A History of the Inquisition of Spain (Vol. 1-4). Henry Charles Lea

thus reduced to submission and he was preparing to carry his arms into Africa at the time of his death, in 1252.[178] That Moorish rule, more or less independent, continued in the Peninsula for yet two centuries and a half, is attributable solely to the inveterate turbulence of the Castilian magnates aided by the disorderly ambition of members of the royal family. During this interval successive fragments were added to Christian territory, when internal convulsions allowed opportunities of conquest, and in these the system which had proved so advantageous was followed. Moor and Jew were citizens of the realm, regarded as a desirable class of the population, and entitled to the public peace and security for their property under the same sanctions as the Catholic.[179] They are enumerated with Christians in charters granting special exemptions and privileges to cities, safeguards for fairs and for general trade.[180] Numerous Fueros which have reached us place all races on the same level, and a charter of Alfonso X, in 1272, to the city of Murcia, in its regulations as to the cleansing of irrigating canals, shows that even in petty details such as these there was no distinction recognized between Christian and Moor.[181] The safeguards thrown around them are seen in the charter of 1101, granted to the Mozárabes of Toledo by Alfonso VI, permitting them the use of their ancestral Fuero Juzgo, but penalties under it are only to be one-fifth, as in the Fuero of Castile “except in cases of theft and of the murder of Jews and Moors,” and in the Fuero of Calatayud, granted by Alfonso el Batallador, in 1131, the wergild for a Jew or a Moor is 300 sueldos, the same as for a Christian.[182] Yet the practice as to this was not strictly uniform, and the conquering race naturally sought to establish distinctions which should recognize its superiority. The Fuero of Madrid, in 1202, imposes various disabilities on the Moors.[183] A law of Alfonso X, who throughout his reign showed himself favorable to the subject races, emphatically says that, if a Jew strikes a Christian, he is not to be punished according to the privileges of the Jews, but as much more severely as a Christian is better than a Jew; so if a Christian slays a Jew or a Moor he is to be punished according to the Fuero of the place, and if there is no provision for the case, then he is to suffer death or banishment or other penalty as the king may see fit, but the Moor who slays a Christian is to suffer more severely than a Christian who slays a Moor or a Jew.[184]

      In an age of class distinctions this was an inevitable tendency and it is creditable to Spanish tolerance and humanity that its progress was so slow. In the violence of the time there was doubtless much arbitrary oppression, but the Mudéjares knew their rights and had no hesitation in asserting them, nor does there seem to have been a disposition to deny them. Thus, in 1387, those of Bustiella complained to Juan I that the royal tax-collectors were endeavoring to collect from them the Moorish capitation tax, to which they were not subject, having in lieu thereof from ancient times paid to the Lords of Biscay twelve hundred maravedís per annum and being entitled to enjoy all the franchises and liberties of Biscay, whereupon the king issued an order to the assessors to demand from them only the agreed sum and no other taxes, and to guarantee to them all the franchises and liberties, uses and customs of the Lordship of Biscay.[185] Even more suggestive is a celebrated case occurring as late as the reign of Henry IV. In 1455 the chaplains of the Capella de la Cruz of Toledo complained to the king that the tax on all meat slaughtered in the town had been assigned to the chapel for its maintenance, but that the Moors had established their own slaughter-house and refused to pay the tax. Elsewhere than in Spain the matter would have been referred to an ecclesiastical court with a consequent decision in favor of the faith, but here it went to the civil court with the result that, after elaborate argument on both sides, in 1462 the great jurist Alfonso Díaz de Montalvan rendered a decision recognizing that the Moors could not eat meat slaughtered in the Christian fashion, that they were entitled to a slaughter-house of their own, free of tax, but that they must not sell meat to Christians and must pay the tax on all that they might thus have sold.[186] Trivial as is this case, it gives us a clear insight into the independence and self-assertion of the Moorish communities and the readiness of the courts to protect them in their rights.

      EFFORTS AT CONVERSION

      The Mudéjares were guaranteed the enjoyment of their own religion and laws. They had their mosques and schools and, in the earlier times, magistrates of their own race who decided all questions between themselves according to their own zunna or law, but suits between Christian and Moor were sometimes heard by a Christian judge and sometimes by a mixed bench of both faiths.[187] In the capitulations it was generally provided that they should be subject only to the taxes exacted by their previous sovereigns, though in time this was apt to be disregarded.[188] A privilege granted, in 1254, by Alfonso X to the inhabitants of Seville, authorizing them to purchase land of Moors throughout their district, shows that the paternal possessions of the latter had been undisturbed; they were free to buy and sell real estate, and although, when the reactionary period commenced, toward the close of the thirteenth century, Sancho IV granted the petition of the Córtes of Valladolid in 1293, forbidding Jews and Moors to purchase land of Christians, the restriction soon became obsolete.[189] Not only was there no prohibition of their bearing arms, but they were liable to military service. Exemption from this was a special privilege accorded, in 1115, at the capitulation of Tudela; in 1263 Jaime I of Aragon released the Moors of Masones from tribute and military service in consideration of an annual payment of 1500 sueldos jaquenses; in 1283 his son Pedro III, when preparing to resist the invasion of Philippe le Hardi, summoned his faithful Moors of Valencia to join his armies and, in the levies made in Murcia in 1385 for the war with Portugal, each aljama had its assigned quota.[190]

      DENATIONALIZATION OF THE MUDÉJARES

      A wise policy would have dictated the mingling of the races as much as possible, so as to encourage unification and facilitate the efforts at conversion which were never lost to sight. The converso or baptized Moor or Jew was the special favorite of the legislator. The Moorish law which disinherited an apostate was set aside and he was assured of his share in the paternal estate; the popular tendency to stigmatize him as a tornadizo or renegat was severely repressed. The Church insisted that a Moorish captive who sincerely sought baptism should be set free. Dominicans and Franciscans were empowered to enter all places where Jews and Moors dwelt, to assemble them to listen to sermons, while the royal officials were directed to compel the attendance of those who would not come voluntarily.[191] It is easy now to see that this policy, which resulted in winning over multitudes to the faith, would have been vastly more fruitful if the races had been compelled to associate together, and infinite subsequent misery and misfortune would have been averted, but this was a stretch of tolerant humanity virtually impossible at the time. The Church, as will be seen, exerted every effort to keep them apart, on the humiliating pretext that she would lose more souls than she would gain, and there was, moreover, sufficient mutual distrust to render separation desired on both sides. At a very early period of the Reconquest the policy was adopted of assigning a special quarter of a captured town to the Moors, and thus the habit was established of providing a Morería in the larger cities, to which the Mudéjares were confined. The process is well illustrated by what occurred at Murcia, when, in 1266, it was definitely reconquered for Alfonso X by Jaime I of Aragon. He gave half the houses to Aragonese and Catalans and restricted the Moors to the quarter of the Arrijaca. Alfonso confirmed the arrangement, dislodging the Christians from among the Moors and building a wall between them. His decree on the subject recites that this was done at the prayer of the Moors, who were despoiled and ill-treated by the Christians, and who desired the protection of a wall, to the construction of which he devoted one-half of the revenues levied for the repair of the city walls. It was the same with the Jews, who were not to dwell among the Christians, but to have their Judería set apart for them near the Orihuela gate.[192] Besides this segregation from the Christians in the cities there were smaller towns in which the population was purely Moorish, where Christians were not allowed to dwell. That this was regarded as a privilege we can readily imagine, and it is shown by the confirmation, in 1255, by Alfonso X of an agreement with the Mudéjares of Moron under which they are to sell their properties to Christians and remove to Silebar, where they are to build a castle and houses, to be free of all taxes for three years, their law is to be administered by their own alcadí and no Christian is to reside there except the almojarife, or tax-gatherer, and his men.[193] All this tended to perpetuate the separation between the Christian and the Moor, and a further potent cause is to be found in the horror with which miscegenation was regarded—at least when the male offender was a Moor. Intermarriage,