The Indians and their condition: the legal and theological discourse

Abstract

The study analyzed the legal construction of the indigenous people in New Spain from the 16th century, focusing on the regulation of their freedom, their integration into the colonial order and the conflicts between the Crown, the Church and the encomenderos. From the time of Queen Isabella, the indigenous people were recognized as free subjects, but economic demands and abuses in the repartimientos (the system of land distribution) generated debates about their legal and social status. The Crown implemented measures such as the corregimientos and the Audiencias to supervise their treatment and prevent their enslavement.
The concept of a “just war” justified the conquest with theological and political arguments. Intellectuals such as Bartolomé de las Casas defended the dignity of the indigenous people, while Juan Ginés de Sepúlveda argued that they were inferior to the Spanish. Vasco de Quiroga proposed a pacifist model for their evangelization. Colonial legislation established that they could only be subdued in cases of rebellion or alliance with enemies of Castile.
The provincial councils of 1555, 1565 and 1585 reinforced the work of the Church in the evangelization and protection of the indigenous people. A separation was established between ecclesiastical and civil justice, ensuring their right not to pay unjust taxes or be forced to work. However, the Church also reinforced its image of “neophytes” in the faith, justifying its guardianship.
The article concluded that the legal status of the indigenous population was the result of a negotiation between economic, religious and political interests.