The Laws of the Indies ( es, Leyes de las Indias) are the entire body of laws issued by the

Spanish Crown , coatofarms = File:Coat_of_Arms_of_Spanish_Monarch.svg , coatofarms_article = Coat of arms of the King of Spain , image = Felipe_VI_in_2020_(cropped).jpg , incumbent = Felipe VI , incumbentsince = 19 Ju ...

for the

American American(s) may refer to: * American, something of, from, or related to the United States of America, commonly known as the "United States" or "America" ** Americans, citizens and nationals of the United States of America ** American ancestry, pe ...

and the

Asian Asian may refer to: * Items from or related to the continent of Asia: ** Asian people, people in or descending from Asia ** Asian culture, the culture of the people from Asia ** Asian cuisine, food based on the style of food of the people from Asi ...

possessions of its

empire An empire is a "political unit" made up of several territories and peoples, "usually created by conquest, and divided between a dominant center and subordinate peripheries". The center of the empire (sometimes referred to as the metropole) ex ...

. They regulated social, political, religious, and economic life in these areas. The laws are composed of myriad decrees issued over the centuries and the important laws of the 16th century, which attempted to regulate the interactions between the settlers and natives, such as the

Laws of Burgos The Laws of Burgos ( es, Leyes de Burgos), promulgated on 27 December 1512 in Burgos, Crown of Castile (Spain), was the first codified set of laws governing the behavior of Spaniards in the Americas, particularly with regard to the Indigenous pe ...

(1512) and the

New Laws The New Laws (Spanish: ''Leyes Nuevas''), also known as the New Laws of the Indies for the Good Treatment and Preservation of the Indians (Spanish: ''Leyes y ordenanzas nuevamente hechas por su Majestad para la gobernación de las Indias y buen t ...

(1542). Throughout the 400 years of Spanish presence in these parts of the world, the laws were compiled several times, most notably in 1680 under Charles II in the ''Recopilación de las Leyes de los Reynos de las Indias''
Compilation of the Laws of the Kingdoms of the Indies
. This became considered the classic collection of the laws, although later laws superseded parts of it, and other compilations were issued.

History

The Spanish Viceroyalties in the Americas generated conflict between

indigenous peoples Indigenous peoples are culturally distinct ethnic groups whose members are directly descended from the earliest known inhabitants of a particular geographic region and, to some extent, maintain the language and culture of those original people ...

''('Natives' or 'Indians')'' and the Spanish colonists. The Spanish attempted to control the Natives to force their labor. At the same time, conflicts on policy and implementation occurred between the ''

encomenderos The ''encomienda'' () was a Spanish labour system that rewarded conquerors with the labour of conquered non-Christian peoples. The labourers, in theory, were provided with benefits by the conquerors for whom they laboured, including military ...

'' and the Crown. Two of the main sets of laws issued in the 16th century regulated Spanish interaction with the Native peoples, an issue about which the Crown quickly became concerned soon after the

voyages of Christopher Columbus Between 1492 and 1504, Italian explorer Christopher Columbus led four Spanish transatlantic maritime expeditions of discovery to the Americas. These voyages led to the widespread knowledge of the New World. This breakthrough inaugurated the per ...

and his governorship. The

(1512), signed by King

Ferdinand II of Aragon Ferdinand II ( an, Ferrando; ca, Ferran; eu, Errando; it, Ferdinando; la, Ferdinandus; es, Fernando; 10 March 1452 – 23 January 1516), also called Ferdinand the Catholic (Spanish: ''el Católico''), was King of Aragon and Sardinia from ...

, focused upon the welfare of the conquered native peoples. The issue was revisited after

Bartolomé de las Casas Bartolomé de las Casas, OP ( ; ; 11 November 1484 – 18 July 1566) was a 16th-century Spanish landowner, friar, priest, and bishop, famed as a historian and social reformer. He arrived in Hispaniola as a layman then became a Dominican friar ...

brought attention to abuses being carried out by

. The Laws of Burgos were revised by the

New Laws of 1542 The New Laws (Spanish: ''Leyes Nuevas''), also known as the New Laws of the Indies for the Good Treatment and Preservation of the Indians (Spanish: ''Leyes y ordenanzas nuevamente hechas por su Majestad para la gobernación de las Indias y buen t ...

issued by

Carlos I Carlos I may refer to: *Carlos I of Spain (1500–1558), also Charles V of the Holy Roman Empire *Carlos I of Portugal (1863–1908), King of Portugal *Juan Carlos I of Spain Juan Carlos I (;, * ca, Joan Carles I, * gl, Xoán Carlos I, ...

and quickly revised again in 1552, after the laws met resistance from colonists. These were followed by the Ordinances Concerning Discoveries in 1573, which forbade any unauthorized operations against independent Native Americans."Indies, Laws of the"
. (2006). In ''Britannica Concise Encyclopedia''. Retrieved November 22, 2006, from

Encyclopædia Britannica Online An encyclopedia (American English) or encyclopædia (British English) is a reference work or compendium providing summaries of knowledge either general or special to a particular field or discipline. Encyclopedias are divided into article ...

The

Valladolid debate The Valladolid debate (1550–1551) was the first moral debate in European history to discuss the rights and treatment of an indigenous people by European colonizers. Held in the Colegio de San Gregorio, in the Spanish city of Valladolid, it was ...

(1550–1551) was the first moral debate in European history to discuss the rights and treatment of a colonized people by colonizers. Held in the

Colegio de San Gregorio The Colegio de San Gregorio is an Isabelline style building located in the city of Valladolid, in Castile and León, Spain, it was formerly a college and now is housing the Museo Nacional de Escultura museum. This building is one of the best examp ...

, in the

Spanish Spanish might refer to: * Items from or related to Spain: **Spaniards are a nation and ethnic group indigenous to Spain **Spanish language, spoken in Spain and many Latin American countries **Spanish cuisine Other places * Spanish, Ontario, Can ...

city of

Valladolid Valladolid () is a Municipalities of Spain, municipality in Spain and the primary seat of government and de facto capital of the Autonomous communities of Spain, autonomous community of Castile and León. It is also the capital of the province o ...

, it was a moral and theological debate about the

colonization of the Americas During the Age of Discovery, a large scale European colonization of the Americas took place between about 1492 and 1800. Although Norse colonization of North America, the Norse had explored and colonized areas of the North Atlantic, colonizin ...

, its justification for the conversion to

Catholicism The Catholic Church, also known as the Roman Catholic Church, is the largest Christian church, with 1.3 billion baptized Catholics worldwide . It is among the world's oldest and largest international institutions, and has played a ...

and more specifically about the relations between the European settlers and the natives of the

New World The term ''New World'' is often used to mean the majority of Earth's Western Hemisphere, specifically the Americas."America." ''The Oxford Companion to the English Language'' (). McArthur, Tom, ed., 1992. New York: Oxford University Press, p. 3 ...

. It consisted of a number of opposing views about the way natives were to be integrated into colonial life, their conversion to Christianity and their rights and obligations. According to the French historian Jean Dumont, the Valladolid debate was a major turning point in world history, saying ''“In that moment in Spain appeared the dawn of the human rights”''. To guide and regularize the establishment of

presidio A presidio ( en, jail, fortification) was a fortified base established by the Spanish Empire around between 16th century, 16th and 18th century, 18th centuries in areas in condition of their control or influence. The presidios of Captaincy Genera ...

s (military towns), missions, and ''pueblos'' (civilian towns), King Phillip II developed the first version of the Laws of the Indies''.'' This comprehensive guide was composed of 148 ordinances to aid colonists in locating, building, and populating settlements. These ordinances would be used throughout what is now called South America, Central America, Mexico, the US American West, and the

Spanish East Indies The Spanish East Indies ( es , Indias orientales españolas ; fil, Silangang Indiyas ng Espanya) were the overseas territories of the Spanish Empire in Asia-Pacific, Asia and Oceania from 1565 to 1898, governed for the Spanish Crown from Mexico C ...

. They codified the

city planning Urban planning, also known as town planning, city planning, regional planning, or rural planning, is a technical and political process that is focused on the development and design of land use and the built environment, including air, water, ...

process and represented some of the first attempts at a general plan. Signed in 1573, the Laws of the Indies are considered the first wide-ranging guidelines towards design and development of communities. These laws were heavily influenced by

Vitruvius Vitruvius (; c. 80–70 BC – after c. 15 BC) was a Roman architect and engineer during the 1st century BC, known for his multi-volume work entitled ''De architectura''. He originated the idea that all buildings should have three attribute ...

' '' Ten Books of Architecture'' and

Leon Battista Alberti Leon Battista Alberti (; 14 February 1404 – 25 April 1472) was an Italian Renaissance humanist author, artist, architect, poet, priest, linguist, philosopher, and cryptographer; he epitomised the nature of those identified now as polymaths. H ...

's treatises on the subject.

Effects on town planning

In Book IV of the 1680 compilation of the Laws of the Indies'','' plans were set forth in detail on every facet of creating a community, including

town planning Urban planning, also known as town planning, city planning, regional planning, or rural planning, is a technical and political process that is focused on the development and design of land use and the built environment, including air, water, ...

. Examples of the range of rules include: * Those olonistswho should want to make a commitment to building a new settlement in the form and manner already prescribed, be it of more or less than 30

vecino 'Vecino' means either "neighbour" or resident in modern Spanish. Historically in the Spanish Empire it referred instead to a householder of considerable social position in a town or a city, and was similar to "freeman" or "freeholder." Histori ...

s (freemen), (know that) it should be of no less than twelve persons and be awarded the authorization and territory in accordance with the prescribed conditions. * Having made the selection of the site where the town is to be built, it must, as already stated, be in an elevated and healthy location; ewith means of fortification;

ave ''Alta Velocidad Española'' (''AVE'') is a service of high-speed rail in Spain operated by Renfe, the Spanish national railway company, at speeds of up to . As of December 2021, the Spanish high-speed rail network, on part of which the AVE s ...

fertile soil and with plenty of land for farming and pasturage; have fuel, timber, and resources;

fresh water, a native population, ease of transport, access and exit; nd beopen to the north wind; and, if on the coast, due consideration should be paid to the quality of the harbor and that the sea does not lie to the south or west; and if possible not near lagoons or marshes in which poisonous animals and polluted air and water breed. * They olonistsshall try as far as possible to have the buildings all of one type for the sake of the beauty of the town. * Within the town, a

commons The commons is the cultural and natural resources accessible to all members of a society, including natural materials such as air, water, and a habitable Earth. These resources are held in common even when owned privately or publicly. Commons ...

shall be delimited, large enough that although the population may experience a rapid expansion, there will always be sufficient space where the people may go to for recreation and take their cattle to pasture without them making any damage. * Plano de Manila 1851

The site and building lots for slaughterhouses, fisheries, tanneries, and other business which produce filth shall be so placed that the filth can easily be disposed of. These rules are part of a body of 148 regulations configuring any settlement according to the rule of Spain and its colonies. This continued as a precedent in all towns under Spanish control until the relinquishing of the land to others, as in the case of the American colonies and their growth. The Laws of the Indies are still used as an example to design guidelines for communities today. The Laws specify many details of towns. A plan is made centered on a Plaza Mayor (main square) of size within specified limits, from which twelve straight streets are built in a rectilinear grid. The directions of the streets are chosen according to the prevailing winds, to protect the Plaza Mayor. The guidelines recommend a hospital for non-contagious cases near the church, and one for

contagious disease A contagious disease is an infectious disease that is readily spread (that is, communicated) by transmission of a pathogen through contact (direct or indirect) with an infected person. A disease is often known to be contagious before medical s ...

s further away."Foundation of the Spanish-American towns"
arquba.com Most townships founded in any part of the Spanish Empire in America before the various parts became independent countries were planned according to the Laws. These include many townships with Spanish names located in what is now the United States. The creation of a central square and rectilinear grid of streets was different from the haphazard and organic growth that led to meandering streets in many old townships in Iberia.

References

Notes Bibliography * Spain/Council of the Indies and Juan Manzano Manzano. ''Recopilación de leyes de los reynos de las Indias''. 4 vols. Madrid: Ediciones Cultura Hispánica, 1973 681 * Spain/Council of the Indies. ''Recopilación de leyes de los reynos de las Indias, 1681''. 5 vols. Mexico: M. A. Porrúa, 1987. * Spain/Council of the Indies. ''Recopilación de leyes de los reynos de las Indias''. 3 vols. Madrid: Centro de Estudios Políticos y Constitutionales: Boletín Oficial del Estado, 1998 681 * Tyler, S. Lyman. ''The Indian Cause in the Spanish Laws of the Indies: With an Introduction and the First English Translation of Book VI, Concerning the Indians, from the'' Recopilación de leyes de los reinos de las Indias, ''Madrid, 1681''. Salt Lake City: American West Center, University of Utah, 1980. * Tyler, S. Lyman. ''Spanish Laws Concerning Discoveries, Pacifications, and Settlements among the Indians: With an Introduction and the First English Translation of the New Ordinances of Philip II, July 1573, and of Book IV of the'' Recopilación de leyes de los reinos de las Indias, ''Relating to these Subjects''. Salt Lake City: American West Center, University of Utah, 1980.

External links

''Recopilación de las leyes de los reynos de Indias''
, links to

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files, facsimile (non-searchable) version of the compilation on site of the Congress of the

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.
''Recopilación de las leyes de los reynos de Indias''
, Microsoft Word .DOC format * ---- {{DEFAULTSORT:Laws Of The Indies Spanish colonization of the Americas History of indigenous peoples of the Americas Land use Legal codes Legal history of Spain Urban planning by country New Spain Spanish East Indies Spanish West Indies Captaincy General of the Philippines Latin American caste system

History

Effects on town planning

See also

References

External links