Exploitation versusAmerindian Rightsin the Encomienda System

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. 18 T ENCOMIENDA REGULATIONSIN PARAGUAY 1556

In 1503 the Spanish government sought to regulate and refine the utilization ofArawak labor on Hispaniola by giving the island's governor, Nicholas de Ovando,aUthority to gather the Arawaks into villages where they would be placed underthe authority of a Spanish trustee, or encomendero. The encomendero receivedthe right to extract tribUte and labor from the Arawaks, but he also assumedresponsibility for their material and spiritual welfare. This was the beginnings ofthe encomienda system, a method of forced Indian labor that soon spread to Mexicoand South America, and still existed in parts of Spanish America at the close ofthe colonial era.

The subject of frequent royal legislation and countless court cases, theencomienda system varied from place to place and over time. Grants of Indiansmight be as small as one hundred, or, as was the case with the encomienda ofCortes in Mexico, as large as one hundred thousand. In the Caribbean islandsIndians held by encomenderos were required to make tribute payments and pro-vide labor in agriculture, gold mining, domestic service, and construction projects.In Mexico, however, demands were limited to tribute payments in agricultural

products, textiles, or cash. In Venezuela and Paraguay, mainly labor was required.In most of the Spanish Empire the encomienda system was short-lived. It dis-

appeared in the 1540s in the Caribbean as a result of depopulation, and severaldecades later in Mexico and Peru as a result of unprofitability and royallegisla-

tion designed to suppress a labor system too easily abused by holders ofencomiendas. The encomienda system lasted longest in peripheral regions of the

empire such as Paraguay, Chile, and northern Argentina, where Spanish admin-istrators often were negligent in enforcing laws and Spaniards would have beenunwilling to settle without access to forced Indian labor.

From its beginnings the encomienda system represented an effort by Spanishofficials to balance the need to utilize cheap Indian labor and their sense of obli-

gation to Christianize the Indians and protect them from blatant exploitationand cruelty. Such concerns are revealed in the f~llowing set of rules concerningencomiendas in Paraguay issued by the territory's first governor, DomingoMartinez de Irala, in 1556. Note that the regulations deal largely with labor exac-tions. No tribute was demanded, because it was believed that the Guana and

Guarani peoples who populated the region produced nothing of value to theSpaniards.

QUESTIONS FOR ANALYSIS

1. According to these regulations, what specific demands can the encomen-deros make on the Indians allocated to them?

2. What specific provisions are made to protect the interests and well-being ofthe Indians held in encomienda?

3. What can you infer from these regulations about the motives of Spanishofficials, in their efforts to protect the Indians from abuses?

4. What provisions have been made to ensure the enforcement of theseregulations? In your opinion, how adequate are these provisions in protect-ing the Indians from abuse?

First we order and command that all the Indiansthat have been allocated 'and commended. . .

shall be obliged to obey the principales1and head-nen that they may have or may be placed over

'-.-/them; and they shall not move, go, or absentthemselves from their homesandpueblos2to otherpueblosand houses or any other places, living andremaining there all the time that God leavesthem life; and if their principales or headmenshould move to another place or seat as an im-provement, then all of them shall also move withhim; and the persons to whom they are com-mended shall compel and force them to do thisand carry it out under penalties established atthe will of the judicial authorities; . . .

Also, we order and command that with regardto the persons to whom the said Indians belongor may be commended, it is prohibited for themto obtain, ask for, or procure through trade anyIndian woman from the Indians. . . under pain

of the suspension of the service of the said Indi-ans for the time of one year.

Also, we order and command that because thesaid Indians are so few, and because it would

encourage the growth and setdement of the coun-try not to give them excessive labor. . . the per-sons to whom they belong and may be grantedin encomiendaare prohibited, without the express:onsent of the said Indians, from giving or loan-

' / ing them to other persons for any labor or ser-vice, or from receiving any payment for this; andwhen it might happel]. that such labor was agreedto both by the encomenderoand the said Indians,it can be done when both parties thus agree to itand not in any other manner for a job in whichthe work is suitable and bearable, and the pay-ment shall be received and enjoyed by the saidIndians for themselves. . . .

Also, we order and command that the said

Indians will be and are obligated to serve the

persons to whom they are commended in build-ing and repairing their houses, in farming, stockraising, hunting, fishing, and other enterprisesthat may be carried on in the country, and theyshall obey him and carry out his orders underthe penalties that may be imposed at the will ofthe judge, and so that the work of building andcultivating may be moderated and assessed, we

prohibit such persons from building houses orclearing fields to sell beyond those they need tolive in and support themselves. . . .

Also, we order and command that the personsto whom the said Indians belong and are com-mended, as was said, shall be obliged to treatthem very well and to favor and support them ineverything possible, giving them moderate ratherthan excessive labor in accord with the inten-

tion of His Majesty. . . , treating them like rela-tives, instructing and indoctrinating them in thethings of our Holy Catholic faith, as well as pos-sible considering the land and the time, repri-manding them and weaning them from theirvices and evil customs, so that their souls can be

saved by means of divine grace and mercy; andthe persons who take on this work shall be espe-cially deserving with God, and we make this acharge on the conscience of these persons, andnot on those of His Majesty or ours in his Royalname.

Also we order and command that no one be

permitted to employ in his service more thanthe fourth part of the Indians granted to him inencomienda at the same time, so that they willnot make them abandon their houses, and onlyin case of clear and recognized necessity can theyorder up to one half to serve as this may occur,but this will seldom be necessary; the penaltyfor violation shall be the said three thousandmaravedis.3 . . .

Also, we order and command that whenever

these persons may go to visit the Indians that

belong and are commended to them, when theygo to their houses and villages, they shall notmake bold to do them any injury or to allow thepeople of the land or the criados4they take withthem to do them any; nor shall they beg, de-mand, take, or obtain in trade any of the thingsthey may have inside or outside of their houses,since they are only allowed to ask for and theIndians are only obliged to give them three days'worth of their normal food supplies, withouthaving to give them chickens or pigs they mayhave, unless they wish to do so of their own willin retUrn for a moderate payment; and the chick-ens, livestock, and. other things they may havethere cannot be tOuched, taken, or consumed bythe encomenderoswithout the permission of theirowners; and if they should be consumed for somenecessity, {the encomenderos}shall be obliged topay for them. . . .

Also, we order and command that the said

Indian principales be obliged, whenever a mes-sage is sent them with an Indian, to order Indi-ans to go and do what they are commanded to,and also to send the Indians needed to live in the

houses of their encomenderosduring the times ormonths of the year they are required" serving anddoing what they may be ordered, on conditionthat their encomenderosfeed them and care for them

when ill, indoctrinate them as stated, help Themto die well, and teach them the best order and

manner of livin~ they can; . . .

Also, we order and command that these per-sons [the encomenderos]try to have twO or threechildren of ten years or less from their encomiendasin their houses, so that they can learn to live asChristians and see and understand the things of

God and His Holy Church and the proper man-ner of living, so that when they reach the age oftwelve or thirteen years they can return to theirhomes and teach and instruct their parents,brothers, and other relatives; . . .

Also, we order and command that if the saidIndians, either princiPales or ordinary Indians,should come to make just complaint over illtreatment, violence, injuries, or excessive labor,they should be heard by the judicial authoritiesand [their rights] maintained and protected, andif some person or persons should mistreat or pun-ish them for this, they shall incur the penaltiesstated in the preceding ordinance;) and with re-

gard to this and the violence, injury, and othercrimes that may be committed, the testimony ofthe Indians shall be accepted, as long as it is sup-

ported and the Indians are not suborned or in-duced. . . .

Also, we order and command that every yearafter the said Indians are allocated to serve and

pay tribute to their encomenderos,visitadores shallbe sent oUf'-through all of the country and itsdistricts with solemn judicial authority, a notary,and an interpreter, receiving authority and in-structions from the person governing in addi-tion to being obliged for the carrying out of theseordinances, in order that they may carry out avisitation of the country and the Indians andcollect testimony concerning the acts of violence,injuries, and other crimes committed, and toarrest the Christians and Indians implicated andbring them as prisoners to this city, so that jus-tice may be done in everything and the relief, .

welfare, benefit, conservation, and pacification

of the Indians may be obtained as His Majestyhas ordered and charged. . . .

Also we order and command that . . . [if anyIndians] should rebel and refuse to serve and paytribute to their encomenderos,with the license and

aUthority of the person governing, [men] can goto pacify, settle, and reduce these Indians to theservice of His Majesty with the caudillo7 or cap-tain appointed for them and with the help of theobedient Indians, and the persons who holdencomiendasof Indians in these provinces, shallbe obliged to go personally on foot or horsebackwith their arms at their own cost, or to send

others in their place if there is some just im-pediment or illness that prevents them fromgoing... .

And we command that these ordinances and

each and every one of them be communicatedand eXplained to all the Indians, when. . . theremay be sufficient interpreters, so that it maycome to the attention of all of them, and of [In-dians in] other, separate villages that have notbeen granted in encomienda, so that they mayunderstand, see, and recognize their conditionand advantage and the manner in which theyshould live in order to be saved. Also, we com-mand that these ordinances be read, affixed, and

made public in this city so that they may cometo the attention of all and no one can pretendignorance of any part of them. . . .