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THE POLITICAL AND SOCIAL DYNAMICS OF POVERTY, POOR RELIEF AND HEALTH CARE IN EARLY-MODERN PORTUGAL By the end of the ��eenth century most European countries had witnessed a profound reformation of their poor relief and health care policies. As this book demonstrates, Portugal was among them and actively participated in such reforms. Providing the �rst English language monograph on this topic, Laurinda Abreu examines the Portuguese experience and places it within the broader European context. She shows that, in line with much that was happening throughout the rest of Europe, Portugal had not only set up a systematic reform of the hospitals but had also developed new formal arrangements for charitable and welfare provision that responded to the changing socioeconomic framework, the nature of poverty and the concerns of political powers. �e de�ning element of the Portuguese experience was the dominant role played by a new lay confraternity, the confraternity of the Misericórdia, created under the auspices of King D. Manuel I in 1498. By the time of the king’s death in 1521 there were more than 70 Misericórdias in Portugal and its empire, and by 1640, more than 300. All of them were run according to a uni�ed set of rules and principles with identical social objectives. Based upon a wealth of primary source documentation, this book reveals how the sixteenth-century Portuguese crown succeeded in implementing a national poor relief and health care structure, with the support of the Papacy and local elites, and funded principally through pious donations. �is process strengthened the authority of the royal government at a time which coincided with the emergence of the early modern state. In so doing, the book establishes poor relief and public health alongside military, diplomatic and administrative authorities, as the pillars of centralisation of royal power. Laurinda Abreu is Professor of History at the University of Évora, Portugal. She is director of the University of Évora’s Erasmus Mundus PhD, Phoenix JDP – Dynamics of Health and Welfare. She was the coordinator (2001–09) of the Phoenix TN – European �ematic Network on Health and Social Welfare Policy, and President (2011–13) of the European Association for the History of Medicine and Health. Her recent publications include a co-edited book with S. Sheard (eds), Hospital Life: �eory and Practice �om the Medieval to the Modern; and Pina Manique: um reformador no Portugal das Luzes. Christopher J. Tribe is a freelance translator based in the UK. He has also translated Pedro Páez’s History of Ethiopia, 1622 (ed. Boavida, Pennec & Ramos), and �e English in Brazil by Gilberto Freyre. �e History of Medicine in Context Series Editors: Andrew Cunningham and Ole Peter Grell Department of History and Philosophy of Science University of Cambridge Department of History Open University Titles in the series include Uroscopy in Early Modern Europe Michael Stolberg �e British Pharmacopoeia, 1864 to 2014 Medicines, International Standards and the State Anthony C. Cartwright Anatomy and Anatomists in Early Modern Spain Bjørn Okholm Skaarup �e Fate of Anatomical Collections Edited by Rina Knoe� and Robert Zwijnenberg Sudden Death: Medicine and Religion in Eighteenth-Century Rome Maria Pia Donato �e Political and Social Dynamics of Poverty, Poor Relief and Health Care in Early-Modern Portugal LAURINDA ABREU University of Évora, Portugal Translated by Christopher J. Tribe First published 2016 by Routledge 2 Park Square, Milton Park, Abingdon, Oxon OX14 4RN and by Routledge 711 �ird Avenue, New York, NY 10017 Routledge is an imprint of the Taylor & Francis Group, an informa business © Laurinda Abreu 2016 �e right of Laurinda Abreu to be identi�ed as author of this work has been asserted by her in accordance with sections 77 and 78 of the Copyright, Designs and Patents Act 1988. All rights reserved. No part of this book may be reprinted or reproduced or utilised in any form or by any electronic, mechanical, or other means, now known or herea�er invented, including photocopying and recording, or in any information storage or retrieval system, without permission in writing from the publishers. Trademark notice: Product or corporate names may be trademarks or registered trademarks, and are used only for identi� cation and explanation without intent to infringe. British Library Cataloguing in Publication Data A catalogue record for this book is available from the British Library �e Library of Congress has cataloged the printed edition as follows: Names: Abreu, Laurinda. Title: �e political and social dynamics of poverty, poor relief and health care in early-modern Portugal / by Laurinda Abreu. Description: 2016. | Series: �e history of medicine in context | Includes bibliographical references and index. Identi�ers: LCCN 2015026609 | ISBN 9781472477255 (hardcover : alkaline paper) | ISBN 9781315554525 (ebook) | Subjects: LCSH: Poor–Services for Portugal–History. | Poor–Medical care–Portugal–History. | Poverty–Social aspects–Portugal–History. | Poverty–Political aspects–Portugal–History. | Charities–Portugal–History. | Public welfare–Portugal–History. | Medical policy–Portugal–History. | Portugal–Social policy. | Portugal–Politics and government. | Portugal–Social conditions. Classi�cation: LCC HV4129.A3 A25 2016 | DDC 362.109469/09031–dc23 LC record available at http://lccn.loc.gov/2015026609 ISBN: 9781472477255 (hbk) ISBN: 9781315554525 (ebk) Typeset in Garamond Premier Pro http://lccn.loc.gov/2015026609 Contents List of Figures and Tables vii Introduction 1 PART I CHARITY AND POOR RELIEF IN PORTUGAL AT THE DAWN OF THE EARLY MODERN PERIOD: THE ORGANISATION AND CONSOLIDATION OF CROWN AUTHORITY 1 Social and Political Contexts 9 2 ‘For the Bene�t of the Body’: Hospital and Health Care Reform 25 3 Epidemic Control 45 4 �e Foundation of the Misericórdias 55 5 �e Organisation of the Welfare ‘System’ 89 6 �e Funding of Poor Relief 113 PART II INSTITUTIONS AS SOCIAL ACTORS MEDIATING BETWEEN SOCIETY, THE AUTHORITIES AND INDIVIDUALS 7 Poor Relief in an Institutional Context 137 8 �e Movement to Found Con�nement Institutions 147 9 �e Population of Female Recolhimentos: ‘wives, nuns and prostitutes’ 165 10 Hospitals and their Users 193 11 Prisons and Misericórdias 219 �e Political and Social Dynamics of Povertyvi Conclusion 257 Sources 263 Bibliography 271 Index 297 List of Figures and Tables Figures 5.1 Municipalities Required to Finance the Training of Doctors and Apothecaries 92 5.2 Municipalities Required to Finance the Training of Doctors and Apothecaries; Misericórdias 94 5.3 Municipalities that Financed Training and Hired Doctors, Apothecaries and Surgeons 95 10.1 Espírito Santo Hospital, Évora: Hospital Admissions 1628–1753 211 10.2 Espírito Santo Hospital, Évora: Monthly Admission Figures 213 Tables 8.1 Poor Relief Institutions (c. 1540–1804) 148 10.1 Patterns of Hospitalisation in Espírito Santo Hospital, Évora 214 This page intentionally left blank Introduction Poor relief in the early modern period is now a well-established �eld of study. It has attracted a large number of researchers, who have taken a variety of approaches and focused on many di�erent aspects. �is book examines how this �eld developed in early modern Portugal in tandem with the incipient forging of the state. It draws on the work of historians such as Paul Slack, who, particularly since the 1980s,1 have emphasised the political nature of the subject.2 More speci�cally, the intention here is to place poor relief and public health alongside war, the army, diplomacy and government on the list of topics that are usually identi�ed as pillars of centralised royal power. �e people were essential to the political authorities, and not only in numerical terms. As a rule, the number of poor people receivingrelief was quite small, excluding, of course, the poor who received alms given spontaneously, either in an institutional context or privately, the social impact of which will always be impossible to evaluate. �is is because the eligibility criteria for receiving formal poor relief – charity given in an institutional context with some degree of bureaucratic control3 – served as a powerful �lter, which limited the number of potential users. Not all poor people could satisfy the moral canons, the physical and age requirements that prioritised the old, the very young, the disabled, the sick and their families and those who were temporarily or permanently unable to work, as well as certain circumstances associated with an individual’s life history4 and the requirement of a �xed abode.5 Even if all these conditions were ful�lled, there was no guarantee that a poor person would be accepted for relief in a highly competitive world of scarce resources. In the mid-seventeenth century, only 6 per cent of the population of Antwerp received institutional aid either regularly or sporadically;6 the same percentage was found in towns in Catholic 1 See Grell and Cunningham, 1997, pp. 1–17. 2 See Barry and Jones, 1994. �is does not mean that the role of the religious values and principles that dominated early modern society should be underestimated. Of the abundant literature on these issues, see in particular Parker, 1998. 3 Hindle, 2004, and Dinges, 2004, pp. 23–50. 4 Woolf, 1986. 5 Even if the variability of this socially constructed concept (poor) is taken into account. See Simmel, 1965, pp. 137–8. 6 Roughly 4,000 of the city’s 63,000 inhabitants. See Soly, 1997, p. 98. �e Political and Social Dynamics of Poverty2 Germany7 and in Stockholm, among other European cities.8 In Portugal, Évora was not far o� this mark, perhaps with 7–8 per cent, if one includes the charity handed out in the hospital – which mainly looked a�er migrant workers – and the safe-conducts given to help poor people, mostly non-residents, to leave the city. In Lisbon only 1.5 per cent of the population was succoured by the misericórdia (House of Mercy) in the �nancial year 1715–16, which was probably about average for the number of poor people helped each year. �ese �gures are low9 in comparison with a number of estimates suggesting that 30–50 per cent of Europe’s population in the late Middle Ages and early modern period was living below the poverty line.10 At this point, however, we need to broaden our �eld of view to include the various bodies involved in helping the poor. �is examination should not be con�ned to those organisations that had the means to operate as instruments of social normalisation and thereby serve the purposes of the authorities and dominant groups, but should embrace society in general. Poor relief was a factor for social cohesion and was seen as such by the authorities, which were o�en open to interactions and negotiations that were of undeniable socio-political signi�cance.11 Furthermore, for many people poor relief also provided an occupation and allowed access to bene�ts that would otherwise be denied to them. �e case of foster-mothers for foundling infants is already relatively well known. An occupation discussed below is that of alms collectors, a highly sought-a�er activity practised by a large number of men who, by appealing for donations for the poor, li�ed themselves out of manual labour and paying taxes. �e operational concepts of collective action and actors with interests, as formulated by Dorothy Porter12 and Marco Van Leeuwen,13 are signi�cant in this context. One of their main advantages is that they are integrative, embracing all the actors involved in poor relief: those who provided the funds, those who organised their distribution (not necessarily the same groups), and the bene�ciaries. 7 Between 6 and 10 per cent in some cases. See Roeck, 1999, pp. 283–4. 8 Kouri, 1997, p. 182; Slack, 1988; Jütte, 1996a, pp. 53–4. A little later, between 1755 and 1794, it was 7–13 per cent in several towns in the Netherlands. See Lis and Soly, 1985, pp. 194–5. 9 João Brandão calculated roughly 1,000–2,000 poor people begging in Lisbon in 1552. João Brandão, 1990, pp. 89–90. 10 �e complexity of this issue is discussed by John Henderson and Richard Wall, in their excellent introduction to Poor Women and Children in the European Past, 1994. 11 Munck, unpublished. 12 Dorothy Porter, 1999a, pp. 9–21, and 1999b. On the application of these tools to the Portuguese case, see Abreu, 2010b, pp. 347–71. 13 Van Leeuwen, 1994, pp. 589–613. Introduction 3 More recent works have shown that, once the poor had become part of the relief ‘system’, they were able to interact with it to varying degrees, not least because they then had an acknowledged social role, such as ensuring the reproduction of the existing social order, providing labour or – because of the residence requirement – preventing the spread of epidemics, a matter of great concern to the dominant elites. It may be argued that they were actors with limited abilities, not least because their actions were almost always motivated solely by the need to survive. �at may be true, but an analysis focusing on people rather than numbers shows that the poor were able to act consciously and, in some cases at least, with a certain moral sense of dissent as active subjects of their own history,14 although obviously within the bounds of their powers and social capital.15 �ey did so without resorting to violence or the force of any movement that was in the least organised, but just fought with the means that the system itself placed at their disposal, in a tacit game that required the collaboration of those that controlled it. �is assumption implies rescuing the socially integrated poor from being seen exclusively as victims of a society that oppressed them and subjected them to many di�erent kinds of discipline and social control16 applied in relatively subtle or pedagogically highly visible manners – such as the renfermement policies,17 which researchers drawing on Foucault’s early theories18 believed were dominant in early modern Europe. �at, of course, does not invalidate the pre-eminence of the authorities in all these processes. In Portugal, the policies that prevailed right from the start – in other words, from the �nal years of the ��eenth century onwards – were those of the crown, and it was within that framework that the various social groups were constrained to act. What areas of intervention were favoured by the crown in terms of poor relief and public health? What strategies did it develop for each area? How were the various actors recruited to implement its policies, and how were they made to participate �nancially?19 How were welfare responsibilities shared out among the various authorities? How did society put the crown’s 14 �ompson, 1968. 15 A genealogy of this concept, coined by R. Putnam, with an account of its various applications is provided in Szreter, 2002, pp. 573–621. 16 For a discussion of these concepts and their application, see Spierenburg, 2004, pp. 1–22. 17 Some studies on these issues are discussed by Jones, 1996b, pp. 51–63. 18 See especially Folie et déraison: Histoire de la folie à l’âge classique, 1961; Surveiller et punir, 1975. 19 �e implementation of King Manuel I’s donation of 1 per cent of all Crown income to pious works in October 1516 has yet to be studied. See Systema, ou Collecção dos Regimentos Reaes: contém os Regimentos pertencentes á Administração da Fazenda Real, 1783, vol. I, pp. 122–3. �e Political and Social Dynamics of Poverty4 policies into e�ect? How did the various actors interact to distribute resources? And what role was reserved for the poor? �ese are some of the questions discussed in this book, which is organised into two distinct but complementary parts. �e �rst, Charity And Poor Relief in Portugal atthe Dawn of the Early Modern Period: the Organisation and Consolidation of Crown Authority, reveals how society and the authorities developed the concept of the ‘deserving poor’ to describe institutional resource users. �is notion leads into the crown’s exclusive area of intervention and the measures whereby it gradually came to control the mechanisms of social welfare. King Manuel I unhesitatingly followed the path marked out by his predecessors, transforming scattered, incomplete initiatives into a coherent, structured system. �e government’s interventions in hospitals, in the healthcare professions and in disease control are highlighted, while the misericórdias are seen not only as vehicles for the new charitable and welfare practices that the crown wished to establish throughout the country, but also as a means of reinforcing royal power, insofar as each one brought central government in�uence to the periphery. As the welfare �eld expanded both semantically and functionally, the crown reached areas in which it had never acted before, strengthening the connection between poor relief and health and adopting coordinated measures addressing both of these areas and the actors involved in them. �is part of the book also examines the political discourse that sought to regulate the professions and procedures associated with health care and poor relief. �e establishment of the medical ‘system’ and the grain store project are discussed as evidence that the crown took an integrated view of health and welfare issues. Also highlighted are the roles that the monarchs assigned to the local councils and the misericórdias, the methods they used to organise the funding of their social policies and the taxes that they imposed on the towns and requested from the church. �e second part, Institutions as Social Actors Mediating between Society, the Authorities and Individuals, focuses on welfare institutions, in the broad sense of the term, and their users. Against the backdrop of a veritable obsession with institutionalisation as a way of resolving or preventing deviant behaviours associated mostly, but not only, with poverty, it provides an overview of recolhimentos (cloistered retreats for girls and women), hospices, mercearias (means of subsistence or endowed houses for poor people who pray for the donor’s soul) and orphanages, and discusses the crown’s interest in moral and religious education and in social regulation and discipline, which it shared with the church and also private individuals. In addition, there were the hospitals and prisons, which of all the institutions were the ones that most prompted the crown to intervene for the sake of more e�ective poor relief. In both cases, the actual relief provided and the government’s real aims are called into question, particularly a�er the misericórdias were granted such signi�cant and wide- ranging powers to work in prisons. With regard to the users, and leaving aside Introduction 5 any gender concerns,20 the primary emphasis is on the actors, whether men or women. When discussing the various agents and negotiations, the book assesses the gap between what was stipulated in the normative discourses and what happened in reality, or at least that part of reality for which we have documentary evidence. Prisons deserve particular attention in this respect, given the speci�c pro�le of the poor inmates that the misericórdias helped and the kind of work that the confraternities carried out there. In the initial plans for this book, which were o�en revised as the subject matter became ever more complex, and as additional answers were required as new questions arose, the second half of the eighteenth century seemed to form a natural cut-o� point. A�er that reforms (not many) were undertaken by the Marquis of Pombal in the areas in question, and some proposed reforms were put forward, especially in the intellectual milieu, that developed around the Portuguese Royal Academy of Sciences, created in 1779, as well as the educational and repressive policies of the Casa Pia, founded in 1780, an institution for beggars and deprived children. However, the dynamics that developed a�er 1780 in both poor relief and public health, the variety of the sectors involved, the thoroughness of the measures introduced and the way in which practice accompanied political decision making, soon showed that the period in which Diogo Inácio de Pina Manique directed the Intendancy-General of Police (1780–1805) represented a di�erent world requiring its own speci�c approach. It was decided therefore to allow the Intendant to follow his own path, which has been investigated in Pina Manique. Um reformador no Portugal das Luzes (Pina Manique: A reformer in Enlightenment Portugal).21 It should also be pointed out that this book does not provide a synthesis of poor relief in Portugal in the early modern period, nor does it propose to revisit the extensive literature available on welfare practices.22 Instead, it attempts above all to examine the changes in the legal frameworks that organised the issues in question, not least because it was clear from the outset that the crown was gradually increasing its control of social, individual and collective behaviours over this period. �e primary aim is to take a longue durée approach to observe how people reacted and how individuals and groups resisted the general rules and adapted them to their own interests. �is aim may appear over-ambitious, particularly since the study dares to look at the country mostly through the lens of the central archives, even though they were amassed from di�erent social policy areas. �ese archives are held in the Ajuda Library, the National Library of Portugal, the Academy of Sciences and the Torre do Tombo National 20 On these questions, see Henderson and Wall, 1994, p. 22. 21 Abreu, 2013a. 22 Especially that produced since 1990. See Abreu, 1990; Sá, 1997; Maria Marta Lobo de Araújo, 2000a, Maria Antónia Lopes, 2000. �e Political and Social Dynamics of Poverty6 Archive, the last with a particular emphasis on the Chancelleries and the Board of Conscience and Orders (Mesa da Consciência e Ordens). Documentation from local archives is interspersed only here and there, the Portugaliae Monumenta Misericordiarum and local history monographs deserving special mention. Lastly, the city of Évora is admittedly overrepresented in this book, because for several years it has been the subject of systematic research conducted within projects funded by the Portuguese Science and Technology Foundation (FCT),23 which has resulted in a relational database containing over 400,000 individual name records from between 1535 and 1800, cross-referencing parish demographic records with the welfare institution archives that survive. Its immense potential, which has only been partially harnessed here, includes the possibility of reconstructing life histories and following families through the welfare system over several generations; this work has been started by Rute Pardal in her doctoral thesis.24 �e research embodied in this book began in 1984, under the supervision of Professor António de Oliveira; since then I have broadened its scope and developed additional approaches, which have resulted in a number of works, some of them reused here. �e European programmes in which I have taken part have provided particularly valuable learning opportunities. �rough them I have established fruitful contacts with colleagues with a variety of di�erent research experiences, who have been exceptionally generous in sharing their knowledge; Patrice Bourdelais, Sally Sheard and Jan Sundin deserve special thanks. I owe a debt of gratitude to all my friends and colleagues, old and new. Rute Pardal, Rute Ramos, Joana Troni, Luísa Gama, Ricardo Pinto, Alexandra Marques and Luís Gonçalves have taken part in the above-mentioned FCT projects at di�erent times and to di�erentdegrees, together with others who have made more occasional contributions. I thank them all for the professionalism and commitment they have devoted to the research. I must also thank Margarida Sobral Neto for her careful reading of the text and Maria de Fátima Lopes for the thorough �nal revision. My gratitude also goes, as ever, to my family, and to those who helped me design this book, watched me develop it and encouraged me to �nish it. 23 �ese projects are detailed in Abreu, 2014, footnote 25. 24 Pardal, forthcoming 2015. PART I Charity and Poor Relief in Portugal at the Dawn of the Early Modern Period: �e Organisation and Consolidation of Crown Authority This page intentionally left blank Chapter 1 Social and Political Contexts �e profound changes in production structures that had begun to appear in Europe towards the end of the Middle Ages against a background of widespread economic downturn primarily penalised the most vulnerable groups, who �ooded into the towns in search of work, relief or alms, thereby adding to the di�culties that were also being felt there.1 Like wars, epidemics were an integral part of the cycle of recession that had taken hold in the mid-fourteenth century, and they had recurred at intervals ever since the Black Death, throwing life in the a�ected areas into disarray sometimes for long periods.2 �ey added a further dimension to the economic and social problems, to the extent that the authorities were forced to seek ways to address them. In Italy, the towns that were the �rst to face the plague were also the swi�est at developing methods to combat it, and in doing so they ended up opening the doors to new social groups and giving them political opportunities. In most cases, it was the local authorities who stepped forward with innovative public health schemes developed around the health boards,3 which were supported by a bureaucracy that was already somewhat complex. �ese schemes were later adopted in England, France, Spain and Portugal. In these countries, however, the new public health policies were mostly issued by the crown, even though their implementation fell to the towns. �e fear of epidemics at a time of intense migration,4 which was of particular concern when spurred on by poverty,5 legitimised the intervention of central government and gave it a good excuse to tighten its grip on the land and people and prevent communities from uprooting themselves, which would reduce tax revenue and military conscription,6 both of which were essential to the emerging state. 1 For a discussion of the urbanisation of rural people that resulted from this process, see Geremek, 1982, p. 188. 2 Bourdelais, 2003, p. 27. 3 According to the review of the subject given by Cavallo, 1995, pp. 44–57. See also Cavallo, 1989, pp. 93–122; Pullan, 1994a, pp. 101–23; and Palmer, 1999, pp. 87–101. Hospitalisation is a controversial issue and was felt to be so at the time, according to Biraben, 1975, p. 173. 4 Teresa Ferreira Rodrigues (ed.), 2009, pp. 159–96. 5 Gutton, 1974, pp. 262–86. 6 Geremek, 1991 is still essential reading for an overview of the way this problem has been dealt with in the literature. �e Political and Social Dynamics of Poverty10 In Portugal, King Manuel I (1495–1525) unequivocally regarded epidemic control as a matter for central government. On the basis of the 1471 provisions,7 he set out to tackle the plague which ‘so o�en’ (‘tão amiúde’) assailed Lisbon8 by urging the city council to invest in developing a public health department9 and requiring it to introduce prevention measures; he did this against the wishes of the aldermen, who were more concerned about the �nancial impact of the restrictions than about medium-term planning. In 1510 Manuel I also sought to turn Lisbon’s temporary casas da saúde (‘healthcare homes’), which sprang up whenever there was an outbreak of plague only to close down when it was over,10 into permanent institutions,11 with plans for a great hospital, which were sent to the council on 23 July 1520. Designed (‘as you will see from the painting of everything’ – ‘como vereis pela pintura de tudo’) to have 160 beds, as well as workshops and other ‘necessary o�ces’ (‘casas necessárias’), the new hospital was to be built beside the river in Alcântara, as it was some distance from the city and also because there was ‘plenty of water and space for burials’ (‘muita água e lugar para os enterramentos’) and building materials could easily be transported there. It was expected to cost �ve million réis; the king agreed to provide one million réis and required the city council to match that amount and collect the remainder from the people through an extraordinary tax. �is tax was not to spare anybody – not even those who traditionally enjoyed tax exemption privileges – because of the public utility of the undertaking, ‘since this matter seems to us so necessary and bene�cial for all the health of this city and also of all the kingdom’.12 �e king’s death in December 1521 caused the plans for the plague hospital to be abandoned, re�ecting the crown’s di�culty in maintaining the strategies that had been marked out, although it did not represent a volte-face. As Maria José Pimenta Ferro Tavares concluded in her analysis of medieval public health policies, ‘in contrast to other forms of welfare, in which private individuals were paramount, plague relief saw the direct involvement of the local authorities and the crown. Between them, they took responsibility for public health in a way that had nothing to do with charity, which until the end of the ��eenth century had been the primary basis for poor relief ’.13 �at was the situation 7 �e earliest references to the segregation of plague victims are found in a royal letter of 26 January 1480. See Gusmão, 1958, part I, p. 98. 8 Eduardo Freire de Oliveira, 1885–1911, vol. I, p. 452, note 1. 9 Ibid., p. 453. 10 Ibid., p. 468. 11 See Teresa Ferreira Rodrigues, 1997, pp. 134–5. A�er several attempts by Manuel I’s predecessor João II in Évora, his successor João III came up against the same resistance from the council. ADE, ACME, Livro III dos Originais, No 73, f. 141, document of 2 March 1531. 12 ‘… por esta coisa nos parecer tão necessária e proveitosa para toda a saúde dessa cidade e ainda de todo o reino’. Eduardo Freire de Oliveira, 1885–1911, vol. I, pp. 452–512. 13 Tavares, 1987, p. 32 (translation by Christopher J. Tribe). Social and Political Contexts 11 at the beginning of the sixteenth century, but the town councils had lost their ability to act independently, and they remained thus constrained until at least 1804.14 Something very similar was happening with the regulation of professions associated with the ‘curative arts’,15 hospital reform, foundling care16 and the organisation of formal relief mechanisms for prisoners and the poor, which underlay the creation of the misericórdias, as the crown was taking control of all these areas. My intention in the pages that follow is to revisit this process in the light of the political changes taking place at the time. First, however, another factor that accompanied these reforms and in some cases shaped them must be examined: the way in which access to health care and poor relief was regulated. While laws against begging and vagrancy were nothing new in late medieval Portugal, they gained a special place during the Black Death and the other plagues that followed and, as I shall try to show, they are one of the factors that best express the change in attitudes towards the poor and poverty in general.17 Defining the Deserving Poor No matter how generous the religious institutions, the clergy, the nobility or anonymous individuals might be, and no matter how well the poor might be integrated into the economy of salvation, which granted them relief in exchange for spiritual favours, the resources available simply could not keep up withthe growing number of paupers, which since the 1480s had been rising in line with the recovery from demographic recession.18 How to develop e�ective ways to expel impostors, prevent idleness and the evils associated with it, and select the most deserving out of the hordes of poor people became key concerns for the authorities. �e delimitation of the ‘deserving poor’ concept was a factor that helped shape social policy in early modern Europe, a process that can only be understood in conjunction with the measures that were introduced to tackle unauthorised travel and begging. In this as in many other respects, the Portuguese crown acted in line with its European counterparts and, like them, justi�ed its repression of beggars and vagrants with what it interpreted as concerns felt by the settled 14 Abreu, 2013a, pp. 308–17. 15 �e public health statute that João II gave to the City of Lisbon in 1492 is extremely important in this respect. ADE, ACME, Livro III dos Originais, No 73, f. 182. 16 Tavares, 1987, pp. 17–32. �e earliest municipal ordinances known in Portugal are from Évora in the last quarter of the fourteenth century. 17 Geremek, 1987, pp. 30–36. 18 Costa, Lains and Miranda, 2011, pp. 74 et seq. �e Political and Social Dynamics of Poverty12 and socially included population.19 Evidence of this may be found, for example, in the laws against foreign beggars20 and the laws that reduced unauthorised mendicants to near slavery.21 �ere are many signs that tramps or wanderers (‘andantes’) were poorly tolerated by society, as the common people showed at the Cortes (assembly of the estates of the realm) held in Lisbon in 1371.22 In the early sixteenth century, the representatives of the town of Santarém at the Cortes made their aversion to those who ‘want neither to �nd a trade, nor to live with others’23 quite clear, declaring that those who had no known livelihood could only ‘live by wrongdoing’ (‘viv[er] de mal fazer’).24 In both cases communities explicitly refused to welcome those who did not accept the established rules and sought to live on the means of others;25 with the exception of the mendicant religious orders,26 people tended to see beggars as bringers of destabilisation and usurpers of their goods. �e fact that lodging houses for pilgrims, which also put up beggars and vagrants, allowed them to stay for only short periods (no more than three days as a rule27) re�ects the mistrust in which they were held. Furthermore, the notion of work as a factor of social inclusion had long been current, giving charity a markedly moralistic tone.28 �at partly accounts for the generosity shown towards workers who settled in communities either seasonally or more 19 �e de�nition of bashful poor closely follows that given in Abreu, 2007c, pp. 95–119, and 2007b, pp. 41–66. 20 Armindo de Sousa, 1990, vol. II, p. 280. 21 Unauthorised begging could sometimes trigger violent reactions from local people, even against legally protected groups such as ‘wandering lepers’ (‘gafos andantes’). See PMM, vol. 2, p. 141 and also doc. 90, pp. 208–9. 22 In this case, the people not only expressed their apprehension towards wanderers who had no roots and no social obligations, but also demonstrated the importance attached even then to deportation as a means of protecting communities. PMM, vol. 2, doc. 62, p. 125. 23 ‘… nem querem procurar mester, nem viver com outrem’. Ordenações Afonsinas (OA), book IV, pp. 141–2. 24 Cortes de Lisboa de 1410, PMM, vol. 2, doc. 64, p. 126. 25 �ey asked the power to decide who should be granted a begging licence to be restored to the municipal; a similar measure was decided by the King of Castile a�er the Madrid Cortes in 1435. A request was made for beggars to be expelled from Portugal at the Cortes of Santarém in 1410. 26 Moreno, 1990, p. 57. 27 For France, see Mollat, 1974. 28 �e royal letter of 8 December 1401, addressed to the magistrate of Lisbon, stated that ‘our land is not tilled or improved, nor are cattle raised on it through lack of servants, and there cannot be any since many men and women who are still able to serve lie down to beg’. (‘a nossa terra não é lavrada, nem aperfeiçoada, nem se criam em ela gados por míngua de servidores, que não podem haver porquanto muitos homens e mulheres que ainda são para servir se deitam a pedir’.) See Eduardo Freire de Oliveira, 1885–1911, vol. I, p. 307. Social and Political Contexts 13 permanently and showed that they had assimilated their rules. At a time when the majority of the population lived in poverty, the concern to prevent the poor from falling into destitution and indigence led to the creation of mutual support systems – either through informal help at family or neighbourhood level, or in institutions founded by individuals or corporations29 – to provide support when there was no work, for a new family, when a family split up or at times of sickness or death. �e confraternities played a vital role in supporting communities during this period.30 Royal concerns about beggars and vagrants can already be found in the Livro das Posturas (Book of Ordinances) written by King Afonso II in 1211, but it was the Lei das Sesmarias (Law on Royal Land Grants) of 1375 that put forward the �rst systematic set of rules governing idleness and false poverty. Usually studied as an instrument promoting the development of farming in the wake of the Black Death, the Lei das Sesmarias also followed the model of the English Statute of Labourers of 1349 and the Castilian Ordenamiento de menestrales y posturas of 1351, and set out the main threads of government policy on begging:31 alms were no substitute for work, which was made compulsory for all, including the disabled; the false poor were to be punished by way of example (whipping in private on the �rst o�ence and in public on the second, followed by banishment); and licences to beg could only be granted to the very weak, the old, the sick and the ‘bashful’ or ‘shamefaced’ poor’.32 Although the law accepted mendicancy as a means of subsistence, it restricted it severely, speci�ed the kind of poor person who deserved to be helped, and de�ned as ‘bashful’ poor those who were unable to work because of their social condition – in this respect it should be noted that the humiliation related to the work and not the begging, which in this case was seen as socially acceptable and not something to be hidden. �e law also established a means of policing the people, based on a relatively elaborate system of local informers commanded by the ‘worthiest in the land’ (‘melhores das terras’).33 �e Lei das Sesmarias was to guide the Portuguese monarchy’s approach to these issues until the end of the early modern period in the country. It already included the main elements usually considered revolutionary in the ideas put forward much later, although in a rather more developed form, by Juan Luis Vives (1492–1540): the need to distinguish poor people who were capable of working from those who could be authorised to beg; regular inspections of the 29 Mollat, 1973, vol. I, pp. 13–15. 30 �e literature on this subject is extensive. See in particular Coelho, 1993, pp. 61–100. �e important role played by the monastic orders in this �eld should not be overlooked. See Mattoso, 1973, vol. II, pp. 637–70. 31 Mollat, 1966, pp. 5–23. 32 OA, book IV, title XXXI, Das Sesmarias, 1375, pp. 281–304. 33 OA, book IV, pp. 289–92. �e Political and Social Dynamics of Poverty14 latter group; and protection for the bashful poor. Vives did develop a novel formulation of the bashful poor concept34 based on religious texts and the work of certain lay authorities, who the author of De pauperum subventione (‘On the Relief of the Poor’) believed should alone be responsible for the organisation and delivery of poor relief. �e lists of cities that stood out in passing laws against beggars in sixteenth century Europe – Nuremberg, 1522;Strasbourg and Leisnig, 1523–24; Zurich, Mons and Ypres, 1525; Venice, 1527–28; Lyon, Rouen and Genoa, 1531–35; Paris, Madrid, Toledo and London, 1540; Brandenburg, 154035 – may vary in length according to the historians who compiled them, but they all systematically omit Portugal. Yet Portugal surpassed all the examples mentioned in the scale of enforcement. Since the end of the ��eenth century the Portuguese rulers’ charitable and social policies had featured the three elements that Paul Slack, summarising Margo Todd,36 identi�es as underlying humanist thinking and attitudes towards the countryside in the �rst half of the following century:37 Christian charity, moral reform and leadership by the public authorities. �e �rst of these, based on the principle that the better-o� had obligations towards the poor, and not just to save their own souls or for their own moral and social bene�t, was fully re�ected in the 1498 Compromisso (constitution) of the Lisbon Misericórdia confraternity. Moral reform, which was so dear to the heart of humanists, and with it the advocacy of work as a value that shapes society, arrived in sixteenth-century Portugal through the Lei das Sesmarias, as mentioned above. Public authority intervention in social issues, the last of Todd’s three elements, was conspicuous in Portugal, as will be demonstrated later.38 �e nation-wide scope of the measures restricting begging was perhaps the most notable sign of this. Going beyond King Manuel I’s legislation,39 the order (alvará) of 4 November 154440 was the most important piece of legislation since the Lei das 34 Vives, 1525. See also Martz, 1983, pp. 7–15 35 Slack, 1988, pp. 8–9. For a more complete list, see note 16 on p. 15. 36 Todd, 1987. 37 Slack, 1995, pp. 6–7. 38 Portugal deserves the same status that Paul Slack attributed to England when he compared the English situation with that of France and Germany. See Slack, 1988, particularly pp. 23, 116 and 119–21. 39 PMM, vol. 3, doc. 88, p. 242. �e Ordenações Manuelinas (OM) speci�ed 20 days as being the longest anyone without work could stay in a particular place. A�er that they were liable to be imprisoned, �ogged or transported. See OM, book V, title LXXII, 1984, pp. 224–5. 40 �is was preceded by the law of 1538, which reiterated the conditions that could lead a false beggar into slavery (which were much more onerous than in the similar English Social and Political Contexts 15 Sesmarias. Named by King Sebastião the Lei dos Vadios (Law of Idlers),41 and regarded by some late eighteenth-century social reformers as a model of good practice,42 it �rst applied only to the ‘place where His Highness was with his court’ (‘lugar em que Sua Alteza estivesse com sua corte’), but it was amended in 1558 and extended to the whole country. Grounded in the association between begging and idleness in a period that did not yet question the e�ects of a lack of work,43 the order lists repressive measures arranged clearly and simply in a progressive hierarchy: on the �rst o�ence transgressors should be jailed, publicly �ogged and expelled from the locality where they had committed the crime of unauthorised begging; if they were caught again, they would not only be jailed and �ogged, but would also lose their property, if they had any, and would be banished from the city for life; on the third o�ence they would be transported to Brazil for 10 years, which in practice could mean that they would never set foot in Portugal again. �e procedures for granting begging permits continued the late-medieval model, with its emphasis on the need for the poor to be self-su�cient, even if they were disabled. To that end, a number of possible occupations was presented, which were to be applied according to the extent of the person’s physical limitations. For example, the ‘in�rm of the feet’ (‘doentes dos pés’) should learn the trade of tailors, shoemakers or similar, those with deformed hands (‘defeitos nas mãos’) should be sent to work with the religious, while the blind should help blacksmiths or locksmiths ‘to work the bellows for them’ (‘para lhes tangerem os foles’). �e whole process was marked by a high level of bureaucracy and had to be recorded in writing. To be granted the status of licensed beggar a person had to provide proof of confession; renewal of the licence at the end of the year was contingent upon knowing the Pater noster, Ave Maria, Credo and Salve Regina. Under no circumstances could foreigners be authorised to beg, even if they were obviously in need or there was an ‘acceptable’ justi�cation; Córdoba and other Castilian towns had been enforcing this rule since the 1520s.44 �e crown relied on the poor themselves and their social networks to spread the news of where and when potential beggars would be examined. �e 1544 order established a number of links with the welfare measures that were being developed at the time. �e most obvious was the care given to sick law of 1547). See Lião, [1569], 1987, part IV, title XIII, law 1, pp. 154v–155. �e law proved ine�ective in England, and probably in Portugal as well. See Slack, 1995, p. 10. 41 Lião, 1987, pp. 155–7. �e law of 1544 appeared four years a�er Cardinal Tavera had passed a similar law in Castile, restoring the restrictive legislation introduced by King João I in 1387. For the Castilian process, see Martz, 1983, pp. 19–21. 42 Abreu, 2013a, pp. 101–2. 43 �is was the prevailing attitude throughout late medieval and early modern Europe, according to Riis, 1997, pp. 129–46. 44 Martz, 1983, pp. 14–15. �e Political and Social Dynamics of Poverty16 beggars, who were compulsorily taken into hospitals, but the real innovation was child protection. While support for foundlings had been institutionalised by Manuel I in his Ordenações (code of laws) of 1512, the new order increased the care to be given to children exploited by beggars, who used them as their assistants, extending to them the same protection that the law gave to foundlings in terms of upbringing, providing apprenticeships at the age of seven or placing them on the labour market. A third provision, and perhaps the most important for the purposes of this analysis, made the Confraternity of the Court – founded in 1527, while the royal family was staying in Almeirim, to help the poor who accompanied the court on its travels, especially knights and widows of soldiers who had served the crown in Africa – responsible for providing well-lit and heated premises where licensed beggars could spend the night.45 In other words, the monarch was transposing the praxis of hospices and some hospitals into law on the assumption that these beggars’ itinerant lifestyle excluded them from the formal mechanisms of regular support. �e orders of 1544 and 1558 were accompanied by increased policing activities by the king’s o�cers,46 supposedly at the people’s request,47 who were given greater powers48 in order to keep vagrants and beggars under more e�ective control.49 Judges, baili�s and alcaides were ordered to inspect inns, hospitals and lodging houses every fortnight and to arrest and try suspects summarily,50 but it was the local councils that were to examine beggars and grant licences to those who wished to beg outside their home areas. A network of o�cers and informants, also set up in 1544, was to police the districts of Lisbon,51 keeping watch over every beggar and every possible lodging place.52 Life was made increasingly di�cult for foreigners,53 particularly those who had no trade.54 45 �e fact that these kinds of laws were introduced at almost the same time in both Portugal and Spain is assessed by Flynn, 1989, especially pp. 75–114. 46 BA, 46–XI–7, �. 161–72. See also BA, 51–VIII–7, No 76 and BA, 51–VIII–18, No 317. 47 Freire de Oliveira, 1885–1911, vol. I, p. 546, note 1. 48 Ibid., I, pp. 545–6, 30 March 1546. 49 Lião, 1987, part I, title X, law III, p. 32, order of 1 February 1545.50 Ibid., part IV, title XIII, law IV, �. 157–158v, 6 November 1558. 51 Ibid., part I, title X, law III, p. 32, order of 1 February 1545. 52 Freire de Oliveira, 1885–1911, vol. III, pp. 69–70. 53 Lião, [1569], 1987, part IV, title XIII, law II, p. 155, law 24 of the Cortes, 1538. �e letter of 6 November 1558 gave foreigners 20 days to leave the place where they were caught and 30 days to leave the kingdom. Ibid., part IV, title XIII, law IV, �. 157–158v. 54 �e order of 14 August 1563 de�ned as foreigners those who ‘in dress, language and manner seem to be Armenians, Greeks, Arabs, Persians or other nations not subject to the Turk’ (‘nos trajos, língua e modo pareçam ser arménios, gregos, árabes, persas ou outras nações que são sujeitas ao turco’). See Lião, [1569], 1987, part IV, title XIII, law V, p. 158v. Social and Political Contexts 17 In an attempt to make the laws more e�ective, a statute passed in 1604 entitled On the poor who beg (Sobre os pobres que hão de pedir)55 adopted a new strategy and punished local magistrates (corregedores), provincial administrators (provedores) and circuit judges (ouvidores) who were not su�ciently diligent in pursuing beggars.56 Again, English and Portuguese laws on the subject are remarkably similar in content: in this case the English law of 159857 and the Portuguese of 1604. Neither religion nor distance caused much di�erence in these countries’ policies on begging and vagrancy. Since the Lei das Sesmarias, the authorities had tended to categorise the poor into three groups, which were apparently neither stable nor mutually exclusive: the false poor, who should be punished and expelled from their communities; the poor, whether resident or not, who were authorised to beg for a limited time; and the poor who could aspire to the largest share of the funds set aside by relief institutions, provided they did not beg. Unlicensed beggars and vagrants in the �rst group did not meet the conditions that de�ned the deserving poor. If contemporary accounts are to be believed, they formed a very large contingent that was a priori excluded from formal poor relief, except that provided by hospitals, where they could only go if genuinely ill – the letter that Manuel I sent to Évora City Council in 1502, forbidding it to admit into the Espírito Santo Hospital those who wanted to treat it as a hospice (‘healthy poor people who are quite able to work’),58 is revelatory in this respect – and prisons or possibly in the form of safe conducts. �e deserving poor, which included the sick, the young and the ‘defenceless’ elderly, fell into the second and third groups. �e second was allowed to beg as well as to receive a certain amount of aid from some institution or other, almost always on an occasional basis, while the third was subject to stricter eligibility criteria which varied according to a variety of locally determined circumstances. None of these groups included gypsies; in fact they are only mentioned in the context of relief in prison, and even then in very low numbers. �e gypsy question is complex and has been examined in detail elsewhere.59 It need only be said here that they probably arrived in Portugal at the same time as in Castile, at the end of the ��eenth century, at a time when the authorities in many parts of Europe were engaged in a ruthless battle against nomadism, which o�cial sources equated with vagabondage and vagrancy. As they lived like vagrants, gypsies were punished as such, because the stigma attached to their lifestyle had already been developed and internalised by society. �eir treatment 55 BPE, Cod. CXIX/1–13, �. 64–65v. 56 Collecção Chronologica, 1819, vol. I, pp. 87–100. 57 Slack, 1995, pp. 52–3. 58 ADE, ACME, Livro I dos Originais, No 71, f. 251. 59 Abreu, 2007b, pp. 41–66. �e Political and Social Dynamics of Poverty18 under the law was therefore the result of applying existing categories and not a new, ethnically discriminatory rule. From the start, the gypsy question in Portugal was not distinguished from the problem of false beggars and vagrants in general. �e �rst known order referring to them, dated 13 March 1526, forbade them from entering the kingdom and ordered those who were already living there to leave, arguing that it was for the sake of protecting public order, but the only point that di�ered from the complaints the king received about other ‘wanderers’ concerned the ‘many spells they feign to know, causing the people much loss and trouble’.60 �e next law, in 1538, speci�ed that it applied not only to false beggars but also to ‘other persons of any nation who travel or live like gypsies’.61 �is recognition that a wandering lifestyle was characteristic of this ethnic group was new, and henceforth all laws condemning vagrancy likewise singled out ‘those who live like gypsies’. On 8 August 1639 the chief justice of the Court of Petitions (Casa da Suplicação) further clari�ed the term, stating that ‘being a gypsy does not consist of one’s nature [birth] but of living as such’.62 �e crown itself did not have a well-de�ned policy for this group, although the tendency was to increase the severity of punishments.63 Consequently, while it dealt with gypsies in accordance with its own interests64 and current circumstances,65 it is also true that on several occasions it decided in their favour, going against the municipalities that refused to have them on their lands,66 and seeking to integrate them67 on conditions identical to those required of any minority:68 they had to settle in a particular place, work and relinquish traits 60 ‘… muitas feitiçarias que �ngem saber, em que o povo recebe muita perda e fadiga’. Rui de Abreu Torres, ‘Ciganos’, undated, pp. 68–9. 61 ‘outras pessoas de qualquer nação que andassem ou vivessem como ciganos’. Lião, [1569], 1987, part IV, title XIII, law II, p. 155, law 24 of the Cortes, 1538. 62 ‘o ser cigano não consiste na natureza [naturalidade] mas em viver como tal’. See J.J.A. Silva, 1855–59, 1603–1612, p. 139. 63 See Alvará sobre os ciganos, para que se cumpra a ley declarada na Ordenação do livro V, título 69, Lisbon, unnumbered, 1606. 64 As it did ‘to the more than 250 gypsies’ (‘aos mais de duzentos e cinquenta ciganos’) posted to the border with Spain to defend Portuguese independence a�er 1640. See Collecção Chronologica, 1819, vol. I, pp. 524–6. 65 J.J.A. Silva, 1855–59, 1603–1612, p. 151. 66 For example, when by a letter of 23 July 1699 it forced Évora to accept several families from Lisbon, who were leaving the capital because the cost of living there was very high. ADE, ACME, Livro XIII dos Originais, No 83, �. 252–3. 67 According to the royal letter of 28 March 1618, which enlarged on decisions of 1594. See J.J.A. Silva, 1855–59, 1613–1619, p. 273. 68 Intolerance of the Moors grew during the Counter Reformation. In Spain, the law of 1 January 1567 (reiterating earlier laws) banned them from using Arabic and keeping up their social and religious customs; instead they had to adopt Castilian customs and dress. See Elliott, 1991, pp. 172–94. Social and Political Contexts 19 that would identify their ethnic origin. �ese demands were always rejected. �e 1649 Law on Gypsies and Vagrants (Lei sobre ciganos e vagabundos)69 is of interest in this respect, since it laid down that gypsy children should be handed over to the misericórdia confraternities, recolhimentos and orphanages when they reached the age of nine so they could be educated for the world of work and learn basic Christian values – in other words the same objectives that governed the policies on foundlings and orphans. For the �rst time, the law used education as a means of repressing the gypsies but, as with previous attempts, it was to no avail, since their social memory was �rmly enough established to resist the values that the crown wished to instil in them, namely work as a prerequisite for economic development, social stability70and access to formal relief measures. None of these policies against unlicensed beggars, vagrants, idlers and cheats, whether they were gypsies or not, questioned the religious principles that lay behind charitable activities at that time. �e Bible and patristics continued to give substance to o�cial documents and literary texts, as clearly shown in the poetry of Gil Vicente,71 while church ideology, which was also praxis, was re�ected in books such as the Leal Conselheiro by King Duarte (1433–1438) and the Livro da Virtuosa Benfeitoria by Prince Pedro. Authors generally combined two fundamental themes without ambivalence: evangelical poverty, grounded in doctrine,72 and a condemnation of idleness in favour of honesty and work. �e point to be made here is that the measures to control begging can also stand among the royal actions that de�ned the model of the good king.73 �e dual feelings that Ângela Barreto Xavier termed ‘A�ection and disa�ection for the poor’ re�ect the contradictions of a time that contained the seeds of change, where traditional models of charity, such as the acts performed by the confraternities,74 existed alongside new demands on the faithful, who were urged to renew the spirituality of bene�cence, while at the same time mechanisms of greater social control were being developed. Although the literature of treatises and the Catholic morality of the sixteenth and seventeenth centuries exalted poverty and proclaimed the virtues of almsgiving to the point of advocating that it should be obligatory,75 it appears they neither opposed nor rejected the repressive anti-begging measures and the incentive to work, which in fact was based on the scholastic tradition that the government was promulgating. 69 A very similar situation was occurring in France at that time. 70 J.J.A. Silva, 1855–59, 1648–1656, pp. 26–7. 71 See Tavares, 1987, pp. 17 et seq. 72 Xavier, 1999, p. 63. 73 Ibid., p. 81. 74 Gomes, 1995, pp. 89–150. 75 Lopes, 2000, vol. I, pp. 42 et seq. �e Political and Social Dynamics of Poverty20 �ose who made charity conditional on age, physical health and moral conduct were remarkably assertive;76 the Archbishop of Évora, D. Teotónio de Bragança (1578–1602) was typical in this respect. In contrast to Ypres and Castile in the 1530s (and Castile again a�er 1565), Portugal saw no legal reversals or major opposition in this area, even from the church. Among the principles that guided charitable work and institutional relief in the country were ideas advocated by Juan Luís Vives (with whom King João III exchanged correspondence), Martin Luther and other Protestant reformers who were severely criticised by the Catholic Church. �e main criticism of the legal measures against beggars and vagrants and, therefore, of the provisions de�ning the deserving poor, was that the crown was incapable of enforcing them, most notably because it lacked the o�cers to proclaim and carry out its orders. Some laws acknowledged this,77 although they were attempting to extend their scope to other areas traditionally associated with vagrancy, such as prostitution.78 As Robert Castel has rightly pointed out, however,79 such reasoning is based on the false premise that the aim of the legislation on begging was to suppress it. Since public bodies were well aware that punishment was ine�ective, the reiteration of laws acted as a deterrent, which was in fact more in line with the conditions of the early modern period and attitudes to the law at that time. Welfare institutions incorporated the idea of the deserving poor into their everyday activities with no apparent di�culty, although they reshaped it according to their own interests and aims. �e misericórdia confraternities almost certainly rejected the crown’s intentions that lay behind the order of 8 July 1500, which gave them the task of distinguishing the true poor from the false, the �rst time that this kind of responsibility had been entrusted to a charitable institution. On such a sensitive issue, it is not hard to see what King Manuel I intended: his aim was to centralise charity and repression – the former legitimising the latter – in a single body, without undermining private piety or questioning the right to alms, which was upheld by the church. Meanwhile, the task of controlling beggars and vagrants remained with the municipalities, which struggled to �nd the money and manpower to carry out these duties. In Évora, for example, the city council even tried to put pressure on the crown, in 1586, by threatening not to honour its obligations, since it had been prevented from creating a post of baili� to punish the ‘idle men who frequent this city, not having been born here, and those that make out that they are sick when 76 Ibid., vol. I, pp. 74–78. 77 BNP, Cod. 801, �. 121v–124, Alvará de 02 de Junho de 1570, ordena aos juízes do crime que façam o recenseamento de todos os ociosos e vadios, homens e mulheres, nos seus bairros. 78 BNP, Cod. 801, �. 130–135, Alvará de 2 de Junho de 1570, sobre os bairros de Lisboa, em que hão de viver as mulheres solteiras. 79 Castel, 1995, pp. 169–71. Social and Political Contexts 21 they are not and take alms from the poor, and the many the�s that occur for this reason in this city’.80 Such reactions were transitory, however, as most local councils were aware that the aim of royal edicts was to protect the people, even though they might be di�cult to enforce, as Tomar Council acknowledged in the late sixteenth century.81 �e fact is that, in general, the lists of poor people supported by the misericórdias hardly included any beggars or vagrants; the same was also true of the cathedral chapters, and very few beggars were admitted to the hospitals. Could beggars, vagrants and gypsies trick the authorities by adopting false identities – pretending to be workers, for instance – and thus receive alms from the misericórdias and other institutions, or be admitted to a hospital without being ill? Undoubtedly they could and did. �e social uses of the system and the ease with which hospitals accepted those who worked, or claimed to work, are well known; however, the very fact that people needed to get round the rules shows how important they were. �ere were also times, although admittedly not o�en, when the institutions themselves decided to �out the rules that governed them, as happened during the social emergency that occurred in Lisbon during the economic crisis of the late sixteenth century, when the capital was �ooded with ‘companies of men, women and children who, through surviving on herbs and other provisions of such weak substance and poor quality, fell sick in large numbers’.82 Defying the crown’s orders83 to con�ne the beggars in a blockaded street until ships could arrive to take them to Brazil, leaving Lisbon ‘relieved of this burden’ (‘aliviada desta carga’),84 the city council chose instead to come to their aid. A similar situation occurred in Évora in 1659, when the misericórdia decided that ‘just one vintém should be paid to each person and if it appeared that some was being given to people who went from door to door begging it should be taken from them so that this money could be used to help the hospital due to the great necessity it has since there is a large number of sick people in it and its income is �nished’.85 As studies on the users of this hospital show, the 80 ‘… homens ociosos que andam nessa cidade, não sendo naturais dela, e dos que se fazem doentes não o sendo e tiram esmolas aos pobres e dos muitos furtos que por esta causa se fazem nessa cidade’. ADE, ACME, Livro VI dos Originais, No 76, f. 116. 81 Anais do Município de Tomar, vol. IV, 1581–1700, 1968, p. 73. 82 ‘… companhias de homens, mulheres e meninos que, por virem mantidos de ervas e outros mantimentos de tão fraca substância e má qualidade, adoeciam tantos’. Freire de Oliveira, 1885–1911, vol. II, pp. 100–104, Carta da câmara de 18de Abril de 1598. 83 Freire de Oliveira, 1885–1911, vol. II, pp. 106–7. 84 Ibid., pp. 120–21. 85 ‘… se pagasse somente um vintém a cada uma pessoa das providas e se parecesse que davam algumas a pessoas que andassem pelas portas pedindo se lhas tirassem para […] com este dinheiro se acudir ao hospital pela grande necessidade que tem por haver grande numero de doentes nele e estarem suas rendas acabadas’. ADE, AME, Livro de Lembranças, No 19, f. 119v. �e Political and Social Dynamics of Poverty22 confraternity was prioritising poor people from outside the city, even beggars, which could be seen as a way in which these people were turning the system that excluded them to their own bene�t.86 As a rule, however, and leaving aside those poor people who were temporarily admitted to hospital or helped in prison, those who were given safe conducts to leave their communities and perhaps a few ‘poor at the gate’,87 the precondition for receiving alms with (some) regularity or, in other words, for joining the highest of the three groups of poor people mentioned above, was to be included on the list of those provided for and visited (rol dos providos e visitados). As the name suggests, entitlement to institutional relief was based on a residence criterion, whereby the recipient was subject to inspection by the donor. By being ‘visited’, the poor could receive one or more types of relief, such as food, money or medical care. Between the poor at the bottom of the hierarchy, that is to say the ones who received alms only sporadically, and those at the top, who were given relief constantly or regularly, there were several subgroups from the entire social spectrum, o�en unconnected to one another. Somewhat unexpectedly, the local elites were to be found among them and sometimes they received the major part of the money distributed. In the wake of the 1544 act, the Compromisso of the Lisbon Misericórdia of 1577 formalised what previous compromissos had only hinted at: the poor in the ‘visited’ category were not allowed to ‘go begging from house to house or around the city’, a principle that Duke João II of Bragança, the future King João IV, would reiterate to the Vila Viçosa Misericórdia in 1636.88 As o�en happened in early modern Portugal, however, rules were not absolute. Formal alms were in no way su�cient to provide the poorest with the basic means of survival,89 leading some of them to break the rules and turn to begging, while the misericórdias that were supporting them turned a blind eye. In practice that blurred the distinction between the two groups of deserving poor de�ned above. At least, that is implicit in the decision made by the misericórdia board in Évora on 17 July 1596 that in future the brothers would only visit the bashful poor who were unable to work or beg.90 �e level of permissiveness shown towards begging depended more on the resources available than on any rule: in 1658, when the board members allotted two loaves per month to an abandoned child who still lived with his foster mother, they explained that the donation would be given for so long as the child was ‘unable to beg for his own alms’.91 86 Some French examples, albeit from a slightly later period, may be found in Hu�on, 1972, pp. 97–123. 87 Even this category of poor people had to be registered and identi�ed in Évora. 88 Maria Marta Lobo de Araújo, 2004, pp. 187–8. 89 A more detailed examination of the role of the family in these contexts may be found in Lynch, 2003, pp. 68–102. 90 ADE, AME, Livro de Lembranças, No 8, f. 5v. 91 ADE, AME, Livro de Lembranças, No 19, f. 111. Social and Political Contexts 23 Why did the authorities accept that local community members could beg whereas they tended to ban outsiders from doing so? �ere were various reasons. �e economic and social regulation of communities, as well as people’s mutual acquaintance and the notion of social cohesion, relied on a safety net set up �rst and foremost for local people: their own beggars were recognised as truly poor people, part of the social structure, who might perhaps do odd jobs and for one reason or another had fallen into mendicancy. �is situation assumed that poverty was caused by circumstances, and mendicancy was socially integrated, provided it was not adopted as a way of life by the �t and well. Additionally, local beggars were not automatically associated with criminal activities, as beggars from outside o�en were. �is leads us back to the thorny question of the bashful poor. �e early compromissos of the Lisbon Misericórdia, including the 1498 manuscript and the printed works of 1516 and 1577, but not the 1618 version, described the ‘visited poor’ as ‘bashful and retiring persons’ whose eligibility should be con�rmed in their own homes. �is was a di�erent de�nition from that given in the Lei das Sesmarias: the shame now lay in the act of begging in public and not in having a social condition that prevented manual work. A digression is called for here to clear up some confusion regarding these poor people and how they are classi�ed. In applying the term envergonhado (ashamed, shamefaced, bashful) to the Portuguese case with the meaning as used by G. Ricci and J.-P. Gutton,92 but without taking account of temporal changes, some historians have tended to confuse ‘retirement’ (recolhimento, a prohibition on working or begging) with secrecy, suggesting that the bashful poor were given alms in secret, a concept very rarely mentioned in the compromissos of the misericórdias. �e authorisation given in the royal charter for the Santarém Misericórdia dated 24 April 1542 for board members to bear arms at night during their visits to the bashful poor, ‘since it is thus more concealed’ (‘por assim ser mais escondido’), is far from common.93 In any case, it would have been di�cult to maintain secrecy when the regulations required the visitors to enquire of the ‘church priests and confessors and around the neighbourhood where said persons live’ (‘curas das igrejas e confessores e assim pela vizinhança onde as tais pessoas viverem’) about how the would-be ‘visited’ behaved; any con�dentiality concerned the information collected and the informants’ privacy, in procedures identical to those organised for women applying for a marriage dowry. Nevertheless, situations like that of Manuel Álvares, a major in the militia, are not uncommon: in his request to the Évora cathedral chapter for alms he mentioned his ‘many necessities due to great poverty, as this entire city knows, since they do not contribute to me from their pay […], so that I am no longer 92 On the concept of bashful poverty, see Ricci and Revel, 1983, pp. 158–77. 93 PMM, vol. 3, doc. 215, p. 328. Also Sá, 2003, pp. 16–17. �e Political and Social Dynamics of Poverty24 able to leave the house because of my lack of apparel’.94 In this and other similar cases, the claimant hoped to gain more by admitting to his ‘necessities’ in public than by maintaining the discretion required by his social status. Moreover, in a society of privileges, having enough income to maintain one’s social status could be considered a right, and the authorities should enable people to maintain their status for fear that the social hierarchy might disintegrate. Was the attitude of poor people very di�erent when they turned to the hospitals for want of any other means of social support? 94 ‘… muitas necessidades pela muita pobreza, como sabe toda esta cidade, por lhe não contribuírem com seus ordenados [ … ], que já não estou capaz de poder sair fora de casa por falta do vestido’. ACE, Esmolas dadas pelo Cabido, folder No 48, bundle II, eighteenth- century alms. Chapter 2 ‘For the Bene�t of the Body’: Hospital and Health Care Reform Linked to the spread of Christianity, hospitals in the Middle Ages had been the most important institutional examples of popular religious feeling and demonstrated social responsibility in theface of the adversities that a�ected people, especially the most fragile, and above all in urban contexts.1 Hospitals had been founded by the church, notably by bishops and religious orders, and by royal patronage, but mostly by ordinary people. �ey were also the charitable institutions that attracted most pious bequests, exemptions and tax privileges.2 Several thousand must have existed in medieval Europe – 1,103 have been counted in England and Scotland alone3 – but the actual number will never be known because they were so readily re-founded, converted or even merged into other hospitals. Shaped by Christian values, they imbued their work with strong religious overtones that could even be seen in their architecture, which in the larger buildings was in�uenced by monastic in�rmaries. Some of them contained chapels or even churches, but the vast majority were diminutive, consisting of just two or three rooms in an ordinary house. Common to all these institutions, large and small, were the religious obligations imposed on their users, who were expected to pray for the souls of the founders and worthy personages. Masses were also celebrated periodically, as required by the founders, at a time when an important aspect of charity was its contractual, simoniacal and utilitarian nature.4 �e word ‘hospital’ covered a wide variety of institutions, which, with the exception of leprosy hospitals, catered for an eclectic range of inmates, including pilgrims, travellers, the poor, the elderly, orphans, the sick and prostitutes; a very few also took in pregnant women or those about to give birth. �ere they received the bare essentials to continue on their way – food, clothing, a few nights’ shelter and basic personal care – but seldom medical support. 1 Pullan, 1971, p. 42. 2 �e way they evolved depended more on the nature of the political authorities and the attitudes of the local elite than on speci�c models developed along any particular religious line. 3 Carlin, 1989, p. 21. 4 �e introduction to this chapter is reworked from part of the Introduction to Abreu and Sheard, 2013, pp. 1–20. �e Political and Social Dynamics of Poverty26 Information on attendance by healthcare professionals and the use of medicines is more common in the case of larger hospitals that developed medical care and invested in new treatment methods. Examples are Saint Bartholomew’s Hospital in London, founded in 1123, and the most famous of the French hospitals, the Hôtel-Dieu in Paris, as well as the Ospedale Santo Spirito in Rome, founded in 1198 by Pope Innocent III.5 �e Ospedale Santa Maria Nuova, in Florence, was one of the best known for investing in medical treatment and professional training, and it was supported from 1321 onwards by a Studium Generale, which included a medical school. In the 12th–13th centuries leprosy began to be seen as a social problem, and this was a decisive factor in the gradual development of specialised hospital services. �e segregation of lepers and the compulsory siting of leprosaria far from inhabited areas appear to have originated with the Lateran Council of 1179 and were probably the �rst organised public-health measures. At the same time, access to hospitals was restricted for people with what were considered incurable or contagious diseases. Not all hospitals would have been as strict in this regard as the English hospital of Saint John the Baptist in Bridgwater, which detailed these situations in its ordinance in 1219,6 but such strict admission criteria tended to spread around Europe, particularly a�er the Black Death, in connection with the prophylaxis of epidemics. While it is controversial to apply the concept of medicalisation, in the sense of medical therapy, to periods so far in the past, it is less problematic to state that many hospitals were already centralising health and welfare resources, which obviously included spiritual support.7 Because of the work they did, their legal standing (o�en subject to both civil and canonical law) and the capital assets involved, which were almost always amortised and therefore limited economic transactions, with an adverse impact on the central powers’ co�ers, hospitals soon became a major issue for the government. �is was particularly true when social matters began to be seen as public-health issues, an example of which was the new moral attitude towards beggars and vagrants, which developed during the economic crisis of the fourteenth century. Whether created from scratch or formed by the merger of other institutions and pious bequests, new hospitals such as the Hôtel-Dieu in Beaune, which was operational in 1452, were now organised along fresh lines, as forerunners of early modern hospitals: their religious leanings remained very strong, but their aims were unashamedly secular. Philip II stated it very clearly in the instructions 5 Renzi, 1999, pp. 104–5. 6 Hospital of St John the Baptist Bridgwater Ordinance – From Bishop Bekynton’s Register Somerset Record Society vol. 59 entry 1062, Bishop Jocelyn August 1219, Ordinance and foundation of the hospital of St John Bruggewater. 7 See the review of the subject in Dinges, 1999, p. 240. ‘For the Bene�t of the Body’: Hospital and Health Care Reform 27 he sent to his troops in the following century, when he urged them to destroy French hospitals because ‘hospitals are not churches’. In 1311 the Council of Vienna recognised the di�culties in carrying out urgent reforms to the hospitals – and it should be noted that there were various legal reasons for it to interfere, even though the church ran fewer institutions than the number long attributed to it – and suggested that, except for those belonging to the hospitaller orders, they should be run by secular bodies rather than the church.8 In doing so, it exposed its �ank to an incursion by the civil authorities, which had o�en been under popular pressure to act. �eir shrewdness in backing the church by upholding the religious values enshrined in the hospitals made it easier for them to take over; the attempt by the Council of Trent (1545–63) to strengthen the bishops’ authority over the hospitals was vigorously opposed by the monarchs, as it would mean a reversal of the process initiated two centuries earlier. It was in defence of the souls of the founders, who o�en did not receive the masses that were required by the donations they had made to the hospitals, and the bodies of the poor, who were prevented from bene�ting from the income deriving from those donations, that with papal support the monarchs expelled bad administrators and incorporated poorly managed hospitals into the crown estate. �is had begun to take place in France in the thirteenth century, when hospitals that could not prove their origin were turned into royal foundations and placed under the control of government agents.9 �e same situation occurred in England in 1414, once the House of Commons had accepted that the hospitals were decadent. In southern Europe, reform began in 1401, in Aragon, led by the government; it happened in 1456 in Milan under Francesco Sforza, and somewhat earlier in Florence.10 During his travels around Europe, Prince Pedro, brother of the king of Portugal, advised King Duarte to undertake the same kind of reforms. Royal intervention in welfare institutions in Portugal did in fact begin with the hospitals. �e Portuguese crown �rst contacted the pope to start the process of hospital reform in 1432 and 1434. It was con�ned to the Lisbon diocese at �rst, but a�er two years Duarte proposed large-scale reorganisation, closing hospitals that were unable to survive and transferring their assets to those that were more viable. To pre-empt possible con�icts of jurisdiction, the crown requested that the hospitals created from such mergers ‘could be administered by an authority of their own and without interference from the local ordinaries or prelates, [or]
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