Preferred Citation: Herr, Richard. Rural Change and Royal Finances in Spain at the End of the Old Regime. Berkeley:  University of California Press,  c1989 1989. http://ark.cdlib.org/ark:/13030/ft4d5nb394/


 

APPENDIX R—
TYPES OF SEÑORÍO LEGO

Chapters 16 and 17 make the distinction between two different patterns of señorío (seigneurial jurisdiction). One kind produced income for the señor primarily from jurisdictional rights and alienated royal income such as taxes and the royal share of the tithes, and the other produced little such income but was accompanied by extensive real properties from which the señor received income from rent paid by tenants or the sale of the harvests. The former was prevalent in the province of Salamanca, the latter in Jaén.

This is not the distinction found most commonly in the writing on señorío, which is based on the legislation of the nineteenth century that abolished señoríos. When the Cortes of Cádiz decreed the abolition of señoríos on 6 August 1811, they distinguished between "señoríos jurisdiccionales," which were abolished, and "señoríos territoriales," which were converted into the private property of the señor. The former were judged to represent an alienation of royal rights and authority, which were now to be recovered by the nation. The latter were considered private property to be guaranteed henceforth like that of any other citizen, and the dues paid previously by the subjects became ordinary rents. This distinction remained the basis of the definitive abolition of señorío on 26 August 1837. Unfortunately, the distinction was not so clear in the terms of the original grants as the lawmakers assumed, and it led to many cases at court between former señores and their towns.[1] It would be convenient to think that the difference noted in this study between señorío accompanied by large real property and that whose income came primarily from jurisdictional rights and the collection of alienated royal imposts was the same as the distinction between territorial and jurisdictional señoríos adopted in the laws abolishing señoríos. Unfortunately, this does not appear to be the case. The large properties of señores in Jaén were not part of their rights of señorío, to judge from the

[1] See Moxó, "Fin du régime seigneurial." For the full story: Moxó, Disolución.


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case of Navas (see Chapter 13), a town of the Duque de Santisteban del Puerto. This duke was señor of more towns in the province than any other lord. The catastro attributed to him as señor of Navas only fifty reales per year from fines (penas de cámara) and thirty reales for the right of ordenanza.[2] The rest of his income in the town came from his cortijos and other properties, treated the same as those in Navas of the Conde-Duque de Benavente. The catastro specifically attributes the pastures and wastes to the municipal council, not to the duke, as one would expect if his were a señorío territorial. The very troublesome nineteenth-century distinction was not the basis for the different economic effects of señorío found here for the eighteenth century.

[2] Navas, resp. gen. Q 2.


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Preferred Citation: Herr, Richard. Rural Change and Royal Finances in Spain at the End of the Old Regime. Berkeley:  University of California Press,  c1989 1989. http://ark.cdlib.org/ark:/13030/ft4d5nb394/