Basque Foruak and the Carlist Wars: A Historical Analysis

Basque Old Laws, Foruak, and Liberalism

The Foral Regime: A Distinctive Political Identity

The foral regime is the most distinctive political and juridical feature of the Basque Country, stretching from the Middle Ages to the contemporary era. The Foruak recognized separate laws, taxation, and courts in each province. This brought an internal division reflected in the name of each territory: the Kingdom of Navarre, Biscay, Gipuzkoa, and Araba.

The relationship between the foruak and the constitution remains a contentious issue; Basques see them as a fundamental right, while many Spaniards historically viewed them as privileges. Key features included:

• Exemption from certain fixed taxes.
• Every Basque born was free from torture and mandatory military service, unless it took place within the Basque Country.
• Any monarchical order was considered invalid if it contradicted the foruak.

The Decline of Foralism

Absolute monarchs attempted to dismantle these systems, beginning with the judicial structures of the Peninsula. Subsequently, Bourbon centralism sought to end the old laws. The French Revolution further confirmed this centralization, as regions were reorganized based on administrative concerns rather than cultural ones.

In the southern Basque Country, the tension between foralism and the crown became a focal point for liberalism. It was argued that if foralism did not end, liberalism could not prosper, which ultimately triggered the Carlist Wars.

Carlism: A Legitimist Movement

Carlism was a legitimist political movement of the 19th century in Spain, seeking the establishment of a separate line of the Bourbon family on the throne, which caused several civil wars. It took deep roots in the Basque Country due to its foralism and religious nature.

The First Carlist War (1833–1837)

The First Carlist War began after Ferdinand VII's death in 1833. A seven-year conflict erupted between absolutism and liberalism, dividing the country. Bourgeoisie and liberals supported Isabella, while the enemies of liberalism—including farmers and peasants burdened by high taxes—supported the Carlist cause.

The war featured two main figures: Zumalakarregi (who died in Bilbao in 1835) and Espartero. Zumalakarregi organized a volunteer army and achieved early victories against the liberals, but his death during the Siege of Bilbao turned the tide. The Carlists were eventually defeated, and the war ended in 1837 with the Embrace of Vergara. Signed by Espartero, this convention promised that the Basque Country's old laws would be respected; however, once Espartero became regent, he broke many of these promises.

In 1841, Navarre ceased to be a kingdom and became an autonomous entity. Meanwhile, Espartero proposed that the other Basque provinces be brought to the same administrative level as the rest of Spain.

The Third Carlist War (1872–1876)

The Third Carlist War took place between 1872 and 1876. This conflict spread to Catalonia due to Carlos's promise to restore local laws abolished by the Nueva Planta decrees of Felipe V. It was once again a rural-urban conflict.

During the First Republic, it appeared the Carlists were gaining ground, but Martínez Campos's coup d'état contributed to their isolation. When the war concluded, Alfonso XII was named king and subsequently eliminated the Basque-Navarre jurisdiction.