Mendizabal’s Disentailment Decree of 1836

Posted on Oct 25, 2024 in History

Mendizabal’s Disentailment Decree

Background

This Royal Decree, drafted in Madrid on February 19, 1836, addresses the legal and economic challenges following Ferdinand VII’s death. The succession crisis between his brother, Carlos Maria Isidro, and daughter, Isabella II, ignited the First Carlist War (1833-1839). The 1834 Royal Statute, a compromise by Martinez de la Rosa, failed to reconcile the Carlists and Liberals. After Count Toreno’s limited reforms, Mendizabal, with international prestige but lacking Maria Cristina’s favor, proposed confiscating regular clergy properties to stabilize the debt and fund the war.

The Disentailment

Mendizabal’s plan aimed to create a landowning class loyal to the liberal state. Maria Cristina’s disapproval led to political shifts, including Isturiz’s resignation. The slow pace of reforms and a revolutionary outbreak in July 1836, culminating in the reinstatement of the 1812 Constitution, brought the progressive Jose Maria Calatrava to power, who appointed Mendizabal as Finance Minister. By 1838, conservative governments initiated a rollback of liberal laws.

Key Provisions

  1. Debt Reduction: Like previous disentailment decrees (1798-1855), this aimed to address public debt.
  2. Sale of Clergy Properties: Properties of extinct religious communities were auctioned, excluding those used for public services (museums, barracks, schools).
  3. Liberalism as Economic Engine: The decree aimed to revitalize the economy by promoting liberal principles and freeing up resources.
  4. Support from the Middle Class: The sale aimed to create a class loyal to liberalism and the monarchy.

Analysis

The confiscation aimed to alleviate state debt and fund the Carlist War. Moderates viewed church property as inviolable, while Progressives believed it could be sold. The primary beneficiaries were the upper-middle classes loyal to liberalism. Previous disentailment decrees, including those by Godoy (1798), Joseph Bonaparte (1810), the Cortes of Cádiz (1810-1813), and the Liberal Triennium (1821), had limited success. While the disentailment increased land ownership and production, it did not significantly improve productivity.