W hy I ndigenous S lavery C ontinued in S panish A merica after the N ew L aws of 1542

Abstract

A prevailing idea in the scholarly literature is that the New Laws of 1542 outlawed the enslavement of indios (Indigenous people of the Spanish Indies, a category invented by Europeans) in Spanish America. Many see the enactment of this legislation as emblematic of the Spanish crown's exertion of imperial authority over the conquerors who had caused irreparable damage to the Indigenous peoples of the Americas. This article contests this prevailing narrative. It explores how and why the Council of the Indies (the governing council of the Spanish possessions, reporting directly to the king), the Spanish king, and viceroys (or audiencias with viceregal approval) mandated Indigenous slavery for life or for a temporary period. Mandates affected at least 15 Indigenous groups in at least ten locations throughout the Spanish-occupied Western Hemisphere in the seven decades following the passage of the New Laws. I focus on this period to explain the conditions, rationales, legal channels, and procedures used by vassals and local and imperial authorities to authorize the enslavement of targeted Indigenous peoples.