March 10, 2009
Luis Del Marmol Y Carajval Accounting of the Granada Capitulations in his “Historia de la Rebelion y Castigo de los Moriscos” from which, I have excluded non-pertinent clauses which he listed, such as which gate people should surrender through etc. The capitulations presented here are less than what is officially agreed upon which is 67 capitulations:
1. First, the Muslim king and The Qaid’s [mayors/governors] and Faqihs, Qadis, [Islamic Lawyers] , Muftis, Ministers and wise men, and all of the commanders and men of substance, and all commoners of the city of Granada and Albaicin and its surrounding areas, shall, with love, peace and goodwill, real in agreement and work ,within the next forty days turn over to their Highnesses or to their agent the fortress of the Alhambra [Al Hamra’] and Alhizán, with all its towers and gates, and all the other fortresses, towers and gates of the city of Granada and the Albaicin and the surrounding areas extending to the countryside, so that they may occupy them in their name with their people and at their will,on condition that orders be issued to the justices that they should not permit the Christians to climb onto the wall between the Alcazaba and the Albaicin from where the Muslims houses may be seen; and if anybody should climb up there, he should be punished immediately and sternly.
2. At the end of the forty days, all the Muslims shall surrender to their Highnesses freely and without coercion, and they shall do what good and loyal vassals are obliged to do for the their kings and natural lords. And to assure secure conditions during this surrender, one day ahead of surrendering the fortresses, they shall offer as hostages the minister Yusuf Ibn Kumasha , with five hundred persons, children and siblings of the leading citizens of the city and of the Albaicin and its surrounding areas, so that they may remain under the power of their Highness for ten days, while the fortresses are surrendered and secured. Placing people and supplies in them, and during all of this time they shall be given everything they need for their sustenance; and once all is surrendered, they will be freed.
3. Once the fortresses are surrendered, Their Highnesses and the prince, Don juan, their son, shall, for themselves and for the monarchs who succeed them, receive as vassals and natural subjects the King Abu Abdullah and the Qa’id’s, Qadi’s, Faqih’s, Mufti’s, learned men, commanders and squires, and all the greater and lesser common people, including men and women, inhabitants of Granada and the Albaicin and its surrounding areas and its fortresses, villages and other places and also of the Alpujarras [region] and of other places that shall fall under this accord and treaty in any way, and they shall be allowed to stay in their houses, estates, and inherited properties at that time and forever, and they will not allow any harm or damage to be done to them without intervening…Nor shall their goods or their estates be taken away from them, nor even any part of them; but rather they will be revered, honored, and respected by their subjects and vassals, as are all of those who live under their government and rule…
4. On that day when King Abu Abdullah shall surrender the fortresses and towers, Their Highnesses shall order that his son shall be returned to him, along with all the hostages, and their wives and children, except those who have become Christians.
5. Their Highnesses and their successors forever shall let King Abu Abdullah and his Qa’id’s, Qadi’s, Mufti’s, Minister’s, Commanders, and other men of substance and all the greater and lesser commoners live under their law, and they shall not allow anyone to remove their Mosques or minarets or muezzins, nor shall they take away the Awqaaf,[Islamic endowment/trust], and the income they receive from them, nor shall they interfere with their ways and customs.
6. The Muslims shall be judged under their laws and Courts by way of Shariah they are accustomed to observing, under the authority of their Qadi’s and Judges.
7. Neither at this time nor at any future time shall [their highnesses] take their arms and horses away, or allow these to be taken away, except for their large and small artillery, which they must promptly turn over to agents sent by their highnesses.
8. All of the Muslims, great and small, men and women, from Granada and its lands as well as Alpujarras and all its places, who shall want to go live in the Barbary lands or any other place they wish may sell their estates, furniture, and goods in any way they wish and to whomever they wish, and neither Their Highnesses nor their successors shall ever take away or permit to take away these things from those who purchased them, and that if their Highnesses have the desire to buy [these items], they can take according to as much as to be equitable, and If they [the residents] are not staying in the city, they may appoint people[in Garnata] with the power to do so [to have power of attorney to take care of their affairs].
9. Their Highnesses shall give free and safe passage to those Muslims who may wish to go to the Barbary Coast or other places, along with their families, movable goods, merchandise, jewels, gold, silver, and all types of weapons except for artillery. And for those who may wish to go, they shall provide ten large ships that will take them where they want to go for seventy days, leaving them free and safe in the ports of the Barbary coast where Christian merchant ships are accustomed to going to trade. Moreover, all those who shall wish to go within three years may do so, and their Highnesses shall send ships wherever they ask to go, giving them safe passage, as long as they are requested fifty days in advance, and will not be charged freight nor anything else for it.
10. Once these three years are up, they may still go to the Barbary Coast whenever they wish, and they shall be allowed to do so upon payment of one Ducat per person plus the cost of the passage in the ships in which they travel.
11. That if the Muslims that would like to go to the Barbary coast are unable to sell their real estate held in the city of Granada, Albaicin and its suburbs, and in the Alpujarras and elsewhere, they can leave it to other people with the power to collect income , And all that rent income can be sent to the owners in the Barbary coast where they are located, without being put to any impediment.
12. Neither Their Highnesses nor their son, the Prince Don Juan, nor those who succeed them shall ever order the Muslims who are their vassals to wear signs on their clothing, as the Jews wear.
13. Neither King Abdullah nor the other Muslims of the city of Granada or of the Albaicin and its surrounding areas shall pay taxes that are levied on houses and possessions for the next three years, and they shall only pay the harvest tax of one-tenth in August and autumn, and one tenth on cattle they had in April and May as the Christians are accustomed to paying.
14. At the time of the surrender of the city and its areas, the Muslims are obliged to turn over to their Highnesses all of the Christian captives, male and female, so that they may be freed without any kind of ransom being asked or given…
15. Their Highnesses shall order that at no time shall either beasts of burden or servants be taken from King Abdullah, the Qa’id’s, Qadi’s, Mufti’s, Ministers commanders for any reason without their approval and without their being compensated fairly.
16. They shall not allow any Christian to enter in the Masjid of the Muslims where they make Salat[pray], without the consent of their Fuqaha, and anyone who enters otherwise shall be punished for it.
17. Their Highnesses shall not permit Jews to have any power or authority over the Muslims, nor shall they be allowed to collect any kind of rent from them.
18. King Abdullah and his Qa’id’s, Qadi’s, Faqih’s, Mufti’s, Ministers, wise men, commanders and squires, and all the common people of the city of Granada and the Albaicin and its surrounding areas, and of the Alpujarras and elsewhere shall be respected and well-treated by their Highnesses and ministers, and their views shall be heard and their customs and rituals guaranteed, and that all the Qa’id’s and Faqih’s shall be allowed to charge their rents and enjoy its privileges and liberties to which they are accustomed, and it is just that these thing be maintained.
19. Their Highnesses shall order that they shall not be forced to take in boarders, nor shall any clothing, birds, animals, or supplies of any kind be taken from the Moors without their consent.
20. Legal disputes that arise among Muslims shall be judged by their law and Shariah, which they call ‘Sunna’ and its Qadi’s and Faqih’s, as is their custom, and if a dispute arises between a Christian and a Muslim, judgement shall be made by one Christian official and a Muslim Qadi, so that neither party can complain about the verdict…
21. That if at any time the Moors who are captive in the hands of Christians, flee to the city of Granada or other places mentioned in the content of these capitulations, are free, and their owners may not seek them or send them to the judges, unless they are from canaries or negroes of Wolof from their islands.
22. The Muslims shall not give or pay to Their Highnesses more tribute than they are accustomed to paying to the Muslim Kings.
23. That all the Muslims of Granada and its territory and the Alpujarras, and those that are in Barbary, will be given an initial term of three years to be included in the terms of the Capitulation if they wished to do so.
24. That if any Muslim were to go to Barbary and then find he did not like the way of life, their Highnesses will give you leave to three years to be able to do so, and enjoy all of the other capitulations as well.
25. Any Muslims accepting the Capitulations who wished to cross to North Africa for purposes of trade would be freely permitted to do so; also to any places in Castile or Andalusia, with no tolls to pay other than those commonly paid by Christians.
26. It shall not be allowed for any person to mistreat, by deed or by word, any Christian man or woman who, previous to this treaty, has converted to Islam; and if any Muslim has a wife who is a renegade[a Christian who converted to Islam]that person shall not be forced to become a Christian against her will, and she shall be interviewed in the presence of Christians and Muslims, and her will shall be followed; and the same will be done with boys and girls born to a Christian woman and a Muslim man.
27. No Muslim shall be forced to become Christian against his will. And if a woman in love, either married or widow, should wish to become Christian, she shall not be allowed to convert until she is interviewed. And if she has taken away from her parents house. Clothing or jewels, these will be restored to the rightful owner, and guilty persons will be dealt with by the law.
28. Neither Their Highnesses nor their successors shall ever ask King Abdullah or those from Granada and its lands, nor the others who enter into this agreement, to give back horses, property, cattle, gold, silver, jewels, nor any other thing that was won in any way during the war and rebellion, either from Christians or from Muslims who are or are not Mudajjan. If any person recognized objects as theirs, they were not entitled to ask for them back and indeed could be punished if they did.
29. That if any Muslim injured or killed a Christian man or woman who was his captive, he will not be held accountable for it forever.
30. Once the three years are up, the Muslims shall not pay any greater amount in rent for estates and lands than it shall appear fair for them to pay in light of their value and quality.
31. The judges, officials, and governors Their Highnesses shall appoint in the city of Granada and its surrounding areas shall be persons who will honor the Muslims and treat them affectionately, and shall observe this treaty; if anyone should do anything improper, Their Highnesses shall order them to be replaced and punished.
32. Their Highnesses and their successors shall not ask or inquire of King Abdullah or any other person covered by this agreement about anything they have done, no matter what it is, previous to the day of the surrender of this city and its fortresses.
33. No military governor, squire or servant of the King Al Zagal shall have any position or authority at any time over the Kings of Muslims in Granada…
34. Their Highnesses order the preservation of the customs of the Muslims relating to inheritances, and that in such matters the judges will be their Qadi’s
35. All Muslims other than those included in this agreement who desire to enter their highnesses’ service within thirty days may do so and enjoy all the benefits of it, other than the three-year period of tax exemption.
36. The Awqaaf and the emoluments from the masajid, and the Zakat and other things customarily given to Madaris and schools where children are taught will be the responsibility of the Fuquha, to distribute them as they see fit, and that their Highnesses or his ministers, will not interfere in this nor any aspect of it, nor will they give orders with regard to their confiscation or sequestration at any time in the future.
37. The Muslims shall not be compelled or forced into any kind of military service against their will, and if Their Highnesses shall wish to recruit any cavalry, summoning them to any place in Andalusia[the Spanish province], they shall order them to be paid from the day they leave until they return to their homes.
38. Their Highnesses shall order the maintenance of the existing irrigation channels, ditches, and the fountains that go into Granada, and they shall neither alter them nor take any part of them; and should anyone do so or should anyone throw any dirty thing into them, they shall be punished for it.
39. That the butcher of the Christians be separated from those of the Muslims, and the supplies from one not be mixed together with those of the other, and if any do so will be punished for it.
40. The Jews who are natives of Granada and the Albaicin and its surrounding Areas and all other places covered by this agreement shall benefit from its contents, provided that those who do not convert to Christianity must leave for Barbary within three years, starting from December 8 of this year.
41. Their Highnesses shall order that all that is contained in this treaty be observed starting from the day when the fortresses of the city of Garnata are surrendered moving forward. To which effect, they have commanded that their royal charter and deed should be signed with their names, and stamped with their seal, and witnessed by Hernando de Zafra, their secretary, and have so done, the actual date at the Vega of Granada, 28th day of the month of November of the year of our salvation 1491.