The Laws of the Indies (Spanish : Leyes de las Indias) are the entire body of laws issued by the Spanish Crown for the American and the Philippine possessions of its empire. They regulated social, political, religious, and economic life in these areas. The laws are composed of myriad decrees issued over the centuries and the important laws of the 16th century, which attempted to regulate the interactions between the settlers and natives, such as the Laws of Burgos (1512) and the New Laws (1542).
Throughout the 400 years of Spanish presence in these parts of the world, the laws were compiled several times, most notably in 1680 under Charles II in the Recopilación de las Leyes de los Reinos de las Indias (Compilation of the Laws of the Kingdoms of the Indies). This became considered the classic collection of the laws, although later laws superseded parts of it, and other compilations were issued.
The Spanish Viceroyalties in the Americas sometimes generated conflicts between indigenous peoples ('Natives' or 'Indians')and the Spanish colonists. The Spanish attempted to control the Natives to force their labor. At the same time, conflicts on policy and implementation occurred between the encomenderos and the Crown.
Two of the main sets of laws issued in the 16th century regulated Spanish interaction with the Native peoples, an issue about which the Crown quickly became concerned soon after the voyages of Christopher Columbus and his governorship. The Laws of Burgos (1512), signed by King Ferdinand II of Aragon, focused upon the welfare of the conquered native peoples. The issue was revisited after Bartolomé de las Casas brought attention to abuses being carried out by encomenderos. The Laws of Burgos were revised by the New Laws of 1542 issued by Carlos I and quickly revised again in 1552, after the laws met resistance from colonists. These were followed by the Ordinances Concerning Discoveries in 1573, which forbade any unauthorized operations against independent Native Americans.
The Valladolid debate (1550–1551) was the first moral debate in European history to discuss the rights and treatment of a colonized people by colonizers. Held in the Colegio de San Gregorio, in the Spanish city of Valladolid, it was a moral and theological debate about the colonization of the Americas, its justification for the conversion to Catholicism and more specifically about the relations between the European settlers and the natives of the New World. It consisted of a number of opposing views about the way natives were to be integrated into colonial life, their conversion to Christianity and their rights and obligations. According to the French historian Jean Dumont The Valladolid debate was a major turning point in world history “In that moment in Spain appeared the dawn of the human rights”.
To guide and regularize the establishment of presidios (military towns), missions, and pueblos (civilian towns), King Phillip II developed the first version of the Laws of the Indies. This comprehensive guide was composed of 148 ordinances to aid colonists in locating, building, and populating settlements. These ordinances would be used throughout what is now called South America, Central America, Mexico and the US American West.They codified the city planning process and represented some of the first attempts at a general plan. Signed in 1573, the Laws of the Indies are considered the first wide-ranging guidelines towards design and development of communities. These laws were heavily influenced by Vitruvius' Ten Books of Architecture and Leon Battista Alberti's treatises on the subject.
In Book IV of the 1680 compilation of The Laws of the Indies, plans were set forth in detail on every facet of creating a community, including town planning. Examples of the range of rules include:
These rules are part of a body of 148 regulations configuring any settlement according to the rule of Spain and its colonies. This continued as a precedent in all towns under Spanish control until the relinquishing of the land to others, as in the case of the American colonies and their growth. The Laws of the Indies are still used as an example to design guidelines for communities today[ citation needed ].
The Laws specify many details of towns. A plan is made centered on a Plaza Mayor (main square) of size within specified limits, from which twelve straight streets are built in a rectilinear grid. The directions of the streets are chosen according to the prevailing winds, to protect the Plaza Mayor. The guidelines recommend a hospital for non-contagious cases near the church, and one for contagious diseases further away.
Most townships founded in any part of the Spanish Empire in America before the various parts became independent countries were planned according to the Laws. These include many townships with Spanish names located in what is now the United States. The creation of a central square and rectilinear grid of streets was different from the haphazard and organic growth that led to meandering streets in many old townships in Iberia.
Bartolomé de las Casas was a 16th-century Spanish colonist who acted as a historian and social reformer before becoming a Dominican friar. He was appointed as the first resident Bishop of Chiapas, and the first officially appointed "Protector of the Indians". His extensive writings, the most famous being A Short Account of the Destruction of the Indies and Historia de Las Indias, chronicle the first decades of colonization of the West Indies. He described the atrocities committed by the colonizers against the indigenous peoples.
The New Laws, also known as the New Laws of the Indies for the Good Treatment and Preservation of the Indians, were issued on November 20, 1542, by Charles V, Holy Roman Emperor and regard the Spanish colonization of the Americas. Following complaints and calls for reform from individuals such as the Dominican friar Bartolomé de Las Casas, these laws were intended to prevent the exploitation and mistreatment of the indigenous peoples of the Americas by the encomenderos, by strictly limiting their power and dominion over groups of natives. The text of the New Laws has been translated to English.
Antonio de León Pinelo (1589–1660) was a Spanish-colonial historian.
Adelantado was a title held by Spanish nobles in service of their respective kings during the Middle Ages. It was later used as a military title held by some Spanish conquistadores of the 15th, 16th and 17th centuries.
The Spanish East Indies were the overseas territories of the Spanish Empire in Asia and Oceania from 1565 until 1901. At one time or another, they included the Philippines, Marianas, Carolines, Palaos and Guam, as well as parts of Formosa (Taiwan), Sulawesi (Celebes) and the Moluccas (Maluku). The King of Spain traditionally styled himself "King of the East and West Indies".
The Council of the Indies; officially, the Royal and Supreme Council of the Indies, was the most important administrative organ of the Spanish Empire for the Americas and the Philippines. The crown held absolute power over the Indies and the Council of the Indies was the administrative and advisory body for those overseas realms. It was established in 1524 by Charles V to administer "the Indies," Spain's name for its territories. Such an administrative entity, on the conciliar model of the Council of Castile, was created following the Spanish conquest of the Aztec empire in 1521, which demonstrated the importance of the Americas. Originally an itinerary council that followed Charles V, it was subsequently established as an autonomous body with legislative, executive and judicial functions by Philip II of Spain and placed in Madrid in 1561. The Council of the Indies was abolished in 1812 by the Cádiz Cortes, briefly restored in 1814 by Ferdinand VII of Spain, and definitively abolished in 1834 by the regency, acting on behalf of the four-year-old Isabella II of Spain.
The Laws of Burgos, promulgated on 27 December 1512 in Burgos, Crown of Castile (Spain), was the first codified set of laws governing the behavior of Spaniards in the Americas, particularly with regard to the Indigenous people of the Americas ('native Caribbean Indians'). They forbade the maltreatment of the indigenous people and endorsed their conversion to Catholicism. The laws were created following the conquest and Spanish colonization of the Americas in the West Indies, where the common law of Castile was not fully applicable.
The New Kingdom of Granada, or Kingdom of the New Granada, was the name given to a group of 16th-century Spanish colonial provinces in northern South America governed by the president of the Audiencia of Santa Fe, an area corresponding mainly to modern-day Colombia, Panama and Venezuela. The conquistadors originally organized it as a captaincy general within the Viceroyalty of Peru. The crown established the audiencia in 1549. Ultimately the kingdom became part of the Viceroyalty of New Granada first in 1717 and permanently in 1739. After several attempts to set up independent states in the 1810s, the kingdom and the viceroyalty ceased to exist altogether in 1819 with the establishment of Gran Colombia.
The Real Audiencia of Quito was an administrative unit in the Spanish Empire which had political, military, and religious jurisdiction over territories that today include Ecuador, parts of northern Peru, parts of southern Colombia and parts of northern Brazil. It was created by Royal Decree on 29 August 1563 by Philip II of Spain in the city of Guadalajara. It ended in 1822 with the incorporation of the area into the Republic of Gran Colombia.
The Real Audiencia of Santo Domingo was the first court of the Spanish crown in America. It was created by Ferdinand V of Castile in his decree of 1511, but due to disagreements between the governor of Hispaniola, Diego Colon and the Crown, it was not implemented until it was reestablished by Charles V in his decree of September 14, 1526. This audiencia would become part of the Viceroyalty of New Spain upon the creation of the latter two decades later. Nevertheless, the audiencia president was at the same time governor and captain general of the Captaincy General of Santo Domingo, which granted him broad administrative powers and autonomy over the Spanish possessions of the Caribbean and most of its mainland coasts. This combined with the judicial oversight that the audiencia judges had over the region meant that the Santo Domingo Audiencia was the principal political entity of this region during the colonial period.
The Real Audiencia of Guadalajara, was the highest tribunal of the Spanish crown in what is today northern Mexico and the southwestern United States in the Viceroyalty of New Spain. It was created by royal decree on February 13, 1548, and was originally located in Compostela and permanently seated in Guadalajara in 1560. Its president was the chief political and executive officer of the district, subordinated only to the Viceroy.
The Real Audiencia de Manila was the Real Audiencia of the Spanish East Indies, which included modern-day Guam, the Northern Mariana Islands, Palau, Micronesia and the Philippines. Similar to Real Audiencias throughout the Spanish Empire, it was the highest tribunal within the territories of the Captaincy General of the Philippines, a dependency of the Viceroyalty of New Spain.
The Captaincy General of Yucatán was an administrative district of colonial Spain, created in 1617 to provide more autonomy for the Yucatán Peninsula, previously ruled directly by a simple governor under the jurisdiction of Audiencia of Mexico. Its creation was part of the, ultimately futile, Habsburg attempt in the late 16th century to prevent incursion into the Caribbean by foreign powers, which also involved the establishment of Captaincies General in Puerto Rico, Cuba, and neighboring Guatemala. With the addition of the title of captain general to the governor of Yucatán, the province gained greater autonomy in administration and military matters. Unlike in most areas of Spanish America, no formal corregidores were used in Yucatán, and instead the governor-captain general relied on other subordinate officials to handle the oversight of local districts. The Captaincy General remained part of the Viceroyalty of New Spain, with the viceroy retaining the right to oversee the province's governance, when it was deemed necessary, and the Audiencia of Mexico taking judicial cases in appeal. The province and captaincy general covered the territory that today are the States of Campeche, Quintana Roo, Tabasco, Yucatán, and nominally the northern areas of Petén and Belize.
Pedro de Candia was a Greek explorer and cartographer at the service of the Kingdom of Spain, an officer of the Royal Spanish Navy that under the Spanish Crown became a Conquistador, Grandee of Spain, Commander of the Royal Spanish Fleet of the Southern Sea, Colonial Ordinance of Cusco, and then Mayor of Lima between 1534 and 1535. Specialized in the use of firearms and artillery, he was one of the earliers explorers of Panama and the Pacific coastline of Colombia, and finally participated in the conquest of Peru. He was killed in the Battle of Chupas, (Peru), on 16 September 1542, by Diego de Almagro II.
The Real Audiencia and Chancery of Lima was a superior court in the New World empire of Spain, located in the city of Lima, capital of the Viceroyalty of Peru. It was created on November 20, 1542 as was the viceroyalty itself, by the Emperor Charles V. The Audiencia began functioning in 1543 and initially had jurisdiction over the entire viceroyalty—virtually all of Spanish-controlled South America and Panama. Later other audiencias were established in the Viceroyalty. The Audiencia functioned until 1821 when the forces of José de San Martín entered Lima.
The Four Kingdoms of Andalusia was a collective name designating the four kingdoms of the Crown of Castile located in the southern Iberian Peninsula, south of the Sierra Morena. These kingdoms were won from Muslim rule by the Christian monarchs of Castile during the Reconquista; as such, all four were former taifas: the Kingdom of Córdoba was conquered in 1236, the Kingdom of Jaén in 1246, the Kingdom of Seville in 1248 and the Kingdom of Granada in 1492. These four kingdoms occupied almost exactly the same territory as the present day Spanish autonomous community of Andalusia.
The Real Audiencia of Santiago de Guatemala, simply known as the Audiencia of Guatemala or the Audiencia of Los Confines, was a superior court in area of the New World empire of Spain, known as the Kingdom of Guatemala. This area included the current territories of Guatemala, Belize, El Salvador, Honduras, Nicaragua, Costa Rica and the Mexican state of Chiapas. The Audiencia's presiding officer, the president, was the head of the government of the area. The Audiencia was initially created by decrees of November 20, 1542 and September 13, 1543, and had its seat in Antigua Guatemala.
Protector of Indians was an administrative office of the Spanish colonies, that was responsible for attending to the well being of the native populations, including speaking on their behalf in courts and reporting back to the King of Spain. The King of Spain during the period of the Protector of the Indians was King Charles V. The King of Spain throughout this era gained the information of the treatments through Bartolomé de las Casas. Bartolomé de las Casas was one of the first Europeans to set foot into the new hemisphere and he later dedicated his life to the desire of ending harsh treatment of Indians.
José de Rezabal y Ugarte (1747–1800) was a Spanish lawyer and judge and jurist. He was born in Vitoria on July 19, 1800 and died in Santiago, Chile. He served as Spanish governor of Chile, on an interim basis, from 24 May to 18 September 1796. As judge and mayor over crime in Lima in 1781, he led the case against Túpac Amaru II, writing the judgment which condemned to death by hanging him and several of his followers, as well as penalties in prisons in Africa, Callao and Valdivia for many others.