Capitulación

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A capitulación ( Spanish plural: Capitulaciones) is usually understood today to be a document in which the details of an agreement between the Crown of Castile and one or more private individuals were summarized. With the Capitulaciones, the Castilian kings regulated the exploration, the subjugation of the natives of overseas territories and the establishment of Spanish settlements outside Europe from the end of the 15th century.

definition

The term capitulación has several meanings in the Spanish language

  • A document that documents the contents of an agreement between the Crown and one or more private individuals (This is what the following text is about.)
  • A contract that defines the conditions, particularly economic ones, of a marriage to be concluded (Capitulación matrimonial)
  • A contract between warring parties with the aim of surrendering or withdrawing without this signifying the final end of hostilities ( surrender )
  • A treaty or agreement between Christians and non-Christian communities or states

The Capitulación was a new type of document created to regulate a situation that emerged at the end of the 15th century. Whether capitulaciones were contracts with the kings as partners or by grace of kings is judged differently in historical studies over time. The Capitulaciones contain both elements of a contract and those of a grace. They partially grant sovereign rights to private individuals and regulate private and criminal law matters, so that a capitulación is to be viewed as a document of its own.

The system of the capitulaciones

Due to the War of the Castilian Succession (1474–1479), Queen Isabella I and King Ferdinand V of Castile were in a bad economic situation. They did not see themselves in a position to have the expeditions of discovery and expeditions of conquest into overseas areas carried out with their own means. Therefore, from 1477 onwards, they chose the option of financing through private entrepreneurs. With this type of procedure, the control of the crown was better preserved than if the subject areas had been given as fiefs to the conquerors, as had happened with the Islas de Señorio of the Canary Islands from 1402.

The first capitulación to conquer overseas territories, also known as this, was probably the capitulación of April 20, 1478, which aimed to conquer the island of Gran Canaria . The Capitulaciones de Santa Fe , the first Capitulación to explore unknown areas, was atypical for the large number of Capitulaciones later exhibited.

On September 3, 1501, Queen Isabella and King Ferdinand issued an order (provision) that no person was allowed to go on a voyage of discovery to the undiscovered countries without express permission. This was the beginning of the general introduction of Capitulaciones to carry out the discovery, trade, conquest, settlement and evangelization of the New World under the supervision of the Crown of Castile. A total of 75 capitulaciones were exhibited in the 16th century, compared to only two in the last 25 years of King Philip II's reign from 1573 to 1598.

The capitulaciones were generally made out in the name of the queen or king and made out by the chairman of the council. After the Leyes Nuevas came into force in 1542, the audiencias that were formed in America were also able to grant capitulaciones, but from 1573 they first had to consult the Consejo de Indias .

Duties of the Capitulantes

A large part of the capitulantes came from the lower nobility. The period between 1500 and 1520 was marked by voyages of discovery. The capitulants of this period were often not military personnel, but helmsmen who had already taken part in expeditions and now wanted to run their own company. In the period after 1520 the type of explorer changed from helmsman-explorer to explorer-conqueror. The capitulantes were now often military personnel who had gained experience in the overseas territories as settlers, conquistadores or royal officials.

The managers of the company had the task of planning the project and obtaining the necessary funds to carry it out. To do this, they concluded contracts with financiers who were involved in the company as partners or lenders and who were to be compensated for by the profits that were to be expected in the conquest. One or more ships had to be equipped and seamen, soldiers and priests had to be recruited.

discovery

In the first half of the 16th century, the Capitulaciones reported the discovery of an area that was usually not very precisely defined. Between the years 1540–1550 it appears that the need to conquer became more important than discovery. It was now a matter of securing the discovered territories. From 1550, discovery was only occasionally the subject of the Capitulaciones.

conquest

The Capitulaciones, which had the aim of discovering and conquering new areas, contained precise details of the company's equipment, e.g. B. the number of soldiers and horsemen to be recruited. There was also advice on how to deal with the indigenous people. They did not necessarily have to be listed in detail in the Capitulaciones, as they were part of the general Castilian legal system. The basis of the demand against the natives for submission to the sovereignty of the Crown of Castile was the transfer of power through the bull Dudum siquidem of Pope Alexander VI. from the year 1493. Since 1513 the conquerors were obliged to carry out the " Requerimiento " (Spanish = request), the ritual annexation by reading out an ultimatum . This emerged from the Leyes de Burgos , compliance with which was pointed out in some Capitulaciones.

The term "Conquista" (conquest) linguistically included the use of force. This stood in contradiction to the will of King Karl I. He wanted the discoverers to turn away from such ideas. You should approach the indigenous people with feelings of peace and charity. Therefore, the attempt was made to abolish this term in legal documents and to replace it with the term “Pacificación” (submission, reconciliation, pacification).

Proselytizing

The question of proselytizing the indigenous people played an important role in what was probably the first Capitulacion, which the Bishop of Rubicón was the main addressee. In the Leyes de Burgos it was ordered that the Capitulaciones should comply with the law and therefore should have the service of God and the Holy Catholic Faith as their first goal. It was ordered that persons entrusted with new discoveries were checked in their Christian faith, were honest and zealous for the glory of God and the service of the king and wanted the conversion of the Indians. In a large part of the Capitulaciones it was obligatory to take priests with you for the ventures to America, for the evangelization of the Indians but also for the pastoral care of the participants. The missionary work formed part of the legitimation of the submission of foreign peoples and was therefore mentioned as a goal of the enterprise.

colonization

Settlement occurs frequently as an object of the Capitulaciones. They refer to an already known area, which in most cases has already been subjugated. The capitulantes were required to bring married men with their wives, as this had a positive effect on the stability of the settlement; it was also desired that these men should be farm laborers. In other capitulaciones it was required that miners go with them to secure the mining of metals. Some of the equipment to be provided is listed individually. The Capitulante was authorized to distribute land. This land usually became the private property of the settlers after five years. In some cases, the Capitulaciones included the obligation to found cities and secure them with fortifications.

Concessions from the crown

Awarding offices and titles

In the Capitulaciones, the Capitulantes were given various public offices. These offices were usually not only conferred for the duration of the company, but for life or even inheritable. The incumbents were thus given authority over the company's participants, the settlers and other government agencies. Most incumbents were entitled to payment from their districts' tax revenues.

The office of governor was granted in the first capitulaciones. The office of Alguacil Mayor was often conferred with the office of governor. The Alguacil Mayor was at that time a judge appointed by the king and not elected by the population.

Especially at the time of the discoveries and conquests, the capitulantes received the title of captain general (Capitán general) as military leaders . The office of captain general was not only associated with the military command of the troops stationed in the associated district and the militia units, but also the management of the entire military supply and replenishment system and the exercise of military jurisdiction.

The title of Adelantado was often granted from 1512 onwards. The office conferred in the Capitulaciones could not be compared with the office of the "Adelantados Mayores de Castilla". It was rather an honorary position, the authority of which resulted from the office of Alguacil Mayor, which was usually conferred at the same time.

A number of honorary degrees have been awarded, such as B. the right to be addressed as Don . For the recipients, this meant access to the nobility, which was associated with a number of tax advantages.

Material concessions

Only in rare cases did the Crown's contributions to companies consist of direct financial grants. If the expedition was not carried out or the initial objectives were not achieved, the crown did not suffer any losses.

In the Capitulaciones relating to the Canary Islands, the payment of a premium was also promised if the conquest was completed within a certain period of time. The Capitulantes of the Canary Islands were z. T. Trade monopolies awarded. Here the delegation of riders of the Santa Hermandad was ordered as direct support . The crown never supported the undertakings of the Capitulantes in America with direct financial support.

During the voyage and the execution of the company, the Crown exercised control over the capitulantes by the tax officials, who had to be taken along on the ships.

The capitulants of the companies in America were usually exempted from import and export duties (almojarifazgo) for at least a certain period of time, which were payable on the transfer of goods from Spain to America and from America to Spain. The sales tax (alcabala) for goods that the capitulantes and partly also the settlers needed in the households were often waived.

Another incentive offered to the capitulantes was the waiver of part of the taxes that the crown levied on the yield of the mines. Here the usual 20% share of the crown was reduced to 10% in the first few years of operation and then slowly increased to the normal rate in the following years.

A capture by the capitulantes, which was difficult to monitor, was the spoils of war in which the crown had to participate. Here the fundamental questions arise as to whether the use of force against the natives was justified by their behavior.

One way of rewarding the military personnel involved in the company was "repartimientos", land allocations and the allocation of encomiendas in the conquered areas. The capitulantes were usually empowered to carry out these repartimientos when they had been appointed governors. This type of financing of the company through land allocations played an important role in the financing of the conquest of the Canary Islands La Palma and Tenerife. The allocation of encomiendas was precisely regulated in the Leyes de Burgos of 1512.

Withdrawal of the Crown's concessions

The Capitulaciones were designed from the outset in such a way that there was almost always some reason or pretext to take the Conquistador away from him. On the basis of complaints, the kings sent an examining magistrate (Juez pesquisidor) with full powers to review the administration of the governor, the captain general or the viceroy and at the same time to take over the power of government for the duration of the investigation. The person concerned was sent to Spain and had to justify his action in a royal court there. Only a few leaders like Columbus and Cortes were able to secure their status gain for their heirs after such trials.

Problem of the Capitulaciones

The financing of the companies was transferred to the Capitulantes in the Capitulaciones. They signed contracts with shareholders and lenders to finance the company, who were to share in the profits. Some of the partners were conquistadores who took part in the conquest with their own equipment and a number of people paid for by them. Other partners were often Seville-based traders, mostly from Italy, who provided money, equipment or ships. People who did not come from the lands of the Crown of Castile were forbidden to travel to the overseas territories, to acquire land there or to trade with these territories. Their deposits and profits could therefore only be repaid to these traders at short notice with money from the sales of spoils of war. A large number of the conquistadores were also not interested in settling in America as landowners. Therefore, their interest was directed to get the maximum benefit from the expedition and return to Castile.

The most profitable source of income in the conquest of the Canary Islands was the slave trade . When signing the contracts with the funders of the projects, it was assumed that the sale of captured indigenous people as slaves would offset a large part of the costs. The sale of aborigines who were baptized or were about to be converted was prohibited by a royal declaration on September 20, 1477. If the natives converted too quickly or expressed their intention to convert, the conquerors were deprived of a source of income that they had planned.

The simplest way of raising money to fund the discovery and conquest ventures into America was to sell Indians as slaves. Columbus already saw the sale of Indians as an important way of making profit from his discoveries. From 1492 to 1511, 1,700 Indian slaves were exported to Spain, although the enslavement of Indians was prohibited from 1495.

The leaders of the conquest were often military leaders with no administrative experience or basic knowledge of the law. In connection with the Capitulaciones they were given civil administrative and judicial offices (governors), which they often overwhelmed, even if they had to employ an "Asesor Letrado" (legally trained deputy) to advise them.

Individual evidence

  1. ^ Horst Pietschmann: Estado y conquistadores: Las Capitulaciones . In: Historia . tape , No. 22 , 1987, pp. 249 (Spanish, [1] [accessed February 3, 2018]).
  2. ^ Horst Pietschmann: Estado y conquistadores: Las Capitulaciones . In: Historia . tape , No. 22 , 1987, pp. 253 (Spanish, [2] [accessed February 3, 2018]).
  3. ^ Horst Pietschmann: The state organization of colonial Ibero America . 1st edition. Klett-Cotta, Stuttgart 1980, ISBN 3-12-911410-6 , pp. 18 .
  4. ^ Horst Pietschmann: Estado y conquistadores: Las Capitulaciones . In: Historia . tape , No. 22 , 1987, pp. 254 (Spanish, [3] [accessed February 3, 2018]).
  5. ↑ Mariano Gambín García: Las cartas de nombramiento de los primeros gobernadores de Canarias Expresión de la política centralizadora de los Reyes Católicos . In: Revista de historia canaria . No. 182 , 2000, pp. 43 (Spanish, unirioja.es [accessed June 20, 2016]).
  6. ↑ Antonio Rumeu de Armas: La conquista de Tenerife 1494-1496 . Ed .: Aula de Cultura de Tenerife. Cabildo Insular de Tenerife, Santa Cruz de Tenerife 1975, ISBN 84-500-7107-0 , p. 163 (Spanish, [4] [accessed June 28, 2016]).
  7. ↑ Marta Milagros de Vas Mingo: Las capitulaciones de Indias en el siglo XVI . Instituto de cooperación iberoamericana, Madid 1986, ISBN 84-7232-397-8 , p. 29 (Spanish).
  8. ^ Rafael Sánchez Domingo: Las leyes de Burgos de 1512 y la doctrina jurídica de la conquista . In: Revista jurídica de Castilla y León . No. 28 , 2012, ISSN  1696-6759 , p. 9 (Spanish, [5] [accessed February 10, 2018]).
  9. ^ Samuel Temkin: La capitulación de Luis de Carvajal . In: Revista de Humanidades: Tecnológico de Monterrey . No. 23 , 2007, ISSN  1405-4167 , p. 108 (Spanish, [6] [PDF; accessed February 4, 2018]).
  10. ↑ Marta Milagros de Vas Mingo: Las capitulaciones de Indias en el siglo XVI . Instituto de cooperación iberoamericana, Madrid 1986, ISBN 84-7232-397-8 , p. 51 f . (Spanish).
  11. ↑ Marta Milagros de Vas Mingo: Las capitulaciones de Indias en el siglo XVI . Instituto de cooperación iberoamericana, Madrid 1986, ISBN 84-7232-397-8 , p. 57 (Spanish).
  12. ^ Rafael Sánchez Domingo: Las leyes de Burgos de 1512 y la doctrina jurídica de la conquista . In: Revista jurídica de Castilla y León . No. 28 , 2012, ISSN  1696-6759 , p. 10 (Spanish, [7] [accessed February 10, 2018]).
  13. ↑ Marta Milagros de Vas Mingo: Las capitulaciones de Indias en el siglo XVI . Instituto de cooperación iberoamericana, Madrid 1986, ISBN 84-7232-397-8 , p. 24 (Spanish).
  14. ↑ Marta Milagros de Vas Mingo: Las capitulaciones de Indias en el siglo XVI . Instituto de cooperación iberoamericana, Madrid 1986, ISBN 84-7232-397-8 , p. 57 f . (Spanish).
  15. ↑ Marta Milagros de Vas Mingo: Las capitulaciones de Indias en el siglo XVI . Instituto de cooperación iberoamericana, Madrid 1986, ISBN 84-7232-397-8 , p. 63 ff . (Spanish).
  16. ↑ Marta Milagros de Vas Mingo: Las capitulaciones de Indias en el siglo XVI . Instituto de cooperación iberoamericana, Madrid 1986, ISBN 84-7232-397-8 , p. 47 (Spanish).
  17. ↑ Marta Milagros de Vas Mingo: Las capitulaciones de Indias en el siglo XVI . Instituto de cooperación iberoamericana, Madrid 1986, ISBN 84-7232-397-8 , p. 71 (Spanish).
  18. ↑ Marta Milagros de Vas Mingo: Las capitulaciones de Indias en el siglo XVI . Instituto de cooperación iberoamericana, Madrid 1986, ISBN 84-7232-397-8 , p. 81 (Spanish).
  19. ↑ Marta Milagros de Vas Mingo: Las capitulaciones de Indias en el siglo XVI . Instituto de cooperación iberoamericana, Madrid 1986, ISBN 84-7232-397-8 , p. 67 (Spanish).
  20. ↑ Wolfgang Reinhard: The submission of the world . Global history of European expansion 1415–2015 (=  historical library of the Gerda Henkel Foundation ). CH Beck, Munich 2016, ISBN 978-3-406-68718-1 , p. 296 .
  21. ↑ America 1492 - 1992 - New Worlds - New Realities , Ibero-American Institute of Prussian Cultural Heritage and Museum of Ethnology, National Museums in Berlin, Braunschweig, 1992, ISBN 3-07-509509-5 , pp. 40 f.
  22. ↑ Antonio Rumeu de Armas: La política indigenista de Isabel La Catolica . Instituto Isabel la Católica de Historia Eclesiástica, Valladolid 1969, p. 37 (Spanish, [8] [accessed March 28, 2016]).
  23. ^ Elías Serra Ráfols: Los últimos canarios . In: Revista de Historia Canaria . No. 128 , 1959, ISSN  0213-9472 , pp. 17 (Spanish, [9] [accessed January 18, 2018]).
  24. ↑ Wolfgang Reinhard: The submission of the world . Global history of European expansion 1415–2015 (=  historical library of the Gerda Henkel Foundation ). CH Beck, Munich 2016, ISBN 978-3-406-68718-1 , p. 312 .
  25. ^ Horst Pietschmann: The state organization of colonial Ibero America . 1st edition. Klett-Cotta, Stuttgart 1980, ISBN 3-12-911410-6 , pp. 109 .

literature

  • Horst Pietschmann: Estado y conquistadores: Las Capitulaciones . In: Historia . tape , No. 22 , 1987, pp. 249–262 (Spanish, [10] [accessed February 3, 2018]).
  • Marta Milagros de Vas Mingo: Las capitulaciones de Indias en el siglo XVI . Instituto de cooperación iberoamericana, Madrid 1986, ISBN 84-7232-397-8 , p. XXX (Spanish).