History of Central America, Volume 2, 1530-1800: The Works of Hubert Howe Bancroft, Volume 7Bancroft, Hubert Howe
History
History of Central America, Volume 2, 1530-1800: The Works of Hubert Howe Bancroft, Volume 7
Bancroft, Hubert Howe
Central America -- History
The ordinances framed by the junta received the emperor's approval,
and after being somewhat amplified were published in Madrid in 1543,
and thenceforth known as the New Laws.[XIV‑15] The code contains a
large number of articles, many of them relating almost exclusively to
the enslavement and treatment of the natives. It was provided that all
Indian slaves should be set free, unless their owners could establish
a legal title to their possession.[XIV‑16] None were thenceforth to be
enslaved under any pretext.
Proprietors to whom the repartimientos had given an excessive number
must surrender a portion of them to the crown. On the death of
encomenderos[XIV‑17] the slaves were to revert to the crown. All
ecclesiastics and religious societies and all officers under the crown
must deliver up their bondsmen or bondswomen, not being allowed to
retain them even though resigning office. Inspectors were appointed
to watch over the interests of the natives, and were paid out of the
fines levied on transgressors. Slaves were not to be employed in the
pearl-fisheries against their will under penalty of death to the party
so employing them, nor when used as pack-animals was such a load to be
laid on their backs as might endanger their lives. Finally they were to
be converted to the Catholic faith, and it was ordered that two priests
should accompany all exploring parties, to instruct the Americans that
his Majesty the emperor regarded them as his free subjects, and that his
holiness the pope desired to bring them to a true knowledge of him the
spread of whose doctrines had in less than half a century been attended
with the depopulation of the fairest portions of the New World.
* * * * *
Among the provisions of the new code were others almost as distasteful
to many of the Spaniards as were those relating to the enfranchisement
of the natives. The audiencia of Panamá was abolished and two new
tribunals were to be established, one at Los Reyes, which now first
began to bear the name of Lima, and was thenceforth the metropolis
of the South American continent; the other termed the audiencia de
los Confines, at Comayagua, with jurisdiction over Chiapas, Yucatan,
Guatemala, Honduras, Nicaragua, and the province of Tierra Firme, known
as Castilla del Oro. From the decision of these tribunals and from
those of the audiencias of Mexico and Santo Domingo, there was to be in
criminal cases no appeal. In civil suits the losing party might demand a
second trial, the benefit of which is not apparent, as no new evidence
was admitted, and the case was conducted by the oidores who rendered
the first judgment. If the amount exceeded ten thousand pesos de oro,
there lay right of appeal to the council of the Indies. Moreover, the
oidores[XIV‑18] were empowered to inquire into the administration of the
governor and other civil functionaries, and to suspend them from office,
their report being sent to the council of the Indies for final action.
Public-domain text, read in full here on John Shaqi.
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