Chronological span

The royal court’s itinerancy and the lack of a fixed royal archive until the fourteenth century meant that the documents issued by—or of interest to—the crown were kept in the monarch’s chancery and in the registries of some of the most important monasteries of the kingdom (Santa Cruz in Coimbra, São Vicente de Fora in Lisbon, and Santa Maria de Alcobaça, among others)1Ribeiro, 2003, vol. 1, p. 62, 65-66 (references to the chancery as royal archive); pp. 63-64 (references to monasteries as places for the conservation of royal documents). In this period, it would also be possible for the royal chancery to produce multiple originals of the same document as a way of ensuring its conservation, which would also be kept in monastic cenobies and in other ecclesiastical institutions such as the sees or convents of the Military Orders (Ribeiro, 1819, p. 5-8; Ribeiro, 2003, vol. 1, p. 64). See the recent overview in Lencart, 2021..

The first unequivocal reference to the Torre do Tombo as a depository in Lisbon castle dates from 13672Privilege letter granted by King Dom Fernando, 5 April 1367 (quoted in Tarouca, 1947, pp. 15-16), referring to the conditions of its documentary transmission. This indication of an earlier date than that traditionally mentioned (1378) (Ribeiro, 1819, p. 13, also followed in Ribeiro, 2003, vol. 1, pp. 59-62), has not been taken into account in specialised studies, so we leave it here clearly expressed., although various hypotheses on the establishment of the royal archive in the city of Lisbon point to an earlier period, ranging from the reign of King Dinis to the reign of King Fernando3Fernanda Ribeiro lists the various theses on the date of establishment of the royal archive in Lisbon in Ribeiro, 2003, vol. 1, p. 59-62..

Currently, this institution serves as the National Archive4From the Decree of 18 March 1911 (Diário do Governo, 1911, nº 65, p. 1214, §24)..

Normative documents (main)

  • Ordenações Manuelinas, with a specific title on the escrivão dos feitos do rei (scribe of the king’s acts), who was obliged to copy into register books the sentences favourable to the king, and the respective originals and copies were to be kept at the Torre do Tombo in “a dedicated cabinet”5OM, bk. 1, tit. 18, §2. Sentences should be placed on « hũu almario apartado pera esto, e depois que o livro em que as Escripturas e sentenças forem registadas, como dito he, for acabado, ponha-o em a dita Torre no dito almario»..
  • Ordenações Filipinas, once again including the specific title escrivão dos feitos do rei6OF, bk. 1, tit. 23, §2..
  • Carta régia (royal charter) of 7 August 1621, in which it was determined that all sentences handed down until then and future sentences in favour of the crown would be recorded in the “Livros da Torre do Tombo”7Ed. Silva, Collecção Chronologica, 1854-1859vol. 3, p. 50.;
  • Warrant on the archives of the Juízo das Capelas da Coroa, dated 23 May 1775, in which it is determined that the sentences of incorporation of chantries into the crown be registered in the aforementioned court and also be registered verbum ad verbum in the Royal Archives8Ribeiro, 1819, p. 127-128.;

Competences

General

The Torre do Tombo was created to store royal documents (or those of interest to the crown), namely those of a fiscal nature (tombos, or registers of crown property), normative (regimentos), miscellanea (certificates and letters), and chancery records from the royal chancery25Ribeiro, 2003, vol. 1, p. 69. The well-known letters of Tomé Lopes, scribe of the Torre do Tombo, dated 1526, 1529 and 1532 detail the preponderance of the royal documentation at the Torre do Tombo at the time (edited in Pessanha, 1905)..

From the end of the fourteenth century, the institution began to provide the service of consulting the crown’s documentation, namely in the form of preparing, under the responsibility of its guardas-mores (head record-keepers), of certified copies of the documentation in the institution’s custody26An exhaustive list of these certificates can be found at Ribeiro, 1819, p. 9-25, 50-59, 133-140..

There is evidence that the Torre do Tombo incorporated, from the sixteenth century onwards, documents belonging to members of the royal family, royal officials, and other private documentation deposited under the monarch’s authority27Queen Catarina and Pero d’Alcáçova Carneiro respectively (Ribeiro, 2003, vol. 1, p. 71).. More documents were added in the subsequent centuries (namely in the nineteenth century) with the incorporation of collections from private repositories and those of royal administrative institutions that had been abolished in the meantime28Ribeiro, 2003, vol. 1, p. 73..

On entails

Throughout the history of the royal archives, Portuguese monarchs have ordered the registration and/or conservation of documents relating to entails at the Torre do Tombo, including certificates deposited under royal authority29The letter of Tomé Lopes of 1526 alludes specifically to «E as outras escrituras, assim testamentos, escaimbos, instituições de capellas, morgados, e outras quasquer escrituras que alguns reis, duques, condes prelados, e outros quaisquer dos regnos de Castela, e de França, e outras pessoas destes naturais, na dita Torre em guarda e fieldade as querião poer, avião para isso provisões dos ditos Reys, para lhe serem recebidas» (ed. Pessanha, 1905, p. 291; Ribeiro, 2003, vol. 1, p. 71)..

Some of the documentation relating to entails is found in the register books of royal certificates or certificates (diplomas) considered important to the crown, systematically produced by the royal chancery since the reign of King Afonso III and, on the death of the monarch, deposited at the Torre do Tombo30Ribeiro, 2003, vol. 1, p. 65-66. The same author alludes to a letter from the Chancellor-Major, dated 1761, which ascertained the existence of the tradition, according to which, “(…) para a Torre do Tombo passão os Livros da chancelaria por falecimento dos Reis” (Ribeiro, 2003, vol. 1, p. 68, nt. 34)..

In the medieval period, from the fifteenth century onwards, the increase in the amount of documentation to be kept at the Torre do Tombo led to the need to “reform” the chancery registers of previous kings. This led to document selection drives with the aim of producing either revised registers (the so-called “Zurara Reform”) or new registers with authenticated transcriptions (“Leitura Nova”) carried out during the reigns of King Manuel and King João III. Both the first and the second ensured the transcription of documents relating to entails31Ribeiro, 2003, vol. 1, p. 74-75.: in the case of the “Zurara Reform”, the prologue of the revised register book of the chancery of King Pedro I refers to the document types transcribed therein for “perpetual memory”, among which were the “morgados”32The complete list of document types can be found in the declaration of Gomes Eanes de Zurara, (ed. Ribeiro, 1819, p. 22-23).. Regarding the “Leitura Nova”, the Torre do Tombo’s scribe Cristóvão de Benavente stated, in a report from 1583, that only documents with perpetual validity, such as those of chantry administrations33The list of documents with perpetual value was published in Dinis, 1968, p. 154., were transcribed into those codices.

Also during the reign of King Manuel, the Torre do Tombo registered the rulings favourable to the crown, in accordance with the Ordenações Manuelinas (which included rulings on chantries and morgadios)34OM, bk. 1, tit. 18, §2., as well as the register books (tombos) of chantries, confraternities, and hospitals located in the coastal north and centre of the kingdom, ordered to be drawn up by desembargadores “with [the requisite] authority” sent by the monarch35Rosa, 2012, p. 251, 264, 266..

In the seventeenth century, the books (tombos) of the crown chantries resulting from the investigation process ordered by Tomé Pinheiro da Veiga and his team36The sentences passed in this context have a clause that requires the making of that record in three copies, one for the Torre do Tombo, another for the Provedoria and a last one for the chapel administrator. See, for instance, the sentence of 27 August 1621 about the preparation of the tombo of the chapel established by Martim Pires Vieira in the chapel of S. Pedro in Sta. Maria de Marvila de Santarém, copied in Bk. 2 das Capelas da Coroa (TT, Feitos da Coroa, Capelas da Coroa, bk. 2, ff. 16-19v)., as well as the sentences relating to the claims on chantries recorded in the register books (Livros de Registo) of the royal archives, the latter organised in 1632 for the registration of decrees, announcements, orders, and sentences in favour of the crown, were to be kept in the royal archives37According to the information provided in the database of the holding entity: https://digitarq.arquivos.pt/details?id=4223346 (consult. 7.12.2020).. In the same century, it is known that the miscellaneous documentation of the Portuguese monarchs was organised in drawers, one of which was called “gaveta dos morgados”, which included documentation on entails belonging to or of interest to the crown. Unlike the other “drawers” that have remained until today, this “gaveta dos morgados” was, at an unknown date, separated into an independent series38According to the information provided in the database of the holding entity on Gavetas da Torre do Torre, which served as a source for the description of this archival fonds on the project website Inventarq: https://digitarq.arquivos.pt/details?id=4185743https://inventarq.fcsh.unl.pt/index.php/gavetas (both consulted on 7.12.2020). The Torre do Tombo inventory, made in 1776, records the referred documentation in a specific section entitled «Instituiçoens e tombos de morgados e capellas de particulares e de varias terras e sentenças a favor da Coroa» (Ribeiro, 2003, vol. 1, p. 624). In 1905, this documentation was kept «numa sala de dimensões regulares, chamada da livraria» (Azevedo e Baião, 1905, p. 26). and incorporated in the last century into a collection entitled “Núcleo Antigo”39According to the information provided in the database of the holding entity:  https://digitarq.arquivos.pt/details?id=4223346 (consul. 7.12.2020)..

In the nineteenth century, the Torre do Tombo was also the recipient of one of the copies of the entail registers produced within the scope of the Law of 30 July 1860 on the partial abolition of entails40Ed. Reforma dos Morgados, 1861,  tit. III, §29-30, p. 9.8.

Institutional organisation and the roles of its agents with regard to entails

Institutional organisation

The Torre do Tombo was overseen by a vedor, later called guarda-mor (head record-keeper), who supervised a group of officials made up of scribes, guarda-menores, porter, and a sweeper, usually a slave43Azevedo e Baião, 1905, p. 14. On the composition of this group of officers, see Ribeiro, 2003, vol. 1, p. 86-90..

The roles of its agents

The Torre do Tombo did not have any official with the specific duty to preserve documents relating to entails, so that the registration of such certificates, by virtue of the legislation in force at the time or the orders of monarchs, was carried out by the scribes attached to the institution44Ribeiro, 1819, p. 20..

Relations with other institutions with regard to entails

The Torre do Tombo preserved documents on entails issued by other institutions, such as the Juízo das Capelas da Coroa45According to a warrant on the Arquivo do Juízo das Capelas da Coroa, dated 23 May e 1775. Ribeiro, 1819, p. 127-128..

The Desembargo do Paço was responsible, from 1534 onwards, for issuing provisions authorizing the transfer of documentation from the Torre do Tombo46As stated in his Regimento, ed. Lião, 1569, f. 18v..