Spanish confiscation: Difference between revisions

From Wikipedia, the free encyclopedia
Jump to navigation Jump to search
Content deleted Content added
No edit summary
Line 1: Line 1:
{{copyedit|date=January 2016}}
{{copyedit|date=January 2016}}
[[File:Apse of San Martin at Fuentidueñas.jpg|thumb|290px|Apse of the [[Romanesque architecture in Spain|Romanesque]] Iglesia de San Martín at Fuentidueña (Segovia) (c. 1175–1200), given to the Americans (for the anniversary of the New York Met Museum and financed by Rockefeller Jr.), and dismantled by them stone by stone, and now is in ''[[The Cloisters]]'', [[New York]], product of the Spanish confiscation. Now, due to the dismantling, the rest of the church in Fuentidueña is in ruins.<ref>[http://www.diariovasco.com/v/20131128/bidasoa/abside-romanico-viajo-desde-20131128.html "The Romanesque apse that traveled from Castile to New York" [[El Diario Vasco]]]</ref>]]
[[File:Apse of San Martin at Fuentidueñas.jpg|thumb|290px|Apse of the [[Romanesque architecture in Spain|Romanesque]] Iglesia de San Martín at Fuentidueña (Segovia) (c. 1175–1200), given to the Americans (for the anniversary of the New York Met Museum and financed by Rockefeller Jr.), and dismantling by them stone by stone, and now is in ''[[The Cloisters]]'', [[New York]], product of the Spanish confiscation. Now, due to the dismantle, the rest of the church in Fuentidueña is in ruins.<ref>[http://www.diariovasco.com/v/20131128/bidasoa/abside-romanico-viajo-desde-20131128.html "The Romanesque apse that traveled from Castile to New York" [[El Diario Vasco]]]</ref>]]
[[File:Sepulchral Monument of Alvar II d'Àger.jpg|thumb|290px|The sepulchre of [[Ermengol X]] (1274–1314), [[Counts of Urgell|Count of Urgell]] and [[Viscounty of Àger|Viscount of Àger]], sold in the 19th century and now ''[[The Cloisters]]'', [[New York]], as a result of the [[Ecclesiastical Confiscations of Mendizábal]].]]
[[File:Sepulchral Monument of Alvar II d'Àger.jpg|thumb|290px|The sepulchre of [[Ermengol X]] (1274–1314), [[Counts of Urgell|Count of Urgell]] and [[Viscounty of Àger|Viscount of Àger]], sold in the 19th century and now ''[[The Cloisters]]'', [[New York]], as a result of the [[Ecclesiastical Confiscations of Mendizábal]].]]
[[File:Met, patio from the castle of vélez blanco, 01.JPG|thumb|290px|[[Spanish Renaissance architecture|Renaissance]] courtyard of the [[Castillo de Vélez-Blanco|Castle of Vélez-Blanco]] (c. 16th century), given, during the liberal consfication, in 1903, to the Americans and now is in ''[[The Cloisters]]'', [[New York]].<ref>[http://historia-y-arte.blogspot.com/2012/11/el-castillo-de-velez-blanco-historia-de.html "Castle of Vélez-Blanco. History of a theft." historia-y-arte.com]</ref>]]
[[File:Met, patio from the castle of vélez blanco, 01.JPG|thumb|290px|[[Spanish Renaissance architecture|Renaissance]] courtyard of the [[Castillo de Vélez-Blanco|Castle of Vélez-Blanco]] (c. 16th century), given, during the liberal consfication, in 1903, to the Americans and now is in ''[[The Cloisters]]'', [[New York]].<ref>[http://historia-y-arte.blogspot.com/2012/11/el-castillo-de-velez-blanco-historia-de.html "Castle of Vélez-Blanco. History of a theft." historia-y-arte.com]</ref>]]
Line 6: Line 6:


It was a long historical, economic and social process, which began in the late 18th century with the so-called "Confiscation of Godoy" (1798), although there was a precedent in the reign of [[Charles III of Spain]], and ended well into the 20th century (16 December 1924). It consisted of putting on the market, previous forced expropriation and through a public auction, the lands and properties (including landmarks) that previously could not alienate (sell, mortgage or lease) and were in the hands of the called "[[mortmain]]s" ie, the [[Catholic Church]] and the [[religious Order|religious orders]] which had accumulated as usual beneficiaries of grants, [[will and testament|wills]] and [[intestate]]s, and the called 'without use solars' (baldíos) and [[Commons|communal lands]] of the municipalities, which served as a complement to the fragile economy of the peasants. In the words of [[Francisco Tomás y Valiente]], the Spanish confiscation presented "the following features: appropriation by the State and by its unilateral decision of real estate properties belonging to "mortmains", selling them and assignment of the obtained ammount proceeds with the sells to the amortization of debt securities".<ref>{{cite book |title=El Marco Politico de la Desamortizacion en España |author= Francisco Tomás y Valiente | year = 1972 | pages = 44 |quote=}}</ref>
It was a long historical, economic and social process, which began in the late 18th century with the so-called "Confiscation of Godoy" (1798), although there was a precedent in the reign of [[Charles III of Spain]], and ended well into the 20th century (16 December 1924). It consisted of putting on the market, previous forced expropriation and through a public auction, the lands and properties (including landmarks) that previously could not alienate (sell, mortgage or lease) and were in the hands of the called "[[mortmain]]s" ie, the [[Catholic Church]] and the [[religious Order|religious orders]] which had accumulated as usual beneficiaries of grants, [[will and testament|wills]] and [[intestate]]s, and the called 'without use solars' (baldíos) and [[Commons|communal lands]] of the municipalities, which served as a complement to the fragile economy of the peasants. In the words of [[Francisco Tomás y Valiente]], the Spanish confiscation presented "the following features: appropriation by the State and by its unilateral decision of real estate properties belonging to "mortmains", selling them and assignment of the obtained ammount proceeds with the sells to the amortization of debt securities".<ref>{{cite book |title=El Marco Politico de la Desamortizacion en España |author= Francisco Tomás y Valiente | year = 1972 | pages = 44 |quote=}}</ref>



In other countries (such as Mexico) there occured a phenomenon of more or less similar characteristics.<ref group='note'> For example, in [[Mexico]] the ''Law of confiscation of the rural and urban properties of the civil and religious corporations of Mexico'', nicknamed the Lerdo Law, was issued on 25 June 1856 by President [[Ignacio Comonfort]]. [http://www.biblioteca.tv/artman2/publish/1856_149/Ley_Lerdo_Ley_de_desamortizaci_n_de_bienes_de_la_i_247.shtml] 500 years of Mexico in documents: Lerdo Law. Law of confiscation of properties of the church and corporations</ref> The principal aim of the confiscation undertaken in Spain was to get extra income to pay off the [[public debt]] securities -singularly [[Vale real|vales reales]]- that the State issued to finance itself, or extinguish it because on some occasions they could also be admitted as payment in auctions. It also aimed to increase the national wealth and create a [[bourgeoisie]] and middle class of farmers who were owners of the lands they cultivated and create capitalist conditions (privatization, strong financial system) so that the State could raise more and better taxes.
In other countries (such as Mexico) there occured a phenomenon of more or less similar characteristics.<ref group='note'> For example, in [[Mexico]] the ''Law of confiscation of the rural and urban properties of the civil and religious corporations of Mexico'', nicknamed the Lerdo Law, was issued on 25 June 1856 by President [[Ignacio Comonfort]]. [http://www.biblioteca.tv/artman2/publish/1856_149/Ley_Lerdo_Ley_de_desamortizaci_n_de_bienes_de_la_i_247.shtml] 500 years of Mexico in documents: Lerdo Law. Law of confiscation of properties of the church and corporations</ref> The principal aim of the confiscation undertaken in Spain was to get extra income to pay off the [[public debt]] securities -singularly [[Vale real|vales reales]]- that the State issued to finance itself, or extinguish it because on some occasions they could also be admitted as payment in auctions. It also aimed to increase the national wealth and create a [[bourgeoisie]] and middle class of farmers who were owners of the lands they cultivated and create capitalist conditions (privatization, strong financial system) so that the State could raise more and better taxes.
Line 16: Line 15:
=== The proposals of the enlighteneds ===
=== The proposals of the enlighteneds ===
[[File:Pablo Olavide.jpg|thumb| Portrait of [[Pablo de Olavide]], by Juan Moreno Tejada before 1805.]]
[[File:Pablo Olavide.jpg|thumb| Portrait of [[Pablo de Olavide]], by Juan Moreno Tejada before 1805.]]
The enlightened showed a great concern for the backwardness of Spanish agriculture, and virtually all who dealt with the issue agreed that one of the main causes of it was the huge expanse in Spain of the [[Mortmain|amortized]] property held by the "mortmains" -the Church and the municipalities, primarily- because the lands that were held were generally poorly cultivated, in addition to remaining outside the market because these could not be alienated, nor sold, nor mortgaged or given away, with the consequent increase in the price of the "free" land, and not taxed at the Royal Finance by the [[privilege (legal ethics)|privilege]]s of its owners {{sfnp|Tomás y Valiente|1972|p= 12-15}} The [[José Moñino, 1st Count of Floridablanca|Count of Floridablanca]], Minister of [[Charles III of Spain|Charles III]], in his famous reserved ''Report'' of 1787 complained of "major damages of the amortization".{{sfnp|Tomás y Valiente|1972|p= 15}}
The enlightened showed a great concern for the backwardness of Spanish agriculture and virtually all who dealt with the issue agreed that one of the main causes of it was the huge expanse in Spain of the [[Mortmain|amortized]] property held by the "mortmains" -the Church and the municipalities, primarily- because the lands that were held was generally poorly cultivated, in addition to remaining outside the market because these could not be alienated, nor sold, nor mortgaged or given away, with the consequent increase in the price of the "free" land, and not taxed at the Royal Finance by the [[privilege (legal ethics)|privilege]]s of its owners {{sfnp|Tomás y Valiente|1972|p= 12-15}} The [[José Moñino, 1st Count of Floridablanca|Count of Floridablanca]], Minister of [[Charles III of Spain|Charles III]], in his famous reserved ''Report'' of 1787 complained of "major damages of the amortization".{{sfnp|Tomás y Valiente|1972|p= 15}}
{{Quote|The lesser trouble, although insignificant, is that such [amortizated] properties evade taxes; for there are other two major, which are recharge to other subjects and get the amortized properties liable to deteriorate and lose after then the holders can not cultivate or are disengaged or poors, as it experience and seen with pain everywhere, for not there land, houses or real estate more abandoned and destroyed than the [[chaplain]] sites and other perpetual foundations, with immeasurable injury against the State.}}
{{Quote|The lesser trouble, although insignificant, is that such [amortizated] properties it evade to the taxes; for there are other two major, which are recharge to other subjects and get the amortized properties liable to deteriorate and lose after then the holders can not cultivate or are disengaged or poors, as it experience and seen with pain everywhere, for not there land, houses or real estate more abandoned and destroyed than the [[chaplain]] sites and other perpetual foundations, with immeasurable injury against the State.}}


One of the proposals made by the enlightenment, especially [[Pablo de Olavide]] and [[Gaspar Melchor de Jovellanos]], was to put up for sale the disused [[Solar (Spanish term)|solar]]s. These were uncultivated and uninhabited lands belonging "in any way" to the city halls and were generally assigned as pasture for cattle. For Olavide the protection that had been given until then to livestock was one of the causes of agricultural backwardness; he advocated that "all the lands should be reduced to work" and therefore disused solars would to be sold first to the rich, because they have the means to cultivate, although some should be reserved for the farmers who had two pairs of oxen. The money obtained would establish a "Provincial [[Savings bank (Spain)|caja]]" (provincial saving bank) that would serve for the construction of public works -roads, canals, bridges...-. Thus will be achieved "useful, rooted and taxpayers neighbors, while achieving the extension of tillage, the increase of the population and the abundance of the produces".{{sfnp|Tomás y Valiente|1972|p= 16-18}}
One of the proposals that made by the enlightenment, especially [[Pablo de Olavide]] and [[Gaspar Melchor de Jovellanos]], was to put up for sale the disused [[Solar (Spanish term)|solar]]s. These were uncultivated and uninhabited lands belonging "in any way" to the city halls ''(when i added "City Hall" around the rest the article, can has both meanings idk exactly which were: "City Hall", "municipality" or "the people(s)")'' and were generally assigned as pasture for cattle. For Olavide the protection that had been given until then to livestock was one of the causes of agricultural backwardness; he advocated that "all the lands should be reduced to work" and therefore disused solars would to be sold first to the rich, because they have the means to cultivate, although some should be reserved for the farmers who had two pairs of oxen. The money obtained would establish a "Provincial [[Savings bank (Spain)|caja]]" (provincial saving bank) that would serve for the construction of public works -roads, canals, bridges...-. Thus will be achieved "useful, rooted and taxpayers neighbors, while achieving the extension of tillage, the increase of the population and the abundance of the produces".{{sfnp|Tomás y Valiente|1972|p= 16-18}}
[[File: Jovellanos.jpg|thumb| left|[[Gaspar Melchor de Jovellanos]], portrayed by [[Francisco de Goya|Goya]]]].
[[File: Jovellanos.jpg|thumb| left|[[Gaspar Melchor de Jovellanos]], portrayed by [[Francisco de Goya|Goya]]]].


The Jovellanos's proposal regarding the properties of the city halls was much more radical, because unlike Olavide that only proposed the sale of without use solars thereby respecting the most important part of the resources of the city halls, this also included the privatization of the "council lands", so it is understood that also include the properties of the city halls that give taxes, which were the lands sought more income to municipal funds. Jovellanos, a fervent supporter of the [[economic liberalism]] -"the job of the laws... should not be excite or direct, but only protect the interests of its agents naturally active and well run to its goal" he affirmed-, defended the "free and absolute" sale of these properties, without making distinctions between the potential buyers -he not worried as Olavide that these lands passed into the hands of a few magnates- because, as noted by [[Francisco Tomás y Valiente]], for Jovellanos "the liberation of without use solars and and council lands is a good in itself, for at stop being such lands amortized, become dependent for the "individual interest" and can be immediately placed in crop". Jovellanos's ideas influence notably in the liberals who launched the confiscations of the 19th century thanks to the enormous spread that had its ''Report on the agrarian law'', published in 1795, much higher than the "Plan" of Olavide, which was only partially known in the "Adjusted memorial" in 1784. {{sfnp|Tomás y Valiente|1972|p= 20-23}}
The Jovellanos's proposal regarding the properties of the city halls was much more radical, because unlike Olavide that only proposed the sale of without use solars thereby respecting the most important part of the resources of the city halls, this also included the privatization of the "council lands", so it is understood that also include the properties of the city halls that give taxes, which were the lands sought more income to municipal funds. Jovellanos, a fervent supporter of the [[economic liberalism]] -"the job of the laws... should not be excite or direct, but only protect the interests of its agents naturally active and well run to its goal" he affirmed-, defended the "free and absolute" sale of these properties, without making distinctions between the potential buyers -he not worried as Olavide that these lands passed into the hands of a few magnates- because, as noted by [[Francisco Tomás y Valiente]], for Jovellanos "the liberation of without use solars and and council lands is a good in itself, for at stop being such lands amortized, become dependent for the "individual interest" and can be immediately placed in crop". Jovellanos's ideas influence notably in the liberals who launched the confiscations of the 19th century thanks to the enormous spread that had its ''Report on the agrarian law'', published in 1795, much higher than the "Plan" of Olavide, which was only partially known in the "Adjusted memorial" in 1784.{{sfnp|Tomás y Valiente|1972|p= 20-23}}


As for the lands of the Church, the enlightenments did not defend the confiscation of their lands, but advocated that be limit, by "sweet and peaceful" means in the words of the [[José Moñino, 1st Count of Floridablanca|Count of Floridablanca]], the acquisition of more land for the ecclesiastical institutions, although this proposal as moderate was rejected by the Church and by most members of the Royal Council when was put to vote in June 1766. The two leaflets where was argued the proposal were included in the [[Index Librorum Prohibitorum]] of the [[Spanish Inquisition|Inquisition]]: the ''Treaty of the royalty payment of Amortization'' by [[Pedro Rodríguez, Conde de Campomanes|Pedro Rodríguez, Count of Campomanes]], published in 1765, and the ''Report about the agrarian law of Jovellanos'', published in 1795. "The moderation of the enlightened reformism becomes very clearly shown at this point [that only defend the limitation or stoppage in the future of the ecclesiastical amortization] and the resistance of the Church of make concessions in the economic sphere -announce its attitude in times to come- and then is very firm".{{sfnp|Tomás y Valiente|1972|p= 23-31}}
As for the lands of the Church, the enlightenments did not defend the confiscation of their lands, but advocated that be limit, by "sweet and peaceful" means in the words of the [[José Moñino, 1st Count of Floridablanca|Count of Floridablanca]], the acquisition of more land for the ecclesiastical institutions, although this proposal as moderate was rejected by the Church and by most members of the Royal Council when was put to vote in June 1766. The two leaflets where was argued the proposal were included in the [[Index Librorum Prohibitorum]] of the [[Spanish Inquisition|Inquisition]]: the ''Treaty of the royalty payment of Amortization'' by [[Pedro Rodríguez, Conde de Campomanes|Pedro Rodríguez, Count of Campomanes]], published in 1765, and the ''Report about the agrarian law of Jovellanos'', published in 1795. "The moderation of the enlightened reformism becomes very clearly shown at this point [that only defend the limitation or stoppage in the future of the ecclesiastical amortization] and the resistance of the Church of make concessions in the economic sphere -announce its attitude in times to come- and then is very firm".{{sfnp|Tomás y Valiente|1972|p= 23-31}}
Line 54: Line 53:
However, according to Francisco Tomás y Valiente, "this decree of September 13, 1813, which in a way is the first general confiscate statute of the 19th century, could scarcely be applied due to the immediate return of [[Ferdinand VII of Spain|Ferdinand VII]] and the [[absolute monarchy|absolute state]]. But along with the "Memory" of Canga Argüelles contains all the legal principles and mechanisms of subsequent consficate legislation".{{sfnp|Tomás y Valiente|1972|p= 53-54}}
However, according to Francisco Tomás y Valiente, "this decree of September 13, 1813, which in a way is the first general confiscate statute of the 19th century, could scarcely be applied due to the immediate return of [[Ferdinand VII of Spain|Ferdinand VII]] and the [[absolute monarchy|absolute state]]. But along with the "Memory" of Canga Argüelles contains all the legal principles and mechanisms of subsequent consficate legislation".{{sfnp|Tomás y Valiente|1972|p= 53-54}}


Major application reached the much debated decree of the Courts of 4 January 1813, by it conficate "all the lands of without use solars or realengos and of owns and means" of the municipalities in order to provide "a relief to the needs public, an award for the meritorious defenders of the homeland, and a help to the not owner citizens". To achieve these three purposes at once (fiscal, patriotic-military and social) it divided the goods to confiscate into two halves. The first would be linked to the payment of the "national debt", which would be sold at public auction, admitted paying "for all its worth" in securities of outstanding loans from 1808 or alternatively in vales reales. The second half would be divided into lots of free lands in favor of those who had served in the war (military patriotic purpose) and the landless neighbors (social purpose), although the latter, unlike the "patriotic awards", must pay a fee and if failure to do so, they lost the assigned lot definitely, which largely invalidated the social aim proclaimed in the decree and this largely vindicated those deputies who, like [[José María Calatrava y Peinado|José María Calatrava]] or Terrero, had opposed the decree, especially the sale of the goods of ownners, heritage on which rests the "economic government and the rural police of the peoples".{{sfnp|Tomás y Valiente|1972|p= 55-61}} Terrero said during one of the debates: "I oppose to the sale of owners and without use solars ... For who will be the benefit of such sales? I just heard it: for three or four powerful, that with too much little stipend would accrue with common prejudice its own interests".{{sfnp|Tomás y Valiente|1972|p= 58}}
Major application reached the much debated decree of the Courts of 4 January 1813, by it conficate "all the lands of without use solars or realengos and of owns and means" of the municipalities in order to provide "a relief to the needs public, an award for the meritorious defenders of the homeland, and a help to the not owner citizens". To achieve these three purposes at once (fiscal, patriotic-military and social) it divided the goods to confiscate into two halves. The first would be linked to the payment of the "national debt", which would be sold at public auction, admitted paying "for all its worth" in securities of outstanding loans from 1808 or alternatively in vales reales. The second half would be divided into lots of free lands in favor of those who had served in the war (military patriotic purpose) and the landless neighbors (social purpose), although the latter, unlike the "patriotic awards", must pay a fee and if failure to do so, they lost the assigned lot definitely, which largely invalidated the social aim proclaimed in the decree and this largely vindicated those deputies who, like [[José María Calatrava y Peinado|José María Calatrava]] or Terrero, had opposed the decree, especially the sale of the goods of ownners, heritage on which rests the "economic government and the rural police of the peoples".{{sfnp|Tomás y Valiente|1972|p= 55-61}} Terrero said during one of the debates: "I oppose to the sale of owners and without use solars ... For who will be the benefit of such sales? I just heard it: for three or four powerful, that with too much little stipend would accrue with common prejudice its own interests".{{sfnp|Tomás y Valiente|1972|p= 58}}


=== The Trienio Liberal (1820-1823) ===
=== The Trienio Liberal (1820-1823) ===
Line 63: Line 62:
By an order of 8 November 1820 (which would be replaced by a decree of June 29, 1822), the Cortes del Trienio also revived the decree of January 4, 1813 of the Cortes de Cádiz on the sale of unused lands and goods pf owners from the municipalities.{{sfnp|Tomás y Valiente|1972|p= 67-68}}
By an order of 8 November 1820 (which would be replaced by a decree of June 29, 1822), the Cortes del Trienio also revived the decree of January 4, 1813 of the Cortes de Cádiz on the sale of unused lands and goods pf owners from the municipalities.{{sfnp|Tomás y Valiente|1972|p= 67-68}}


The ecclesiastical confiscation, unlike the Cortes de Cádiz that not legislated anything about it, yes it was addressed by the Cortes del Trienio in relation to the goods of the [[clergy|regular clergy]]. So the decree of October 1, 1820 abolished "all the monasteries of the monastic orders; the regular [[canon]]s of [[Benedict of Nursia|Saint Benedict]] of the Tarraconian and cesaraugustian cloistered congregation; those of [[Order of Saint Augustine|St. Augustine]] and [[Premonstratensians]]. The convents and colleges of the Military Orders of [[Order of Santiago|Santiago]], [[Order of Calatrava|Calatrava]], [[Order of Montesa|Montesa]] and [[Order of Alcántara|Alcántara]]; those of [[Order of St. John of Jerusalem]], those of [[John of God|Saint John of God]] and the [[Bethlehemite Brothers]]s, and all other hospitals of any kind". Their goods and immovable properties were "applied to the public credit" for what were declared "national assets" subject to its immediate confiscation. A few days later, by the law of October 11, 1820, prohibiting purchase real estates to all kinds of "mortmains", which actually became fact the measure advocated by the enlightenments of the 18th century, like Campomanes or Jovellanos.{{sfnp|Tomás y Valiente|1972|p= 70-71}}
The ecclesiastical confiscation, unlike the Cortes de Cádiz that not legislated anything about it, yes it was addressed by the Cortes del Trienio in relation to the goods of the [[clergy|regular clergy]]. So the decree of October 1, 1820 abolished "all the monasteries of the monastic orders; the regular [[canon]]s of [[Benedict of Nursia|Saint Benedict]] of the Tarraconian and cesaraugustian cloistered congregation; those of [[Order of Saint Augustine|St. Augustine]] and [[Premonstratensians]]. The convents and colleges of the Military Orders of [[Order of Santiago|Santiago]], [[Order of Calatrava|Calatrava]], [[Order of Montesa|Montesa]] and [[Order of Alcántara|Alcántara]]; those of [[Order of St. John of Jerusalem]], those of [[John of God|Saint John of God]] and the [[Bethlehemite Brothers]]s, and all other hospitals of any kind". Their goods and immovable properties were "applied to the public credit" for what were declared "national assets" subject to its immediate confiscation. A few days later, by the law ''(when i write "law" in this article can be "law" or "act")'' of October 11, 1820, prohibiting purchase real estates to all kinds of "mortmains", which actually became fact the measure advocated by the enlightenments of the 18th century, like Campomanes or Jovellanos.{{sfnp|Tomás y Valiente|1972|p= 70-71}}


=== The confiscation of Mendizábal (1836-1837) ===
=== The confiscation of Mendizábal (1836-1837) ===
Line 82: Line 81:


In 1845, during Moderate Decade, the government tried to restore relations with the Church, leading to the signing of the [[Concordat of 1851]].
In 1845, during Moderate Decade, the government tried to restore relations with the Church, leading to the signing of the [[Concordat of 1851]].

=== The confiscation of Madoz (1855) ===

During the [[Bienio progresista]] (at front of which was again [[Baldomero Espartero]] with [[Leopoldo O'Donnell, 1st Duke of Tetuan|O'Donnell]]) the Minister of Treasury [[Pascual Madoz]] makes a new confiscation (1855) that it was executed with greater control than the Mendizábal. The thursday May 3, 1855 it was published in ''La Gaceta de Madrid'' and the 31 the instruction to do it.

It declared for sale all properties of the State, the clergy, the Military Orders ([[Order of Santiago|Santiago]], [[Order of Alcántara|Alcántara]], [[Order of Calatrava|Calatrava]], [[Order of Montesa|Montesa]] and [[Sovereign Military Order of Malta|St. John of Jerusalem]]), confraternities, pious works, sanctuaries ''(¿or shrines?)'', of the the former Infante [[Infante Carlos, Count of Molina|Don Carlos]], of the [[bienes de propios]] (properties owned by a City Hall to provide a rent at the same for be leased) and of the commons of the people, of the charity and of the public instruction, with the exceptions of the Pious Schools and the hospitals of Saint John of God, dedicated to education and medical care respectively, since reduced the government spending in these areas. Likewise were allowed the confiscation of the censuses belonging to the same organizations.

This was the confiscation which achieved greater sales volume and had a top importance than all previous. However, the historians have traditionally been much more occupied towards of the Mendizábal, whose importance lies in its duration, the large volume of mobilized goods and the large repercussions that had in the Spanish society.<ref name=C/>

Having been the subject of confrontation between conservatives and liberals, there came a time when all political parties recognized the need to rescue those idle assets in order to incorporate to the higher economic development of the country. Was suspended the application of the law on October 14, 1856 and resumed two years later, on October 2, 1858, being [[Leopoldo O'Donnell|O'Donnell]] president of the Council of Ministers. The changes of government did not affect the auctions, which continued until the end of the century. In 1867 it sold a total of 198&nbsp;523 rural properties and 27&nbsp;442 urban. The state entered 7&nbsp;856&nbsp;000&nbsp;000 reales between 1855 and 1895, almost twice that obtained with the confiscation of Mendizábal. This money was mainly spent to cover the State budget deficit, public debt repayment and public works, reserving 30 million reales per year for "reconstruction and repair of some churches of Spain".

Traditionally it has been called this period as civil confiscation, misnomer, because if it is true that were auctioned a large number of farms that had been common property of the people, which was a novelty, were also sold many goods until then belonging to the Church, especially those who were in possession of [[secular clergy]], but that was, in short, a very serious abuse and looting of the goods of the rural people, farmers, who depended heavily on them and condemned millions to emigration and proletarianization in cities.

Overall, it is estimated that all sold off, the 35&nbsp;% belonged to the church, the 15&nbsp;% to charity and 50& nbsp;% of municipal properties, mainly peoples ''(¿or towns?)''. The Municipal Statute by [[José Calvo Sotelo]] of 1924 finally repealed the laws on confiscation of property of the peoples and thus the confiscation of Madoz.

{{Quote |'''Affected properties by the "Madoz Law" or General law of confiscation of May 1, 1855'''<p>
It declared in sale, in accordance with the requirements of this Act, and and without prejudice to charges and easements to that legitimately are submit, all the rustic and urban properties, censuses and forums belonging: to the State, to the clergy, to the Military Orders of Santiago, Alcántara, Montesa and St. John of Jerusalem, to confraternities, pious works and sanctuaries ''(¿shrines?)'', the kidnapping of the ex-infante Don Carlos, to the owns and commons of the people, to the charity, to the public education. And any other belonging to mortmains, whether or not sent to sell by previous laws.<ref>Cited in María Dolores Sáiz, [http://www.magrama.gob.es/ministerio/pags/biblioteca/revistas/pdf_ays%2Fa028_03.pdf ''Public opinion and Confiscation. The General Law of confiscation of Madoz of May 1, 1855''], lecture on '' Confiscation and Public Treasury'', Menéndez y Pelayo International University, Santander, 16 to 20 August 1982. See also [http://www.iescasasviejas.net/1.web/histo2/actxdes.htm Analysis of historical sources on the confiscation].</ref>}}

== Consequences ==
=== Social ===
If it generalizate and divide Spain in a southern area with predominance of [[large estates]] and northern strip in which there a majority of medium and small farms, it could conclude, according to the works by [[Richard Herr]], which the result of the confiscation was concentrate the ownership in each region in proportion to the previous existing size, so there was a radical change in the ownership structure.<ref name=A>[http://books.google.es/books?id=rK2a0vi9IK4C&pg=PA144&dq=desamortizacion+richard+herr&hl=es&ei=Ar7SS_2dGob4-AaKs9mdDA&sa=X&oi=book_result&ct=result&resnum=4&ved=0CDcQ6AEwAw#v=onepage&q&f=false Richard Herr: ''Contemporary Spain'', Marcial Pons, Ediciones de Historia S.A., Madrid, 2004], ISBN 84-95379-75-9.</ref>The patches that were auctioned were bought by the inhabitants of nearby villages while the larger the acquired richest people living in cities usually further away from the property.<ref name=A/>

In the southern part, of large estate domination, not there were small farmers who have sufficient financial resources to bid in the auctions of large estates, which reinforced the landlordism. However this did not happen generally in the north of the country.<ref name=A/>

A separate issue is the privatization of communal properties belonging to the municipalities. Many farmers were affected by being deprived of a resources that contribute to their subsistence -firewood, pastures, etc.-, so it deepened the emigration trend of the rural population, which went to industrialized areas of the country or to the Americas. This migration reached very high levels in the late 19th and early 20th centuries.

Another social consequence was the [[Exclaustration]] (out of religious life within the cloister) of thousands of religious which was initiated by the government of the Count of Toreno that approved the Royal Order of Ecclesiastical Exclaustration of 1835 (July 25) by which it suppressed all the [[convent]]s in which there not were at least twelve professed religious. And under the government of Mendizábal it stated (October 11) that only subsist eight [[monastery]]s throughout Spain. Finally, on March 8, 1836, appeared a new decree that suppressed all the convents of religious (with some exceptions, such as [[Piarists]] and [[Sovereign Military Order of Malta|Hospitallers]]), and a year later it issued another more (29 July, 1837) that did the same with the female convents (except for the [[Sisters of Charity]]).

So recounted A. Fernández de los Ríos twenty years after the [[exclaustration]] that ran in Madrid [[Salustiano de Olózaga]]<ref>{{Cite Book | author = Julio Caro Baroja | year = 1980 | pages = 160-161 | quote =}}</ref>
{{Quote |The operation was extremely easy: most of the friars were provided with secular clothes, and few requested company to leave the convents, of whom left with the alacrity of who early had prepared and organized the move. At eleven o'clock, all the mayors had been part of having fulfilled the first end its mission, the vacating the convents: Don [[Manuel Cantero de San Vicente|Manuel Cantero]], who held the office of mayor, was the only one who nothing it knew. Olózaga wrote these lines: "Everyone already have been part of have dispatched except you.". Cantero replied: "The others only had to dress them; I have to shave them. Cantero was right: in his district there were one hundred and many [[Order of Friars Minor Capuchin|Capuchin]]s of the Patience.}}

[[Julio Caro Baroja]] has drawn attention to the figure of the old exclaustrated priest because, unlike the young man who worked where he could or joined the Carlist ranks -or that of the [[National Militia (Spain)|milicias nacionales]]-, they lived "enduring their misery, emaciated, (''deleted the word "enlevitado" cuz has no meanings in my translator)'', teaching Latin in the schools, or doing other underpaid odd jobs"<ref>{{cite book | author = Julio Caro Baroja | year = 1980 | pages = 161 | quote =}}</ref>

Thus, as noted by Caro Baroja, in addition to the economic, the suppression of the religious orders, had a "huge impact on the social history of Spain". Caro Baroja quotes to the liberal progressist Fermín Caballero who in 1837, shortly after the secularization, wrote:
<ref> {{Quote Book | Caro Baroja name = | author = Julio Caro Baroja | year = 2008 | year-Original = 1980 | pages = 159 | quote =}}</ref>
{{Quote |The total extinction of the religious orders is the most gigantic step have taken Spain in the present time; It is the real act of reform and revolution. To the current generation surprising does not find by some the chapels and habits that saw from childhood, of such various forms and shades were multiplied the names of benitos, gerónimos, mostenses, basilios, franciscos, capuchinos, gilitos, etc., but our successors will not admire least the transformation, when traditionally only by the books know what were the monks and how they ended, and when to learn about their costumes have to go to the pictures or the museums! So yes that will offer novelty and interest in the tables ''The devil preacher'', ''The force of the fate'' and other dramatic compositions in that mediate friars!"}}

Where it can also appreciate the social consequences of the confiscation it was in changing the appearance of the cities, which was "laificado" (secularized) the term used by [[Julio Caro Baroja]]-. Madrid, for example, thanks to [[Salustiano de Olózaga]] governor of the capital that sent down 17 convents (in Madrid), ceased to be "drowned out by a string of convents".<ref>{{cite book | author = Julio Caro Baroja | year = 2008 | pages = 160 | quote =}}</ref>

=== Economic ===
* Sanitation of public finances, that admitted more than 14,000 billion reales from auctions.
* There was an increase in the cultivated area and agricultural productivity; Also it improved and specialized the crops through new investment by owners. In [[Andalusia]], for example, it extended considerably the olive and the vine. All this however influenced negatively in the increase in deforestation.<ref name=V>Francisco Tomás y Valiente: ''El proceso de desamortización de la tierra en España'', Agricultura y sociedad, ISSN 0211-8394, Nº 7, 1978 , pags. 11-33</ref>
* Most of the people suffered an economic downturn that negatively affected the subsistence economy, because the communal lands which were used primarily for grazing passed into private hands.<ref name=G>[[Francisco Martí Gilabert]]: ''La desamortización española'', Ediciones Rialp S.A, 2003, ISBN 84-321-3450-3</ref>

=== Cultural ===
[[File:Museo Bellas Artes Sevilla 20120728.jpg|thumbnail|The [[Museum of Fine Arts of Seville|Museo de Bellas Artes of Seville]] saves a huge collection of religious art from the convents and monasteries of Seville who suffered confiscations. The museum building itself was a Convent of the Merced Calzada]]
Many paintings and books of monasteries (including some romanesque) were sold at low prices and eventually transfered to other countries, although most of the books were to swell the funds of public libraries or universities. Many also went to transfering to private hands that regardless notion of the actual value thereof, were lost forever. It were left abandoned numerous buildings of artistic interest, such as churches and monasteries, with the subsequent ruin of them, but others instead turned into public buildings and were preserved for museums or other institutions.<ref name=G/>

=== Political and ideological ===
One goal of the confiscation was to allow the consolidation of the liberal regime and those who buy lands formed a new class of small and medium landowners supporters of the regime. But this goal was not achieved, by acquiring most of the confiscated lands, particularly in southern Spain, by large landowners, as already discussed.<ref name=owners />

The half of the lands that sold had been part of the community, the common land to the peasants and rural people. Rural areas today still account for 90&nbsp;% of the territory of Spain <ref> {{Cite web | author = Ministry of Environment and Rural and Marine Affairs. COAG. Publication of the UAP | title = Población y Sociedad Rural|url=http://www.coag.org/rep_ficheros_web/b930604ec8357cb3e78b977e637bdedf.pdf | date = 12 February 2009}}</ref> The communal lands completed the precarious economy of the peasants and which supposed the collecting of fruits or grass and were held and managed by the community.

Its confiscation meant the destruction of life systems and centennial popular self-management organizations.<ref>{{publication cite |Author = Various Authors | publication = Iura Vasconiae. By FEDHAV | date = 2004 | volume = 1 | number = ISSN 1699-5376 | url = http://www.udg.edu/portals/156/articles/article_72.pdf}}</ref><ref>{{web cite | author = Margarita Serna Vallejo. Iura Vasconiae magazine, FEDHAV | title = Essay on communal property |url=http://fedhav.eu/sites/default/files/iura1_TerceraParte_405-626_fedhav.pdf|fecha=2004}}</ref>

=== Ecological ===
From the point of view of the environment, the confiscation supposed the move to private hands of millions of hectares of forests, which ended up being cleared and plowed, causing immense damage to the Spanish natural heritage, which is still perceptible. Indeed, the cost of reforestation, ongoing since seventy years ago, far exceeds what was then obtained with the sales.

The confiscations of the 19th century were probably the biggest environmental disaster suffered by the Iberian Peninsula during the last centuries, particularly the "confiscation of Madoz". In this confiscation, huge extensions of publicly owned forests were privatized. The oligarchs who then bought the lands, for the most part, paid the lands by with making charcoal the Mediterranean forest acquired. Thus they fleeced all the resources of these mountains immediately after acquire them, and much of the Iberian deforestation originated at that time. Causing the extinction of numerous plant and animal species in these regions.<ref>{{Cite web | author = Instituto Saavedra Fajardo. www.murciaeduca.es | title = Item 11: The double civil and ecclesiastical confiscation (Isabel II)|url=https://www.murciaeduca.es/iessaavedrafajardo/sitio/upload/Tema_11_LAs_desamortizaciones.pdf}}</ref>

=== Other ===
In the urban aspect, the confiscation of the convents contributed to the modernization of the cities. It went from the convent city, with so many religious buildings, to the bourgeois city, with buildings of more height, extensions and new public spaces.

The former convents became public buildings: museums, hospitals, offices, barracks; others were demolished to extensions, new streets, squares, and even multi-storey car parks, and some became in parishes or after auctions passed into private hands.<ref>{{web cite | author = Instituto Saavedra Fajardo. www.murciaeduca.es | title = Item 11: The double civil and ecclesiastical confiscation (Isabel II)|url=https://www.murciaeduca.es/iessaavedrafajardo/sitio/upload/Tema_11_LAs_desamortizaciones.pdf}}</ref>

A large amounts of destroyed old landmarks including walls were demolished during and/or consequense of the liberal political and measures of these confiscations, former buildings mainly from [[Castile (historical region)|Castile]] and [[Madrid]]. there are a incomplete list:
* [[:Category:Destroyed landmarks in Spain demolished during the Spanish confiscation period|List of destroyed landmarks in Spain demolished during the Spanish confiscation period]].


==Notes==
==Notes==

Revision as of 00:47, 22 January 2016

File:Apse of San Martin at Fuentidueñas.jpg
Apse of the Romanesque Iglesia de San Martín at Fuentidueña (Segovia) (c. 1175–1200), given to the Americans (for the anniversary of the New York Met Museum and financed by Rockefeller Jr.), and dismantling by them stone by stone, and now is in The Cloisters, New York, product of the Spanish confiscation. Now, due to the dismantle, the rest of the church in Fuentidueña is in ruins.[1]
The sepulchre of Ermengol X (1274–1314), Count of Urgell and Viscount of Àger, sold in the 19th century and now The Cloisters, New York, as a result of the Ecclesiastical Confiscations of Mendizábal.
Renaissance courtyard of the Castle of Vélez-Blanco (c. 16th century), given, during the liberal consfication, in 1903, to the Americans and now is in The Cloisters, New York.[2]

The Spanish confiscation refers to the confiscation by the state of church-owned and other property and the subsequent sale of such property by the Spanish central government, a process which started in the late 18th century and ended in the early 20th century.

It was a long historical, economic and social process, which began in the late 18th century with the so-called "Confiscation of Godoy" (1798), although there was a precedent in the reign of Charles III of Spain, and ended well into the 20th century (16 December 1924). It consisted of putting on the market, previous forced expropriation and through a public auction, the lands and properties (including landmarks) that previously could not alienate (sell, mortgage or lease) and were in the hands of the called "mortmains" ie, the Catholic Church and the religious orders which had accumulated as usual beneficiaries of grants, wills and intestates, and the called 'without use solars' (baldíos) and communal lands of the municipalities, which served as a complement to the fragile economy of the peasants. In the words of Francisco Tomás y Valiente, the Spanish confiscation presented "the following features: appropriation by the State and by its unilateral decision of real estate properties belonging to "mortmains", selling them and assignment of the obtained ammount proceeds with the sells to the amortization of debt securities".[3]

In other countries (such as Mexico) there occured a phenomenon of more or less similar characteristics.[note 1] The principal aim of the confiscation undertaken in Spain was to get extra income to pay off the public debt securities -singularly vales reales- that the State issued to finance itself, or extinguish it because on some occasions they could also be admitted as payment in auctions. It also aimed to increase the national wealth and create a bourgeoisie and middle class of farmers who were owners of the lands they cultivated and create capitalist conditions (privatization, strong financial system) so that the State could raise more and better taxes.

The confiscation was one of the political weapons with which the liberals modified the system of ownership of the Ancien Régime to implement the new Liberal state during the first half of the 19th century.

The confiscation during the Ancien Régime

The proposals of the enlighteneds

Portrait of Pablo de Olavide, by Juan Moreno Tejada before 1805.

The enlightened showed a great concern for the backwardness of Spanish agriculture and virtually all who dealt with the issue agreed that one of the main causes of it was the huge expanse in Spain of the amortized property held by the "mortmains" -the Church and the municipalities, primarily- because the lands that were held was generally poorly cultivated, in addition to remaining outside the market because these could not be alienated, nor sold, nor mortgaged or given away, with the consequent increase in the price of the "free" land, and not taxed at the Royal Finance by the privileges of its owners [4] The Count of Floridablanca, Minister of Charles III, in his famous reserved Report of 1787 complained of "major damages of the amortization".[5]

The lesser trouble, although insignificant, is that such [amortizated] properties it evade to the taxes; for there are other two major, which are recharge to other subjects and get the amortized properties liable to deteriorate and lose after then the holders can not cultivate or are disengaged or poors, as it experience and seen with pain everywhere, for not there land, houses or real estate more abandoned and destroyed than the chaplain sites and other perpetual foundations, with immeasurable injury against the State.

One of the proposals that made by the enlightenment, especially Pablo de Olavide and Gaspar Melchor de Jovellanos, was to put up for sale the disused solars. These were uncultivated and uninhabited lands belonging "in any way" to the city halls (when i added "City Hall" around the rest the article, can has both meanings idk exactly which were: "City Hall", "municipality" or "the people(s)") and were generally assigned as pasture for cattle. For Olavide the protection that had been given until then to livestock was one of the causes of agricultural backwardness; he advocated that "all the lands should be reduced to work" and therefore disused solars would to be sold first to the rich, because they have the means to cultivate, although some should be reserved for the farmers who had two pairs of oxen. The money obtained would establish a "Provincial caja" (provincial saving bank) that would serve for the construction of public works -roads, canals, bridges...-. Thus will be achieved "useful, rooted and taxpayers neighbors, while achieving the extension of tillage, the increase of the population and the abundance of the produces".[6]

Gaspar Melchor de Jovellanos, portrayed by Goya

.

The Jovellanos's proposal regarding the properties of the city halls was much more radical, because unlike Olavide that only proposed the sale of without use solars thereby respecting the most important part of the resources of the city halls, this also included the privatization of the "council lands", so it is understood that also include the properties of the city halls that give taxes, which were the lands sought more income to municipal funds. Jovellanos, a fervent supporter of the economic liberalism -"the job of the laws... should not be excite or direct, but only protect the interests of its agents naturally active and well run to its goal" he affirmed-, defended the "free and absolute" sale of these properties, without making distinctions between the potential buyers -he not worried as Olavide that these lands passed into the hands of a few magnates- because, as noted by Francisco Tomás y Valiente, for Jovellanos "the liberation of without use solars and and council lands is a good in itself, for at stop being such lands amortized, become dependent for the "individual interest" and can be immediately placed in crop". Jovellanos's ideas influence notably in the liberals who launched the confiscations of the 19th century thanks to the enormous spread that had its Report on the agrarian law, published in 1795, much higher than the "Plan" of Olavide, which was only partially known in the "Adjusted memorial" in 1784.[7]

As for the lands of the Church, the enlightenments did not defend the confiscation of their lands, but advocated that be limit, by "sweet and peaceful" means in the words of the Count of Floridablanca, the acquisition of more land for the ecclesiastical institutions, although this proposal as moderate was rejected by the Church and by most members of the Royal Council when was put to vote in June 1766. The two leaflets where was argued the proposal were included in the Index Librorum Prohibitorum of the Inquisition: the Treaty of the royalty payment of Amortization by Pedro Rodríguez, Count of Campomanes, published in 1765, and the Report about the agrarian law of Jovellanos, published in 1795. "The moderation of the enlightened reformism becomes very clearly shown at this point [that only defend the limitation or stoppage in the future of the ecclesiastical amortization] and the resistance of the Church of make concessions in the economic sphere -announce its attitude in times to come- and then is very firm".[8]

The confiscation measures of Charles III

The Confiscation timid measures agreed during the reign of Charles III have to be seen in the context of the riots that occurred in the spring of 1766 and that are known by the name of Esquilache Riots. The most important measure was an initiative of the corregidor-intendente of Badajoz that to quell the revolt ordened deliver in renting the city hall lands to the "needy neighbors, attending first to the senareros and day labors that themselves or with wages can work it, and after of them who have a load of donkeys, and farmers of a yoke, and in this order to the two yokes in preference to the three, and so respectively". The 10th Count of Aranda, the newly appointed minister by Charles III, immediately extended the measure to all Extremadura by royal decree of May 2, 1766, and the following year to the whole kingdom. In an order of 1768 that it developed, explained that the measure was intended to serve the poorest farmers and laborers, looking for the "common good".[9]

However, this measure, -which is not really a confiscation because the lands were leased and remained the property of the municipalities- was in effect just three years, it was repealed on 26 May 1770. In the royal decree that replaced it prioritized in leases "to the laborers of one, two and three yokes", so that the initial social purpose disappeared. To justify it alluded the "problems that have followed in the practice of the various provisions issued earlier about distribution of lands", referring to that many laborers and poor peasants who had received plots of lands, not had been able to cultivate properly -failing to pay the censuses- because lacked of the means to do so, since the concessions were not accompanied of loans to enable them to acquire. The consequence of all this was that the lands of city halls became to the oligarchies of the municipalities, these "individual richs" of which it spoke in the "Plan" of Olavide, who had openly criticized the first measures because it believed that the braceros lacked the means to put into full use the lands that deliver, when the Olavide self direct the project of New Populations of Andalusia and Sierra Morena the settlers receive the minimum necessary to begin to cultivate the land that it had been granted, together with the exemption of pay taxes and censuses in the early years.[10]

As Francisco Tomás y Valiente noted, the politicians of Charles III "acted moved more by economic reasons (put in farming uncultivated lands) than by other social, that or do not appear in their plans and the legal precepts, or when arose in they were suppressed first by the lack of adequate resources for its effective implementation, and secondly (as it saw Cárdenas and Joaquín Costa) by the resistance that the "provincial plutocracy" opposed to any social reform... However... the confiscation measures of Charles III and even the correlative plans of who then it occupied of this issue have in common an important and positive feature: its connection with the wider plan of reform or regulation of the agricultural economy".[11]

The "confiscation of Godoy"

During the reign of Charles IV the so-called "Confiscation of Godoy" took place, launched in September 1798 by Mariano Luis de Urquijo together with the Secretary of the Treasury, Miguel Cayetano Soler, who had held that position during the government of Manuel Godoy I -removed from power six months before.[12]

In 1798 king Carlos IV obtained permission from the Vatican to expropriate the properties of the Jesuits and of pious works that, on the whole, came to be one-sixth part of the Church properties. In it was disentailed goods of the Society of Jesus, of hospitals, hospices, Houses of Mercy and of University residential colleges and also included un-operated goods of particulars.[13]

As highlighted by Francisco Tomás y Valiente, with the "confiscation of Godoy", it gave a turning point in linking the confiscation to the problems of public debt, unlike what had happened with the confiscation measures of Charles III that sought to a very limited extent the reform of the agrarian economy. The liberal confiscations of the 19th century continued the approach of the "confiscation of Godoy" and not of the measures of Charles III.[14]

The liberal confiscations of the 19th century

The reign of Joseph Bonaparte (1808-1813)

Joseph Bonaparte decreed on 18 August 1809 the removal of "all regular, monastic, mendicant and clerical Orders"(sic), whose assets would automatically belong to the nation. So "many religious institutions were dissolved in fact (regardless of any canon legal consideration). The mechanics of the war also produced frequently identical effects in many convents, monasterys and "houses of religion".[15]

Joseph Bonaparte also made a lesser confiscation that did not imply the removal of the property, but the confiscation of its income for the fueling and war expenditure of the French troops- this ceased in 1814.[16]

The Cortes de Cádiz (1810-1814)

José Canga Argüelles, portrayed by Vicente Arbiol Rodríguez.

After an intense debate that took place in March 1811, the deputies of the Cortes de Cádiz recognized the huge debt accumulated in the form of vales reales during the reign of Charles IV and that the acting Secretary of Treasury José Canga Argüelles estimated in 7000 million reales. After rejectthat the vales reales only to be recognized for its market value, well below of its nominal value -which would have meant the ruin of its holders and the inability to obtain new loans- Is approved the "Memory" presented by Canga Argüelles that proposing confiscate certain goods of "mortmains" that is put on sale. In the auctions the amount of the two thirds of the hammer price must paid in "the national debt securities" -which included the vales reales of the previous reign and the new "notes of liquidated credit" that were issued from 1808 to defray the expenses of the War of Spanish Independence-. The cash obtained in the auctions also be dedicated to the payment of interest and the capital of the "national debt".[17]

In the decree of September 13, 1813, in which was captured the propose of Argüelles, was called "national goods" to the properties that were to be confiscated by the State to sell at public auction. It was the confiscated goods or to confiscate to the "traitors" as Manuel Godoy and his supporters, and to the "francophiles"; those of the Knights Hospitaller and of the four Spanish military orders (Order of Santiago, Order of Alcántara, Order of Calatrava and Order of Montesa; those of the convents and monasteries suppressed or destroyed during the war; the farms of the Crown, except the Royal Sites intended for service and recreation of the king and half of the without use solars and realengos of the municipalities.[18]

However, according to Francisco Tomás y Valiente, "this decree of September 13, 1813, which in a way is the first general confiscate statute of the 19th century, could scarcely be applied due to the immediate return of Ferdinand VII and the absolute state. But along with the "Memory" of Canga Argüelles contains all the legal principles and mechanisms of subsequent consficate legislation".[19]

Major application reached the much debated decree of the Courts of 4 January 1813, by it conficate "all the lands of without use solars or realengos and of owns and means" of the municipalities in order to provide "a relief to the needs public, an award for the meritorious defenders of the homeland, and a help to the not owner citizens". To achieve these three purposes at once (fiscal, patriotic-military and social) it divided the goods to confiscate into two halves. The first would be linked to the payment of the "national debt", which would be sold at public auction, admitted paying "for all its worth" in securities of outstanding loans from 1808 or alternatively in vales reales. The second half would be divided into lots of free lands in favor of those who had served in the war (military patriotic purpose) and the landless neighbors (social purpose), although the latter, unlike the "patriotic awards", must pay a fee and if failure to do so, they lost the assigned lot definitely, which largely invalidated the social aim proclaimed in the decree and this largely vindicated those deputies who, like José María Calatrava or Terrero, had opposed the decree, especially the sale of the goods of ownners, heritage on which rests the "economic government and the rural police of the peoples".[20] Terrero said during one of the debates: "I oppose to the sale of owners and without use solars ... For who will be the benefit of such sales? I just heard it: for three or four powerful, that with too much little stipend would accrue with common prejudice its own interests".[21]

The Trienio Liberal (1820-1823)

After the restoration of the Constitution of 1812 in 1820, the Liberal governments of the Trienio faced again the problem of the debt during the six years absolutist restoration (1814 1820) had not been resolved. And for this the new Courts revalidated the decree of the Cortes de Cádiz of September 13, 1813 by the decree of 9 August 1820 that added the goods to confiscate the properties of the Spanish Inquisition recently extinct. Another novelty of the decree of 1820 than the 1813 was that now in the payment of the auctions not be admitted cash but only vales reales and other securities of public debt, and at its nominal value (although its market value was much lower). So Francisco Tomás y Valiente saw it as the "most extreme" decree of that linking confiscation with debt decree.[22]

Due to the very low market value of debt securities with respect to its nominal value, "the cash disbursement made by buyers was far below to the amount of the appraised price (on some occasion it did not take 15 percent of this value) . Given these outrageous sales, there were deputies in 1823 who proposed its suspension and the delivery of the goods in property to tenants of them. One of these deputies declared "that by alienation default, the farms have been taken over by rich capitalists, and these, once they have taken possession of them, have made a new lease, generally increasing the rent to the poor farmer, threatening to spoil if they do not pay on time. "But despite those results and these criticisms , the confiscate process went ahead without modifying its approach".[23]

By an order of 8 November 1820 (which would be replaced by a decree of June 29, 1822), the Cortes del Trienio also revived the decree of January 4, 1813 of the Cortes de Cádiz on the sale of unused lands and goods pf owners from the municipalities.[24]

The ecclesiastical confiscation, unlike the Cortes de Cádiz that not legislated anything about it, yes it was addressed by the Cortes del Trienio in relation to the goods of the regular clergy. So the decree of October 1, 1820 abolished "all the monasteries of the monastic orders; the regular canons of Saint Benedict of the Tarraconian and cesaraugustian cloistered congregation; those of St. Augustine and Premonstratensians. The convents and colleges of the Military Orders of Santiago, Calatrava, Montesa and Alcántara; those of Order of St. John of Jerusalem, those of Saint John of God and the Bethlehemite Brotherss, and all other hospitals of any kind". Their goods and immovable properties were "applied to the public credit" for what were declared "national assets" subject to its immediate confiscation. A few days later, by the law (when i write "law" in this article can be "law" or "act") of October 11, 1820, prohibiting purchase real estates to all kinds of "mortmains", which actually became fact the measure advocated by the enlightenments of the 18th century, like Campomanes or Jovellanos.[25]

The confiscation of Mendizábal (1836-1837)

Juan Álvarez Mendizábal.

The confiscation of Juan Álvarez Mendizábal along with the of Pascual Madoz are the two most important liberal confiscations.[13]

The confiscation of Mendizábal, Minister of the ruler Maria Christina of the Two Sicilies, in 1836, had consequences very important for economic and social history of Spain.

As the division of the lots was entrusted to municipal committees, these took advantage of their power to make manipulations and set big unattainable lots to smallholders but payable, however, by the very wealthy oligarchs who could buy both large lots and small.[16]

The small farmers could not enter in the bids and the lands was bought by nobles and wealthy urban bourgeoisie, so that could not be created a true bourgeoisie or middle class in Spain that out the country from its stagnation.[26]

The lands confiscated by the government were only those belonging to regular clergy. Thus the Church decided to excommunicate both the expropriators and buyers of lands, which made most people do not decide to directly buy the lands, and it made through intermediaries made or strawpersons.[13]

The confiscation of Espartero (1841)

On September 2, 1841 the newly appointed ruler, Baldomero Espartero imposed the confiscation of assets of the secular clergy project that elaborated Pedro Surra Rull. This law sparingly last three years and the to sink Progressive Party the law was repealed.

In 1845, during Moderate Decade, the government tried to restore relations with the Church, leading to the signing of the Concordat of 1851.

The confiscation of Madoz (1855)

During the Bienio progresista (at front of which was again Baldomero Espartero with O'Donnell) the Minister of Treasury Pascual Madoz makes a new confiscation (1855) that it was executed with greater control than the Mendizábal. The thursday May 3, 1855 it was published in La Gaceta de Madrid and the 31 the instruction to do it.

It declared for sale all properties of the State, the clergy, the Military Orders (Santiago, Alcántara, Calatrava, Montesa and St. John of Jerusalem), confraternities, pious works, sanctuaries (¿or shrines?), of the the former Infante Don Carlos, of the bienes de propios (properties owned by a City Hall to provide a rent at the same for be leased) and of the commons of the people, of the charity and of the public instruction, with the exceptions of the Pious Schools and the hospitals of Saint John of God, dedicated to education and medical care respectively, since reduced the government spending in these areas. Likewise were allowed the confiscation of the censuses belonging to the same organizations.

This was the confiscation which achieved greater sales volume and had a top importance than all previous. However, the historians have traditionally been much more occupied towards of the Mendizábal, whose importance lies in its duration, the large volume of mobilized goods and the large repercussions that had in the Spanish society.[16]

Having been the subject of confrontation between conservatives and liberals, there came a time when all political parties recognized the need to rescue those idle assets in order to incorporate to the higher economic development of the country. Was suspended the application of the law on October 14, 1856 and resumed two years later, on October 2, 1858, being O'Donnell president of the Council of Ministers. The changes of government did not affect the auctions, which continued until the end of the century. In 1867 it sold a total of 198 523 rural properties and 27 442 urban. The state entered 7 856 000 000 reales between 1855 and 1895, almost twice that obtained with the confiscation of Mendizábal. This money was mainly spent to cover the State budget deficit, public debt repayment and public works, reserving 30 million reales per year for "reconstruction and repair of some churches of Spain".

Traditionally it has been called this period as civil confiscation, misnomer, because if it is true that were auctioned a large number of farms that had been common property of the people, which was a novelty, were also sold many goods until then belonging to the Church, especially those who were in possession of secular clergy, but that was, in short, a very serious abuse and looting of the goods of the rural people, farmers, who depended heavily on them and condemned millions to emigration and proletarianization in cities.

Overall, it is estimated that all sold off, the 35 % belonged to the church, the 15 % to charity and 50& nbsp;% of municipal properties, mainly peoples (¿or towns?). The Municipal Statute by José Calvo Sotelo of 1924 finally repealed the laws on confiscation of property of the peoples and thus the confiscation of Madoz.

Affected properties by the "Madoz Law" or General law of confiscation of May 1, 1855

It declared in sale, in accordance with the requirements of this Act, and and without prejudice to charges and easements to that legitimately are submit, all the rustic and urban properties, censuses and forums belonging: to the State, to the clergy, to the Military Orders of Santiago, Alcántara, Montesa and St. John of Jerusalem, to confraternities, pious works and sanctuaries (¿shrines?), the kidnapping of the ex-infante Don Carlos, to the owns and commons of the people, to the charity, to the public education. And any other belonging to mortmains, whether or not sent to sell by previous laws.[27]

Consequences

Social

If it generalizate and divide Spain in a southern area with predominance of large estates and northern strip in which there a majority of medium and small farms, it could conclude, according to the works by Richard Herr, which the result of the confiscation was concentrate the ownership in each region in proportion to the previous existing size, so there was a radical change in the ownership structure.[28]The patches that were auctioned were bought by the inhabitants of nearby villages while the larger the acquired richest people living in cities usually further away from the property.[28]

In the southern part, of large estate domination, not there were small farmers who have sufficient financial resources to bid in the auctions of large estates, which reinforced the landlordism. However this did not happen generally in the north of the country.[28]

A separate issue is the privatization of communal properties belonging to the municipalities. Many farmers were affected by being deprived of a resources that contribute to their subsistence -firewood, pastures, etc.-, so it deepened the emigration trend of the rural population, which went to industrialized areas of the country or to the Americas. This migration reached very high levels in the late 19th and early 20th centuries.

Another social consequence was the Exclaustration (out of religious life within the cloister) of thousands of religious which was initiated by the government of the Count of Toreno that approved the Royal Order of Ecclesiastical Exclaustration of 1835 (July 25) by which it suppressed all the convents in which there not were at least twelve professed religious. And under the government of Mendizábal it stated (October 11) that only subsist eight monasterys throughout Spain. Finally, on March 8, 1836, appeared a new decree that suppressed all the convents of religious (with some exceptions, such as Piarists and Hospitallers), and a year later it issued another more (29 July, 1837) that did the same with the female convents (except for the Sisters of Charity).

So recounted A. Fernández de los Ríos twenty years after the exclaustration that ran in Madrid Salustiano de Olózaga[29]

The operation was extremely easy: most of the friars were provided with secular clothes, and few requested company to leave the convents, of whom left with the alacrity of who early had prepared and organized the move. At eleven o'clock, all the mayors had been part of having fulfilled the first end its mission, the vacating the convents: Don Manuel Cantero, who held the office of mayor, was the only one who nothing it knew. Olózaga wrote these lines: "Everyone already have been part of have dispatched except you.". Cantero replied: "The others only had to dress them; I have to shave them. Cantero was right: in his district there were one hundred and many Capuchins of the Patience.

Julio Caro Baroja has drawn attention to the figure of the old exclaustrated priest because, unlike the young man who worked where he could or joined the Carlist ranks -or that of the milicias nacionales-, they lived "enduring their misery, emaciated, (deleted the word "enlevitado" cuz has no meanings in my translator), teaching Latin in the schools, or doing other underpaid odd jobs"[30]

Thus, as noted by Caro Baroja, in addition to the economic, the suppression of the religious orders, had a "huge impact on the social history of Spain". Caro Baroja quotes to the liberal progressist Fermín Caballero who in 1837, shortly after the secularization, wrote: [31]

The total extinction of the religious orders is the most gigantic step have taken Spain in the present time; It is the real act of reform and revolution. To the current generation surprising does not find by some the chapels and habits that saw from childhood, of such various forms and shades were multiplied the names of benitos, gerónimos, mostenses, basilios, franciscos, capuchinos, gilitos, etc., but our successors will not admire least the transformation, when traditionally only by the books know what were the monks and how they ended, and when to learn about their costumes have to go to the pictures or the museums! So yes that will offer novelty and interest in the tables The devil preacher, The force of the fate and other dramatic compositions in that mediate friars!"

Where it can also appreciate the social consequences of the confiscation it was in changing the appearance of the cities, which was "laificado" (secularized) the term used by Julio Caro Baroja-. Madrid, for example, thanks to Salustiano de Olózaga governor of the capital that sent down 17 convents (in Madrid), ceased to be "drowned out by a string of convents".[32]

Economic

  • Sanitation of public finances, that admitted more than 14,000 billion reales from auctions.
  • There was an increase in the cultivated area and agricultural productivity; Also it improved and specialized the crops through new investment by owners. In Andalusia, for example, it extended considerably the olive and the vine. All this however influenced negatively in the increase in deforestation.[33]
  • Most of the people suffered an economic downturn that negatively affected the subsistence economy, because the communal lands which were used primarily for grazing passed into private hands.[34]

Cultural

The Museo de Bellas Artes of Seville saves a huge collection of religious art from the convents and monasteries of Seville who suffered confiscations. The museum building itself was a Convent of the Merced Calzada

Many paintings and books of monasteries (including some romanesque) were sold at low prices and eventually transfered to other countries, although most of the books were to swell the funds of public libraries or universities. Many also went to transfering to private hands that regardless notion of the actual value thereof, were lost forever. It were left abandoned numerous buildings of artistic interest, such as churches and monasteries, with the subsequent ruin of them, but others instead turned into public buildings and were preserved for museums or other institutions.[34]

Political and ideological

One goal of the confiscation was to allow the consolidation of the liberal regime and those who buy lands formed a new class of small and medium landowners supporters of the regime. But this goal was not achieved, by acquiring most of the confiscated lands, particularly in southern Spain, by large landowners, as already discussed.[35]

The half of the lands that sold had been part of the community, the common land to the peasants and rural people. Rural areas today still account for 90 % of the territory of Spain [36] The communal lands completed the precarious economy of the peasants and which supposed the collecting of fruits or grass and were held and managed by the community.

Its confiscation meant the destruction of life systems and centennial popular self-management organizations.[37][38]

Ecological

From the point of view of the environment, the confiscation supposed the move to private hands of millions of hectares of forests, which ended up being cleared and plowed, causing immense damage to the Spanish natural heritage, which is still perceptible. Indeed, the cost of reforestation, ongoing since seventy years ago, far exceeds what was then obtained with the sales.

The confiscations of the 19th century were probably the biggest environmental disaster suffered by the Iberian Peninsula during the last centuries, particularly the "confiscation of Madoz". In this confiscation, huge extensions of publicly owned forests were privatized. The oligarchs who then bought the lands, for the most part, paid the lands by with making charcoal the Mediterranean forest acquired. Thus they fleeced all the resources of these mountains immediately after acquire them, and much of the Iberian deforestation originated at that time. Causing the extinction of numerous plant and animal species in these regions.[39]

Other

In the urban aspect, the confiscation of the convents contributed to the modernization of the cities. It went from the convent city, with so many religious buildings, to the bourgeois city, with buildings of more height, extensions and new public spaces.

The former convents became public buildings: museums, hospitals, offices, barracks; others were demolished to extensions, new streets, squares, and even multi-storey car parks, and some became in parishes or after auctions passed into private hands.[40]

A large amounts of destroyed old landmarks including walls were demolished during and/or consequense of the liberal political and measures of these confiscations, former buildings mainly from Castile and Madrid. there are a incomplete list:

Notes

  1. ^ For example, in Mexico the Law of confiscation of the rural and urban properties of the civil and religious corporations of Mexico, nicknamed the Lerdo Law, was issued on 25 June 1856 by President Ignacio Comonfort. [1] 500 years of Mexico in documents: Lerdo Law. Law of confiscation of properties of the church and corporations

References

Footnotes

  1. ^ "The Romanesque apse that traveled from Castile to New York" El Diario Vasco
  2. ^ "Castle of Vélez-Blanco. History of a theft." historia-y-arte.com
  3. ^ Francisco Tomás y Valiente (1972). El Marco Politico de la Desamortizacion en España. p. 44.
  4. ^ Tomás y Valiente (1972), p. 12-15.
  5. ^ Tomás y Valiente (1972), p. 15.
  6. ^ Tomás y Valiente (1972), p. 16-18.
  7. ^ Tomás y Valiente (1972), p. 20-23.
  8. ^ Tomás y Valiente (1972), p. 23-31.
  9. ^ Tomás y Valiente (1972), p. 31-32.
  10. ^ Tomás y Valiente (1972), p. 34-36.
  11. ^ Tomás y Valiente (1972), p. 36-37.
  12. ^ Tomás y Valiente (1972), p. 116-117.
  13. ^ a b c Escudero, José Antonio (1995). Curso de historia del derecho. Madrid.{{cite book}}: CS1 maint: location missing publisher (link)
  14. ^ Tomás y Valiente (1972), p. 46-47.
  15. ^ Tomás y Valiente (1972), p. 64.
  16. ^ a b c Tomás y Valiente, F.; Donézar, J; Rueda, G; Moro, J M (1985). "La desamortización". Cuadernos historia. 16 (8). ISBN 84-85229-76-2.
  17. ^ Tomás y Valiente (1972), p. 48-52.
  18. ^ Tomás y Valiente (1972), p. 52.
  19. ^ Tomás y Valiente (1972), p. 53-54.
  20. ^ Tomás y Valiente (1972), p. 55-61.
  21. ^ Tomás y Valiente (1972), p. 58.
  22. ^ Tomás y Valiente (1972), p. 66-67.
  23. ^ Tomás y Valiente (1972), p. 69.
  24. ^ Tomás y Valiente (1972), p. 67-68.
  25. ^ Tomás y Valiente (1972), p. 70-71.
  26. ^ Historias Siglo XX. "Evolución económica y social. El arranque del movimiento obrero (1833-1875)".
  27. ^ Cited in María Dolores Sáiz, Public opinion and Confiscation. The General Law of confiscation of Madoz of May 1, 1855, lecture on Confiscation and Public Treasury, Menéndez y Pelayo International University, Santander, 16 to 20 August 1982. See also Analysis of historical sources on the confiscation.
  28. ^ a b c Richard Herr: Contemporary Spain, Marcial Pons, Ediciones de Historia S.A., Madrid, 2004, ISBN 84-95379-75-9.
  29. ^ Julio Caro Baroja (1980). pp. 160–161. {{cite book}}: Missing or empty |title= (help)
  30. ^ Julio Caro Baroja (1980). p. 161. {{cite book}}: Missing or empty |title= (help)
  31. ^ Template:Quote Book
  32. ^ Julio Caro Baroja (2008). p. 160. {{cite book}}: Missing or empty |title= (help)
  33. ^ Francisco Tomás y Valiente: El proceso de desamortización de la tierra en España, Agricultura y sociedad, ISSN 0211-8394, Nº 7, 1978 , pags. 11-33
  34. ^ a b Francisco Martí Gilabert: La desamortización española, Ediciones Rialp S.A, 2003, ISBN 84-321-3450-3
  35. ^ Cite error: The named reference owners was invoked but never defined (see the help page).
  36. ^ Ministry of Environment and Rural and Marine Affairs. COAG. Publication of the UAP (12 February 2009). "Población y Sociedad Rural" (PDF).
  37. ^ Template:Publication cite
  38. ^ Margarita Serna Vallejo. Iura Vasconiae magazine, FEDHAV. "Essay on communal property" (PDF). {{cite web}}: Unknown parameter |fecha= ignored (|date= suggested) (help)
  39. ^ Instituto Saavedra Fajardo. www.murciaeduca.es. "Item 11: The double civil and ecclesiastical confiscation (Isabel II)" (PDF).
  40. ^ Instituto Saavedra Fajardo. www.murciaeduca.es. "Item 11: The double civil and ecclesiastical confiscation (Isabel II)" (PDF).

Bibliography

  • Francisco Tomás y Valiente (1972). El Marco Politico de la Desamortizacion en España.