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The New Laws and the debate over the encomienda

20 November 1542·Politics & governance·Spanish America·
20 November 1542Date
Politics & governanceCategory
26Empires active
Date
20 November 1542
Category
Politics & governance
Region
Spanish America
Era
Early Modern
Significance

Spanish colonisation rested heavily on the encomienda, a grant entitling a colonist to extract labour and tribute from indigenous communities in return for nominal protection and religious instruction, a system that in practice often amounted to brutal coerced labour.

Reformers led by the Dominican friar Bartolomé de las Casas, whose writings exposed colonial abuses, pressed the crown to act. On 20 November 1542 Emperor Charles V promulgated the New Laws of the Indies, banning indigenous enslavement, restricting the encomienda and ordering existing grants to revert to the crown on the holder's death. The laws provoked fierce resistance from colonists, including a revolt in Peru, and key provisions were soon weakened. Yet they marked one of the first attempts by a colonial power to legislate the rights of conquered peoples and framed an enduring debate, sharpened at the Valladolid disputation of 1550–1551, over the humanity and treatment of indigenous Americans.

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