New Institutional Economics treats early modern Spain as an example of a state whose political and contracting institutions hindered economic growth. However, the assumption that Spanish political institutions were predatory in this respect has been called into question. This paper challenges the idea that Spain was unable to develop sufficiently good contracting institutions, of which we know relatively little. Using data from Malaga's notarial credit market, I show that legal institutions facilitated contractual compliance in private financial transactions. Specifically, public mortgage registries, which had improved the registration of properties used as collateral since their creation in 1768, favoured the subscription of larger contracts. Furthermore, results suggest that registries could have contributed to the development of a more impersonal credit market.

Recently, new research has challenged the traditional narrative; Spain did not suffer from a ruler that threatened his subjects’ property with excessive taxes and forced loans. Instead, Spanish economic development was held back by decentralised and non-predatory governance, unable to solve the coordination problems blocking the way to more integrated markets. Through the analysis of the governance and loan portfolios of an ecclesiastical order, this paper examines the extent to which mortgage credit markets were fragmented in early modern Spain. This order not only collected resources that it subsequently lent but also pooled them. Indeed, it developed into a nationally integrated organisation able to offer everything from small loans to farmers to substantial amounts to the king and the Madrid elite.