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Leyes Nuevas1
Cover of the "New Laws" from 1542.

The New Laws (in Spanish: Leyes Nuevas) were important rules made by Charles V, Holy Roman Emperor (who was also King Charles I of Spain). These laws were announced on November 20, 1542. They were created to help the indigenous peoples of the Americas during the Spanish colonization of the Americas.

People like the friar Bartolomé de Las Casas spoke out against how Native Americans were being treated. The New Laws aimed to stop the abuse and exploitation by Spanish settlers called encomenderos. These laws tried to limit the power the encomenderos had over Native American groups.

Blasco Núñez Vela, the first Viceroy of Peru, tried to make sure these New Laws were followed. But many encomenderos were against them. They started a revolt, and Viceroy Núñez Vela was killed in 1546 by a group led by Gonzalo Pizarro. Pizarro wanted to keep the old system. Even though the New Laws faced a lot of opposition from colonists, they still helped free thousands of Native American workers. These workers had been living in a state similar to slavery.

Why Were the New Laws Created?

The New Laws came about because earlier rules, called the Leyes de Burgos (Laws of Burgos) from 1512, were not working well enough. The Laws of Burgos were the first rules meant to manage how the Spanish and Native Americans interacted. They were seen as the first humanitarian laws in the New World. However, powerful colonists often ignored them.

Some encomenderos didn't like the rules because they limited their power. Others felt the laws made forced Native American labor official. During the time of King Charles I, people who wanted reforms became stronger. Many Spanish missionaries, like Bartolomé de las Casas and Francisco de Vitoria, pushed for stricter rules. Their main goal was to protect Native Americans from forced labor and from losing their lands. They also wanted to preserve Native American cultures. Some even questioned if the conquest and colonization were right at all. Eventually, these reformers convinced the King and his court to pass the New Laws.

What Did the New Laws Say?

The New Laws had several key points to protect Native Americans:

  • Governors had to make sure Native Americans were well-cared for and safe.
  • It became illegal to enslave Native Americans in the future. This meant no slavery from war, rebellion, or any other reason.
  • Native Americans who were already enslaved had to be freed right away. The only exception was if their owner could prove in Spain that the slavery was completely legal.
  • The "bad habit" of making Native Americans work as tamames (carriers) against their will or without fair pay had to stop.
  • Native Americans could not be forced to go to far-off places to dive for pearls.
  • Only the Viceroy had the power to set up encomiendas for Native Americans. Religious groups, hospitals, towns, and government workers were not allowed to have encomiendas.
  • The "distribution" of people and lands given to the first conquerors would end after their death. Both the land and the Native American people would then belong directly to the Spanish Crown.

Ending the Encomienda System

Some parts of the New Laws were meant to stop the encomienda system. This system allowed Spanish settlers to demand labor or tribute from Native Americans. In return, the settlers were supposed to protect them and teach them Christianity. However, in America, this system often became like slavery.

The New Laws made it illegal to enslave Native Americans, even as punishment for crimes or in war. This was a stronger protection than what even native Spaniards had. The Crown knew it was hard to check if claims for enslaving someone in the New World were true. So, they gave Native Americans extra protection to stop false claims and exploitation.

The New Laws also aimed to gradually get rid of the encomienda system. They said that encomiendas could not be passed down to children. Instead, they would return to the Crown when the encomendero died. This meant the Native Americans would become free subjects of the Crown.

The laws also set clearer rules for how Native Americans should be treated:

  • Native Americans only had to pay tribute to the encomenderos. If they worked, they had to be paid fair wages.
  • It was mostly forbidden to make Native Americans work in mines, where many had died. If it was absolutely necessary, they had to work under the same conditions as Spanish mine workers.
  • Native Americans were to be taxed fairly and treated well.
  • Government officials or church leaders who had encomienda grants had to give them back to the Crown immediately.

What Happened After the Laws?

When the New Laws were announced in 1542, they also changed how the Spanish colonies were governed. New areas of authority, like the Kingdom of Guatemala, were created to help the Crown control the colonies better.

Resistance in Peru

In Peru, many European settlers who had encomiendas were very upset. They learned that their grants of Native American labor could be taken away if they had been involved in earlier conflicts. Because of this, many privileged Spanish colonists resisted the New Laws.

Gonzalo Pizarro led a revolt of these angry encomenderos. They fought to keep their control over Native American lands and labor. Pizarro's forces took control of Lima and Quito. The Viceroy, Blasco Núñez Vela, who tried to enforce the laws, was overthrown and killed by Pizarro in 1546. Pizarro's power grew, reaching from Peru all the way north to Panama.

King Charles I and his court became worried. They thought that completely ending the encomienda system right away would ruin the colonies' economy. To deal with the revolt, King Charles sent Pedro de la Gasca to the colony. La Gasca was a bishop and a diplomat. He didn't have an army, but he had full power to rule and negotiate with Pizarro. However, Pizarro declared Peru independent from the King. La Gasca then temporarily stopped the New Laws. Pizarro was later captured and executed for being a "traitor to the King."

How Well Were the Laws Followed?

In New Spain (which is now Mexico), the encomenderos also didn't want to follow the New Laws at first. But they didn't start a rebellion like in Peru. The first viceroy of New Spain, Antonio de Mendoza, was smart. He avoided enforcing the parts of the New Laws that the encomenderos disliked the most.

Over time, the encomenderos in New Spain did follow most parts of the laws. Many already kept horses and weapons in case of Native American rebellions. They also lived in Spanish settlements and hired priests to help the Native Americans whose labor they received. While they couldn't keep their encomiendas forever, they were allowed to pass them on once to their heirs. They also let Native Americans pay their obligations with tribute, often in goods. However, the Native American population dropped sharply due to diseases, which caused economic problems for the encomenderos.

Lasting Impact

In 1545, the King changed the New Laws. He removed the rule that encomiendas could not be inherited. This made the encomienda system stronger again. Even though the New Laws were only partly successful, they did help free thousands of Native American workers from forced labor.

Most of the rules from the New Laws were later included in a larger collection of Spanish colonial laws called the Laws of the Indies. Some were replaced by newer laws. A weaker version of the New Laws was issued in 1552.

See also

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