The American Nation: A History Part 4

[Footnote: Mariejol, L'Espagne sous Ferdinand et Isabelle, vi., 24.]

Another and more permanent addition to the royal income was made by the absorption into the crown of the grand masters.h.i.+ps of the three military orders which existed in Castile, the Knights of Santiago, of Calatrava, and of Alcantara. In the course of three centuries of conquest from the Moslems these orders had added estate to estate, territory to territory, town to town, benefice to benefice, till their possessions extended widely through Spain, their income perhaps equalled that of the king, and their rule as landlords extended over almost a million people, or one-third the population of Castile.

[Footnote: Vicente de la Fuente, Hist Generale de Espana, V., 79.] At the head of each of these orders was a grand master, whose rich income, military following, and prestige made him one of the greatest n.o.bles in Europe. There was reason in the claim that these grand masters.h.i.+ps were antagonistic to royalty. Those who held them were the most turbulent n.o.bles of Spain, and in earlier times had been the leaders in many a revolt against the crown. Their military system was co-ordinate with, and sometimes in conflict with, that of the king; their estates surrounded royal fortresses and sometimes excluded royal forces from frontier districts.

In 1487 when the grand masters.h.i.+p of the order of Calatrava became vacant, Ferdinand presented himself in the chapter of the commanders of the order, exhibited a papal bull giving him the administration of the order, and forced the a.s.sembly to elect him grand master. In 1494, with less formality, the grand master of Alcantara was induced to resign to the king his office, receiving, in recompense, the dignity of archbishop of Seville. Two years later, when the grand master of the order of Santiago died, Ferdinand had himself elected without difficulty. [Footnote: Maurenbrecher, Studien und Skizzen, 54.] Some time after this Isabella issued a pragmatic decree, declaring that the grand masters.h.i.+ps of the orders should always be annexed to crown.

These dignities were of great value; not only did they bring in a princely income, but they practically extended the estates and patronage of the crown by all the broad lands, cities, and villages, the offices, honors, and benefices with which the piety and chivalry of three centuries had endowed the orders.

When once such foundations had been laid, the crown extended rapidly its aggressions upon the old powers, privileges, and customs of cla.s.ses and local bodies. To the n.o.bility were interdicted the possession of fortified castles, the practice of private warfare, the use of artillery, the duel, [Footnote: Mariejol, L'Espagne sous Ferdinand et Isabelle, 35.] the use of quasi-royal formulas in their doc.u.ments, [Footnote: Cortes de los Antiguos Reinos, IV., 191, 192.] and other proud old feudal customs. No slight influence was exercised upon the n.o.bility by the increasing ceremony, size, and expenditure of the court, to which they came to be attached in positions of nominal service and honorable dependence, a position altogether favorable to the supremacy of the monarchs and unfavorable to the independence of the n.o.bility.

Side by side with the consolidation of royal power went the creation of the territorial unity of the Spanish peninsula. The greatest step was the conquest of Granada. Rich, warlike, and proud, this ancient Moorish state resisted the persistent attacks of the Catholic sovereigns for eleven years, from 1481 to 1492. [Footnote: Prescott, Ferdinand and Isabella, chap. ix.] At least once Ferdinand wearied of the struggle and the expense, and longed to turn the efforts of the united Castilian and Aragonese arms eastward, where the natural ambitions of his own kingdom drew him towards France, Italy, and the islands of the Mediterranean. [Footnote: Mariejol, L'Espagne sous Ferdinand et Isabelle, 63.] Isabella's determination, however, never wavered, and in 1492 Granada opened her gates to her conquerors, the Moorish dynasty disappeared from Spain, and their mountains and plains were added to the kingdom of Castile.

In the very next year Ferdinand reunited to his dominions, by amicable treaty with the king of France, the two northern provinces of Catalonia, Cerdagne and Roussillon--which had been detached for thirty years. There remained Portugal and Navarre. The first of these independent kingdoms had already attained a degree of national independence, power, and wealth which prevented its absorption, though it was in the days of Spain's greatest power to be dragged for eighty years in her train. Navarre, balanced on the Pyrenees, had long been drawn alternately to France and to Aragon. In the closing years of the fifteenth and the opening years of the sixteenth century, neutrality became impossible; and in 1512 a powerful Spanish army under the duke of Alva marched into Navarre; its castles and towns capitulated, the latter under a promise of the maintenance of their privileges; the king retreated to the trans-Pyrenean part of his kingdom, and Ferdinand added to his other t.i.tles that of king of Navarre. [Footnote: Boissonade, Reunion de la Navarre a la Castille.] By the time of the death of Ferdinand, the unity of the peninsula, except for Portugal, was complete. The immediate successors of the Catholic sovereigns wore the crowns of all the countries that ever have made part of Spain.

Just as Spain became territorially one, she was made h.o.m.ogeneous in race and religion so as ultimately to become a land of one race and one faith. The Jew and the Moor were both destined to disappear; every element alien in blood and every element unorthodox in religion to be driven out of the land. This complete purity of blood and unity of belief were only attained long afterwards, in a period when Spain had little else than her orthodoxy to pride herself upon, but they were well begun in the time of the Catholic sovereigns.

The Jews were the first to meet with serious persecution. They were very numerous: in one town, Ciudad Real, an a.s.sessment at one time showed 8828 heads of families, or other adult males of the Jewish race.

[Footnote: Lea, The Moriscos of Spain, 383.] They were famous as physicians and merchants, and, as in other lands, were often money- lenders. From time to time waves of religious antagonism swept over the country, and under the terrible pressure of slaughter and imminent danger, great numbers of Jews were baptized and became conversos, or "New Christians." These converts, freed from the disabilities of their religion and gifted with superior natural abilities, rapidly attained to high positions in church and state. Intermarriages between the New Christians and those of Castilian blood were frequent, and many families of great eminence had Jewish blood in their veins.

The conversos were under constant suspicion of being Christians only formally; it was believed that in their hearts they retained their ancient faith and secretly performed its rites; they were credited with antagonism to Christianity and suspected of practising sorcery to destroy the "Old Christians." There was some basis for the first, at least, of these suspicions. Many doubtless failed to abandon completely their ancestral ceremonies; and not only they but even some Old Christians felt the attraction of their mysterious and ancient traditions. [Footnote: Mariejol, L'Espagne sous Ferdinand et Isabelle, 44.] The practice of Jewish rites, known as "Judaizing," under the wide relations.h.i.+ps and high connections of the conversos, long went on unchecked. In 1475 the pope conferred on his legate in Castile full inquisitorial powers to prosecute and punish "Judaizing" Christians; but the mandate was not carried out. [Footnote: Lea, in Am. Hist. Rev., October, 1895, p. 48.]

In 1480, however, the Catholic sovereigns requested from the pope authorization for the appointment by themselves of inquisitors to root out this heresy. A bull for the purpose was granted them, and on September 27, 1480, the Spanish Inquisition was established at Seville.

In January, 1481, it began its work, and branches were gradually established in other centres till it had extended its tribunals to cover all Castile. Its work proved heavy; in its first eight years the tribunal of Seville alone put to death seven hundred persons and condemned five thousand more to severe penalties. [Footnote: Bernaldez, Hist. de los Reyes, chap. xliv., quoted by Mariejol, L'Espagne, 46.]

One of the great councils of the realm was formed to direct its operations, at the head of which was the inquisitor-general. The third in the line of inquisitors-general extended the Inquisition to America.

The authority of the Inquisition extended only over baptized persons; and, therefore, Jews who had never given up their religion, although under many disabilities, were not subject to its jurisdiction; but immunity to unconverted Jews could not consistently be continued during a harsh persecution of Judaizing Christians, and from the commencement of the work of the Inquisition pressure was brought to bear by clergy and populace upon the sovereigns to force all Jews either to be baptized or to emigrate. [Footnote: Lea, Religious History of Spain, 437.] The policy of enforced conversion or expulsion was steadily advocated by the inquisitors; since, if the Jews were baptized they would come under the jurisdiction of the Inquisition; if they left the country, Spain would be free from the reproach of harboring heretics.

Isabella seems to have hesitated to carry out this policy, as well she might. But the tide of popular hatred rose higher and higher, driven on by the famous case of El Santo Nino de la Guardia, the reputed murder of a Christian child by Jews to obtain its heart for purposes of sorcery. [Footnote: Lea, Religious History of Spain, 437-468.] Finally, by the edict of March 31, 1492, all Jews were expelled from Spain, as they had been from England as early as 1290, and successively from many other states of Europe at intervening periods. [Footnote: Amador de los Rios, Los Judios de Espana y Portugal, III., 603.] The same year that saw the discovery of America and the capture of Granada saw the expulsion of some one hundred thousand Jews and the enforced baptism of the fifty thousand that remained. [Footnote: Isidore Loeb, in Revue des Etudes Juives, 1887, p. 182, quoted in Lea, The Moriscos of Spain, 16.]

One great and costly step had been made in the direction of unity of race and religion in Spain.

The Moors in Spain were still more numerous than the Jews, though more concentrated. Through the later mediaeval centuries, in the process of reconquest, Moorish populations which made formal surrender were preserved as subjects of the Christian kings; while those that were taken prisoners in battle were retained as slaves. Both cla.s.ses, protected by the laws in their religion and their property, [Footnote: Las Siete Partidas, pt. i., t.i.t. v., ley 23, etc., quoted in Lea, The Moriscos of Spain, 2.] frequently still practised their Mohammedan faith. Practically the whole rural population of the kingdom of Valencia was Moorish, and in the cities of the southern provinces of Castile they made a considerable part of the population. In the century and a half of peace just preceding the war with Granada they increased steadily in numbers and in economic value to Spain.

The conquest of Granada, in 1492, brought the population of that country under the rule of Ferdinand and Isabella. The old body of Moorish subjects of Aragon and Castile, now reinforced by all the teeming population of the south, made an element of the population of united Spain of infinite promise. They were skilful, industrious, temperate, and moral; their agriculture and manufactures were far more advanced than those of the Christians, and they were more laborious, thrifty, and peaceable. They might be relied upon to furnish through taxation a steady and abundant income to the crown, and through their labor to make the landed estates of the n.o.bles profitable.

Though treaty guarantees and the permanent material interests of the new sovereigns alike favored the protection and pacification of the Moorish inhabitants of Granada, other motives antagonized this policy.

Religious enthusiasm and racial antipathy, as well as immediate greed, urged a disregard of the terms of capitulation, or, at least, such an interpretation of them as would drive the Moors either to conversion or exile. The lat.i.tudinarianism of earlier centuries had disappeared. The whole spirit of the time was now averse to tolerance or anything approaching local, national, or religious independence. At first, under Talavera, a sincere, earnest, and partially successful effort was made to convert the Moors individually to Christianity; but soon a demand arose and became ever more urgent that the Moors, like the Jews, should be given the simple and immediate alternative of baptism or exile. In 1500 this policy was adopted in Granada; in 1502, by royal edict signed by Isabella, it was applied to all the dominions of the Castilian crown; and in 1525 it was promulgated in Aragon, Valencia, and Catalonia. As a result many of the Moors emigrated to Africa; the rest became Moriscos--that is to say, Christians in religion, although Moors in blood. Thus religious uniformity was attained in Spain. In theory, at least, every inhabitant of the united kingdom was a Catholic Christian. But the enforced Christianity required of the Moriscos produced only an outward and imperfect conformity, and the problem of this alien element remained long unsolved to plague the Spanish monarchs, and to bring untold misery on the Moriscos themselves.

[Footnote: Lea, The Moriscos of Spain, chaps. v.-xi.]

Thus the fragmentary and embryonic group of Iberian nations of the fifteenth century grew into the powerful Spanish monarchy of the sixteenth. A single centralized government was created, and the divided currents of national life were gathered by it into one great stream.

Notwithstanding many survivals of mediaeval conditions and later reversions to the earlier type, internal warfare and domestic disorder disappeared from the peninsula, and divergence of foreign policy no longer weakened its influence in Europe. The absolute monarchy was founded, and whatever there was of ability, enterprise, and wealth in Spain came under its control. The sovereign was in a position to give patronage to voyages of adventure, to legislate for distant dominions, and to make the most remote Spanish possessions contributory to the general objects of Spanish policy.

Spain stood out as one of the greatest states in Europe. With her close approximation to a united nationality, her all-powerful monarchy, her highly elaborate bureaucracy, her increasing body of law, soon to be codified into a great whole, her nascent literature, her military gifts and resources, the wealth and romance of the Indies, she stood on the threshold of the sixteenth century with imposing power and dignity. The part she played during that century was a conspicuous one. Her generals and her troops became the most famous and the most successful in Europe. Her diplomatic representatives were able to take the highest tone and to win most successes among European states, in the international intrigues of the sixteenth and early seventeenth centuries. She was rich enough to pension or bribe the ministers and courtiers of half the courts of Europe, and even to dazzle the eyes and impose upon the judgment of such a sovereign as James I. of England.

Her literature and her art flourished with her political greatness, and she had all the external appearance of a great, cultured, and flouris.h.i.+ng nation.

We know now, as was recognized by some observers even then, that Spain was a hollow sh.e.l.l. After the reign of Charles V. population stood stationary, or declined, and wealth decreased. Philip II. enforced orthodoxy, excluded all non-Catholic literature, and summoned home all Spanish students in foreign universities, thus dooming Spain to intellectual stagnation. She exhausted her resources in unwise or hopeless foreign struggles, like the war of conquest of Italy and the effort to reconquer the Netherlands; she wasted her peculiar opportunities by driving from her borders the enterprising Jews and industrious Moriscos, and by allowing commerce and finance to fall into the hands of foreigners. But most of these errors were, at the death of Ferdinand, in 1516, still in the future; and the Spanish monarchy and nation had much of the reality as well as the appearance of greatness.

CHAPTER VI

POLITICAL INSt.i.tUTIONS OF CENTRAL EUROPE (1400-1650)

America's political and social inst.i.tutions are unquestionably founded upon those of England, and these will be described in their proper place in this volume. But the inst.i.tutions of three other European nations were for considerable periods dominant in certain parts of the New World, and have left an impress that is even yet far from being effaced. They are those of Spain, France, and Holland.

Since the Indies were, in theory, an outlying part of the kingdom of Castile, they naturally reflected the recently achieved absolutism of the Spanish monarchy. This absolutism in Castile extended over all fields--legislation, judicial action, and administrative control.

Although the most formal and permanent statutes were drawn up by the king with the consent of the cortes, or even at its request, yet the custom of issuing pragmatica, or ordinances enacted by royal authority, grew until their provisions filled a large sphere. They were promulgated on all sorts of subjects, and became, immediately on their issue, authoritative rules of action. The whole subsequent legislation for the American colonies, springing as it did from the mere will of the sovereign, was an outcome of this custom.

The king was the fountain of justice, in whose name or by whose grant all temporal jurisdiction was exercised. In no country of Europe was this principle more clearly acknowledged than in Spain. Immediately attending upon him was an audiencia, or group of judicial officers whose duty it was to carry out these functions in the most immediate cases. The audiencia was a high court of law and equity, deciding both civil and criminal cases; and, as is always the case in early stages of government, exercising much administrative and financial control through the forms of judicial action. The insufficiency for these ends of a peripatetic body bound to follow the king in all his movements was early recognized, and the royal audiencia was made stationary at Valladolid. Later a second such court was established, first at Ciudad Real, then, after the conquest, at Granada. Ultimately others were organized in Galicia, Seville, Madrid, Burgos, and several additional centres. The system was early transported and extensively developed in the American possessions, where twelve independent audience existed.

There, as at home, this court system gradually superseded the more individual and military rule of the adelantado, which had been characteristic of the early conquest period. [Footnote: Moses, Spanish Rule in America, 66, etc] The adelantado was the representative of the administrative powers of the crown. Five such officials in the fifteenth century governed respectively the provinces of Castile, Leon, Galicia, Andalusia, and Murcia; another was appointed over Granada when it was conquered; and still another administered the temporal affairs of the vast estates of the archbishopric of Toledo. Their duties were partly military, partly civil, and under them were subordinate royal officers with a great variety of t.i.tles such as sarjento mayor, alferez real, alcalde. The t.i.tle of adelantado was naturally given to Columbus, Pizarro, and several of the other early conquistadores as the nearest equivalent to their position as civil and military governors of the wide-spreading, newly conquered lands of America. [Footnote: Moses, Spanish Rule in America, 68, 69, 113.] The supremacy of the crown extended to the church as well as to the state. Spain, in the Middle Ages and far into modern times, presented the anomaly of a nation and government most ardently devoted to orthodox Christianity and to the church, and yet jealous and impatient of the powers of the Pope. In 1482 Isabella protested against the use of a papal provision for the appointment of a foreign cardinal to a Castilian bishopric, and claimed a right to be consulted in all ecclesiastical appointments. A serious contest ensued, the ultimate result of which was that the queen obtained a clear right of appointment, which, in the reign of Charles V., was formally recognized as such by the pope. [Footnote: Vicente de la Fuente, Hist Generate de Espana, V, 150, quoted in Mariejol, L'Espagne sous Ferdinand et Isabelle, 28.]

This position of the monarchs at home made easy and natural the adoption of their position of supreme patrons of the church in Spanish America. In the colonies conquered, settled, and Christianized under their influence they had a completeness of control, not only over appointments, but over the establishment of new church centres and the disposition of the t.i.tles to ecclesiastical property generally, which was quite unknown anywhere in Europe.

The supremacy of the crown in Spain is evidenced in no way more markedly than by its entire freedom from dependence on the military and landed cla.s.ses of the country. Yet the n.o.bility were numerous, rich, and distinguished. In the sixteenth century there were twelve dukes, thirteen marquises, and thirty-six counts in Castile, some of whom had princely estates and power. The heads of such families as that of Mendoza or Gruzman or Lara or Haro or Medina Celi were among the greatest men in Europe. Yet the highest of these n.o.bles was still an immeasurable distance below the king. The option of royal estates, the seizure of the grand masters.h.i.+ps, the enforcement and extension of all latent powers of the monarchy had freed the Spanish kings from all danger of control by the great n.o.bility.

The chief characteristic of the Castilian n.o.bility, however, was not its wealth, but its numbers. Next in rank to the great n.o.bles, or ricos hombres, were the caballeros, the knights, and below them was a vast number of hidalgos, mere gentlemen. In Castile all were accounted gentlemen who were sons of gentlemen, legitimate or illegitimate; all those who took up their residence in a city newly conquered from the Moors, providing themselves with horse and arms without engaging in trade; those who lived without trade in certain provinces and cities which had that privilege. Whether rich or poor, those who belonged to the n.o.ble cla.s.s had many privileges: they paid none of the general taxes; they were free from imprisonment for debt; they had the preference in appointments to office in state and church; they had precedence on all public occasions; and, except in case of treason or heresy, they had the privilege in case of execution of being decapitated instead of hanged. [Footnote: Mariejol, L'Espagne sous Ferdinand et Isabelle, 278-284.]

These hidalgos and caballeros, many of them poor, living on inadequate estates, in service to other n.o.bles or in irregular ways in the towns, furnished promising material for volunteer forces in war, for distant conquest, and for an expanding government service; but they were weak elements of economic progress. The conquistadores of Spanish America, the soldiers in Italy and the Netherlands, and the drones of Spain were all to be found among the teeming lower Spanish n.o.bility and gentry.

They made admirable soldiers. With all their pride and all their indolence, Spanish gentlemen were not too proud to fight, even in the ranks and afoot; or too lazy to endure effort and privation when they were for a military end. The Spaniards as a race were then, as now, abstemious, and could make long marches on a slender commissariat. Many of them were used to the extremes of heat and cold of the mountainous regions of their native country, and were fitted for the most trying of long campaigns, All the material was ready to the hand of the king for use in his European campaigns, or to be let loose for adventure in America. With this acknowledged position of legislative, judicial, administrative, and ecclesiastical supremacy at home; with the heads.h.i.+p of a numerous, loyal, and warlike n.o.bility; with the possession of a numerous trained official cla.s.s, it was easy for the Spanish monarchs to impose a centralized and h.o.m.ogeneous system of despotic government upon the distant and widespread colonies of America.

The a.s.sertion of the absolute authority of the king over the Indies was never neglected or allowed to lapse. The adventurers who discovered and explored the West Indies, Central and South America, Mexico, and much of what is now territory of the United States; the captains who conquered these lands; the governors who organized and ruled them; the colonists who occupied them--all drew their permission so to act from the king, or if they went beyond their commissions quickly legitimated their actions by an appeal to him for an act of indemnity and a more adequate commission. Foreigners were by the edict of the king excluded from the Spanish possessions, or permitted a narrow field of action there; the policy of the colonies in matters of trade, relations with the natives, religion, and finance was dictated by the king. Upon the advice of his Council of the Indies he issued a continuous series of rules and ordinances, and finally drew up for the American possessions the "New Laws."

Yet supreme over her colonies as was the absolute monarchy of Spain, a false idea of their condition would be obtained if it were forgotten that the monarchy was only one of the national inst.i.tutions. Other political habits of the people were firmly established as well as that of subserviency to the crown. Spain was the cla.s.sic land of partic.i.p.ation of all cla.s.ses in government through the cortes; almost as old as the monarchy were the fueros, or franchises and charters; protected by these fueros, the cities and towns had become numerous, powerful, and almost self-governing; and even rural communities had in many cases a complicated and semi-independent system of control of their own affairs.

The cortes may be neglected here, since no such representative body ever arose in the colonies; but the same is not true of local self- governing munic.i.p.alities. Not only were they characteristic of Spain, but a.n.a.logous inst.i.tutions were established as a Spanish population grew up and was organized in the Indies, where there was a strong tendency to revert to practical self-government and thus to defeat the centralizing policy of the monarchy.

Several hundred cities, towns, and rural communities in Spain held fueros granted to them by the king, a great n.o.ble, or some ecclesiastical body. These charters in many cases dated from the eleventh or twelfth century and conceded the most extensive rights and privileges. Under them townsmen could surround themselves with a wall, organize a military force, elect their own magistrates, judge their own inhabitants, collect their own taxes, pay only a fixed sum to the crown, and in other ways live almost as a separate political body under the general protection only of the king. [Footnote: Antequera, Hist. de la Legislation Espanola, 128-139.]

Notwithstanding many differences among the towns in size, character, and political privileges, among those of Castile there was a certain similarity of organization which may be described as follows, and may be looked upon as the type on which munic.i.p.alities in Spanish America were originally constructed. [Footnote: Bourne, Spain in America, chap.

xv.]

The citizens who possessed full political rights were known in the most general sense as vecinos; when acting as electors they were spoken of as forming the concejo, cabildo, or council. The actual body which met and directed munic.i.p.al affairs was the ayuntamiento, made up of the more important magistrates and officials, of whom there was usually a considerable number and variety. The alcaldes exercised judicial functions, both civil and criminal; the regidores had charge of the administrative work of the community; the corregidores of its oversight in the interest of the king; the alguazil mayor commanded the military forces; the mayor domo had the oversight of the town property. In some towns one or more of the alcaldes had the t.i.tle of alcalde mayor, and held a presiding function. There were various lower officials, such as alarifes, rayones, and others in great variety. [Footnote: Antequera, Hist. de la Legislation Espanola, App. ix., 542.] The town officials were in some cases appointed by the king, in others elected by the vecinos, in still others divided between royal and local appointment.

They were usually drawn from the body of the citizens, but in some cases from gentlemen or even n.o.blemen who had houses in the town or simply owned property there.

This munic.i.p.al organization and certain other ancient inst.i.tutions tended to reappear in the colonies, and thus to modify and limit that absolutism of the central government which was without doubt the leading characteristic of the Spanish colonial system. The provincial interests of the colonists also opposed the monarchy. The great distance of the colonies from Spain, the rigidity of official custom, the difference between the interests of the colonists and the desires of the government, and the lack of vigor at home combined to prevent a really effective control of the colonies. "Obedezcase, pero no se c.u.mpla" (Let it be obeyed, but not enforced) was a saying sufficiently descriptive of the att.i.tude of the colonies towards unpopular decrees from home.

The servitude of men of dependent races, which became such a fundamental characteristic of Spanish America, is an instance of this incompleteness of control by the central government. Slavery was a product of American conditions and was not general in the mother- country. A small number of Moorish slaves captured in war and of negroes imported through Portugal were scattered through Spain, but they did not form a cla.s.s, and were protected rather than depressed by the law. [Footnote: Lea, The Moriscos of Spain, 2.]

Slavery in America was always distasteful to the home government, and only reluctantly permitted because of the apparent necessities of the case and in the hope of ameliorating the lot of the Indians. The whole plan of the asiento was based on the principle of regulating and limiting slavery. The shameful extermination of the native races of the West Indies is a long, sad history of kindly intentions and wise regulations on the part of the home government, made nugatory by the determined self-interest and heartless cruelty of the colonists.

[Footnote: Lea, "The Indian Policy of Spain" (in Yale Review, August, 1899); Bourne, Spain in America, chap. xviii.] The fervor of Las Casas could readily obtain from the Spanish monarchs proclamations declaring the freedom of the Indians and even definite statutes providing for their good treatment; but neither his fervor nor the monarch's power could secure the enforcement of the laws or save the miserable natives.

[Footnote: Lea, "The Indian Policy of Spain" (Yale Review, August, 1899), 132, 135, 138, 141, 143. etc]

In theory the Spanish sovereigns ruled the Indies with an autocratic sway. In practice the colonies were governed by a bureaucracy or, more commonly, allowed to drift. Yet by the forms of Spanish rule they were deprived of all wholesome local freedom, of all power of independent action, and of all deliberate choice of their own policy. They did not, therefore, develop during their colonial period a robust provincial life and character; and only late and with great difficulty did they struggle into independence and obtain self-government. [Footnote: Paxson, The Independence of the South-American Republics, chap. i.]

The inst.i.tutions of France which were transferred to the New World or which exercised a direct influence on its political development belong to a period a century or a century and a half later than those of Spain which have just been described. Yet during that period there had been no essential alteration in the general direction of political development in France, and the system which Canada reflected in the seventeenth century was a more elaborate rather than a different system from that of the sixteenth. This development had, indeed, been in progress since the Hundred Years' War, and consisted in the steady rise of the power of the centralized monarchy. In Spain we have seen a sudden growth of absolutism and centralization within one reign. In France the foundation of the absolute monarchy was laid earlier, it was constructed more uniformly, and the resulting edifice was more firm and symmetrical.

The extension of the royal household, the sub-division of the royal councils, the creation of the parlements, [Footnote: Lavisse, Histoire de France, V., pt. i., 215.] the appointment of governors of provinces, bailiffs, and intendants, and the establishment of a complicated hierarchy of financial and judicial officers and official bodies, [Footnote: Ibid., V., 247.] were processes which arose from the fundamental conditions of France and from the genius of her government.

In this development there were periods of rapid growth, as that of Francis I.; of temporary reaction, as that of the religious wars. Of the periods of the former none was more important and definitive than that which was in progress during the years in which Canada was struggling into existence--that is to say, the reigns of Henry IV. and Louis XIII., from 1589 to 1643. By the latter date, that of the accession of Louis XIV., the work was accomplished. France was, in theory and in practice, a despotism. It was so in theory, for Louis himself could declare, "All power, all authority, are in the hand of the king, and there can be none other in the kingdom than those which be established there." The epigram attributed to that monarch, "L'etat, c'est moi," was not an exaggerated description of the royal functions, according to the views of the king and of his most thoughtful ministers. "The ruler ought not to render accounts to any one of what he ordains. ... No one can say to him, 'Why do you do thus?'" said Bossuet. In his copy-book as a child Louis XIV. was taught to write, "To kings homage is due; they do what they please." In practice the absolute power was no less a reality, since by royal decree the king not only made war and peace, determined upon foreign and internal policy, established religion, and codified law, but also disposed of the property of his subjects through arbitrary taxation. A systematic scheme of government, in which all lines should converge upward to the sovereign, could be drawn more justly for France in the seventeenth century than for any political structure since the Not.i.tia Dignitatum was drawn up for the later Roman Empire.

The royal government was as simple territorially as it was in functions. It extended over all the territory of France and of the French possessions beyond the seas. Instead of a collection of provinces, of some of which the king was direct ruler, of others only feudal lord, as had been his position in the fourteenth century, he was now king equally over every one of his subjects in every part of his dominions. The administration of this territory had been transferred from its feudal lords to the king by the appointment in the fifteenth century of governors of the provinces, whose position was almost that of viceroys.