Granada; it allows them to live in their law and faith and to be judged according to the zunna or Moorish code; it declares their houses inviolable against forcible entry or the free quartering of soldiers; it guarantees them possession of their horses and arms and that they shall never be required to wear badges and finally that the land shall never be alienated from the crown. All this was pledged in the most solemn manner on the royal faith and word.1 Subsequently, on February 11, 1490, a capitulation was drawn up for the city of Almeria which was to serve for all subsequent surrenders. This was even more liberal, containing in addition to the above provisions others which assured the new Mudejares of relief from unjust burdens laid upon them by the native kings; that children born of Christian women should choose for themselves at the age of twelve which religion to embrace; that no Jew or convert should ever hold jurisdiction over them; that no Christian should ever enter their aljamas; that any fugitive Moorish slave coming to Baza or Guadix should be free; that their rights in slaves kept in Barbary should not be disturbed, and it even included the Jews, who were placed on the same level as the Mudéjares if they were natives of Granada, while if they were renegades from Christianity they should have a year in which to return to the faith or to go to Africa.2

This careful detail would seem to assure to the conquered Moors all the rights and privileges which they had enjoyed under native rule, but when the final sur

1 Fernandez y Gonzalez, p. 416.-Coleccion de Documentos inéditos para la Historía de España, VIII. 403.

' Fernandez y Gonzalez, p. 419.-Coleccion, XI. 475.--Pulgar, Crónica, III. cxxv.

render was made of the city of Granada, involving the abdication of Boabdil and the establishment of Christian domination over the whole land, still greater concessions were granted. This was a solemn agreement, bearing date November 25, 1491, and ratified three days later, the surrender and delivery of the city to be made within forty days thereafter. Ferdinand and Isabella, for themselves, for their son the Infante Juan, and for all their successors, received the Moors of all places that should come into the agreement as vassals and natural subjects, to be under the royal protection, to possess all their lands in perpetuity, to be preserved from all oppression, and to be honored and respected as vassals and subjects. They were not to be disturbed in their habits and customs; those who desired to go to Barbary had full permission to sell their property or to leave it in the hands of agents, while for three years they were to be transported at the cost of the crown and subsequently at their own expense. They were never to be required to wear badges, and Jews were to have no authority over them or to be made collectors of the revenues. They were not to be deprived of their mosques, entrance to which was forbidden to Christians. Questions between themselves were to be decided under the zunna or Moorish law by their own magistrates, while suits with Christians were to be heard by a mixed tribunal consisting of the Christian alcalde and Moorish cadi. Moorish slaves of Christian masters, flying to Granada, were not to be reclaimed. Tributes were not to be exacted greater than those paid to the native kings. Those who had fled to Barbary had three years in which to return and enjoy the privileges thus granted. They had free permission to trade with

Barbary and with all places in Castile and Andalusia without heavier imposts than those paid by Christians. Renegades were not to be maltreated by act or word and Christian women married to Moors were allowed to choose their own faith, while no constraint was to be applied to Moors to induce conversion—indeed, any female Moor who through love for a Christian desired to change her religion was not to be received until she had been examined in the presence of Christians and Moors, and if she had taken anything with her it was to be restored and she was to be punished. All Christian captives were to be delivered without ransom and similarly all Moorish ones in Castile and Andalusia were to be set free. All the revenues of mosques and schools and charitable foundations were to be maintained and paid as usual into the hands of the alfaquies, and the governors and magistrates appointed by the new sovereigns were to treat the Moors kindly and lovingly and anyone acting wrongfully was to be visited with due punishment. Even these careful and elaborate provisions did not wholly satisfy the Moors and on November 29th Ferdinand and Isabella made a solemn declaration in which they swore by God that all Moors should have full liberty to work on their lands or to go where they desired through the kingdoms in search of advantage and to maintain their religious observances and mosques as heretofore, while those who preferred could sell their property and go to Barbary.'

The elaborate nature of these compacts shows how carefully the Moors guarded their religious freedom and how

1 Fernandez y Gonzalez, p. 421.—Coleccion de Documentos, VIII. 411.-Marmol Carvajal, Rebelion y Castigo, pp. 146-50.

willingly the Catholic sovereigns subordinated religious to political interests. Had these agreements been preserved inviolate the future of Spain would have been wholly different; kindly intercourse would have amalgamated the races; in time Mahometanism would have died out, and, supreme in the arts of war and peace, the prosperity and power of the Spanish kingdoms would have been enduring. This, however, was too foreign to the spirit of the age to come to pass. Fanaticism and greed led to persecution and oppression, while Castilian pride inflicted humiliation even more galling. The estrangement of the races grew ever greater, the gulf between them more impassable, until the position became intolerable, leading to a remedy which crippled the prosperity of Spain.

At first there seems to have been an intention to carry out these compacts in good faith. When Ferdinand and Isabella left Granada their instructions were to administer them in a kindly spirit and bring about the pacification and unity of the races. Inigo Lopez de Mendoza, Count of Tendilla (subsequently Marquis of Mondejar), was appointed captain-general and sought to follow out this policy. Arrangements were promptly made for transporting to Barbary all Moors who desired to go, and many of them did so, including most of the nobles. A letter, in 1492, to the sovereigns says that the Abencerrages went almost in a body and that in the Alpujarras there were few left save laborers and officials. The continuance of this emigration shows that the Moors were not altogether confident of the good faith of their new masters, and a letter of Ferdinand in 1498 indicates that

1 Janer, Condicion Social, p. 19.

it was still going on and that he was desirous of stimulating it. If, however, he thus regarded his new subjects as undesirable he seems to have wished to increase the population of Mudejares—of those who through generations of intercourse with Christians had accommodated themselves to the situation and were in every way undoubtedly useful to the community. When Manoel of Portugal decreed the expulsion of the Moors from his dominions, Ferdinand and Isabella issued letters, April 20, 1497, permitting them to enter Spain with all their property, either to reside or to pass through and go whither they pleased with their effects except gold and silver and other articles of which the export was prohibited. They were taken under the royal protection and all persons were warned not to molest them in any way.2

The contrast between this invitation and the final action of Philip III. measures the unwise statesmanship which within a century converted friendly subjects into domestic enemies. The process, indeed, was already commencing through infractions of the capitulation of Granada. Boabdil, with wise distrust, had wanted it to receive papal confirmation but was obliged to abandon the demand, and its disregard commenced with the appointment as alguazil of

1 Coleccion de Documentos, XI. 569; XIV. 496.-Janer, p. 127. 2 Archivo General de Simancas, Patronato Real, Inquisicion, Legajo único, fol. 4. See Appendix No. I.

When, in 1497, at the instance of the Castilian sovereigns, Manoel expelled from Portugal all Jews and Moors who refused baptism, he deprived the former of their children under fourteen years of age, causing despair which moved even the Christians to compassion. He spared to the Moors this cruelty through a dread of reprisals on his subjects by the Mahometan powers.-Damião de Goes, Chronica do Rei Dom Manoel, P. 1. cap. xviii., xx.