just as there were contradictions between the aims of the
men commanding the army and the priorities of those whose task it was to recruit
soldiers; the former were set upon building an efficient fighting force while the
latter, including city officials and corregidores, had to attend to the wide range of
social and political consequences of recruitment. Charging the Cortes with raising
18,000 men for the garrisons and explicitly linking that recruitment effort to a fiscal
subsidy, the millones, was an act bound to bring the cities, the Cortes, and the
Crown into conflict with one another. Granting full judicial powers to royal
ministers appointed to organize the militia or capture deserters was a measure that
angered the corregidores, who were also royally appointed judges.
Such tension and inexact delegation of authority illustrates the ambiguous
nature of what it meant to speak in the king's name. It also underlines the difficulty
of devising good models of state-building. Given Spain's proven capacity for
waging war, it should have had a large, centralized bureaucracy dedicated to
administering its military adventures. The fact that it did not, or at least that it did
not have one that worked according to what are usually considered rational criteria,
shows either that the "military revolution" in some respects passed Spain by and
that Spain was an exception to the rule, or that the rule needs to be reconsidered.
175
Conclusion
generations of historians who have mistaken absence of rebellion for acquiescence.
To some degree, the self-assured actors in this study made and shaped and set the
limits to absolutism. The monarchy did not always serve their purpose; they did
not always win their fights with magistrates or recruiting sergeants or city councils,
and many of them did, indeed, go to war. But along the way they made it
unequivocally clear that they were vassals whose loyalty was not unconditional, that
their duty was derived from a pact, and that such a pact ennobled them all.
177
Glossary
alarde militia drill or review
alcabala sales tax, nominally ten percent though usually less
alcaldes de casa y corte royal magistrates with jurisdiction over the capital city;
their chambers were part of the Council of Castile
alcalde de crimen criminal judge
alcalde mayor local appelate judge
alcalde ordinario first-instance judge
alguacil municipal constable or sheriff
arbitrio local tax, enclosure, or other expedient, subject to royal approval, for the
purpose of paying Crown impositions
arbitrista writer of treatises on economic and fiscal reform
arroba measure of weight, 11.5 kg
asiento a contract with the crown to provide a service, goods, or money
auto a legal judgment or sentence
ayuntamiento city or town council
azumbre liquid measure, a little over 2 liters
baldio crown lands generally available for public use, usually for pasture
bandera flag; military or city officials would raise aflagto signal a recruiting site
bando public edict
behetria towns that in medieval times freely selected their lord; by the seventeenth
century, and even earlier, they were barely distinguishable from other towns
cabo corporal; used to accompany soldiers to the garrisons
cajas boxes or crates; along with the flag, a necessary component of a recruiting
station
cantara liquid measure, around 16 liters (8 azumbres)
carga measure of grain or land (4 fanegas)
cedula royal warrant
celemin measure of grain or land (j^fanega)
censo private or municipal mortgage serviced from local rents and excises or from
entailed estate revenues
Chancilleria royal appelate courts in Valladolid and Granada, subordinate only to
the Council of Castile
ciudad city; only cities (and Madrid, a villa) sent representatives to the Cortes
178
Glossary
composicion agreement with the crown whereby cities or towns provided money
instead of soldiers
concejo town or village council
consejo royal council
consulta recommendation to the king from one of his councils
coronelia military detachment whose honorary head was a nobleman
corregidor chief royal agent in the cities; he presided over city council meetings
and acted as appeals judge
corregimiento the district of the corregidor
Cortes Castilian Assembly
dehesa enclosed land
despoblado deserted village
donativo nominally voluntary royal tax
ducado ducat, coin of account (375 maravedis)
encabezamiento lump-sum tax payment
encomienda town forming part of a military order
escribano town clerk or notary
escudo gold coin worth 10 reales, or between 340 and 440 maravedis
facultad permission, usually from the king
fanega measure of land (2,236 square meters) or the amount of grain required to
sow that area; the latter varies by crop
habito habit, or membership, in a military order
hidalguia status exempting one from paying taxes
Jornada royal journey to the front
junta board or council; ad hoc policy groups established by Olivares
juro negotiable annuity or bond issued by the crown
juro al quitar redeemable bond, usually short-term
lanzas tax on lords in commutation of obligation to serve with mounted lancers
legua Castilian league, around three miles.
leva recruitment levy, both of volunteers and of conscripts
linaje clan of municipal elites
lugar dependent village
maestre de campo commander of a tercio
malentretenido good-for-nothing
maravedi coin of account
mayorazgo entailed estate
mayordomo de propios steward in charge of municipal properties
media anata tax introduced in 1631 on the first year's income from offices and
grants
memorial petition
merced royal grant or favor, usually as a reward
millones subsidy first made by the Cortes in 1589 and renewed thereafter
179
Glossary
ocioso idler
oidor judge who would hear (oir) cases
papel sellado stamp duty on documents, introduced in 1637
partido district
patente license to recruit soldiers
plata silver
poder consultivo limited power to Cortes representatives, who were unable to
vote without first consulting with their cities
poder decisivo full power to Cortes representatives to decide matters without first
consulting with their cities
posito municipal granary
presidio garrison
procurador del comun representative of the commons on the city council
procurador de las Cortes city's representative to the Cortes
propios municipal lands or buildings which could be rented out
quinta recruitment call-up or lottery
real silver coin (34 maravedis)
realengo territory in the royal jurisdictional domain
receptor treasurer of certain municipal funds
regidor municipal councilman
regimiento municipal corporation
repartimiento assessment of soldiers or money
sargento mayor sergeant major, regional militia officer
senorio territory under seigneurial jurisdictional domain
servicio grant by the Cortes to the crown
sisa local excise tax, usually on foodstuffs
socorro advance payment to soldiers
suertes lottery
tercio infantry unit of about 2,500 men
tercio provincial militia companies
tesorero treasurer, local finance official
valido royal favorite and chief minister
vecino head of household
Note: Population is generally estimated by multiplying the number ofvecinos by 4.5
or 5, a problematic equation. Towns could either underestimate or exaggerate
the number of vecinos, depending upon the purpose of the survey. Some groups,
such as the clergy and hidalgos, were sometimes, but not always, excluded, and
servants, slaves, prisoners, soldiers, and vagabonds are difficult to account for.
vellon alloy coinage
villa autonomous town; Madrid was also called a villa
visita judicial investigation of public officials
180
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Index
absolutism, theories of, 2-3, 1011, 96-7,
1001, 173-7
Admiral of Castile, Juan Alonso Enriquez de
Cabrera, 6, 103, 105
age (of soldiers), 1245, 136, 137, 142, 144
Alba de Aliste, count of, 36-7, 148, 291
Alba, Fernando Alvarez de Toledo, 6th duke of,
102, 103, 104, 112, 123
Alburquerque (Badajoz), 1701
alcaldes de casay corte (Madrid magistrates), 33,
40-2, 127, 138 n., 139
Amezqueta, Pedro de, corregidor and magistrate,
38,41, 127, 128, 129, 140
appeals and petitions, 132, 133, 135, 140-6, 150,
151-2,156, 1578, 167
arbitristas, seventeenth-century tract writers, 12,
16, 27, 61, 108, 160, 168
Arcos, Rodrigo Ponce de Leon, 4th duke of, 104,
168-9
Arce, Pedro de, council secretary, 28
Arevalo de Zuazo, Francisco, corregidor, 65, 85
army, size of, 67
Avila, city of, 30, 68-9, 75, 77, 82, 83, 88, 106,
139, 145
Becerril de Campos (Palencia), 70, 75, 128, 158
Bejar, estate of, 103, 121-3, 154, 167
Bejar, Alonso Lopez de Zuniga, 8th duke of,
104, 1219
Index
coronelia of the Count-Duke, 35, 69, 70, 84, 106
corregidores, 33, 37, 40, 45, 52, 62, 64-7, 72-3,
78-80, 89, 117-18, 120-1, 146, 165 n., 167,
169, 175
Cortes of Castile, 3, 14, 17, 23, 42-7, 49-54,
57-60, 89, 124, 133-4, i37> 160, 164, 170,
175, 176
Council of Castile, 2, 33, 38, 41, 47, 48, 49, 57,
68,73,80,89,91,93-5,142,169
Council of Finance, 9, 28 n., 2931, 45, 49, 115
Council of Orders, 106 n., 107, 112
Council of State, 27, 33, 41, 47, 101
Council of War, 269, 33, 39-40, 41, 47, 49, 78,
84, 92, 93, 107, 114, 118, 132, 133, 140,
143, 147-9, 159, 163, 165 n., 167, 169, 171
192
Index
Riafio de Gamboa, Diego de, magistrate, in
charge of the militia, 34, 74, 82, 85, 86, 88,
118, 134, 137, 140,143
Richelieu, Armand-Jean du Plessis, Cardinal of, 7
riots and social violence, 54, 167-72
Ruiz de Contreras, Fernando de Fonseca,
council secretary, 28, 35
Salamanca, city of, 75, 79, 82, 87, 118, 138, 170
Segovia, city of, 70, 75, 78, 82, 167
senorio, jurisdiction of, 18, 99-100, n 7-31 passim
silk industry, 138, 170
sisas (excise taxes), 10, 44, 45, 50, 58, 66, 69-70,
72-3, 83, 84, 85, 94-6
state, theories and nature of, 10-11, 20-5, 1002,
174-6
substitutes (for conscription), 136, 145, 147-9
Suarez, Francisco, political theorist, 23
Palencia, city of, 54-5, 70, 74, 75, 76, 80, 118
Pastrana, Rodrigo de Silva y Mendoza, 4th duke
of, 105, 106, 119
Pefiaranda, Gaspar de Bracamonte, count of, in
charge of militia, 35, 74, 82, 84, 85, 87, 139,
147
Philip II, king of Spain (155698), 1,6, 11, 44,
9i,i35
Philip III, king of Spain (1598-1621), 4, 23, 44,
46,71,81,89
Philip IV, king of Spain (1621-65), 5-7, 17, 26,
31, 37, 42, 52, 67, 81, 82, 89, 100, 107, 109,
118, 132, 140, 142, 143, 145-6, 152, 159,
164, 174
Pizarro, Fernando, royal councilor, 68, 74, 83
Plasencia, city of, 74, 75, 82, 128
population, 16, 49, 53, 61, 73-4, 82, 84, 89, 94,
136, 142
Portugal, 6, 11 n., 13, 35, 36, 46, 56, 57, 87, 88,
104, 138, 161, 166, 167, 171
poverty, 81, 89, 94, 97, 142-3, 147
propios (municipal properties), 667, 85
Union of Arms, 7, 46
vagabonds, 77, 79, 84, 99, 154, 160
Valcarcel, Francisco de, magistrate and royal
councilor, 142
Valdes, Fernando de, corregidor, 35
Valladolid, city of, 30, 39, 63 n., 65, 70, 71, 72,
73, 74-5, 76-8, 82, 83, 87, 88, 106, 118,
138, 167
vassalage, 2-4, 60, 97, 132-4, 146, 172, 174-6
Vecario, Vicencio, corregidor, 55-6, 79
Villafranca (Seville), 168-9
village councils, 8998 passim, 133, 156
Villahermosa, Carlos de Borja y Aragon, 7th
duke of, 28
Villanueva, Geronimo, Protonotario, 28
Villanueva, Pedro, junta secretary, 30, 76, 120,
126
Vitoria, Francisco de, political theorist, 22, 25
193
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