LAWS OF THE INDIES: BACKGROUND AND WHAT THEY PROMULGATED - HISTORY - 2025

The Laws of the Indies correspond to the entire legislative body issued by the Spanish in relation to the American colonial territories. They tried to establish a regulation of all the social, economic and political spheres of America dominated by the Spanish Crown.

Shortly after the Conquest, the so-called Burgs Laws had been promulgated, an attempt to ensure that the relations between the conquerors and the natives were as well regulated as possible. This responded to the mistreatment that was constantly applied to individuals originating in America.

It was the Dominican religious, especially Fray Bartolomé de las Casas, who insisted on the need for natives to be treated with dignity, recognizing their rights as human beings. Abuse and exploitation were frequent throughout Latin America.

Faced with open debate, the Spanish monarchy began to develop an entire legislative compendium that would end abuses and strengthen their legitimacy as rulers. In 1542 a board drew up the so-called New Laws. With these, the indigenous people came under the direct protection of the Crown.

After this, Carlos II commissioned a work that compiled all the laws issued on the colony. In 1680 the work was finished; Its name was Compilation of Laws of the Indies and the exact date of its publication was May 18, 1680.

Background

The colonizers who came to what they called New Spain founded a system based on the exploitation and discrimination of the indigenous people they found there.

For example, in Mexico they were denied any rights, remaining under the tutelage of the colonists. In addition, they were subjected to long hours of work, having to do the hardest of these.

Already in 1512 the Spanish Crown tried to legislate social relations in the colony. Thus, the Kings of Burgos were promulgated in 1512, due to the complaints of some missionaries about how the natives were treated.

From there, and for several decades, a large number of laws were issued that affected the American territories, without there being any common body to harmonize them. Carlos II, Spanish king between 1660 and 1700, tried to end this and ordered to create a complete compilation.

Thus, in 1680 the Compilation of Laws of the Indies was born. Basically, it was a book that brought together the aforementioned Burgos Laws, the New Laws and the Alfaro Ordinances.

Laws of Burgos

It was the first of the laws dedicated to the American colonies after the Conquest. In these, issued on January 27, 1512, the slavery of the natives was abolished and an attempt was made to order all aspects of the Conquest.

Their promoters were the Catholic kings, being King Fernando who signed them in the city of Burgos. To elaborate them, they had a council in which jurists and theologians participated, and one of the main controversies dealt with the condition of free men or not of the natives.

Theologians argued that the most important thing was the conversion of the natives, whatever the cost. In addition, it was established that they could have the status of subject, which entailed their duty to work in favor of the Crown.

The way to conform this obligation to work for Spain was to create the encomienda and the requirement, two institutions in which the indigenous people were forced to carry out the work ordered by their employers.

New Laws

The original name of this legislation was "Laws and ordinances again made by His Majesty for the government of the Indies and good treatment and conservation of the Indians." It was enacted on November 20, 1542, and was intended to improve the lives of Native Americans.

For this, the Encomiendas were reformed, granting small rights to the indigenous people. However, in practice they had very little impact.

Alfaro ordinances

It was necessary to wait until the reign of Felipe II to see another attempt to improve the situation of the natives. The trigger was the complaints of some religious and officials about the inhuman treatment that was given to them in many places.

In 1610 Francisco de Alfaro was commissioned to develop ordinances to correct this situation. These included norms such as the prohibition of the servitude of the Indians and their transfer away from their homes, the purchase and sale of indigenous people (something frequent among the encomiendas) was annulled and it was established that the natives could choose their patron.

What did the Laws of the Indies promulgate?

The large number of laws issued since the beginning of Spanish rule in America caused great legislative disorder. This forced them to be ordered and harmonized, as some were even contradictory to each other.

That compilation was the Laws of the Indies and they were published during the reign of Carlos II. They consisted of 9 volumes, each one dedicated to a particular topic.

Books that compose it

Book 1

It deals with the religious aspects. It regulates the functioning of the Church in America, the royal patronage and some elements of teaching and culture.

Book 2

It is the one that regulates the structures of the Indian governments. In particular, it looks at the powers of the Council of the Indies, as well as its functions.

Book 3

In this all the attributions, competences and duties of the different authority figures in the America governed by the Spanish are marked. They are, for example, viceroys, governors and high military officials.

Book 4

In this the population norms are set. It also determines how to distribute the conquered lands, as well as public works.

Book 5

It is in charge of determining the attributions of the lower authorities, such as mayors or corregidores. It also regulates various aspects of public law.

Book 6

It attempts to legislate on the situation of indigenous peoples, their rights and their obligations. The operation of the parcels is regulated.

Book 7

In this one talks about what today would be called public security. Thus, it legislates on police action and on public morality.

Book 8

It is about economics, specifically about income and finances.

Book 9

It also regulates economic aspects. In this case, it focuses on Indian trade and the Casa de Contratación.

Summary of what they enacted

One of the aspects covered by these laws were demographics. The Crown was concerned about the decline in the native population, as this led to less labor.

They also tried to solve the equation between responding to religious complaints about their treatment and the need for them to obey royalty.

In this regard, the legislation intended that obedience was not made to the colonists, but directly to the Crown. There was a certain fear that a national feeling of their own would grow among the inhabitants of New Spain that could lead to requests for independence.

The best way to avoid this was to take away economic power and make the laws favor officials sent from the peninsula.

Many authors point out that the Laws of the Indies served to create a separation between the so-called “natural” Spaniards (those from the peninsula) and those already born in America, giving preponderance to the former.

In the social sphere, theoretically the new laws gave indigenous peoples greater freedom and rights. In the same way, they regulated the way in which the new territories that were conquered had to be divided.

References

1. Grenni, Hector. The 'Laws of the Indies': an attempt to consider indigenous

   people as people with rights. Recovered from rd.udb.edu.sv

2. Chilean Memory. Compilation of laws of the kingdoms of the Indies. Obtained from memoriachilena.cl
3. National Geographics. The New Laws, a plea in favor of the Indians. Obtained from nationalgeographic.com.es
4. The Editors of Encyclopaedia Britannica. Laws of the Indies. Retrieved from britannica.com
5. Theodora. Laws Of The Indies. Retrieved from theodora.com
6. Halsall, Paul. The New Laws of the Indies, 1542. Retrieved from csus.edu
7. DiSalvo, Angelo. Spanish Dominicans, the Laws of the Indies, and the Establishment of Human Rights. Retrieved from tandfonline.com