Background Information: As the word spread of the discovery of a New World in the early 16th century the competitive race between European powers for “Glory, God and Gold” began in earnest. But the competition was not just between European nations, it was also a struggle for control between the monarch, the church and the wealthy nobility. The following documents are written from the perspective of all three, as well as those who would lose all power, the natives of South America.
Before you read the selections: *What factors are typically used to describe a “civilized society”?
* What are the characteristics that would cause someone to be described as a
*Based on your knowledge of indigenous people in South America, would they fit the definition of a “civilized society”? Do they fit the definition of “barbarian”?
1. A Aztec Account of the Conquest of Mexico (Speeches of Motecuhzoma and Cortes)
In 1519 Hernan Cortés sailed from Cuba, landed in Mexico and made his way to the Aztec capital. Miguel LeonPortilla, a Mexican anthropologist, gathered accounts by the Aztecs, some of which were written shortly after the conquest.
Speeches of Motecuhzoma and Cortés
When Motecuhzoma [Montezuma] had given necklaces to each one, Cortés asked him: "Are you Motecuhzoma? Are you the king? Is it true that you are the king Motecuhzoma?"
And the king said: "Yes, I am Motecuhzoma." Then he stood up to welcome Cortés; he came forward, bowed his head low and addressed him in these words: "Our lord, you are weary. The journey has tired you, but now you have arrived on the earth. You have come to your city, Mexico. You have come here to sit on your throne, to sit under its canopy.
"The kings who have gone before, your representatives, guarded it and preserved it for your coming. The kings Itzcoatl, Motecuhzoma the Elder, Axayacatl, Tizoc and Ahuitzol ruled for you in the City of Mexico. The people were protected by their swords and sheltered by their shields.
"Do the kings know the destiny of those they left behind, their posterity? If only they are watching! If only they can see what I see!
"No, it is not a dream. I am not walking in my sleep. I am not seeing you in my dreams.... I have seen you at last! I have met you face to face! I was in agony for five days, for ten days, with my eyes fixed on the Region of the Mystery. And now you have come out of the clouds and mists to sit on your throne again.
"This was foretold by the kings who governed your city, and now it has taken place. You have come back to us; you have come down from the sky. Rest now, and take possession of your royal houses. Welcome to your land, my lords! "
When Motecuhzoma had finished, La Malinche translated his address into Spanish so that the Captain could understand it. Cortés replied in his strange and savage tongue, speaking first to La Malinche: "Tell Motecuhzoma that we are his friends. There is nothing to fear. We have wanted to see him for a long time, and now we have seen his face and heard his words. Tell him that we love him well and that our hearts are contented."
Then he said to Motecuhzoma: "We have come to your house in Mexico as friends. There is nothing to fear."
La Malinche translated this speech and the Spaniards grasped Motecuhzoma's hands and patted his back to show their affection for him....
Massacre in the Main Temple
During this time, the people asked Motecuhzoma how they should celebrate their god's fiesta. He said: "Dress him in all his finery, in all his sacred ornaments."
During this same time, The Sun commanded that Motecuhzoma and Itzcohuatzin, the military chief of Tlatelolco, be made prisoners. The Spaniards hanged a chief from Acolhuacan named Nezahualquentzin. They also murdered the king of Nauhtla, Cohualpopocatzin, by wounding him with arrows and then burning him alive.
For this reason, our warriors were on guard at the Eagle Gate. The sentries from Tenochtitlan stood at one side of the gate, and the sentries from Tlatelolco at the other. But messengers came to tell them to dress the figure of Huitzilopochtli. They left their posts and went to dress him in his sacred finery: his ornaments and his paper clothing.
When this had been done, the celebrants began to sing their songs. That is how they celebrated the first day of the fiesta. On the second day they began to sing again, but without warning they were all put to death. The dancers and singers were completely unarmed. They brought only their embroidered cloaks, their turquoises, their lip plugs, their necklaces, their clusters of heron feathers, their trinkets made of deer hooves. Those who played the drums, the old men, had brought their gourds of snuff and their timbrels.
The Spaniards attacked the musicians first, slashing at their hands and faces until they had killed all of them. The singers-and even the spectators- were also killed. This slaughter in the Sacred Patio went on for three hours. Then the Spaniards burst into the rooms of the temple to kill the others: those who were carrying water, or bringing fodder for the horses, or grinding meal, or sweeping, or standing watch over this work.
The king Motecuhzoma, who was accompanied by Itzcohuatzin and by those who had brought food for the Spaniards, protested: "Our lords, that is enough! What are you doing? These people are not carrying shields or macanas. Our lords, they are completely unarmed!"
The Sun had treacherously murdered our people on the twentieth day after the captain left for the coast. We allowed the Captain to return to the city in peace. But on the following day we attacked him with all our might, and that was the beginning of the war
From Miguel LeonPortilla, ed., The Brohen Spears: The Aztec Account of the Conquest of Mexico (Boston: Beacon Press, 1962), pp. 6466, 129131.
This text is part of the Internet Modern History Sourcebook. The Sourcebook is a collection of public domain and copy-permitted texts for introductory level classes in modern European and World history.
Questions 2A. When Motecuhzomo greets Cortes what is his general demeanor towards him?
Where does he seem to think that Cortes comes from?
2B Based on Cortes response to Motecuhzomo’s greeting what would the Mexican natives have expected to happen next?
2C How do you think the Mexican natives would have explained the reason for the
actions of the Spaniards?
2. A Short Account of the destruction of the Indies, 1542-Bartolomé de Las Casas
Bartolome de las Casas
A Short Account of the Destruction of the Indies 
The Americas were discovered in 1492, and the first Christian settlements established by the Spanish the following year. It is accordingly forty-nine years now since Spaniards began arriving in numbers in this part of the world. They first settled the large and fertile island of Hispaniola, which boasts six hundred leagues of coastline and is surrounded by a great many other large islands, all of them, as I saw for myself, with as high a native population as anywhere on earth. Of the coast of the mainland, which, at its nearest point, is a little over two hundred and fifty leagues from Hispaniola, more than ten thousand leagues had been explored by 1541, and more are being discovered every day. This coastline, too, was swarming with people and it would seem, if we are to judge by those areas so far explored, that the Almighty selected this part of the world as home to the greater part of the human race.
God made all the peoples of this area, many and varied as they are, as open and as innocent as can be imagined. The simplest people in the world - unassuming, long-suffering, unassertive, and submissive - they are without malice or guile, and are utterly faithful and obedient both to their own native lords and to the Spaniards in whose service they now find themselves. Never quarrelsome or belligerent or boisterous, they harbour no grudges and do not seek to settle old scores; indeed, the notions of revenge, rancour, and hatred are quite foreign to them. At the same time, they are among the least robust of human beings: their delicate constitutions make them unable to withstand hard work or suffering and render them liable to succumb to almost any illness, no matter how mild. Even the common people are no tougher than princes or than other Europeans born with a silver spoon in their mouths and who spend their lives shielded from the rigours of the outside world. They are also among the poorest people on the face of the earth; they own next to nothing and have no urge to acquire material possessions. As a result they are neither ambitious nor greedy, and are totally uninterested in worldly power. Their diet is every bit as poor and as monotonous, in quantity and in kind, as that enjoyed by the Desert Fathers. Most of them go naked, save for a loincloth to cover their modesty; at best they may wrap themselves in a piece of cotton material a yard or two square. Most sleep on matting, although a few possess a kind of hanging net, known in the language of Hispaniola as a hammock. They are innocent and pure in mind and have a lively intelligence, all of which makes them particularly receptive to learning and understanding the truths of our Catholic faith and to being instructed in virtue; indeed, God has invested them with fewer impediments in this regard than any other people on earth. Once they begin to learn of the Christian faith they become so keen to know more, to receive the Sacraments, and to worship God, that the missionaries who instruct them do truly have to be men of exceptional patience and forbearance; and over the years I have time and again met Spanish laymen who have been so struck by the natural goodness that shines through these people that they frequently can be heard to exclaim: 'These would be the most blessed people on earth if only they were given the chance to convert to Christianity.'
It was upon these gentle lambs, imbued by the Creator with all the qualities we have mentioned, that from the very first day they clapped eyes on them the Spanish fell like ravening wolves upon the fold, or like tigers and savage lions who have not eaten meat for days. The pattern established at the outset has remained unchanged to this day, and the Spaniards still do nothing save tear the natives to shreds, murder them and inflict upon them untold misery, suffering and distress, tormenting, harrying and persecuting them mercilessly. We shall in due course describe some of the many ingenious methods of torture they have invented and refined for this purpose, but one can get some idea of the effectiveness of their methods from the figures alone. When the Spanish first journeyed there, the indigenous population of the island of Hispaniola stood at some three million; today only two hundred survive. The island of Cuba, which extends for a distance almost as great as that separating Valladolid from Rome, is now to all intents and purposes uninhabited;" and two other large, beautiful and fertile islands, Puerto Rico and Jamaica, have been similarly devastated. Not a living soul remains today on any of the islands of the Bahamas, which lie to the north of Hispaniola and Cuba, even though every single one of the sixty or so islands in the group, as well as those known as the Isles of Giants and others in the area, both large and small, is more fertile and more beautiful than the Royal Gardens in Seville and the climate is as healthy as anywhere on earth. The native population, which once numbered some five hundred thousand, was wiped out by forcible expatriation to the island of Hispaniola, a policy adopted by the Spaniards in an endeavour to make up losses among the indigenous population of that island. One God-fearing individual was moved to mount an expedition to seek out those who had escaped the Spanish trawl and were still living in the Bahamas and to save their souls by converting them to Christianity, but, by the end of a search lasting three whole years, they had found only the eleven survivors I saw with my own eyes. A further thirty or so islands in the region of Puerto Rico are also now uninhabited and left to go to rack and ruin as a direct result of the same practices. All these islands, which together must run to over two thousand leagues, are now abandoned and desolate.
Questions 3A How does Bartolomé de Las Casas contrast the characteristics of the Hispaniola
peoples to that of most Europeans?
3B What do you think Las Casas wants to achieve with this writing? Who does he
hope will read it? (NOTE: You will want to know a little about Las Casas and his
occupation in order to answer this)
3C How does he portray the Spanish actions in this writing?
3. Lope de Aguirre:Letter from to King Philip of Spain, 1561
The following translation is by Tom Holloway, History, Cornell University, from the version published in A. Arellano Moreno (org.), Documentos para la Historia economic de Venezuela, (Caracas: Univ. Central, 1961).
Letter from Lope de Aguirre, rebel, to King Philip of Spain, 1561
To King Philip, the Spaniard, son of Charles the Invincible:
From Lope de Aguirre, your lesser vassal, old Christian, of middling
parents but fortunately of noble blood, native of the Basque country of the kingdom of Spain, citizen of the town of Onate.
In my youth I crossed the sea to the land of Peru to gain fame, lance in hand, and to fulfill the obligation of all good men .In 24 years I have done you great service in Peru, in conquests of the Indians, in founding towns, and especially in battles and encounters fought in your name, always to the best of my power and ability, without requesting of your officials pay nor assistance, as can be seen in your royal records.
I firmly believe, most excellent King and lord, that to me and my companions you have been nothing but cruel and ungrateful. I also believe that those who write to you from this land deceive you, because of the great distance.
I demand of you, King, that you do justice and right by the good vassals you have in this land, even though I and my companions (whose names I will give later), unable to suffer further the cruelties of your judges, viceroy, and governors, have resolved to obey you no longer. Denaturalizing ourselves from our land, Spain, we make the most cruel war against you that our power can sustain and endure .Believe, King and lord, we have done this because we can no longer tolerate the great oppression and unjust punishments of your ministers who, to make places for their sons and dependents have usurped and robbed our fame, life, and honor. It is a pity, King, the bad treatment you have given us.
I am lame in the right leg from the arquebus wounds I received in the battle of Chuquinga, fighting with Marshal Alonzo de Alvarado, answering your call against Francisco Hernandez Giron, rebel from your service as I and my companions are presently and will be until death, because we in this land now know how cruel you are, how you break your faith and your word, and thus we in this land give your promises less credence than to the books of Martin Luther.
Your viceroy the marquis of Canete hanged Martin de Robles, a man distinguished in your service; and the brave Tomas Vasquez, conquistador of Peru; and the ill fated Alonso Dias, who worked more in the discoveries of this kingdom than the scouts of Moses in the desert; and Piedrahita, a good captain who fought many battles in your service. In Pucara they gave you victory, and if they had not, Francisco Hernandez would now be the king of Peru. Don't give much credence to the claims your judges make of services performed, because it is a great myth, unless they call having spent 800,000 pesos of your royal treasury for their vices and evil deeds, a service. Punish them as evildoers, as such they certainly are.
Look here, King of Spain! Do not be cruel and ungrateful to your vassals, because while your father and you stayed in Spain without the slightest bother, your vassals, at the price of their blood and fortune, have given you all the kingdoms and holding you have in these parts. Beware, King and lord, that you cannot take, under the title of legitimate king, any benefit from this land where you risked nothing, without first giving due gratification to those who have labored and sweated in it.
I am certain there are few kings in hell because there are few kings, but if there were many none would go to heaven. Even in hell you would be worse than Lucifer, because you all thirst after human blood. But I don't marvel nor make much of you. For certain, I and my 200 arquebus-bearing maranones, conquistadores and noble, swear solemnly to God that we will not leave a minister of yours alive, because I already know how far your clemency reaches. Today we consider ourselves the luckiest men alive, because we are in these parts of the Indies, with faith in God's commandments full and uncorrupted as Christians, maintaining all that is preached by the holy mother church of Rome, and we intend, though sinners in life, to achieve martyrdom through God's commandments.
Upon leaving the Amazon river, called the Maranon, on an island inhabited by Christians called Margarita, I saw some reports from Spain regarding the great schism of Lutherans there, which caused us to be frightened and surprised. In our company there was a German named Monteverde, and I ordered him cut to pieces. Destiny rewards the prudent. Believe this, excellent Prince: Wherever we are we ensure that all live perfectly in the Christian faith.
The dissolution of the priests is so great in these parts that I think it would be well that they feel your wrath and punishment, because there is now none among them who sees himself as less than governor. Look here, King, do not believe what they might tell you, because the tears that they shed before your royal person is so that they can come here to command. If you want to know the life they lead here, it is to deal in merchandise, seek and acquire temporal goods, and sell the Sacraments of the Church for a price. They are enemies of the poor, uncharitable, ambitious, gluttonous, and arrogant, so that even the lowest of the priests tries to command and govern all these lands. Correct this, King and lord, because from these things and bad examples faith is not impressed upon the natives. Furthermore, if this dissolution of the priests is not stopped, there will be no shortage of scandal.
If I and my companions, by the correct position we have taken, are determined to die, for this and for other things that have happened, singular King, you are to blame, for not duly considering the labor of your vassals and for not thinking of what you owe them. If you do not look out for your vassals, and your judges do not take care of this, you certainly will fail in government. Certainly there is no need to present witnesses, but simply to point out that each of your judges has 4,000 pesos of salary, 8,000 pesos in expenses, and after three years in office each has 60,000 pesos saved, along with properties and possessions! Despite all this we would be willing to serve them as we do, except that for our sins they want us to drop to our knees wherever we are and worship them like Nebuchadnezzar. This is insufferable. Just because I am an unfortunate man made lame in your service (and my companions long and weary in the same) I should not fail to advise you never to trust your conscience to these learned persons .It is in your royal interest to watch out for them, as they spend all their time planning the marriages of their children, and care for nothing else. The common refrain among them is: "To the left and to the right, I possess all in my sight."
The friars do not want to bury poor Indians, and they are lodged in the best estates in Peru. The life they lead is bitter and burdensome, as each one has as a penance a dozen young women in his kitchen, and as many boys engaged in fishing, hunting partridges, and bringing fruit! They get a share of everything .In Christian faith I swear, King and lord, that if you do not remedy the evils of this land, divine punishment will come upon you. I tell you this to let you know the truth, even though I and mine neither expect nor want mercy from you.
Oh, how sad that a great Caesar and Emperor, your father, should conquer with the power of Spain the great Germany, and should spend so much money from these Indies discovered by us, and that you should not concern yourself with our old age and weariness enough to provide for our daily bread.
You know that we know in these parts, excellent King and lord, that you conquered Germany with arms, and Germany has conquered Spain with vices. We over here are happier with just corn and water, to be removed from such a bad irony, Let those who suffer such an irony keep their reward. Let wars spread where they may, and where men take them .Never, no matter what adversity might come upon us, will we cease to be subject to the teachings of the Holy Mother Church of Rome.
We cannot believe, excellent King and lord, that you would be so cruel to such good vassals as you have in these parts. Your judges must be acting this way without your consent. I say this, excellent King, because two leagues from the city of Kings [Lima], there was discovered near the sea a lake where there were some fish God permitted to exist there. Your evil judges and officials, to profit from the fish for their pleasures and vices, leased them in your name, giving us to understand, as though we were fools, that this was done by your will. If this is so, master, let us catch some of the fish, because we worked to discover it, and because the King of Castile has no need for the 400 pesos they leased it for. Illustrious King, we do not ask for grants in Cordoba or Valladolid, nor in any part of Spain, which is your patrimony. Deign to feed the weary and poor with the fruits and proceeds from this land. Remember, King and lord, that God is the same for all, and the same justice, reward, heaven, and hell.
In the year 1559 the marquis of Canete entrusted the expedition of the river of the Amazons to Pedro de Ursua, Navarrese, or rather, a Frenchman.He delayed the building of the boats until the year 1560 in the province of the Motilones, in Peru. The Indians are called Motilones because they wear their head shaved. These boats were made in the wet country, and upon launching most of them came to pieces. We made rafts, left the horses and supplies, and took off down the river at great risk to our persons. We then encountered the most powerful rivers of Peru, and it seemed to us to be a fresh water sea. We traveled 300 leagues from the point of launching.
This bad governor was so perverse and vicious and miserable that we could not tolerate it, and it was impossible to put up with his evil ways. Since I have a stake in the matter, excellent King and lord, I will say only that we killed him; certainly a very serious thing. We then raised a young gentleman of Seville named Don Fernando de Guzman to be our king, and we made an oath to him as such, as your royal person will see from the signatures of all those who were in this, who remain in the island of Margarita, in these Indies. They appointed me their field commander, and because I did not consent to their insults and evil deeds they tried to kill me, and I killed the new king, the captain of his guard, the lieutenant-general, his majordomo, his chaplain, a woman in league against me, a knight of Rhodes, an admiral, two ensigns, and six other of his allies. It was my intention to carry this war through and die in it, for the cruelties your ministers practice on us, and I again appointed captains and a sergeant major. They tried to kill me, and I hung them all.
We went along our route down the Maranon river while all these killings and bad events were taking place. It took us ten and a half months to reach the mouth of the river, where it enters the sea. We traveled a good hundred days, and traveled 1,500 leagues. It is a large and fearsome river, with 80 leagues of fresh water at the mouth. It is very deep, and for 800 leagues along its banks it is deserted, with no towns, as your majesty will see from the true report we have made. Along the route we took there are more than 6,000 islands. God only knows how we escaped from such a fearsome lake! I advise you, King and lord, not to attempt nor allow a fleet to be sent to this ill-fated river, because in Christian faith I swear, King and lord, that if a hundred thousand men come none will escape, because the stories are false and in this river there is nothing but despair, especially for those newly arrive from Spain.
The captains and officers with me at present, and who promise to die in this demand like pitiful men are: Juan Jeronimo de Espinola Ginoves, admiral; Juan Gomez, Cristobal Garcia, captain of infantry, both Andaluz; mounted captain Diego Tirado, Andaluz, from whom your judges, King and lord, with great injury, took Indians he had earned with his lance; captain of my guard Roberto de Sosaya and his ensign Nuflo Hernandez, Valencian; Juan Lopez de Ayala, from Cuenca, our paymaster; general ensign Blas Gutierrez, conquistador for 27 years; Juan Ponce, ensign, native of Seville; Custodio Hernandez, ensign, Portuguese; Diego de Torres, ensign, Navarre; sergeant Pedro Gutierrez Viso and Diego de Figueroa; Cristobal de Rivas, conquistador, Pedro de Rojas, Andaluz; Juan de Saucedo, mounted ensign; Bartolome Sanchez Paniagua, our lawyer; Diego Sanchez Bilbao, supply; Garcia Navarro, inspector general, and many other hidalgos of this league. We pray to God our Lord that your fortune ever be increased against the Turk and the Frenchman, and all others who wish to make war on you in those parts. In these, God grant that we might obtain with our arms the reward by right due us, but which you have denied.
Son of your loyal Basque vassals, and I, rebel until death against you for your ingratitude.
Lope de Aguirre, the Wanderer
From firstname.lastname@example.org Fri Jun 10 13:45:29 1994
I hereby grant permission for further dissemination by whatever means, electronic or paper, to any person or institution who might want to. Best regards, Tom Holloway email@example.com Dept. of History, Cornell University, Ithaca, NY 14853-4601
3A What is Aguirre’s basic complaint to the King of Spain?
3B In paragraph 10 Aquirre states his particular feelings towards the Catholic clergy.
How does he describe the clergy?
What reason does he give for the low numbers of Indians converted to Catholicism?
3C The Indians are hardly mentioned in this letter. Based on the comments he does make, how does he perceive the Indians?
4. The New Laws of the Indies
http://www.fordham.edu/halsall/mod/1542newlawsindies.html NOTE: Read only the introduction first, then look up the definition of
the “encomienda system”. The Laws and ordinances newly made by His Majesty for the government of the Indies and good treatment and preservation of the Indians created a set of pro-Indian laws - so pro-Indian that they some had to be revoked in Mexico and in Peru due to settler opposition. where the viceroy was killed when he attempted to enforce them.
The conflict was between "feudalists" who favored the encomienda system because it maintained society as in the Old World, and the more centralizing "regalists" who wanted to preserve royal power in Spain;s new Empire. Eventually the encomienda was allowed to continue.
Charles by the divine clemency Emperor ever august, King of Germany. . . . To the Most Illustrious Prince Don Philip our very dear and very beloved grandson and son, and to the Infantes our grandsons and sons, and to the President, and those of our Council of the Indies, and to our Viceroys, Presidents and Auditors of our Audiencias and royal Chanceries of our said Indies, Islands and Continent of the Ocean Sea; to our Governors, Alcaldes mayores and our other Authorities thereof, and to all the Councils, magistrates, regidores, knights, esquires, officers, and commoners of all the cities, towns, and villages of our said Indies, Islands, and Tierra-firme of the Ocean Sea, discovered and to be discovered; and to any other persons, captains, discoverers, settlers, and inhabitants dwelling in and being natives thereof, of whatever state, quality, condition and pre-eminence they may be. . . .
Know ye, That having for many years had will and intention as leisure to occupy ourselves with the affairs of the Indies, on account of their great importance, as well in that touching the service of God our Lord and increase of his holy Catholic faith, as in the preservation of the natives of those parts, and the good government and preservation of their persons; and although we have endeavoured to disengage ourselves to this effect, it has not been possible through the many and continual affairs that have occurred from which we were not able to excuse ourselves, and through the absences from these kingdoms which 1 the King have made for most necessary causes, as is known to all: and although this incessant occupation has not ceased this present year, nevertheless we commanded persons to assemble of all ranks, both prelates and knights and the clergy with some of our Council to discuss and treat of the things of most importance, of which we had information that they ought to be provided for: the which having been maturely debated and consulted upon, and in presence of me the King divers times argued and discussed: and finally having taken the opinion of all, we resolved on commanding to enact and ordain the things contained below: which besides the other Ordinances and Provisions that at different times we have commanded to be made, as by them shall appear, we command to be from henceforwards kept inviolably as laws. . . .
Whereas one of the most important things in which the Audiencias are to serve us is in taking very especial care of the good treatment of the Indians and preservation of them, We command that the said Audiencias enquire continually into the excesses or ill treatment which are or shall be done to them by governors or private persons; and how the ordinances and instructions which have been given to them, and are made for the good treatment of the said Indians have been observed. And if there had been any excesses, on the part of the said Governors, or should any be committed hereafter, to take care that such excesses are properly corrected, chastizing the guilty parties with all rigour conformably to justice. The Audiencias must not allow that in the suits between Indians, or with them, there be ordinary proceedings at law, nor dilatory expedients, as is wont to happen through the malice of some advocates and solicitors, but that they be determined summarily, observing their usages and customs, unless they be manifestly unjust; and that the said Audiencias take care that this be so observed by the other, inferior judges.
Item, We ordain and command that from henceforward for no cause of war nor any other whatsoever, though it be under title of rebellion, nor by ransom nor in other manner can an Indian be made a slave, and we will that they be treated as our vassals of the Crown of Castile since such they are.
No person can make use of the Indians by way of Naboria or Tapia or in any other manner against their will.
As We have ordered provision to be made that from henceforward the Indians in no way be made slaves, including those who until now have been enslaved against all reason and right and contrary to the provisions and instructions thereupon, We ordain and command that the Audiencias having first summoned the parties to their presence, without any further judicial form, but in a summary way, so that the truth may be ascertained, speedily set the said Indians at liberty unless the persons who hold them for slaves show title why they should hold and possess them legitimately. And in order that in default of persons to solicit the aforesaid, the Indians may not remain in slavery unjustly, We command that the Audiencias appoint persons who may pursue this cause for the Indians and be paid out of the Exchequer fines, provided they be men of trust and diligence.
Also, We command that with regard to the lading of the said Indians the Audiencias take especial care that they be not laden, or in case that in some parts this cannot be avoided that it be in such a manner that no risk of life, health and preservation of the said Indians may ensue from an immoderate burthen; and that against their own will and without their being paid, in no case be it permitted that they be laden, punishing very severely him who shall act contrary to this. In this there is to be no remission out of respect to any person.
Because report has been made to us that owing to the pearl fisheries not having been conducted in a proper manner deaths of many Indians and Negroes have ensued, We command that no free Indian be taken to the said fishery under pain of death, and that the bishop and the judge who shall be at Veneçuela direct what shall seem to them most fit for the preservation of the slaves working in the said fishery, both Indians and Negroes, and that the deaths may cease. If, however, it should appear to them that the risk of death cannot be avoided by the said Indians and Negroes, let the fishery of the said pearls cease, since we value much more highly (as is right) the preservation of their lives than the gain which may come to us from the pearls.
Whereas in consequence of the allotments of Indians made to the Viceroys, Governors, and their lieutenants, to our officials, and prelates, monasteries, hospitals, houses of religion and mints, offices of our Hazienda and treasury thereof, and other persons favoured by reason of their offices, disorders have occurred in the treatment of the said Indians, it is our will, and we command that forthwith there be placed under our Royal Crown all the Indians whom they hold and possess by any title and cause whatever, whoever the said parties are, or may be, whether Viceroys, Governors, or their lieutenants, or any of our officers, as well of Justice as of our Hazienda, prelates, houses of religion, or of our Hazienda, hospitals, confraternities, or other similar institutions, although the Indians may not have been allotted to them by reason of the said offices; and although such functionaries or governors may say that they wish to resign the offices or governments and keep the Indians, let this not avail them nor be an excuse for them not to fulfill what we command.
Moreover, We command that from all those persons who hold Indians without proper title, having entered into possession of them by their own authority, such Indians be taken away and be placed under our Royal Crown.
And because we are informed that other persons, although possessing a sufficient title, have had an excessive number of Indians allotted to them, We order that the Audiencias, each in its jurisdiction diligently inform themselves of this, and with all speed, and reduce the allotments made to the said persons to a fair and moderate quantity, and then place the rest under our Royal Crown notwithstanding any appeal or application which may be interposed by such persons: and send us a report with all speed of what the said Audiencias have thus done, that we may know how our command is fulfilled. And in New Spain let it be especially provided as to the Indians held by Joan Infante, Diego de Ordas, the Maestro Roa, Francisco Vasquez de Coronado, Francisco Maldonado, Bernardino Vazquez de Tapia, Joan Xaramillo, Martin Vazquez, Gil Gongales de Venavides, and many other persons who are said to hold Indians in very excessive quantity, according to the report made to us. And, whereas we are informed that there are some persons in the said New Spain who are of the original Conquistadores and have no repartimiento of Indians, We ordain that the President and Auditors of the said New Spain do inform themselves if there be any persons of this kind, and if any, to give them out of the tribute which the Indians thus taken away have to pay, what to them may seem fit for the moderate support and honourable maintenance of the said original Conquistadores who had no Indians allotted to them.
So also, The said Audiencias are to inform themselves how the Indians have been treated by the persons who have held them in encomienda, and if it be clear that in justice they ought to be deprived of the said Indians for their excesses and the ill-usage to which they have subjected them, We ordain that they take away and place such Indians under our Royal Crown. And in Peru, besides the aforesaid, let the Viceroy and Audiencia inform themselves of the excesses committed during the occurrences between Governors Pizarro and Almagro in order to report to us thereon, and from the principal persons whom they find notoriously blameable in those feuds they then take away the Indians they have, and place them under our Royal Crown.
Moreover, We ordain and command that from henceforward no Viceroy, Governor, Audiencia, discoverer, or any other person have power to allot Indians in encomienda by new provision, or by means of resignation, donation, sale, or any other form or manner, neither by vacancy nor inheritance, but that the person dying who held the said Indians, they revert to our Royal Crown. And let the Audiencias take care to inform themselves then particularly of the person who died, of his quality, his merits and services, of how he treated the said Indians whom he held, if he left wife and children or what other heirs, and send us a report thereof with the condition of the Indians and of the land, in order that we may give directions to provide what may be best for our service, and may do such favour as may seem suitable to the wife and children of the defunct. If in the meantime it should appear to the Audiencia that there is a necessity to provide some support for such wife and children, they can do it out of the tribute which the said Indians will have to pay, or allowing them a moderate pension, if the said Indians are under our Crown, as aforesaid.
Item, We ordain and command that our said Presidents and Auditors take great care that the Indians who in any of the ways above mentioned are taken away, and those who may become vacant be very well treated and instructed in the matters of our holy Catholic faith, and as our free vassals. This is to be their chief care, that on which we principally desire them to report, and in which they can best serve us. They are also to provide that they be governed with justice in the way and manner that the Indians who are under our Royal Crown are at present governed in New Spain. . . .
From The New Laws of the Indies, ed. Henry Stevens (London: The Chiswick Press, 1893), pp. iii-xvii, passim.
This text is part of the Internet Modern History Sourcebook. The Sourcebook is a collection of public domain and copy-permitted texts for introductory level classes in modern European and World history.
Questions 4A What would be the disagreement between the feudalists and the regalists?
4B The first law explains the status and therefore the treatment that the natives
should receive. What exactly is the difference between a slave and a vassal?
4C What does the king order so the current slave situation can be corrected?
How do you predict the encomienderos would react to these new laws?
How would the Catholic clergy react?
4D As a student of world history, what strikes you as particularly surprising
about paragraph #7?
4E What does the term “place under our royal crown” imply?
4F How does the king ensure that no future ill treatment of slaves will occur?
4G How does the king show support for religion in these New Laws?