Jaime E. Rodríguez O.
The concept of a constitution, a political entity that determines how a people are governed, emerged in ancient times. The government of the Roman Republic (509–27 BC) influenced the Western world. Later, Romanized Visigoths adopted a charter, the Fuero Juzgo (654), in the Iberian Peninsula that integrated Roman and Visigothic legal systems. The document influenced regional political entities throughout the Middle Ages. In the 13th century, each of the realms of the Iberian Peninsula adopted individual rather than shared fundamental codes. In 1265, King Alfonso X established Castilla’s and Leon’s first constitution, the Siete Partidas. The New World obtained its own legal system, known as the Derecho Indiano (Laws of the Indies). Like the kingdoms of the Iberian Peninsula, those of America created a compact between the monarch and the citizens of each realm rather than Hispanic America as a whole. These systems of uncodified legislation evolved to meet changing circumstances and societal norms. They provided corporations and individuals expanding opportunities for indirect and direct experience in self-government.
In 1808, an unexpected upheaval transformed the Hispanic world. The French invaded Spain. Emperor Napoleon Bonaparte lured the royal family into France, compelled them to abdicate in his favor, and then granted the Spanish monarchy to his brother, José. The Spanish people did not accept the usurper king, José I. They formed the Junta Central to oppose the invaders. As the French continued to conquer the nation, they convened a Cortes, which met on September 24, 1810, in the port of Cádiz. Approximately 220 deputies, including sixty-five Americans and two Filipinos, eventually participated in the extraordinary Cortes of Cádiz. Deputies representing overseas dominions played a central role in developing the most progressive constitution of the 19th century. Despite the political chaos that surrounded the constituent congress, the delegates debated and eventually reached consensus on a modern, flexible charter that reconciled the competing interests of the multiplicity of areas and ideological positions represented at the assembly. They produced a constitution for the entire Hispanic world that made the executive and the judiciary subordinate to the legislature. It also increased the scope of political activity by establishing representative government at three levels: the city or town with a thousand or more inhabitants (constitutional ayuntamiento), the province (provincial deputation), and the monarchy (Cortes). The charter transferred political power from the center to the localities, and incorporated large numbers of people into the political process for the first time by redefining the concept of active citizenship (i.e., those eligible to vote). This fundamental document formed the basis for constitutional development throughout the Hispanic monarchy and for most charters promulgated in the nations that emerged after the breakup of that political entity.
This purpose of this essay is to reveal the diversity of writers responsible for creating the texts of lawsuits in the Spanish empire. It peeks behind the curtain of pages in civil complaints in an attempt to figure out how legal papers actually made it into the court record and who was doing their writing. While historians have recently thrown a spotlight on various official writers, from notaries to native procurators, in fact unidentified, unofficial writers penned quite a few petitions in civil suits. Knowing who wrote the filings in civil cases has a bearing on our understanding of Spanish imperial subjects, their interactions with the law, and ultimately how much of a hand they had in making their own historical record.
Nicole von Germeten
Female occupational and economic choices help clarify understandings of colonial historic agency, especially in the lives of Mexican women who made their income as alcahuetas or “bawds.” These women hosted and managed other women in the marketing and selling of sex acts in the Viceroyalty of New Spain. Viceregal bawds manipulated both the sex lives of their clients and the paternalism of crown justice in hopes of exoneration in court. They walked a precarious legal tightrope, negotiating the fluctuating margins of legal procuring and the transition to more stringent laws against sex for sale. The examples presented here, drawn from contemporary archival documents, show that these women’s lives span most of New Spain’s history, ranging from 1570 to the independence era in the early 19th century. In the 16th century, bawdry resembled the clandestine personal mediation that was common and familiar in medieval and early modern Spain. Bawds working in the 1st century of Spanish rule in Mexico carefully defended their social respectability to contradict evidence that they solicited for clients in the street. Reputable hospitality featured prominently in the early 17th-century procuring, while indigenous-influenced sorcery and love magic dominated the understanding of 17th- and early 18th-century alcahuetas. Lastly, in the 19th century, profitable market exchange characterized professional brothel operations, granting bawds honorable status within their economic and occupational community. Bawds recorded in the archives demonstrate communication skills, entrepreneurialism, and a concern for reputation through all of these eras. These intelligent female survivors offer compelling representations of viceregal women who exercised their personal agency to forge their own economic prosperity.