Spanish Disentailment & Fueros Amendment Acts of 1841 & 1855
General Disentailment, 1855
This is a legal text, a decree issued by the Spanish Parliament in 1855, outlining the economic policy of liberalism. We attribute its authorship to the Minister of Finance, the progressive liberal Pascual Madoz, promoter of this law, which was ultimately approved by the Parliament and signed by Queen Elizabeth II. The place of issue was Madrid, headquarters of the Courts and the Government. The date, 1855, falls within the “Progressive Biennium” (1854-1856).
To understand the text, we must focus on the time in which it was written. Following the end of the Regency of Maria Cristina, Isabella II was declared of age in 1843 and her reign began. The early part of her reign is known as the Moderate Decade (1843-1853), during which the Constitution of 1845 was created. In 1854, a revolution, spurred by a military coup and a moderate, progressive, democratic, and popular movement, caused a change of government, initiating the Progressive Biennium. During this period, the revolutionary juntas were dissolved, citizens’ freedoms and rights were restored, and a new constitution was written (although it never came into force). National Sovereignty was recognized, albeit with certain powers granted to the monarch. The most characteristic event of this time was the drafting of the disentailment text.
In 1855, during the Progressive Biennium, the Madoz Disentailment was approved. This law put up for sale the remaining lands of the Church and the municipalities (town halls). It was a much faster process than previous disentailments, and a much larger amount of debt was repaid. The lands were placed in the hands of investors and former landlords, deepening the process of land concentration in the hands of the oligarchy. This negatively impacted farmers, who had traditionally relied on these lands as a source of income. They were disappointed by the Liberals’ objectives and, as a result, many joined socialist and anarchist parties. This disentailment differed from previous ones in that public debt had to be paid in cash.
Amendment Act of the Fueros, 1841
This is a piece of legislation from the Cortes of Spain that affected the legal and political status of the Old Kingdom of Navarre in 1841. The authorship is collective: the Parliament approved a text previously negotiated between the Government and the Diputación (Provincial Council) of Navarre. The place of issue was Madrid, headquarters of the Cortes. The date, 1841, coincides with the regency of Baldomero Espartero, who sanctioned the law. The text contains articles of law relating to the election of local councils (Art. 5), the powers and composition of the Provincial Council (Arts. 6, 8, and 10), compulsory military service (Art. 15), and the transfer of customs to the Pyrenees (Art. 16).
After the death of King Ferdinand VII, his daughter Isabella could not reign because she was underage. Initially, the regency was held by Maria Cristina (1833-1840), Isabella’s mother, who sought the support of moderates due to the conflict between the Carlists and the Liberals. Maria Cristina then left power, and the Regency of Espartero began (1840-1843).
In 1833, the First Carlist War began between supporters of Charles, Isabella’s uncle, and the supporters of Isabella for the throne. After several clashes, General Maroto (Carlist) and General Espartero (Isabelline) signed the Treaty of Vergara in 1839. Espartero undertook to propose the revision of the fueros (regional privileges). This Act is embodied in the confirmation of the fueros of 1839. From there, a negotiating process ensued, concluding with the passage of the law of 1841, to which this text belongs. To explain this change, one must consider the progressive liberals’ access to government and the adoption of the Constitution of 1837, which established the legal equality of all Spaniards. The fueros, therefore, had no place in the new liberal political system. However, liberals from Navarre attempted, unsuccessfully, to maintain a substantial portion of their fueros, thereby allowing Navarre to retain a degree of administrative and fiscal autonomy, distinguishing it from other Spanish provinces.
In many ways (laws, institutions, authorities), the Act meant an equalization of Navarre with the other Spanish provinces, losing its consideration as a “kingdom.” However, Navarre managed to retain a significant degree of administrative autonomy (through the Diputación) and fiscal autonomy (recovery of its own taxes and payment of an annual quota), responding to the interests of the Navarrese liberals themselves.