In Europe, after the maritime conquests of the Vikings (Normans, Varangians, etc.) in the 11th century (Vinland was founded around 1000 in Newfoundland), it took another 400 years for Europeans to set foot on another continent by open sea.
At the beginning of the 15th century, a Norman Jean de Bethencourt, with the financial support of Castile, conquered the Canary Islands with the exception of La Palma and Tenerife, and was made king of the islands by his vassal Henry III in 1404. In 1406 he returned to Normandy and his successor ceded his "country" to the Portuguese. Castile was given sovereignty over the archipelago following papal intervention. The Portuguese naval conquest was essentially the first, in 1415, with the capture of Ceuta, while in the Atlantic they took Madeira in 1419, the Azores in 1427 and, from 1461 (but already discovered in 1456), Cape Verde.
The Spanish reconquest ended in 1492 with the conquest of Granada in Iberia, only to launch the Columbus project that same year, which changed everything that was known about the existing worlds.
The Kingdom of Castile constantly allowed expeditions, and the very effective use of both military-technical superiority and divide et impera, combined with the internal contradictions within the New World empires, which were emerging and escalating, and the discontent among the subjects, led to their collapse with unexpected rapidity and the establishment of an early Spanish hegemony. Towards the middle of his reign, Charles Habsburg was in control of a transcontinental space that had hitherto been unparalleled.
Empires are most often the result of conquests and can be seen[1] as a particular expression of the concentration of power. Colas points out that empires are also states, but in our case they are not yet nation-states and therefore do not denote a closed linguistic territory, but on the contrary: their primary feature is the permanent and continuous extension of political boundaries. This process of sine fine is a process in space and time, with the limitation that the empire - including Spain - is without borders, because it has no clearly defined and drawn external frontiers.
The Spaniards in Europe accepted and respected the idea of territorial sovereignty, while in other parts of their empire they denied it and even questioned its existence.
Every empire crystallises around a centre, an inner core. This can be ei-
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ther a geographical, ethnic or economic unit and within this integration effects operate. Within it, the state can exert influence and extend its power, thus achieving a certain functional integration, such as the Spanish military superstructure in the 16th century.
The technical basis of the Spanish (and Portuguese, and later the English) world empire was the modern shipping technology of the time. This was the secret of its success. The empire, Géza Komoróczy argues, is also a kind of characteristic form, a shape of success. Even Tacitus, however, argues that ever greater successes, i.e. conquests, lead(ed) to collapse. To this is applied the theory of the radius of action: how far military power extends. Since the external borders of the empire are malleable, the concept of empire and the military leadership expects renewed success based on the successes achieved so far, and therefore remains expansive. Enemies are (or can be) always necessary, of course, but in reality, as was the case with the Spanish, their empire was not overthrown by its opponents, it collapsed of its own accord in the first quarter of the 19th century.
Spanish expansionism embodied the idea of an ethnically diverse empire as a political unit, which brings Colás to the second important element in his concept of empire: hierarchy. An empire is a set of territories with different legal statuses, i.e. the mother country has additional rights over its colonies. Think about it: homogenisation, which would be a feature of nation states, would eliminate legal differences, something that both the Spanish and the Portuguese were already very wary[2] of.
The third characteristic of the empire is order, its maintenance and safeguarding, thus justifying and underpinning its territorial expansion. This process is self-justifying and is accompanied by a strong sense of mission (to carry out a mission, to bring civilisation to societies considered savage and barbaric, thus 'making them happy'). The empire is the guarantor of peace, the bastion of Christianity, the protector of the subjugated peoples, which lifts them out of their backwardness and helps them to a higher way of[3] being.
Elliot[4] points out the peculiarity of Spanish colonialism - which can be extended to the Portuguese - that Castile forbade the introduction of Moors, Jews, heretics (Protestants) into its colonies, so that they became Catholic, except for the natural religions that remained among the Indians. The syncretism of the negro slaves had a colouring effect on the consolidation of colonial Catholicism.
The Spanish conquests were directed towards the larger islands of the Caribbean (e.g. Hispaniola, Cuba, Jamaica), and this was facilitated by the Casa de Contratacion (with Portuguese predecessor), founded in 1503 in Seville,
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which drew up plans for the western routes and was also given economic, judicial and scientific powers.
During the first decade of the 1500s, exploration and invasion of these territories continued with varying intensity. The deaths of Isabella of Castile in 1504 and Philip I in 1506, and Ferdinand Il's campaign in Italy, slowed down the potential for exploiting the Indies. This became the new institution of colonial justice and administration. Harsh and cruel Indian persecutions provoked indigenous resistance. Within two decades, the Dual Kingdom had become a great power.
The first Spanish (Castilian) settlers, conquistadors, missionary priests and colonial officials received repartimiento (land and Indian labour) in accordance with the customs of the rest of the world and worked the indigenous population on a temporary basis for a posthumous payment (demora system). In 1509, Castile introduced the encomienda system in order to make more conscious use of its colonies. The encomienda was a specifically Castilian feudal institution, a form of personal dependency exercised by the encomandero. In the American colonies it was known as encomienda indiana. Here it refers to a servient estate that grants the encomandero the use of a particular piece of land for the purpose of acquiring a share of the land with the natives who live on it. In the Antilles, its most important feature was the exercise of the right to work.
This marked the beginning of the establishment of a [5]feudal economic society in America. The Castilian military and clerical "castes" brought their crusading ideology, their Christian missionary spirit, their warlike cruelty and their greed for plunder to the New World, with all its negative consequences. The archaic society of the Caribbean archipelago fell victim to the conquering mentality.
To compensate for the heavy blood loss of the indigenous population, the importation and forced labour of black slaves began. The first phase of colonialism - the Caribbean - foreshadowed the failure of violent methods because the destruction of the labour force was too rapid.
In 1512, King Ferdinand II of Aragon and the Regent of Castile convened the Junta of Burgos, a deliberative body, in Burgos and on 27 December 1512 promulgated the Thirty-Five Laws (leyes de Burgos), originally only for the island of Hispaniola, but later extended to Puerto Rico and Jamaica.
The laws were aimed at the indigenous Caribbean Indians, but also affected the Spanish settlers here.
Juan López de Palacios Rubios (doctor of law and royal councillor) was involved in the preparation of the laws, and summarised his views in his treatise De las Islas del Mar Oceáno, 15121514. He composed the requerimiento (exhortation, demand, appeal), in which he does not deny the Indians' humanity, but highlights their difference from the Christian Spaniards.
The Burgos laws formally protected the natural yogas of the Indians, along the lines of the Castilian ius commune, but also legalised institutions that bore the hallmarks of Spanish feudalism and
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gave state protection to Catholic beliefs and morals.
Here are a few interesting protected legal objects: the encomienda system and the placement of Indians in encomiendas, where they are given forty days of rest per year after five months of work, to be used for religious studies.
Indians are forbidden to practice bigamy. Pregnant women are not allowed to work in mines, and stay on the property to do domestic work (e.g. cooking, weeding).
The law prohibited verbal or physical abuse of Indians. The 1512 laws were amended[6] on 28 July 1513 (e.g. a married Indian woman was free to leave because by then they had become civilised Christians and could control themselves).
Laws in the colonies could not - and hardly wanted to - be enforced by the authorities.
The "New Laws" of 1542 ("Leyes Nuevas" 1542) redefined the relations between the conquerors and the conquered peoples.
Of course, reality often overrides well-intentioned legislation, especially when the victorious conquistadors and encomenderos saw their prerogatives threatened by the new laws in the wake of the struggle for Peru.
The encomienda, slavery and atrocities prompted Charles I to build in guarantees to protect the natural rights of the Indians and to reform the colonial administration.
In an unexpected turn of events, the settlers revolted after the new laws were introduced, the viceroy was killed and a punitive expeditionary force was able to quell the riot, but the new laws were first suspended by the king, and then, after revision, a much watered-down version was introduced in 1552.
The rapid fall of the Aztec and Inca empires, and the "pacification" of the Caribbean, made it necessary to "fine-tune" the colonial administration that had been in place until then. This was done under Philip II, who sent Martin Enriquez to New Spain (Mexico) and Francisco de Toledo[7] to Peru as Viceroy (Virrey). As the king's personal representatives, the viceroy was very powerful, with a mandate of three to five years.
The Council of the Indies, established in 1524, was the supreme body for colonial administration, military affairs and justice, with direct access to the monarch for personal proposals and the power to act in ecclesiastical matters by virtue of its piety. It consisted of a president and eight permanent members. The right to make proposals was subject to a two-thirds majority.
The sub-kingdoms were divided[8] into large and small provinces as organisational units because of their large territorial extent. The most important institution in the Indies was the Audiencia[9]. The towns played an important role, and their administration - and that of their surroundings - was carried out by the cabildo (council house), headed by the alcalde mayor (in Mexico) or the corregidor (in Peru). Most of the abusive practices took place at this level. The judges (regidors) held this office as an honorary appointment, but after the bankruptcy of the state, Philip
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II decided to sell off the colonial chiefs, which also led to serious abuses.
The settlements inhabited by Indians could belong to the cabildos or encomiendas, or even to the monastic mission settlements[10].
The violent dissemination of the Christian faith and religion, as well as the means of Spanish cultural assimilation in the conquered territories, were complemented and made particularly cruel for the indigenous population by military and economic violence (encomienda, mita, taxes: the ration; sisa, alcabala, almoja rifazgo, regalia such as quinto, licencias, sientoses, estanco, etc.). From the Spanish point of view, the construction and maintenance of the army, the navy and the long naval fortifications consumed considerable sums of money, and the colonial state apparatus therefore received special attention from the Crown.
From the beginning, the conquistadors were obliged to maintain internal order - e.g. by organising guards and detachments - in the conquered territories. The cabildos also contributed to their expenses, but ultimately the viceroy covered the costs of operations through the so-called situado, the treasury subsidy.
The army was made up of Iberian and Creole (mainland and New World) whites, but Indians and even Negroes could be recruited as auxiliaries if necessary. Until the middle of the 18th century, until the Seven Years' War (1756-1763), there were hardly any regular Spanish armies, and we therefore believe that Adam Anderle's view that "military violence was not the main factor in the stability of power in colonial America in the period 1550-1750" is correct.[11]
In 1680, the Recopilacion de leyes de los Reynos de las Indias[12] was compiled, which brought together the laws of the Indies in nine books, including any other sources of law and their scope.
The geographical scope of the legislation was the "West and East Indies", i.e. Central and South America and the Philippines.
The Recopilacion was published in print in 1681 and became a kind of "second Bible" in the empire. From a political, economic and legal point of view, it can be seen that: 'The Spanish court has always been motivated by a well-perceived interest in trying to mitigate abuses against the Indians in some way. In general, the interests of state exploitation clashed with those of landlord exploitation in the same way as in Europe. The Indian was an important taxpayer and labour force that had to be protected in order to survive. In particular, the great demographic catastrophe caused by colonisation and epidemics made state intervention in the relations of the Indians imperative. The indigenous laws of Charles V, which Las Casas suggested, did not resolve the issue, just as the subsequent laws remained on paper. This also applies to the works of the eminent jurist Juan Solórzano Pereira, Oidor of the Audiencia of Lima, and the codification of 1680, the Recopilación, which was based on them and which has already been discussed. Those who emphasise the 'humanist motives' contained in it
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are forced to admit that 'its role was limited to theory'. Undoubtedly, the formal aspects of Spanish colonial legislation and legal life can be extremely instructive, but behind the juridical constructs there is a harsh reality that runs counter to them.
The large organisational frameworks and territorial units, which the Spanish state was less and less able to encompass, were doomed to disintegration, gradually divided and gave rise to the republican era. First of all, the giant sub-kingdoms gave way to smaller units, with the creation of the sub-kingdom of New Granada in the 18th century and later the sub-kingdom of Rio de la Plata (Buenos Aires). This and other administrative reforms now signaled a crisis."[13]
Visits (visitas) were the most important link in the chain of control of the administration and the judiciary. The Council of India, the Audiencia, could control the hierarchical system of institutions, down to the eneomienda.
The first large-scale visitation was conducted by don Hernando de Santillán, the oidor (judge) of the Audiencia of Lima, in Chile in 1558, which resulted in the introduction of a new tax scale.
As is well known, the conquest and colonisation of the Americas by the Spanish cannot be understood without the practice of eneomienda. Introduced in the Antilles at the end of the 15th century, it was legislated by Isabella of Castile in 1503 and the obligation to serve in the personal service was abolished in 1542. The encomienda, as a framework of the ogi, took different forms according to local realities - the needs and wishes of the colonists (encomanderos) - and Santillan wanted to change this by taking measures to reduce both the number of Indians subject to the mite and the amount of tax that the dwindling indigenous population had to pay to the state, but which the encomandero was entitled to collect. The measure could also be seen as a kind of reconciliation policy to prevent and cushion the impact of the series of Indian uprisings and the internecine fighting between the Spaniards.
Our second case study also concerns the Viceroyalty of Peru, but it relates to the effects and consequences of the reforms of Charles III (1759-1788). Control procedures existed routinely and all office holders from the viceroy down to the lowest level were held accountable (juicio de residencia) when their tenure ended. The presiding judge would investigate written complaints from citizens and deliver a verdict, which was most often confirmed by the Andiencia or the Council of the Indies. In Amerindia, the Viceroy and the Audencia were considered the alter-egos of the ruler, and the Oidors (judges) embodied impartial justice. By the 1770s, however, smuggling, corruption and usurpation of the law had eroded the authority of the administration, especially the Audencia. The reforms of Charles III, with the sale of offices for money (until 1751), led to a loosening of control, and a more vigorous approach was needed.
In 1776, José de Galvez became head of the Viceroyalty and created a new magistrate, increasing the number of judges in each Audiencia. He also in-
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creased the salaries of the judges to reduce their corruptibility. This extremely costly measure proved to be essentially ineffective. The system introduced by Galvez, however coherent, did not survive the death of its author in 1787. The spirit of reform died out with the death of Charles III the following year. The Spanish American colonies soon began to look more to Paris than to Madrid.
When Pedro Álvares Cabral sailed from Lisbon on 9 March 1500 as the great captain of the second Portuguese Indian fleet and reached the Brazilian coast on 22 April 1500 to take possession of it for his sovereign, it was not yet possible to foresee that Portuguese Brazil, the colony with a great future ahead of it, would emerge from this act of discovery.
Initially, the Portuguese paid little attention to Brazil, only changing their objectives following the rapid disintegration of the Aztec and then Inca empires and changes in the Asian region. The Portuguese were racing against time, as their main rivals the Spanish and Ottoman Turks had already established a world empire (Weltreich; Wordsempire). With rivals emerging in the Indies (Spanish, Dutch, English) and the Muslims weakened but not defeated, Portuguese interest began to turn to the south Atlantic (D America; Central and DNY Africa).
Their toolbox is modified: the colonisation process begins, with Brazil and Angola as the main target countries of the settler movement; the slave trade continues, with Brazil as the main actor and the implementation of the so-called cycle-changing monoculture; the triangulum trade and its mediation are maintained; the colonial paternalistic administration and the inquisition are established. These changes give rise to what would later be known as luzotropicalism (hybridity).
Brazil became more attractive to the Portuguese royal court, the nobility and the wealthy merchant-entrepreneur class. From then on, for nearly three centuries, Portugal determined the development of colonial Brazil, its institutional structure, language, culture and religion, which we will try to nuance from other points of view.
Portuguese as well as Spanish thought and legal culture were permeated by the complexity of the European medieval understanding of the human body as an organic whole. Based on the anatomical metaphor of man, each part of the body has a specific biological role and function that distinguishes it from the others and makes it unique. But because of the integrity of the body, they live and exist only in their unity. The parts of the body are not equal to each other, because the head, or king, is more important than the others, but they can only be understood in relation to and in reference to each other. The political consequence of this is that the head, the ruler, cannot subordinate everything to his own authority, because each member has its own importance.
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The right way is to have a division of tasks between the head and the members of the body, with the head having 'sovereignty'.
This mentality approach functioned in reality as the crown's main primus inter pares asserted its supremacy through the legal system of the state, leaving the rest of the body with its autonomies, i.e. society as a whole, but the monopoly of legitimate coercion required a permanent consensus, serving at the same time to separate public and private interests, state and society.
The function of the state, i.e. the monarchy, is to represent and maintain the unity and harmony of all its members, guaranteeing each its own status. It achieves this through the administration of justice and good government by the concept of justice, understood as giving to each what is his due.
In reality, it is a bureaucratic process, enforced through institutional structures, but it has allowed remote spaces to be maintained both in the kingdom and overseas.
The whole political-administrative organisation became the main feature of the ius commune, which was the result of the unification of canon law, Roman law and customary law. Not only was there a unification of the various sources of law, but there was also a move towards a transformation of legal culture, including legal consciousness. The culmination of this process of legal unification was the 1603 enactment of the decrees of King Philip III of Spain and Portugal ('Philippine decrees'), which extended to the Portuguese Empire, including Brazil.
Local government units - city councils and chambers - were a feature adopted from Portugal, and occupied a fundamental place in Brazil's political and judicial organisation[14].
The city councils have expressed the city's prominent role as a form of settlement within Brazil. Cities were considered as nodes[15] (nodal points), independent units of local social organisation, intermediaries of higher state activities, administrative/economic-commercial centres, spaces of cultural exchange, etc.
Given the vast distances, the cities' uniform organisational models ensured the identity of the basic institutions.
The administrative collection system for taxes and other financial contributions necessary for the existence of the system was operated by the chambers. In addition to their judicial and executive functions, they oversaw the management of local government -leasing communal land, issuing building permits, controlling the quality of goods on the market, maintaining public utilities, maintaining local institutions (e.g. prisons), law enforcement, public health, etc.
Depending on the size of the town, the chamber could consist of 5-9 people (2-6 councillors, 2 ordinary judges and 1 chief prosecutor). Judges were lay judges. It acted as an authority of first instance.
Brazil's colonial history can be divided into two periods when the mother country had less influence on the life of its American province. The first was its union with the Spanish Empire be-
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tween[16] 1580 and 1640, and the second was its occupation and influence by the Dutch between 1630 and 1654, partly in parallel with the former.
The existence of the Iberian Union between 1580 and 1640 had an impact on the functioning of the Portuguese overseas empire, including Brazil. The key to the situation was in the hands of the older branch of the Habsburg dynasty, the Spaniards, but they were always mindful of the interests of the younger branch, the Austrians, based on the principle of family unity.
At the time of the Crown Union, which began with Philip II, the decisive and determined Spanish monarch signed the Carta Patente and Cortes de Tomar, documents that confirmed the privileges of the Portuguese and the independence of the two kingdoms, in this case Castile and Portugal, but in reality the reins were in the hands of Madrid and not Lisbon. Philip II was conscious of the need to achieve the Iberian Union, and his colonial policy favoured the aforementioned interests of a single monarchy.
From the first half of the 17th century, the threat from the English, French and Dutch intensified in the Atlantic. These threatened both the Portuguese and Spanish colonial territories. The solution was obvious: military cooperation between the Luzo-Castilian states and the creation of[17] a joint force. The better use of resources also pointed in this direction.
Madrid had to rank all the colonial territories it controlled.
When the Dutch invaded Bahia in 1624, they sent a Spanish overweight combined fleet and this "association of arms" was used as a "model reference" by Count-Duke Olvares.
From the Spanish point of view, Bahia was defending its own colonial territories in Castile, while the Dutch were seen as a threat to the Mar del Plata, which included Buenos Aires, and even to Peru.
The protection of Portuguese territory - Bahia is a key region in Brazil's capital - was seen as essential to protect Spanish interests.
The involvement of the Spanish in Europe's real World War I, the Thirty Years' War (1618-48), was a major factor in the priority of Habsburg family interests, which led Portuguese political-economic interest groups to seek a new monarchy, who considered the pursuit of their own national goals more important than the pursuit of dynastic transnational interests.
After 1640, Brazil was returned to the pluricontinental Portuguese Empire, with the exception of a Dutch detour.
The decentralisation of tax collection and the exercise of military power (the role of the chambers in taxation) was intensified in Brazil, and stood out for its moderation in comparison with the solutions adopted in the mainland under Pombal.
In Brazil, the basis for consensual political-economic practice was customary law, which legitimised and reinforced local practice.
The local forces were based on a consensual balance of power, which also influenced hierarchies within society and the socio-cultural environment.
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The economy is rooted in the social structure, which is institutionalised. The sturcture that emerges creates the normal economy horizontally, with parallel local rights. Local power is the mediation of the normal economy and local law, the colonial reality itself.
The patriarchal functioning of the economy is regulated by the market. The production of large plantations for the world market did not entail a substantial change in customary relations, its plasticity ensured its survival.
The complexity of the colonial reality prevailed in a heterogeneous and kaleidoscopic social stratification.
The world of science has come a long way from the elaboration of Marx's theory of formation, through Waller-stein's modern world economic theory, to Gruzinski's theoretical insights into early Iberian globalisation, further developed by Bonialian, Hausberger or Mola. The well-defined geographical beginnings of Iberian/early globalisation are shown by four maritime voyages on a historical scale: starting with Columbus' arrival on 12 October 1492, continuing with Vasco da Gama's arrival in the Indies (1498. Vasco Nunez de Balboa's sighting and discovery of the Pacific (the Southern Ocean, 25/27 September 1513), and Fernando de Magellanes' expedition, but he did not survive, so it is more appropriate to attribute the success of his circumnavigation of the globe to Juan Sebastián Elcano (6 September 1522).
Thirty years were needed to fight these battles, so that the knowledge inherited from antiquity could help the European region to adapt to a completely new set of conditions.
When the Manila galleon set sail from Acapulco in 1571, and the first Manila sea shipment of Asian goods returned in 1573, it was hardly imagined that Spanish-American silver would be the catalyst for Chinese silk, textiles and porcelain as a counterpart, linking three continents in this long-term trade transaction. And that was just the beginning. Acapulco can be considered the first Hispanic-American city where a multicultural mix of indigenous Indians, conquering Spaniards, enslaved blacks and migrating Asians literally diversified the population.
Consider this early Iberian globalisation, which between 1580 and 1750 made the Pacific coast of Mexico -through Acapulco to Mexico City - a priority, joined by two other "axes": Mexico City - Veracruz, which served as a de facto centre for trade in goods, from which the fleet sailed to Seville and then to Cadiz, and the port of Callao - Lima, from which some of the silver from Potosi was shipped (the rest by land via the port of Portobello).
Following the territorial expansions triggered by the geographical discoveries, the Iberian powers began to exploit the conquered lands as fully as possible, with all the personal and material consequences that entailed. The repartimiento-encomienda system, based on
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Castilian principles, and slave labour in Brazilian territories with few indigenous inhabitants.
Because of European-style diseases and the difficulty of labour intensity on the one hand, and the anomalies of a slave labour force that was highly dependent on supplies on the other, the Spanish faced problems such as population decline, organised resistance, disobedience and escapes (cimarrons) already in the early plantations of the Caribbean Tierra Firma, the luzofones.
Bernd Hausberger[18] points out, also in connection with the above, that Columbus had originally intended to cross the ocean to the West and reach the real India/China directly, and to monopolize the very lucrative import of Asian products to Europe on the basis of the donations he received, only to be thwarted by the reality of the New World, which he thought was Indian. At that time, the Spaniards who had settled in Tierra Firma could not, because it was impossible for them to get rich from the European resale of the American products found there, and vice versa, because it was impossible to sell Eurasian products in America without a solvent demand, but the latter was not yet known.
Together with Hausberger, we believe that this may have contributed to the psychological shift to the so-called referral mechanism. They did not renounce enrichment and with it social advancement, but they sought to achieve this by increasing violence and looting. The accumulated prehispanic economy and the Taino population in the Caribbean disappeared too soon, so they had to find another 'source of profit'.
The Spaniards were not interested in fancy feathers, stones (jade, turquoise - except for real pearls), they wanted quality silk, fabrics, spices, glass and porcelain and they wanted to settle down in Iberian cultural customs, especially Christian culture (churches, statues, crucifixes, etc.). The arrival of the Spaniards increased the demand for imported products, which required a supply base or a source of finance. We know that the mining activity here did not last long and the quantity left something to be desired.
After this, the process of naturalisation of the main products and technologies of European agriculture certainly accelerated, with reciprocity, especially in the field of crop production. A new situation was created when, after their military successes and their policies of siding with the native tribes against the Aztecs and then the Incas, they were able to pursue their earlier ideas on a much larger scale, and even more so when the silver treasure of the Cerro Rico (Rich Mountain) became available to them in 1545 in Potosi. In 1546, a silver mine was opened in Zacatecas, New Spain. The boom in silver production was the product that served both the Manila galleon and the Veracruz-Seville axis - and with it the silver fleet.
While Madrid tried to regulate its two sub-kingdoms with all kinds of monopolies, taxes and other decrees, the structure of the Spanish monarchy also meant that autonomy played an important role, which was maintained
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until the Bourbon reforms of the 18th century!
As the Manila galleon alone remained the official trade route from 1593 by royal decree, smuggling by its very nature came to the fore and intensified. Mexico City's leading role and the economic interests of Lima were a factor in the development of both formal and illicit transpacific economic relations.
Manila established a direct relationship with Canton, and Spanish-American silver was the driving force behind the boom in trade between them. The Manila galleon was effectively importing Chinese goods, which were handled, stored and marketed by the centrally located Mexico City, in many cases from Veracruz to Seville, making the trade transoceanic.
It follows that whether to Europe or Asia, the American viceroyalties exported the vast majority of their silver from Peru and New Spain, leaving little room for other commodities[19].
In the period up to 1750, this early globalisation operated within a poly-centric framework, with each centre having its own 'circuit' (circuito) and identifiable with precise colonial meeting points. In the upper Pacific (non-colonial), Canton, Manila, Acapulco and Callao; in the Atlantic, Veracruz, Portobello, Seville/Cadiz and Buenos Aires, which was mainly a centre for smuggling illegal silver.
A special mention should be made of the silver bullion that officially arrives in Seville/Cadiz. According to Gunder Frank, half of this again went to India and China, or via the Baltic route, through Russian territory or the traditional Levantine trade channel or Portuguese mediation across the Cape of Good Hope to the Far East.
But most of the silver left America behind through private trade.
Iberia was awash in silver and it has already been established that Spain was the mouth and north-west Europe the stomach for the original capital accumulation. England and the Dutch traded not only through formal channels, including slave trade in the Caribbean, but also through an extensive network of smugglers, both with the peninsula and with Spain and America. American silver allowed the Spanish (and the Portuguese who contributed) to cover the financial liquidity needed for this by the amount of silver America provided throughout Europe and other markets.
America provided an important financial base for the maintenance of the Spanish Empire and enabled early globalisation to operate and function.
Bonialian writes of an archaic bipolar or multipolar globalisation in the context of the Manila galleon for the period 1580-1815. He further analyses this by current or scope, concluding that there were internal phase boundaries within the longe duree. The Spanish-American relations in China were conducted along two axes: the first and already described Manila galleon with its scope extended from the Philippines to New Spain, with Canton at one end and Peru-Callao at the other.
The other axis began to develop in the 18th century and ran from the Horn Cape (Strait of Magellan) through Bue-
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nos Aires as a mediation point to Seville, Códiz (and, because of the Bourbo family alliance, to the French ports.)
Chinese silk could be transported to Europe in two ways: by the traditional Eurasian overland silk route and by waterway via the Manila galleon to Acapulco, from there by transhipment to Veracruz, and from there by ship to the ports of Seville (Cádiz). The route from Callao to Buenos Aires (via Potosi) was also known in terms of the direction of the flow of goods.
Bonialian attributes China's huge demand for silver to the Ming dynasty's financial measures, which forced Chinese taxpayers (farmers, artisans, merchants) to pay their taxes in silver. Thus, thanks to Peruvian and then Mexican silver, the Spaniards found the commodity base (along with sweet potatoes, corn, etc., which also boosted Chinese popular food production) that allowed them to obtain the Chinese (and, in the reverse, Indian) articles they wanted (porcelain, silk, cotton, spices, etc.). And the Chinese can rightly be called the 'vacuum cleaners' of Pacific silver (Bonialian).
As mentioned above, smuggling and unauthorised trade proved to be a bigger driving force than the officially authorised annual quota in the early globalisation of trade in the region. Little mention has been made of the consequences associated with the use of silver as currency - a common equivalent. Early globalisation established the above-mentioned transatlantic and Pacific trade flows with silver commodity charters and a kind of silver-based world money alongside bank bill of exchange issues (claims in the form of a deed of payment). The huge quantities of silver bullion appearing as commodities on the commodity exchanges, which were also developing, created inflation, further fuelled by the Spanish budget, which was almost always short of money, followed by borrowing.
The financial centres of early globalisation became the cities of southern Germany and Flanders, Genoa and Venice, while the Spanish crown steadily lost its former importance and influence.
The early Spanish globalisation that was unfolding also unfolded within an imperial framework. The dynamism of the conquests made possible, and then increasingly necessary, the development of a new type of 'doctrine', which Mauricio Onetto Pavez calls[20] American geopolitics, based, he argues, on the role of the Strait of Magellan as a 'world gateway'.
At the beginning of geographic exploration and conquest, the official worldview is static, only to be replaced thirty years later by dynamic and global signifiers, overriding centuries-old fixities.
For the Spanish Monarchy, the organisation of the New Spanish and
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then Peruvian viceroyalties meant not only the actual occupation of territory, but also the exploitation of these territories and the establishment of specific Castilian production structures. Since Balboa's exploration of the Pacific Ocean in 1513, the search for 'spaces of passage' has been a renewed preoccupation of sailors.
New Spain was not only historically ahead of Peru, but also in economic importance, which was not changed by the increased role of Potosi (although the money was always good and timely and yet always seemed to be little compared to the expenses...).
With the discovery of the Magellanic Gorge, the silhouette of a global transmission platform, a turntable, a world gateway, emerged from the thick fog and mist over the sea. And all this was already observed and described by Andrés de Urdaneta in the mid-16th century - in 1554.
For a long time, because of the natural conditions, this southern region was seen as a geopolitical and commercial reference point, a potential that would have required the construction of settlements, forts, ports, infrastructure.
Along with Urdaneta, Pedro de Valdivia was also concerned - in the context of Chile - with the idea of close control and a permanent presence. And of course the Fuggers were not left out[21].
Pedro de Valdivia wrote a letter to both his monarch and the Crown Prince Philip II, explaining his ideas for the Magellanic Gateway. According to him, there are three arguments in favour of close control:
- here is the key to the empire, the pillar of defence
- monitoring world trade, shipping, making passage subject to authorisation or realising transit revenue
- a speculative hypothesis is that the discovery of the missing terra incognitae (australis) will be possible from here.
For Valdivia, the Strait meant the "end of the world" in military terms, a frontier - in the limes sense of the word - beyond which there was no meaningful opponent except the forces of nature.
With competing English, French and Dutch ships coming to life and growing in strength, the Spanish crown became interested in keeping the passage of the Straits out of sight until its military defences were substantially strengthened, treating it as a potential space and preferring the traditional routes. This was clearly due to technical and technological problems with navigation at the time, depending on the climatic and natural geographic conditions in the Strait.
The strait was transferred to the Kingdom of Chile, at Valdivia's request, and settlement and encomiendas were established, but actual support from both the mainland and the sub-kingdom remained contingent.
Less is said about the indigenous people of this harsh region. Not very many tribes inhabited this barren landscape, but they were not substantively different from other savage and war-
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like peoples, i.e. they had anthropophagous characteristics (cannibalism).
The globetrotter came back into the limelight when in 1578 Francis Drake not only entered the Strait of Magellan, but also crossed it and raided the coasts of Chile and Peru, destroying the reputation of the ports as safe havens.
In 1580, Diego Robles was commissioned by Philip II to carry out a study on the military defence potential of the region. Essentially, he would have deployed land forces and a navy in the main ports (Panama City, Callao and the Strait), but Philip II decided in 1581 to defend the passage with military means. The decision proved to be a long-term one.
The aristocratic co-government is the most appropriate form of expression for the first two-thirds of the 17th century. It should be seen as a dominant Spanish Habsburg complex court government, where three well-organised groups, the nobility, the legal profession and the secretaries, formed the personal side: 'The relationship between the sword, the toga and the pen was determined by the balance between the palace members. The jurists formed the axis of activity of the special (consejo especifico) and territorial councils (consejos territoriales), which constituted the channels of government of the kingdom. The secretaries were appointed by royal kegys, and among them people of often humble origins rose to the pinnacles of power. The role of the secretaries and the extent of their influence at court generally indicated the degree of solidity of royal power vis-à-vis the corps.
...The sword, the toga and the pen were not isolated or consistently opposing elements at war with each other in everyday government. Law practitioners and members of the grand collegia were drawn primarily from the urban oligarchy and the middle classes.
...In the years of the decline of the egalitarian aristocracy, the role of the universal royal secretaria (secretaria del despacho universal) was consolidated. The secretariat played an intermediary role between government offices and councils. During the Regency, a system of power was established that strengthened the royal executive by giving prominence to the secretariats and the creation of the royal guard in 1669, while maintaining the influence of the councils in the monarchy's government. After the military invasion of Madrid - in January 1677, Philip IV's illegitimate son Don Juan José de Austria seized power until his death in 1679 - the disgruntled grandees forced the abolition of the royal guard. In the last two decades of the century, the Spanish grandees took control of the political government from the royal court. The aristocracy usurped the leadership of the majority of the councils, while at the same time increasing the number of consejaros de capa y esapada (noble councils) in the courts."[22]
In the first third of the 17th century, the Habsburg Empire, which also functioned as the Iberian Union, was concerned with its own global balance. The personal union with Portugal and its colonial empire lasted until 1640, and we have already written about this in point 2, but now we will specifically
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mention the geopolitical interests that were among the priorities of 'los Austrias'. Beyond its own imperial commitments, this applied to Europe in two ways. On the one hand, the legacies that followed directly from the abdication of Charles V to his successors, and on the other, being the Habsburg dynasty / los Austrias - a mayorazgo, the other branch, its interests were therefore as much a part of its politics as its own directly.
Zoltán Attila Liktor - following Tibor Monostori - sees that "while in the "Spanish" branch we cannot find a single monarch whose father, mother or consort was not a native Austrian archduke or archduchess, but in the "Austrian" branch there is no emperor - with the exception of Ferdinand II! - whose mother or wife was not a Spanish Infanta. In my view, therefore, the picture is much more nuanced than this Spanish-Austrian division: the Spanish connection and the decisive predominance of the Monarquía Católica had a fundamental influence on Viennese politics and [if we start from] the ground of practical political reality, 'Madrid' (by which I mean the Monarquía Católica leadership) clearly played a leading role throughout the period under discussion. In Vienna (by which I mean the leadership of the Habsburg Monarchy on the Danube) between 1521 and 1700, even though there was a lot of friction/conflict of interest, in many cases what was urged or ordered from Madrid was done. Four preliminary additions; the Peace of Wroclaw, concluded in 1538 between Szapolyai and the Habsburgs, was made under pressure from and in the interests of Emperor Charles, it is no coincidence that it was signed by Charles in Toledo. During the Fifteen Years' War (1591-1606), the Spanish envoy in Prague and the Spanish Jesuits played an undeniable role in the alliance between the Emperor and Transylvania, and it is no coincidence that the Spanish envoy Don Guillen de San Clemente signed the treaty, which is also included in the Corpus Juris. At the beginning of the 17th century, the accession of the 'Styrian branch' to the throne was 'confirmed' by the Onate agreement with 'Madrid' (1617), but the provisions adopted at the Diet of 1687-88, establishing the hereditary kingdom and the right of succession of the 'Spanish branch' to the throne, were also adopted under pressure from and in the interests of 'Madrid', and all these confirmed the clear superiority of the senior branch in relations between Madrid and Vienna.[23]
It is believed that changes in the political field always affected the Habsburgs' tactical-strategic thinking, because their influence and real opportunities could influence the course and outcome of events.
The Thirty Years' War (1618-48) is a good example of the intervention of the Spanish main branch alongside the Austrian branch, while the new Franco-Spanish War, which ended only in 1659, left open a number of problems that later became a source of dispute and became acute after the death of Charles II. It could be argued that the Spanish Monarchy could not afford not to intervene in any conflict it deemed important.
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As we move into the 18th century, another landmark is revealed: the extinction of the Spanish male head of the Habsburg dynasty.
The accession of the Bourbons to the throne in a climate of traditional French enmity brought to the fore legal considerations that helped to overcome this "acceptance gap".
"With the change of rulers in 1700, a new situation arose. The need for legitimacy linked to the succession to the vacant throne meant that it was necessary both to distance oneself from unpopular or harmful measures and to publicly praise the continuity of the crown. Philip V's ministers instructed the viceroy to present the succession as passing 'from father to son'. The succession had to appear to be a natural process, without any shadow of artifice, and therefore the new monarch's style of government had to incorporate elements of the old order to an appropriate extent, as they inspired confidence among the nobility and foreshadowed the principles of the new monarchy.
During the War of the Succession, Philip V's government underwent significant changes in key areas such as the political role of the Spanish grandees in the governance of the monarchy, the function of the councils and the structure of the royal court.
...On the basis of the secretaria del despacho universal (universal secretariat), which was so active under Charles II that it was split into two secretariats in 1703, five secretariats of state offices were created between 1714 and 1721: the secretariats of war, naval and American, state, justice and economy. During the reign of Philip V and for the rest of the century, the secretariats became the axis of government. The hidalgos and clerks recruited from among the middle classes displaced the aristocracy and the great families, which had held political power and royal prerogatives in the previous century. The marginalisation of the Spanish grandees in court government coincided with the decline of the system of councils, which had been the arena of power for lawyers in the 16th and 17th centuries.
...The growing importance of the state and bureaucratic secretariats meant that royal power was taking precedence over the monarchy's political bureaucracy."[24] sums up Álvarez-Ossorio.
But more and more than that, the Monarchy became part of the French political sphere of interest, a new important player in the federal system.
The treaties that ended the War of the Spanish Succession prohibited the unity of the French and Spanish thrones in the same way as the Habsburgs prohibited the unity of the German-Roman imperial crown and the Spanish throne.
The Bourbon-Habsburg parallel histories of 1700-1714 showed eerie similarities from the latter side:
"With the aim of highlighting the Habsburg continuity of the Spanish throne, the court government of Charles III in Barcelona followed the main features of the previous reign. The establishment of councils and chambers (juntas), the secretariats and the role of the grandees in the royal house reinforced the propagandistic effort to make the two Charlemens' operations
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similar. Although nominally the rule of Charles III was declared, in reality it was the imperial court of Joseph I that decided on the major issues.
...In 1711, as soon as Charles VI became emperor, he organised the government of the European provinces of the Spanish monarchy. The formation of the Spanish supreme council was modelled on the Italian council, the development of the secretariat by the Marquis of Rialp paralleled the development of the general secretariats under Charles II. The grandees and nobility who followed the Habsburg party were rewarded with high positions.
...The presence of prominent aristocrats, ministers and secretaries in the entourage of Archduke Charles allowed the continuity with the reign of Charles II to emerge in the court and in the government of the kingdoms."[25]
Charles III (1759-1788), the reformminded ruler of the 18th-century Spanish monarchy, supported the French Bourbons in both the Seven Years' War (1756-1763) and the American War of Independence (1781-1784).
Anti-British in geopolitics, he tried to dynamise and modernise his empire with his liberal trade policy of opening up Spanish-American ports.
In 1767, in the spirit of the Enlightenment, he banned the Jesuit order, which led to a sharp political conflict with the Roman Curia and the papacy, and was met with reluctance by the Spanish elite.
The most economically advanced and active groups of the Creole-Mestizo classes in New Spain argued, as the council of Mexico City did in a long petition, that New Spain was a reino, an independent kingdom, and therefore entitled to be ruled by the locals (Creoles, mestizos, natives, etc.), not the peninsularists. The connecting link is the person of the king.
An unforeseen consequence of the American War of Independence was the appearance of the phrase "la nación española" in the documents, years before the French Revolution. The reforms resulted in the ousting of the old elites from the cabildos and the creation of new local power groups.
New Spain was seen as the potential for the rise of a new empire that could take over the role of the Spanish monarchy and its geopolitical location was ideal.
The Spanish Empire entered the 19th century with a reformed and modernised administration. ■
NOTES
[1] Colas, Alejandro: Empire Cambridge, Polity Press, 2007. 233.pp.
[2] The history of the Roman Empire is a good example: in 212, Caracalla extended Roman citizenship to all free citizens of the empire. In doing so, he was able to secure a number of advantages: tax-free privileges were abolished (especially in Greek-inhabited areas); the new franchisees became taxpayers and soldiers (now an obligation) and also became officials.
[3] The theological-political debate between Sepulveda and Las Casas in Valladolid in 1550 was also about the legal basis for Spanish rule over the Indians, and its justifiability (the New World is claimed to be a gift of divine providence, and this is taken up by Anglican England and the Calvinist Dutch.)
[4] Elliot, J.H.: Empires of the Atlantic World: Britain and Spain in America 1492-1830. Yale University Press, New Haven-London, 2006, 546.pp.
[5] "The Spanish Crown sought to create a stable, static society, forced into castes based on skin colour. However, its centuries-long efforts failed, although it continued to monitor and control this rapid mixing through its decrees in the second half of the 18th century. In Peru and Mexico, 14 and 16 caste groups were created on ethnic grounds, with rights and privileges diminishing according to the darkening of the colour of the skin. However, until the end of the 18th century, this caste system did not reflect 'modern' racial prejudices; it was a late adaptation of the feudal system based on 'blood purity' and privileges in the mainland. In this sense, of course, it contained social and ethnic prejudices.
...the legal and social status of the various ethnic groups was very closely linked, except for the Indians, whose legal protection and social vulnerability were in sharp contrast even in the colonial era. It should also be stressed that these emerging Latin American ethnic groups, or 'races', were not internally divided, but were 'classified' groups at one level of a larger hierarchical structure - colonial society. These ethnicities are functional in this respect: they have a designated role and place in the system of social division of labour."
Andrele, Ádám: History of Latin America Szegedi Egyetemi Kiadó Jatepress Szeged 2010 36.p.
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[6] Leyes Complementarias de Valhadolid 1513
[7] Fransisco de Toledo introduced forced Indian labour, the mita, on which he based his silver mining in Potosi.
[8] "The former was headed by the president-governor (presidente-gobernador), the latter by the governor. The large province usually coincided with the Audiencia, while the governorate (small province) usually grouped together into an administrative organisation those areas that fell outside the Audiencia. The Audiencia was initially only a judicial forum, but later became an administrative area. The president-governor had the same powers as the viceroy, except that he did not represent the king in person. As president of the Audiencia, he was at the head of the supreme court, but also held military control of the large province and the Audiencia. He appointed royal officials representing the government in the towns, granted encomiendas, supervised economic life and public works, 'protected' the Indians belonging to him, etc. His service generally lasted longer than that of the viceroy (8 years), with a salary of up to 8,000 pesos. As a rule, governorates (small provinces) were set up in the border areas, which gave the governor enormous power, far from any higher authority, to act as he saw fit. He issued decrees and presided over the judiciary. After his appointment he took spectacular possession of the offices of his seat, his church and his garrison. In the beginning, governors (gobernador) were called tax-givers, after the medieval Spanish style." Witt-man, Tibor: History of Latin America (1971) p. 69.
[9] "The most important institution and unit of government of the colonial period was the aforementioned Audencia, which united the branches of state power. As a judicial body, it was controlled only by the Council of the Indies, acting as an advisory body to the Viceroy or the Governor-General in administrative matters, and its decisions were of a statutory nature. In the absence or death of the President-Governor, the Audiencia exercised power for a temporary period. It exercised control over the ecclesiastical orders and, until the 17th century, had a decisive say in financial matters. There were three types of Audiencia: viceroyal, 'pretorial' Audiencias governed by the president-governor, and subordinate to the viceroy. The political and governmental unity of the territories under them gradually developed, with repercussions on society and economic life. It is impossible to understand the emergence and relations of the independent states of the 19th century without taking into account the specificities of the Audiencias." ibid.
[10] "In the territory of present-day Bolivia, Viceroy Francisco de Toledo created the Indian cabildos to "avoid the harm and damage they suffered at the hands of the landlords (encomenderos)". The Indian village government in the Audiencia of Charcas was based on the existing Indian village communities, and was based on the ayllu, which comprised 20 to 40 families, 100 to 300 people. The village government, consisting of several ayllu, was headed by about 8-10 officials elected each year by their predecessors. They largely exercised judicial and tax-collecting powers, within the limits set, supervised public order, organised the care of the sick and the protection of orphans, controlled sowing, administered communal land. This organization can be considered the pinnacle of village government in Latin America, but it also largely served the interests of the treasury and the flourishing mining industry. It survived the colonial era and traces of it survived into modern times, and the Bolivian land reform of 1953 had to reckon with it. In the other indigenous areas, the chief, the cacique (cacique) or curaca (curaca), played a decisive role in village life and governed the life of the village. He had the same power of abuse as the higher chiefs mentioned above, and the term caciquismo is still used today in the same sense as petty tyranny." 71.p.
For the concept of encomienda: http://www.britannica.com/topic/encomienda Retrieved 04/04/2020 23:1
[11] Anderle, Ádám im. 38.p.
[12] The four-volume, nine-book set contains 6,385 pieces of legislation in 218 titles. The Recopilácion was compiled over 40 years by Antonio de León and Juan de Solózano Pereira (1575-1655)... (Pereira was a Spanish jurist who became oidor of Lima and was an early writer on the colonial law of the Spanish empire in the Americas.)
Pereira's major work, Politica indiana (1648)
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[13] Wittmann (1971) 77.p.
[14] For a more detailed overview of the issue, see the life work of Antonio Manuel Hespanha or the summary article by Luize, Stoeterau Navarro in International journal of Political History and Legal Culture, vol. 11., no. 2, 223-237, 2019.
[15] Colonial cities were seen as the hubs of the empire: as ciudades sao os centros do imperio
[16] Borges, Graça Almeida:The Iberian Union and the Portuguese Overseas Empire 1600-1625:Ormuz and the Persian Gulf in the Global Politics of the Hispanie Monarchy E JOURNAL OF PORTUGUESE HISTORY, e-JPH, Vol.12, number2, December 2014.
[17] The author refers to the ships "conscripted" into the Spanish Grand Armada and the Portuguese troops sent to Spanish Flanders as "forerunners" (antecedents).
[18] Hausberger, Bernd: La globalización temprana. Réplica a Mariano Banialian Hist. mex. vol. no 68. 4 Mexico City 2019
[19] Bonialian, Mariano - Hausberger, Bernd: Consideraciones sobre el comercio y el papel de La Plata Hispanoamericana en la temprana globalizáción, siglos XVI-XIX. Hist. mex. vol. no 68.. 1 Mexico City 2018
Authors cite Gunder Frank's calculation that between 1500 and 1800 America accounted for 87% of world silver production. In the 18th century, Mexico produced 57% of the world's silver and Peru 32.5%.
Important further reading: Herrera Reviriego, José Miguel: Flujos comerciales interconectados: El mercado asiático y el americano durante la sequnda mitad del siglo XVII. Hist. mex. vol66no. 2 Ciudad de México 2016; Bernand, Carmen: El reto de las historias conectadas Universidad de los Andes Facultad de Ciencias Sociales vol. 70, 2018 https://doi.org/107440/historit70.2018.01 (not readable); Bonialian, Mariano: Mexico: de epicentro a periferia. La desintegración del modelo semiinformal del comercio hispanoamericano (1750-1840) Hist. mex. vol. no 67. 1 Ciudad de México, 2017; Bonialian, Mariano: Economic Relations between China and Latin America:A History of Globalization from the 16th to 21th Centuries Hist. Mex. vol. no 70.3 pp 1231-1273 Mexico City Epub 19-Feb-2021; Alfonso Mola, Marina: Réflexions sur la première mondia lisation ibérique Mélanges de la Casa de Velázquez 48-2./2018 181-200.p. https://doi.org/10.4000/mev.9173; Gruzinski, Serge: The Mestizo Mind: The Intellectual Dynamics of Colonization and Global Copyright Year 2003 272pp; The Eagle & The Dragon: Globalization and European Dreams of Conquest in China and America in the Sixteenth Century. Cambridge, 2014 312pp; Les Quatre parties du Monde. Histoire a' une mondialisation, Paris 2004
[20] Pavez, Mauricio Onetto: Geopolitica estadounidense a escala global. Estado del Estrecho de Magallanes y "cruce del Mundo" en el siglo 16 Historia (Santiago) vol no53.. 2 Santiago dic 2020 http://dx.doi.org/10.4067/S0717-71942020000200521
[21] Charles V borrowed a loan from the Fuggeres, known as Fúcares by the Spaniards, to "subsidise" the electoral "support" needed to win the imperial title. In return for the loan, he not only obtained a concession of North and South American territory, but also rights over the Straits from 1530-31. The Fuggers had seen the Strait as an important transit point for trade with Asia, but soon abandoned this ambition.
[22] Álvarez-Ossorio Alvariño, Antonio:Between preservation and inheritance: the Spanish monarchy-Europe (1665-1715) Historical Review (2015)3:353-354
[23] Liktor, Attila Zoltán:The significance of the guarantees of the dualism of the Order in the Kingdom of Hungary. Zoltán Zoltán, "The significance of the Kingdom of the Kingdom of Hungary in the significance of the Royal Kingdom of Hungary. doctoral thesis Budapest, 2020
[24] Álvarez-Ossorio im. 356-357.
[25] im.359.
Lábjegyzetek:
[1] PhD, Budapest
Visszaugrás
