IMPROVEMENT CLAUSES AND PROPERTY MANAGEMENT: THE LEASE CONTRACTS (EMPRAZAMENTOS) OF THE URBAN PROPERTIES OF THE CATHEDRAL CHAPTER OF BRAGA BETWEEN 1465 AND 1510Abstract
This article analyses the lease agreements for urban properties belonging to the Cathedral Chapter of Braga between 1465 and 1510, with particular emphasis on the improvement clauses included in the emphyteutic leases (emprazamentos). Based on a systematic analysis of the four Livros de Prazos das Propriedades do Cabido da Sé de Braga, preserved in the Braga District Archive, this study investigates how the chapter administered, valued and rationalised urban and peri-urban patrimony in the second half of the 15th century. The documentary corpus, composed mainly of houses and pardieiros (dilapidated buildings), reveals the contractual mechanisms for the management, conservation and profitability of the properties. Combining qualitative and quantitative methods, the study proposes an interpretative model capable of capturing the juridical and institutional dimension of these practices, emphasising the role of the Livros de Prazos as instruments for the maintenance, valorisation and management of capitular patrimony in the context of Portugal’s transition to late medieval modernity.
Keywords
Lease agreements;
emprazamento
; chapter; Braga; Middle Ages
Resumo
Este artigo analisa os contratos de locação das propriedades urbanas do Cabido da Sé de Braga entre 1465 e 1510, com ênfase nas cláusulas de melhoramento presentes nos emprazamentos. A partir da análise sistemática dos quatro Livros de Prazos das Propriedades do Cabido da Sé de Braga, conservados no Arquivo Distrital de Braga, investiga-se como o Cabido administrou, valorizou e racionalizou o patrimônio urbano e periurbano na segunda metade do século XV. O corpus documental, composto sobretudo por casas e pardieiros, revela os mecanismos contratuais de gestão, conservação e rentabilização do edificado. Combinando métodos qualitativos e quantitativos, o estudo propõe um modelo interpretativo capaz de apreender a dimensão jurídica e institucional dessas práticas, evidenciando o papel dos Livros de Prazos como instrumentos de manutenção, valorização e gestão do patrimônio capitular no contexto da transição portuguesa para a modernidade tardo-medieval.
Palavras-chave
Contratos de locação; emprazamento; Cabido; Braga; Idade Média
1. Introduction
The present article aims to analyse the lease contracts (emprazamentos) of urban properties belonging to the chapter of the Cathedral of Braga between 1465 and 1510. These contracts, drafted in normative language and intended to regulate the obligations of the parties involved, make it possible to examine multiple dimensions of the relationships between the grantor (property owner) and the emphyteuta (contracting party). Analysis of their content enables the extraction of data concerning the most common contractual mechanisms employed by the canons of the Cathedral of Braga in the administration of their urban real estate assets.
This documentary corpus further provides elements that allow the identification of the types of properties involved – composed, in their overwhelming majority, of houses and, to a lesser extent, of pardieiros (ruinous or derelict structures)5 – as well as their state of conservation and the corresponding rental values established. Nevertheless, this study does not prioritise a typological analysis of Braga’s urban real estate stock – a subject to be developed in subsequent research. Instead, it focuses on an aspect frequently overlooked in the methodologies applied to this type of source in studies on the medieval city of Braga: the improvement clauses included in lease agreements, specifically, in this case, determinate-period contract (emprazamentos).
It is important to underscore, from the outset the complexity inherent in examining such contractual provisions, arising from their predominantly qualitative nature, which requires a meticulous and attentive reading of the normative texts in order to articulate, pari passu, qualitative dimension with quantitative treatment.
The principal challenge lies in the systematisation of these data. The organisation of an informational database derived from detailed readings of the documentation proves to be a time-consuming task which, although grounded in methodologies widely employed in historiography, imposes specific demands in terms of normalisation, internal coherence, and analytical use of the information. When examined collectively, these data make it possible to delineate an expressive framework of the strategies adopted by the canons of Braga for the enhancement and maintenance of the built environment intended for lease.
For the present analysis, the four Livros de Prazos das Propriedades do Cabido da Sé de Braga (Books of Determinate-term Leases of the Cathedral Chapter of Braga Properties), currently preserved at the District Archive of Braga (Arquivo Distrital de Braga, A.D.B.), were systematically examined. These codices are distinguished by the fact that they record exclusively Emprazamentos contracts concluded by the canons of the Archdiocese of Braga, thus constituting the only sources produced by the episcopal administration concerning this documentary typology available for the study of contracts related to urban and peri-urban properties – the latter corresponding to the immediate extramural zone of the city – albeit restricted to the late Middle Ages. It should be noted that, within this set, the third book, covering the years 1465 to 1500, incorporates contracts originating from the first two volumes, which span, respectively, the periods 1465–1476 and 1476–1492. The fourth codex, in turn, encompasses the interval between 1500 and 1510, although the documentation concerning urban and peri-urban properties is limited to the year 15026.
The chronological arrangement of these records remains, however, ambiguous. Although the first book contains a reference to the death of Archbishop D. Fernando da Guerra7, which occurred on 26 September 1467, it provides no further clarification regarding the organisation of the four volumes8. It is plausible to assume that the preservation – and possibly even the production – of these codices is linked to the fact that, in 1472, temporal authority returned to the archiepiscopal sphere after seventy years of interregnum, given that jurisdiction had been transferred to the Portuguese Crown in 1402 through an escambo (exchange agreement) concluded between King D. João I (1357–1433), of the Avis dynasty, and Archbishop D. Martinho Pires da Charneca (1398–1416)9. In this context, the Livros de Prazos may be understood as a juridical expression of the patrimony held and administered by the canons of Braga at a moment marked by the reassertion of ecclesiastical authority.
It should further be noted that the Jewish community of Braga, whose first judiaria (segregated Jewish quarter) was established along one of the most significant intramural streets – the Rua da Erva, which extending along a south – north axis from the Porta (Gate) de Santiago to the Porta do Sol of the Cathedral, one of the foremost points of access to the cathedral nave – was relocated between 1466 and 147010 by explicit determination of the local authorities. This transfer was implemented through new emprazamentos contracts, which settled the Jewish residents in the southern section of Rua (Street) da Triparia, located to the southwest of the intramural city. This area subsequently came to constitute the Jewish Quarter of Braga, demarcated by two access gates and equipped with a synagogue and a public well for the community (RIBEIRO, 2008, pp. 424–426), and is designated in the documentation as the Judiaria Nova (New Jewish quarter)11.
Representation of the Judiaria Velha and of the occupation corresponding to the southern stretch of the former Rua da Triparia, illustrating the formation of the Judiaria Nova
Although the underlying motivations for recording these emprazamentos still require further conclusive analysis, the use of contractual instruments to implement the relocation of the Jewish population to a peripheral and segregated area underscores the significance of the first Livro de Prazos, which inaugurated, from that point onwards, the systematic practice of documentation that ensured the administrative continuity of the chapter’s patrimony. From this perspective, the subsequent volumes may be understood as part of a record-keeping system aimed at the juridical and institutional consolidation of the Braga chapter’s assets, in alignment with the restoration of archiepiscopal authority in 1472.
2. Between Document and Interpretation
The analysis of this type of historical source has served as a point of departure for various studies on medieval Portuguese cities, although predominantly from the perspective of the urban landscape and, more specifically, of ordinary construction12. The examination of contractual texts, however, makes it possible to identify multiple elements that provide data for a more nuanced understanding of the configuration and dynamics of urban space, while also revealing the patrimonial management strategies adopted by the grantors. These contracts further offer valuable information regarding the parties involved – particularly in terms of social status – thus enabling the identification of potential variations in contractual clauses according to different groups of residents, as will be discussed below.
The four codices analysed consist almost entirely of emprazamento contracts, including, in some cases, the exchange of prazos, designated as escambo. The term emprazamento is self- explanatory in its contractual nature: it refers to the act of granting a property “in term” (em prazo), through a legal instrument that authorised the use and usufruct of the asset without transferring full ownership (SILVA, 2011, p. 188), while also allowing, where agreed with the owner (the chapter), for its sublease (subemprazamento)13. These contracts, drafted according to relatively stable formulae, specified the typology of the emprazado (leased) asset, its location within the urban space, and the duration for which the beneficiary could enjoy its use. Their term was typically established “for lives” – generally three – corresponding to approximately two generations. This practice became consolidated among religious institutions from the thirteenth century onwards, achieving wide diffusion in the fourteenth and fifteenth centuries, and becoming one of the main mechanisms for the management of ecclesiastical property (SÁ, 2001, p. 189).
It should be noted that the contracts contained in the first two Livros de Prazos were, almost in their entirety, summarised in the third volume, with the exception of sixteen documents from each, absent for reasons that remain undetermined. The third codex, in addition to concisely reproducing the content of the earlier prazos14, incorporates fifty-four new records, amounting to a total of two hundred and nine emprazamento contracts across the three volumes, excluding duplicates. The fourth codex, more limited in scope, contains only fifteen documents, bringing the total to two hundred and twenty-five records for the period between 1465 and 1502 (see Graph 2).
Annual number of emprazamentos contracts concluded between 1465 and 1502, distinguishing between the total number of contracts and those containing specific clauses.
These contracts were systematically organised into a database constructed according to predefined criteria in order to enable a comparative and quantitative analysis of their constituent elements. Information was extracted regarding the date of execution, the nature of the property granted in prazos, its location within the urban fabric (specifically the street name), and the identification of the emphyteuta. Concerning the latter, an effort was made to determine their socio-occupational profile: whether they were outsiders, whether they exercised a specific occupation, whether they belonged to the clergy, whether they were women, or members of the Jewish community. Clauses concerning construction or reconstruction requirements were also recorded, as well as the time limits stipulated for the execution of such works, the penalties applicable in cases of non-compliance, and the requirement – or absence thereof – of guarantors, thereby allowing for an assessment of the types of securities demanded by the chapter according to the condition of the leaseholder (emprazante).
3. Emprazamentos and emphyteutas in the urban space of Braga
The analysis of the names and social status of the emphyteutas – that is, the contracting parties to whom prazos were granted under the conditions imposed by the canons – reveals a notable diversity of occupations and socio-economic profiles. In this context, a predominance of lay individuals is observed, particularly those engaged in commercial and artisanal activities. Among the trades identified are carpenters15, goldsmiths16, barbers17, merchants18, muleteers (almocreve)19, leatherworkers20, shoemakers21, stonemasons22, tailors23 and makers of leather straps (ataqueiros)24. More specific designations also appear, such as the labourer (braceiro) Gonçalo Fernandes25, the pewterer (picheleiro) Rodrigo Álvares26, the muleteer (azemel) in the service of Doctor Sebastião 27, Pedro Anes, the belt-maker (cinteiro) Afonso Pires28, the saddler João Gonçalves29, the blacksmith Rodrigo Afonso30, the furrier (peliteiro) Pedro da Lama31, the butcher Rui Gonçalves32, the fishmonger (“peixota”) João Pires33 and the weaver Vasco Fernandes34.
There are also emphyteutas linked to defensive functions, such as the deputy castellan (alcaide pequeno) of Braga, Álvaro Brandão35, and some squires 36. Others held positions connected to justice, fiscal administration, and governance: the scribe (escrivão) Álvaro Afonso37, chancery scribes 38, the procurator and notary before the vicars, Luís Afonso39, the judge Diogo Rodrigues Bocarro40, the town crier Lopo Anes41 and the vedor (overseer) of the archbishop, Lourenço Mendes42. It is also pertinent to mention individuals associated with service roles, namely retainers attached to the archbishop or to dignitaries of the chapter43.
Among the clergy, members of the cathedral chapter are identified, such as the tercenários (tertiaries)44; the precentor (chantre) of Braga, João Godins 45; the precentor of the Cathedral of Porto, Álvaro Rodrigues46; and the archbishop’s chancellor, João Afonso47. To these may be added bachelors48, the apostolic treasurer, and the organist, João Rodrigues49. Figures of higher standing within the ecclesiastical hierarchy also appear, such as the archbishop’s chaplain, Lopo Afonso50; the daião (dean) of the Braga chapter, Martim Vasques51; the auxiliary bishop of Titopoli, the “Most Reverend Lord” D. Gil52; the archdeacon of Olivença, “the licentiate” Luís Gonçalo Farto53; and the archdeacon of Neiva54. In addition, several clerics are recorded – among them some mass priests55 – as well as abbots: those of São (Saint) Tomé de Negrelos (Gonçalo Vasques)56, São Paio de Mós (Gonçalo Pais)57, São Miguel de Oriz (Álvaro Afonso)58, São Vicente de Oleiros (Fernão Anes)59, São Pedro de Este (Gonçalo Pinto, also a choir cleric)60, Carvalheira in Terras de Bouro (Afonso Álvares)61, Carvalho in Gandarela (Gonçalo Gil, likewise a choir cleric)62 and Figueiredo (João de Belinho).63
Jews appear less frequently in the documentation, reflecting both their status as an ethno-religious minority and the spatial concentration of their properties within the Judiaria Nova, located in the southern sector of Rua da Triparia. With the exception of the houses in the Praça (Square) da Cidade, opposite the Cathedral – initially granted in prazos to Abraão64 and subsequently to Menahem65, both Galician Jews66 – the documentation suggests that the overwhelming majority of properties inhabited by Jews were situated within this segregated and monitored area. Notably, the first reference to a prazo to a Jew, Salomão de Almeida, coincides with the date on which the chapter and the Jewish community formalised the agreement that implemented the transfer of the Judiaria Velha (Rua da Erva)67 to the Judiaria Nova (MARQUES, 1983, p. 98), the former thereafter being renamed Rua de Santa Maria (MARQUES, 1983, pp. 96–97).
With regard to women, there is a marked predominance of emprazamentos contracts granted to widows, whose condition, although not always explicitly stated, may be inferred from formulaic expressions derived from “mulher que foi de ...” (“wife of the late…”)68. Such formulations reveal the persistence of a juridical identity subordinated to the marital bond, even after the husband’s death (SÁ, 2001, p. 106)69. Five cases were identified in which this condition can be clearly recognized70. A further four female emphyteutae, presumably unmarried, appear without any reference to male affiliation, three of these contracts belonging to the same woman, Maria Fernandes71. In general terms, the remaining female emprazantes are associated with their husbands, performing complementary roles within the framework of the urban household economy.
Number of emprazamentos contracts concluded between 1465 and 1502, distributed according to the profile of the emphyteutae, cosidering religious criteria, gender, professional occupation and characteristics of social segregation
Particular attention should, however, be drawn to the singular case of Inês Fernandes, recorded in 1472 as a female tailor (alfaiata), with no reference to any conjugal bond72. According to Maria da Fonseca Antunes Alves Pereira, the occupation of female tailor is, to date, attested in only two other instances – one in Porto and another in Santarém (BEIRANTE, 1980, p. 211). The inclusion of Inês Fernandes thus broadens the geographical scope of such occurrences and points to a more significant female presence in artisanal activity. Nevertheless, as noted by Alberto Sá (2001, p. 106), in his discussion of A mulher e o trabalho nas cidades medievais portuguesas by Maria Helena da Cruz Coelho (1990, pp. 37–59), women’s participation in tailoring may have been more widespread than surviving records suggest73, particularly when associated with small-scale urban commerce. After all, historical documentation tends to provide fragmentary traces of everyday life rather than comprehensive representations of past realities.
Two additional groups may also be identified. The first comprises individuals whose occupation remain undetermined, as the contracts record only their names. The second, more informative group includes sixteen emphyteutae originating from locations outside Braga, indicating a degree of mobility. Some, such as the furrier (peliteiro) Pero da Lama74 and Vasques Anes75, came from Rio Caldo, within the termo and couto (A medieval privileged territory with local jurisdictional autonomy) of the city; others from more distant towns, such as Martim de (of) Guimarães76, Lopo Afonso de Castelo Rodrigo77, the leatherworker (correiro) João Álvares de Tomar78, and João de Sintra79. There are also Castilian contractors, including the Jews Menahem, Abraão, and Mosse80, from Galicia, as well as the merchant João de Toledo81. This diversity of origins indicates that Braga, in the period under analysis, not only attracted specialised individuals from other regions but also sustained an economy sufficiently dynamic to generate migratory and commercial flows. This diversity of origins indicates that Braga, in the period under analysis, not only attracted specialised individuals from other regions but also sustained an economy sufficiently dynamic to generate migratory and commercial flows.
These findings suggest that ancient routes of Roman origin continued to facilitate circulation between Braga and other urban centers in the north-western Iberian Peninsula82. The presence of New Christians, such as Graniel de Barros and Branca Pereira, already established in Ponte de Lima around 150083, further reinforces the hypothesis of the persistence of these routes84. In this context, it is reasonable to suppose that João de Ponte85 and Fernão de Ponte86 were natives of Ponte de Lima, while the canon Diogo de Viana87 likely originated from Viana da Foz do Lima (present-day Viana do Castelo), since this was, in the medieval period, the closest designation to Braga that would justify the toponymic attribution associated with his name.
More broadly, the properties granted in prazos by the Braga chapter were destined for a wide range of socio-occupational categories, as the documentation does not reveal explicit restrictions regarding the status of the emphyteutae. Nevertheless, it is possible that certain properties were subject to specific conditions of usufruct directed toward particular groups. This hypothesis is supported, for instance, by the houses located on Rua das Ousias (see Figure 3), frequently mentioned in the sources and apparently reserved for the Tesoureiros (treasurers) of the chapter88. The corpus thus reveals a complex social structure in which the relative accessibility of emprazamentos contracts appears to coexist with more circumscribed forms of continued appropriation of certain properties through successive emprazamentos.
Cartographic representation of the intramural urban street system of the city of Braga in the second half of the fifteenth century.
4. Improvement conditions in emprazamentos contracts
The emprazamentos contracts analysed may be classified according to two distinct perspectives, both structured around obligations concerning the maintenance of the built patrimony. The first relates to the full compliance with customary clauses and/or conditions89 which, in their normative formulation, frequently stipulate the obligation to restore the emprazada property in the event of damage, provided that such interventions result in improvements rather than in the deterioration of the asset – “that they improve and not worsen” (“que melhorem e não piorem”).
The second classification concerns specific clauses in which precise construction-related interventions are delineated, with or without defined deadlines. In such cases, the notarial scribe responsible for drafting the contract described in detail the required repairs, often accompanied by broad formulae imposing upon the emprazador the responsibility to “repair and correct all the rest” (“reparar e corrigir todo o resto”), or more commonly, that they “correct all that is required of them and is necessary” (“corrija tudo o que lhe cumprir e faz mester”)90. The supervision of these works fell to the officials of the chapter – the so-called vedores da casa do Cabido, that is, those responsible for inspection – who were charged with establishing restoration priorities and setting differentiated timeframes, distinguishing between non-deferrable repairs and long-term interventions, always under careful oversight.
Although it was common to define the works to be carried out, the advanced state of deterioration of certain properties often require the complete restoration of the building, frequently specifying all that was to be rebuilt91. Of the 225 contracts examined, only 75 (approximately one third) included repair instructions with a high degree of specificity – a significant, albeit minority, documentary subset (see Graph 2). Among these, requirements relating to the rehabilitation of façades (frontals) and the structural “correction” of walls predominated, although the chapter appears to have devoted particular attention to the integrity of other functional components, such as partitions (internal divisions), flooring (timber boarding), doors, balconies, and beams.
In certain cases, contractual clauses extended to spaces of specific use, such as kitchens – as in the case of a two-storey house located in the Praça da Cidade92 – or to utilitarian installations, such as the Forno (oven) da Infanta93. Although less frequent, some contracts provided for interventions of greater scope, including the complete reconstruction of ruined properties or the ex-novo construction of houses. The conversion of rudimentary structures into more complex buildings is also recorded, encompassing the alteration or rehabilitation of single-storey houses or pardieiros (hovels) into two-storey houses94, or even the construction of a cavalariça (stable)95.
Among the elements most frequently mentioned in maintenance clauses, roofs stand out due to the recurrent need for repair – often culminating in their complete replacement96. An illustrative example is the emprazamento contract for pardieiros on Rua dos Chãos, concluded with Vasco Fernandes, a tecelão (weaver), in which the exclusive use of black tiles was required. Although the precise nature of the material is not specified, it is reasonable to assume that these were schist or slate tiles, materials abundant in the Braga region and traditionally employed in roofing due to its high resistance to adverse weather conditions, particularly suited to harsh winters (CASTANHAS, 2020, p. 66).
Wood, in turn, constituted the principal construction material, given its wide availability in the surrounding rural areas. The contracts reveal the concern of the canons of Braga with the solidity of timber structural frameworks, recommending interventions to “repair them anew” (“corrigi-los de novo”) – an expression denoting both restoration and reinforcement97. Beyond structural components, wood98 was extensively employed in a variety of architectural elements, including roofing, beam frameworks, flooring, doors, windows, and staircases (CONDE and VIEIRA, 2004, p. 10; MELO and RIBEIRO, 2018, p. 34), and was not infrequently combined with stone or taipa (rammed earth) in wall construction99.
This constructive logic is also reflected in the practice of supplying materials by the chapter itself. In a contract concluded with Maria Fernandes, an unmarried woman, for the construction of a two-storey house adjacent to a smaller one on Rua de Palhas (see Figure 2), near the Forno da Infanta100, she was provided with four moios (traditional dry measure) of tiles, in addition to other necessary materials101. A similar situation occurred on Rua de Janes, where João Afonso, pedreiro (mason), received supplies to “build, repair, and restore” (“fazer, corrigir e reparar”) houses in a ruinous state, including twelve moios of tiles for a ground-level house (casa terreira)102. In another case, concerning properties at Cruz (cross) da Carrapata103, the chapter and the abbot of Covas jointly subsidised four hundred tiles for the emphyteuta Brás Afonso, a tailor, thereby enabling the complete restoration of the property104.
References to repairs and construction materials required in emprazamento contracts issued by the Chapter of the cathedral of Braga
The documentary evidence suggests that the chapter, with relative frequency, assumed partially or entirely the material costs of conservation works, thereby revealing not only its direct interest in the physical preservation of its assets, but also in maintaining emphyteutic income and, above all, reinforcing its juridical control over properties within its direct domain.
Conversely, there are cases in which emphyteutae undertook improvements at their own expense – although their precise motivations remain unclear – and were, for that reason, exempted from the payment of contractual charges105, or had such obligations temporarily suspended during the construction period106. This practice bears similarities to that observed in the context of properties belonging to the canons of Porto, as demonstrated by Luís Miguel Duarte and Luís Carlos Amaral (2014, p. 108), where improvements carried out by leaseholders generally reverted to the owner without any form of compensation.
However, the stance adopted by the Braga chapter appears to have been more flexible. In several clauses, explicit exceptions are provided for unforeseen or extraordinary events – such as earthquakes107 and fires – in which emphyteutae were exempted from the obligation to repair or reconstruct damaged properties108. This approach contrasts with that of the Cathedral of Porto, which imposed reconstruction irrespective of the cause of destruction, albeit with particular emphasis on damage caused by fire (DUARTE and AMARAL, 2014, p. 108).
At the same time, an alignment may be observed between the contractual policy of the chapter and the incentives promoted both by the Crown and by municipal authorities, aimed at enhancing urban property as a strategy for increasing fiscal revenue. This logic, associated with the possibility of renegotiating contracts at higher values, is particularly evident in properties belonging to the municipal council of Braga (MARTINS, 2015, p. 585). This phenomenon may be understood within the framework of market dynamics described by Michel Bochaca, who identifies a progressive appreciation of urban property driven by the laws of supply and demand (BOCHACA, 2007, p. 67).
With regard to the distribution of improvement clauses among the different social groups represented in the documentation, the data reveal slight variations. Of the 21 contracts concluded with members of the Jewish community, 32.3% contained specific clauses requiring construction works – a proportion comparable to that observed among lay individuals (31.4%, out of a total of 85 contracts) and members of the clergy (28.9%, out of 86 contracts). Women accounted for 23.5% (13 contracts), followed by unidentified individuals (23.1%, out of 20 contracts) and those originating from outside the city (25%, out of 12 contracts). Although these percentages display moderate variation, the overall pattern suggests a relative contractual balance, with a slight concentration among groups more deeply integrated into structures of urban power and local economic networks.
Despite this apparently balanced distribution, there are indications of contractual restrictions applied to the Jewish community, possibly as a consequence of their compulsory relocation from the Judiaria Velha to the Judiaria Nova109 – a segregated space, marginalised from interaction with the Christian population. This process may also be interpreted as creating opportunities for real estate valorisation. By contrast, contracts concluded with members of the clergy reveal a lower incidence of construction-related requirements when considered in proportion to the total number of contracts, which may be interpreted as reflecting institutional privileges and bonds of solidarity with the canons, suggesting a possible policy of preferential treatment across different strata of the Church.
The relatively low incidence of improvement clauses in contracts granted to women appears to be correlated with the requirement, in certain cases, for the appointment of guarantors110. Although the specialised literature on this subject remains limited – thus constraining more definitive conclusions – the documentary evidence indicates that surety played a central role in safeguarding contractual compliance, particularly in contexts marked by financial instability. This requirement appears with greater frequency in contracts involving women111, reflecting the perceived need for additional safeguards in agreements with female emphyteutae.
Emprazamento contracts containing improvement clauses, categorized according to the social profile of the emphyteutae (1465–1502)
In addition to surety, the chapter incorporated sanctioning mechanisms through carefully formulated penalty clauses designed to deter non-compliance. Such clauses, while not exclusive to women, applied to any contracting party112 and entailed significant financial penalties – ranging from 1,000 to 5,000 reais brancos, with only a few cases exceeding 10,000113. These penalties included, beyond monetary payment, the forfeiture of the leasehold term, functioning as a deterrent against contractual breach (“tente”) by either party (“aguardante”) – both the grantor and the grantee.114.
Indeed, the analysis of the Livros de Prazos reveals a notable degree of construction dynamism in Braga during the second half of the fifteenth century, especially when contrasted with data derived from the Livros de Tombo for the late fourteenth and early fifteenth centuries. Between 1369 and 1404115, there was a reduction in the number of two-storey houses – from five to only two – indicating a period of stagnation in the vertical development of the urban fabric. This trend was reversed between 1475 and 1490, when the chapter issued nearly a dozen specific clauses encouraging vertical expansion: the conversion of single-storey houses into two-storey houses or the addition of new floors to existing structures (see Graph 3).
Between 1478 and 1484, the issuance of contracts became virtually annual, suggesting an active policy of urban revitalisation and vertical expansion of residential buildings. This initiative appears to have been driven by demographic pressures and an intensification of demand for urban space. Growth was not confined to the intramural area but instead extended to the arrabalde of Chãos (to the northeast) and Maximinos (to the southwest), confirming the progressive occupation of peri-urban fringes, consistent with broader demographic patterns of the late Middle Ages.
A particularly illustrative case of this strategy of verticalization is found in an emprazamento contract from 1475 concerning the modification of three single-storey houses located opposite the Church of São João do Souto. The document stipulates that only the central house was to be raised to a two-storey structure, while the lateral houses were to remain single-storey:
“(...) o qual prazo lhe ffezerom de tres casas terreiras que ssom na Rua de Janoas de ffronte da egreia de sam Joham. scilicet. assy som tres casas Juntas huma com outra . com esta condiçom que da feitura desta prazo a çinquo anos primeiros segujntes ffaça a casa do meeo levantada e ssobradada de nouo com frontal E sobbrado e as outras aJa . como estam (...)”
(A.D.B., 1º Livro de Prazos…, fl. 121 e 3º Livro de Prazos…, fl. 48)116.
Historical cartographic analysis corroborates these contractual provisions. In the representation by Georg Braun (1594), only the central house appears elevated, in accordance with the 1475 contract. In the Mapa de Braga Primaz (1755), however, all the houses in the row display vertical development, although the central one remains visibly taller – indicating that, over the course of the early modern period, the remaining buildings were progressively heightened, thereby consolidating a denser and more verticalized urban landscape around the church.
Location of the three houses situated in the Largo (square) de São João do Souto/Largo da Rua de Janes, as represented cartographically in 1755 (image on the lower right). In Braun’s map of 1594, the same buildings appear: a two-storey house in the centre, flanked by two single-storey houses
This example illustrates not only the materialisation of contractual clauses within urban space, but also the limits and differentiated rhythms of architectural transformation, thereby evidencing a gradual process of urban renewal, regulated by institutional agents and conditioned by specific directives governing the use and occupation of space.
Emprazamento contract recorded in the first Livro de Prazos (fl. 48), corresponding to folio 121 of the third Livro de Prazos, with the clause requiring the transformation of the property opposite the Church of São João emphasized within a rectangle
In the topographical plan of Braga produced by Francisque Goullard (1883–1884), the buildings formerly located opposite the Church of São João do Souto no longer appear in the urban fabric, suggesting their probable demolition between the late eighteenth and mid-nineteenth centuries. This absence from nineteenth-century cartography may constitute an indication that the processes of urban transformation occurring during this period entailed either the suppression or the substantial alteration of medieval built heritage, thereby contributing to a significant reconfiguration of the historic urban fabric.
Topographical plan of Braga produced by Francisque Goullard (1883–1884), sheet no. 15; the black circle indicates the area where the three houses recorded in the Livros de Prazos no longer appear
Finally, returning to the Livros de Prazos, a broader analysis reveals that emprazamento contracts reflect increasing pressure for the occupation – or reoccupation – of vacant plots (baldios), suggesting an active dynamic of utilising idle spaces both the city and along its immediate periphery. This pattern finds a parallel – and is even more pronounced – in the strategies promoted by the municipal council of Braga, which, between 1445 and 1509, encouraged the granting of urban and peri-urban lands under emphyteutic tenure. The scale of this effort is demonstrated by the fact that 47% of the council’s assets consisted of rossios or chãos – categories designating, respectively, vacant lands and unbuilt plots, many of them adjoining the city walls, whose strictly defensive function was gradually diminishing.
This policy reveals a clear orientation toward the densification of the urban fabric, aimed not only at the valorisation of peri-urban land117, but also at strengthening revenues derived from the emphyteutic concession of such plots within the urban area, through clauses mandating the construction of buildings in order to expand and enhance the municipal real estate patrimony.
This set of contractual practices thus evidences a process of functional transformation of the urban patrimony under the chapter’s control – perceptible in the increasing value of properties and in vertical occupation of space through the construction of tow-storey buildings – articulated with the demographic and economic pressures that intensified from the second half of the fifteenth century onward.
This dynamic reached its full development in the sixteenth century under the impetus of the urban reforms promoted by Archbishop D. Diogo de Sousa, which decisively transformed the morphology of the city. These interventions reflected new paradigms of urban conception and incorporated architectural principles characteristic of the sixteenth century, revealing a clear integration of constructive rationality, aesthetic valorisation, and the organization of urban space118.
5. Conclusion
The analysis of the Livros de Prazos constitutes only a partial view of the extensive body of real estate existing in the city of Braga during the second half of the fifteenth century, being confined to contracts concluded over a period of approximately forty-five years. This sample, naturally, does not reflect the totality of properties under the chapter’s domain, since, according to the inventory presented in the third Livro de Tombo, 263 houses were identified for the biennium 1403–1404 alone119. It is also necessary to consider the presence of other holders of urban property – such as confraternities, hospitals, hostels, the city’s leprosarium (gafaria), the Order of Christ, certain monasteries, and the municipal council – as well as institutions whose documentation remains incomplete, such as the archiepiscopal estates, much of whose records have been lost.
Nevertheless, the present study has sought to contribute to a more precise understanding of the contractual modalities governing the exploitation of real estate assets by the canons. Through a detailed examination of the contractual texts, particular attention was devoted to the interpretation of the clauses revealing the intentions and underlying motivations behind proposals for the maintenance and enhancement of built patrimony. This approach has made it possible to identify a consistent concern among the canons to valorise the urban assets under their control, through carefully structured contracts endowed with complex juridical provisions designed to ensure the increase of revenues, the renewal of buildings, and the management of an extensive property set, without compromising the chapter’s juridical and institutional authority over these assets.
A growing concern with the conservation and improvement of buildings is thus evident, frequently accompanied by clauses specifying repairs and materials – sometimes of notable quality – as well as the means of financing the works, whether through the provision of materials or monetary resources. Contractual provisions, often of a penal nature, also reveal a certain flexibility regarding the profile of leaseholders, including cases in which widows or other women appear as tenants, occasionally supported by guarantors – constituting a relatively uncommon practice.
This pattern also reflects a clear tendency toward verticalization, largely driven by the densification of urban space, with contracts stipulating the ex-novo construction of two-storey houses or the addition of new floors to pre-existing buildings. This indicates not only demographic pressure upon certain sectors of the urban fabric, but also the strategic exploitation of this context of demographic intensification120 by the chapter, aimed at enhancing and expanding its patrimony and securing higher rents. Although these findings do not yet allow for a comprehensive reconstruction of the urbanistic and socio-economic reality of the period, the present study proposes a distinctive interpretative approach to this type of source by articulating a methodology that integrates documentary analysis, statistical treatment, and an urbanistic perspective, thereby extending the scope of understanding regarding the administration and transformation of the urban space in Braga during the Late Middle Ages.
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Research data availability
all data are available in the text
References
- 3º Livro de Tombo das Propriedades do Cabido da Sé de Braga (1403–1404).
- 1º Livro de Prazos das Propriedades do Cabido da Sé de Braga (1468–1475).
- 2º Livro de Prazos das Propriedades do Cabido da Sé de Braga (1476–1492).
- 3º Livro de Prazos das Propriedades do Cabido da Sé de Braga (1466–1500).
- 4º Livro de Prazos das Propriedades do Cabido da Sé de Braga (1499–1510).
References
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STRAVIZ, Isaac Alonso. Dicionário eletrónico e-Estraviz. 2007. Disponível em: https://estraviz.org Acesso em: 11 out. 2025, às 11h30.
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Prepared by the author based on MARTINS and RIBEIRO (2013, p. 39).
Map prepared by the author in inkscape software with the support of Google Earth Pro.
Prepared by the author base on MARTINS and RIBEIRO (2013, p. 39).
Prepared by the author based on MARTINS and RIBEIRO (2013, p. 39).
