Esclavos Indios and the School of Salamanca after the New Laws of 1542

Abstract

In 1542, with the promulgation of the New Laws, Spanish authorities made a greater effort to eliminate indigenous slavery in America, after the doubts expressed by various missionaries about the treatment given to the indigenous people by Spanish settlers. However, legally sanctioned slavery among indigenous people continued in the border regions of the Spanish Empire. My interest is to demonstrate that the persistence of this practice did not result in a legal contradiction, but rather was a means of sanctioning rebellious indigenous groups, using arguments of Francisco de Vitoria and other School of Salamanca scholars, especially in places where control of sovereignty was in question. Methodologically, I will use original texts from various sources, such as the minutes of the Cabildo of the Audiencia of Guadalajara, as well as reports on the Chichimeca War by various clerics and jurists who witnessed the conflict, such as Guillermo de Santa María, Jean Focher, and Fulgencia Vique. Temporally, I will focus on the discussion of war and slavery against the nomadic peoples of northern New Spain, known as the Chichimecas. The result was that, for many New Spanish clerics, slavery would serve to punish the supposed crimes of these peoples against peace, and also to change their archaic customs and teach them sedentary and civil life. Finally, I argue that the establishment of indigenous slavery in the northern frontier of New Spain demonstrates the limitations of the Spanish Empire in maintaining its most remote borders, especially when faced with peoples who did not have a civil political life with definable centers and hierarchies.