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The New Laws (Spanish: Leyes Nuevas), also known as the New Laws of the Indies for the Good Treatment and Preservation of the Indians, [1] were issued on November 20, 1542, by Charles V, Holy Roman Emperor (King Charles I of Spain) and regard the Spanish colonization of the Americas. Following denunciations 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 limiting their power and dominion over groups of natives. [2]
Blasco Núñez Vela, the first Viceroy of Peru, enforced the New Laws. He was opposed by a revolt of encomenderos and was killed in 1546 by the landowning faction led by Gonzalo Pizarro. Pizarro wanted to maintain a political structure built upon the Incan model the Spanish found in place. Although the New Laws were only partly successful, due to the opposition of colonists, they did result in the liberation of thousands of indigenous workers, who had been held in a state of semi-slavery.
The New Laws were the results of a reform movement in reaction to what were considered to be the less effective, decades-old Leyes de Burgos (Laws of Burgos), issued by King Ferdinand II of Aragon on December 27, 1512. These laws were the first intended to regulate relations between the Spanish and the recently conquered indigenous peoples of the New World. These are regarded as the first humanitarian laws in the New World. They were not fully implemented because of opposition by powerful colonists. While some encomenderos opposed the restrictions imposed by the laws as against their interests, others were opposed because they believed the laws institutionalized the system of forced Indian labor. During the reign of King Charles I, the reformers gained strength. A number of Spanish missionaries argued for stricter rules, including Bartolomé de las Casas and Francisco de Vitoria. Their goal was to protect the Indians against forced labor and expropriation, and to preserve their cultures. Some discussions challenged the very legitimacy of the conquest and colonization. Eventually, the reformists influenced the King and his court to pass reforms that came to be known as the New Laws.
Some of these laws were redundant. Some established protections and rights for Native Americans that native Spaniards did not have themselves [ citation needed ]. Given the distance from the colonies and the time needed to travel between there and Spain, the Crown was unable to fully monitor compliance with the more ambiguous laws.
The main examples are the cases of slavery and encomiendas. The new laws included the prohibition of enslavement of the Indians and provided for gradual abolition of the encomienda system in America by forbidding it to be inherited by descendants. The New Laws stated that the natives would be considered free persons, and the encomenderos could no longer demand their labour.
The prohibition against enslaving Indians "in any case, not even crime or war" was a right that did not apply to native Castilians themselves. The enslavement of Native Americans had been declared illegal in Castile in 1501, when Isabella I declared native Americans to be both people and subjects of the Castilian crown, and so subject to the same rights and obligations as any other subject of the queen. Under those regulations, slavery was permitted almost exclusively as a penalty for a serious crime or some exceptional circumstances. Granting extra protection for Native Americans was an attempt by the crown to address its inability to monitor, from Spain, the legitimacy of the claims regarding reasons to enslave a person in the New World, and it acknowledged that false claims could be fabricated to enslave and exploit the native peoples.
The introduction and corruption of the encomienda system is now considered to have been an alternative for outright slavery and a Castilian institution that did not work properly in America. The encomienda was a system that interchanged a person's work for military protection by a higher authority. It had been part of the Castilian legal system since the Reconquista. Given the limited size of the Crown's army, this system allowed nobles or warlords to trade protection for the labor of persons under their purview. It was a way to aid in ensuring the safety of the population of the border areas during the repopulation of the no-man's-land between Castile and the southern Muslim areas. It required either the consent of both parties or the direct intervention of the king, who was responsible for setting reasonable conditions for the parties and to intervene (militarily if required) in case of abuses. [4]
In America, however, colonists used encomiendas to create conditions similar to slavery in areas that did not require such protection. Authorities other than the king claimed the right to assign encomiendas and assigned the most unpleasant or dangerous jobs to the natives.
The New Laws established more specific regulations or stipulated the conditions under the Crown's authority:
The King promulgated the New Laws in 1542. In addition to regulating encomienda and treatment of Indians, they reorganized the overseas colonial administration. Several General Captainships were established, such as the Kingdom of Guatemala, to create another level of Crown authority in the colony.
When the New Laws were passed, every European man holding an encomienda in Peru learned that his grant of labor could be confiscated if he was guilty of having taken part in the civil disturbances of Francisco Pizarro and Diego de Almagro. As a result, privileged Spanish colonists were disturbed about implementing the New Laws. In Peru, Gonzalo Pizarro led a revolt of protesting encomenderos, who took to arms to "maintain their rights by force" for control of Indian lands and labor.
The Supreme Court of Peru invited Pizarro to take control of the government after his forces reached Lima from Bolivia. Pizarro took over Lima and Quito (now in Ecuador). Viceroy Blasco Núñez Vela, who had attempted to impose the decrees, was overthrown. Pizarro and his army killed Núñez Vela in 1546. Pizarro's power stretched from Peru north to Panama. Charles I and the court became alarmed, and were convinced that the immediate abolition of the encomienda system would bring economic ruin to the colonies. To deal with the revolt, Charles I sent Pedro de la Gasca to the colony; a bishop and diplomat, he did not command an army but was given full powers to rule and negotiate a settlement with Pizarro and his followers. However, Pizarro declared Peru independent from the King. La Gasca provisionally suspended the New Laws. Pizarro was later captured and executed, accused of being a "traitor to the King."
Although in New Spain (now Mexico), the initial reaction of encomenderos was noncompliance, they did not organize a rebellion as in Peru. New Spain's first viceroy, Antonio de Mendoza, prudently refrained from enforcing the parts of the New Laws most objectionable to the encomenderos. [5] Over time, the encomenderos complied with most aspects of the laws. Most already maintained a horse and arms in case of Indian rebellion, and had established a residence in a Spanish settlement. They hired priests to minister to the Indians whose labor was granted to them. While they were not allowed to retain their encomiendas in perpetuity, they were permitted to bequeath the properties and labor once. They allowed Indians to fulfill obligations by payment of tribute, often in produce. The dramatic declines in Indian population due to epidemic disease, however, resulted in economic losses for the encomenderos. [6]
In 1545, the Crown revoked the inheritance restriction of the New Laws. [7] [8] By strengthening the power of the encomenderos, the encomienda system was made secure. While the New Laws were partly successful, they did result in the liberation of thousands of indigenous workers from enforced servitude.[ citation needed ]
Most of the ordinances of the New Laws were later incorporated into the general corpus of the Laws of the Indies. In some cases they were superseded by newer laws. A weaker version of the New Laws was issued in 1552.[ citation needed ]
The Spanish colonization of the Americas began in 1493 on the Caribbean island of Hispaniola after the initial 1492 voyage of Genoese mariner Christopher Columbus under license from Queen Isabella I of Castile. These overseas territories of the Spanish Empire were under the jurisdiction of Crown of Castile until the last territory was lost in 1898. Spaniards saw the dense populations of indigenous peoples as an important economic resource and the territory claimed as potentially producing great wealth for individual Spaniards and the crown. Religion played an important role in the Spanish conquest and incorporation of indigenous peoples, bringing them into the Catholic Church peacefully or by force. The crown created civil and religious structures to administer the vast territory. Spanish men and women settled in greatest numbers where there were dense indigenous populations and the existence of valuable resources for extraction.
Bartolomé de las Casas, OP was a Spanish clergyman, writer, and activist best known for his work as an historian and social reformer. He arrived in Hispaniola as a layman, then became 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 Caribbean islands. He described and railed against the atrocities committed by the conquistadores against the indigenous peoples.
The Viceroyalty of Peru, officially known as the Kingdom of Peru, was a Spanish imperial provincial administrative district, created in 1542, that originally contained modern-day Peru and most of the Spanish Empire in South America, governed from the capital of Lima. Along with the Viceroyalty of New Spain, Peru was one of two Spanish viceroyalties in the Americas from the sixteenth to the eighteenth centuries.
Spanish America refers to the Spanish territories in the Americas during the Spanish colonization of the Americas. The term "Spanish America" was specifically used during the territories' imperial era between 15th and 19th centuries. To the end of its imperial rule, Spain called its overseas possessions in the Americas and the Philippines "The Indies", an enduring remnant of Columbus's notion that he had reached Asia by sailing west. When these territories reach a high level of importance, the crown established the Council of the Indies in 1524, following the conquest of the Aztec Empire, asserting permanent royal control over its possessions. Regions with dense indigenous populations and sources of mineral wealth attracting Spanish settlers became colonial centers, while those without such resources were peripheral to crown interest. Once regions incorporated into the empire and their importance assessed, overseas possessions came under stronger or weaker crown control.
The encomienda was a Spanish labour system that rewarded conquerors with the labour of conquered non-Christian peoples. In theory, the conquerors provided the labourers with benefits, including military protection and education. The encomienda was first established in Spain following the Christian Reconquista, and it was applied on a much larger scale during the Spanish colonization of the Americas and the Spanish East Indies. Conquered peoples were considered vassals of the Spanish monarch. The Crown awarded an encomienda as a grant to a particular individual. In the conquest era of the early sixteenth century, the grants were considered a monopoly on the labour of particular groups of indigenous peoples, held in perpetuity by the grant holder, called the encomendero; starting from the New Laws of 1542, the encomienda ended upon the death of the encomendero, and was replaced by the repartimiento.
Blasco Núñez Vela was the first Spanish viceroy of South America. Serving from May 15, 1544 to January 18, 1546, he was charged by Charles V with the enforcement of the controversial New Laws, which dealt with the failure of the encomienda system to protect the indigenous people of America from the rapacity of the conquistadors and their descendants.
Antonio de Mendoza was a Spanish colonial administrator who was the first viceroy of New Spain, serving from 14 November 1535 to 25 November 1550, and the second viceroy of Peru, from 23 September 1551, until his death on 21 July 1552.
Slavery in the Spanish American viceroyalties included indigenous peoples, enslaved people from Africa, and enslaved people from Asia. The economic and social institution of slavery existed throughout the Spanish Empire including Spain itself. Enslaved Africans were brought over to the continent for their labour, indigenous people were enslaved until the 1543 laws that prohibited it.
The Repartimiento was a colonial labor system imposed upon the indigenous population of Spanish America and the Philippines. In concept, it was similar to other tribute-labor systems, such as the mit'a of the Inca Empire or the corvée of the Ancien Régime de France: Through the pueblos de indios, the Amerindians were drafted work for cycles of weeks, months, or years, on farms, in mines, in workshops (obrajes), and public projects.
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. They forbade the slavery 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. Friars and Spanish academics pressured King Ferdinand II of Aragon and his daughter, Queen regnant, Joanna of Castile, to pass the set of laws in order to protect the rights of the natives of the New World.
The Laws of the Indies are the entire body of laws issued by the Spanish Crown for the American and the Asian 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 Reynos de las Indias. This became considered the classic collection of the laws, although later laws superseded parts of it, and other compilations were issued.
After his unheard claims as governor of New Castile (Peru) following the death of his brother, Gonzalo Pizarro pressed claims to be recognized as the ruler of the land he and his brothers had conquered. After the arrival of appointed royal viceroy Blasco Núñez Vela in 1544, Gonzalo succeeded to have him repelled and sent to Panama in chains. He was released, however, and returned to Peru by sea while Gonzalo was mustering an army. The two met on January 18 at Iñaquito in the outskirts of Quito, present-day capital of Ecuador, where the superiority of the Nueva Castilla army ensured victory for Gonzalo. Blasco Núñez Vela reportedly fought but fell as a victim in battle and was later decapitated on the field of defeat, a fate Gonzalo himself would share two years later at Jaquijahuana.
Francisco Pizarro and his fellow conquistadors from the rapidly growing Spanish Empire first arrived in the New World in 1524. But even before the arrival of the Europeans, the Inca Empire was floundering. Pizarro enjoyed stunning successes in his military campaign against the Incas, who were defeated despite some resistance. In 1538, the Spaniards defeated Inca forces near Lake Titicaca, allowing Spanish penetration into central and southern Bolivia.
During and after the European colonization of the Americas, European settlers practiced widespread enslavement of Indigenous peoples. In the 15th century, the Spanish introduced chattel slavery through warfare and the cooption of existing systems. A number of other European powers followed suit, and from the 15th through the 19th centuries, between two and five million Indigenous people were enslaved, which had a devastating impact on many Indigenous societies, contributing to the overwhelming population decline of Indigenous peoples in the Americas.
Slavery in Latin America was an economic and social institution that existed in Latin America before the colonial era until its legal abolition in the newly independent states during the 19th century. However, it continued illegally in some regions into the 20th century. Slavery in Latin America began in the pre-colonial period when indigenous civilizations, including the Maya and Aztec, enslaved captives taken in war. After the conquest of Latin America by the Spanish and Portuguese, of the nearly 12 million slaves that were shipped across the Atlantic, over 4 million enslaved Africans were brought to Latin America. Roughly 3.5 million of those slaves were brought to Brazil.
Mapuche slavery was commonplace in 17th-century Chile and a direct consequence of the Arauco War. When Spanish conquistadors initially subdued the indigenous inhabitants of Chile, there was no slavery but a form of involuntary servitude called encomienda. However, this form of forced labour was harsh and many Mapuche would end up dying in the Spanish gold mines during the 16th century.
Slavery in New Spain was based mainly on the importation of slaves from Central Africa and West Africa to work in the colony in the enormous plantations, ranches or mining areas of the viceroyalty, since their physical constitution supposedly made them suitable for working in warm areas.
An encomienda in Peru was a reward offered to each of the men under the leadership of Francisco Pizarro who began the Spanish conquest of the Inca Empire in 1532. In the early colonial period of the New World, land had little economic value without labor to exploit it. The grant of an encomienda bestowed an encomendero, the right to collect tribute from a community of indigenous people. The word encomienda means "trust", indicating that the indigenous people were entrusted to the care and attention of an encomendero. In reality, the encomienda system is often compared to slavery. Theoretically, the encomendero grantee did not own the people or the land occupied by his subjects, but only the right to tribute, usually in the form of labor, that he could extract from them.
Polo Ondegardo was a Spanish colonial jurist, civil servant, businessman and thinker who proposed an intellectual and political vision of profound influence in the earliest troubled stage of the contact between the Hispanic and the American Indigenous world. He was born in Valladolid, when the city was the capital of the kingdom of Castile, to a prominent noble family that had strong ties to the royal family. He spent his entire adult life in South America in what is now Peru and Bolivia. He was involved in the political and economic management of the Spanish colony and based on his good knowledge of the laws as licenciado (licentiate) acquired a deep knowledge and practical experience of the Native Americans in the southern Andes, being an encomendero, visitador and corregidor in the provinces of Charcas and Cusco. His administrative reports, well known and appreciated by his peers and contemporaries, have had wide repercussions in the field of Andean studies up to the present time.
Agustín de Zárate was a Spanish colonial, Contador general de cuentas, civil servant, chronicler and historian. His work Historia del descubrimiento y conquista del Perú recounts the first years after the arrival of the Spaniards in the Inca Empire including the civil war between the viceroy and the encomenderos and up to the death of Gonzalo Pizarro in 1548. It is considered one of the most notable chronicles of the Spanish colonization of the Americas that have been preserved up to the present. First published in Antwerp in 1555, re-published in Venice in 1563 and then revised and published again in Seville in 1577, it was translated into English, French, Italian and German and can be considered a “best seller of the 16th Century”.