A History of Spain: founded on the Historia de España y de la civilización española of Rafael AltamiraChapman, Charles E. (Charles Edward)
History
A History of Spain: founded on the Historia de España y de la civilización española of Rafael Altamira
Chapman, Charles E. (Charles Edward)
Spain -- Civilization; Spain -- History
The legal status of the family underwent no striking change in this
period, except that the victory of Roman principles was more and more
confirmed. The decisions of the Council of Trent (1545-1563), a famous
general council of the Catholic Church, prohibited divorce, clandestine
marriage, and in general any kind of marital union not made according to
the solemnities and forms of the church, and these principles became law
in Spain, but they represented tendencies which had long before appeared
in the _Partidas_ and the _Leyes de Toro_. Unions lacking the sanction
of the law did not disappear; rather they were one of the prominent
features of the immorality of the times. It was in its economic aspects
that the family experienced its most marked change, and this was due to
the exceptional favor with which the institution of primogeniture had
come to be viewed, keeping pace with the vanity and the furor for
ennoblement of the age. The very extension of the practice was its
saving grace, for not only the great nobles but also persons of lesser
note, including plebeians with not too vast estates, were wont to leave
their properties to the eldest son; thus accumulation in the hands of a
very few was avoided. For the same reason the crown often favored the
custom for the smaller holdings, but restricted it in the case of the
_latifundia_,--for example, in the prohibition issued against the
combining of two such great estates. The individualism and capitalism of
the Roman law was most marked of all in matters of property. One
interesting attempt was made to get around the laws against usury
through the purchase of annuities, the _censo consignativo_. Popular
opinion, reinforced by the ideas of the moralists and jurisconsults and
even by a bull of the pope, opposed the practice, and it did not
survive. Despite the supremacy of the Roman ideas there were many
writings of a socialistic character citing the collectivism of the
Peruvian Incas or other such states of society as desirable of adoption
in Spain. The philosopher Luis Vives, for example, favored a
redistribution of natural resources and their equal enjoyment by all.
[Sidenote: Evolution of the guilds.]
Public-domain text, read in full here on John Shaqi.
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