1 The New Laws of the Indies 1542 The Laws and ordinances newly made by His Majesty for the government of the Indies and good treatment and preservation of the Indians was the full title of the document from which the following excerpts are taken It created a set of Indian laws for the Spanish Americans so pro Indian that some had to be revoked in Mexico and in Peru due to settler opposition In Peru the situation became so series that 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 later Philip II of Spain our very dear and very beloved 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 Audiencias1 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 endeavored 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 henceforward kept inviolably as laws 1 These are titles of various royal officials 2 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 chastising the guilty parties with all rigor 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 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 Vene uela 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 3 and Negroes let the fishery of the said pearls
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