Confraternities’ Constitutions and Patronato Real in 18th-century Lima ^*

In March 1761, twenty-nine confraternities of Lima sent to the Council of the Indies their fundamental documents and constitutions for inspection. Arizmendi’s study is mainly based on the resulting document, kept in the Archivo General de Indias (Sevilla). This accounts for the prominence of the legal perspective in this monograph, an approach rarely used in the historiography on confraternities, which has focused mostly on the religious, social, or economic dimensions of the institution.

The book is divided into four chapters. The first provides an introduction to the social and religious nature of confraternities as an institution and identifies its essential elements governed by canon law, such as the property regime, the admission of members, and the holding of meetings. The second chapter contains some basic information on the history of the Lima diocese and the spread of the confraternities. In the third chapter, Arizmendi analyses the historical sources based on the categories discussed in the first chapter and notes some questions that he considers striking, such as the comparison of the term »cofradía « with others such as »hermandad«, »gremio« or »esclavitud«. The fourth and last chapter discusses the pertinent civil and canon law norms, both papal and those of the derecho indiano, that regulated the confraternities. Transcripts of the constitutions constitute the final appendix of the book.

Arizmendi’s study illuminates how confraternities were subject to both civil and ecclesiastical authority. Their social and economic importance aroused the interest of secular authorities, while the purpose of worship made them subject to ecclesiastical provisions. Likewise, the Patronato regio determined the scope of the permits granted by both church and king. Law 25, title IV, book I of the Recopilación de Leyes de las Indias provided that all confraternities had to have an ecclesiastical and a royal license. The bishop recognized them either explicitly, in the form of a license, or implicitly, for example by authorizing them to collect alms. Although the Recopilación ordered that authorization was necessary for the confraternities to operate, in practice, many confraternities carried out their activities without a license. There were confraternities that acted on the margins or even in direct opposition to the dispositions of canon law, as was the case of the lay confraternities established in nunneries.

The Crown, too, exercised its authority in this matter, even going so far as to suppress some confraternities that did not comply with what was ordered. In fact, the constitutions or statutes of the Lima confraternities studied by Arizmendi were submitted for royal approval because the confraternities feared that they would otherwise not be able to continue with their activities. In their responses to the Council of the Indies’ request, some stewards maintained that their confraternities were so recent that they had not had time to request royal approval. Others indicated that constitutions and approvals had been lost in earthquakes and other incidents.

The author concludes that the provisions of the civil authority reinforced the effectiveness of canon law; in Arizmendi’s words, they were »secundum canonem«. Specifically, the civil authority rejected those clauses in the confraternities’ constitutions that claimed that the confraternity was exempt from ecclesiastical jurisdiction, a strategy by which the confraternities aimed to avoid the control exercised through pastoral visits. The political authority also recognized that any surplus money was‍‍‍ destined for sacred worship. In this way, the religious character of the confraternities was respected, despite the interest in strengthening civil| jurisdiction. Accordingly, the public utility of the confraternities and the need to maintain social order were presented as a reason to demand the intervention of the Crown. In my opinion, Arizmendi’s study points to the fact that the ecclesiastical policy applied in the Andean region at the end of the 18th century was a reform promoted by the Crown, but supported by the bishops. In this sense, this book provides a counterpoint to other investigations that perceive the Bourbon reforms as a frontal attack on the powers of the clergy and religious corporations.

After the analysis of the constitutions, the author presents a systematic exposition of their content, identifying the most problematic aspects. Noteworthy is the inclusion of papal norms and a previously unpublished source such as the procedure followed by the Council of the Indies in this case. The reader may require more information regarding each of the confraternities, but this constitutes a task that the author himself has made a start on by presenting some cases he found in the ecclesiastical archives in his footnotes.