Date: 1537, February 3. Valladolid, Spain
Theme: In the late 1530s the Spanish Crown tried to expedite the application of the death penalty against the Blacks that were rebelling in La Española
Source: PARES, Portal de Archivos Españoles–Archivo General de Indias, SANTO_ DOMINGO, 868, L.1,F.33R-34V
Date: 1537, February 3. Valladolid.
Theme: Responses from the Crown to letters from La Española of July 8 and September 8, 1536
Source: PARES, Portal de Archivos Españoles–Archivo General de Indias,SANTO_DOMINGO, 868,L.1,F.33R-34V
[fo. 33r.]
Response to / the audiencia /
Duplicate /
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ii / | […] The King
President and oidores of our / audiencia and chancilleria of the / Española island. I saw two letters of yours of / eighteenth of July and eight of September / of last year that you wrote to the empress / and Queen my very dear and very/ loved woman and in this one they will be / responded to /
After the copy was seen of one of the / |
[fo. 33v.]
iii | ordinances for this audiencia that we ordered/ to be issued about the viewing and deciding of the trials / when any of you is absent / from this said audiencia, and what you say that / many times it has happened and occurs / at present that only the president and an oidor / reside in it due to the death or absence of the / others, and that since you the president, in / criminal trials of death or mutilation / of a limb, do not interfere in deciding them, / only you the licenciado Zuazo remain, and / according to the ordinances of this said audiencia / you cannot finish the criminal trials / in the degree of appeal, and that for / this reason there are currently two trials / stalled for which it would be necessary to wait / until there were enough oidores and that, since it is / about uprisings of blacks, it requires / soon much punishment, you appointed a lawyer / to determine them jointly with you the said licenciado Zuazo / due to the delay, and it was requested that I / instruct to order you what to do when / something else of this quality occurs. As to the past / since you did it for the reasons that you say, I deem it/ good. And for the future, it goes with this my cedula / so that it is done in the way you think. Also I have seen what you wrote to me / in three chapters of your letters regarding the /
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humiliations you say were done by the bishop of San / Juan to the audit judge that you sent to the / said island and to other subjects of ours under condition / of inquisitor, and the mandate by which / he ordered for doctor Carrera to be incarcerated, and since / I want to order a review of the powers that / the said bishop has for the aforementioned, you / must manage to get a copy of those and must / send it to me, and in the meantime here we will/ order to decide what may be convenient on the things / the bishop has done. /
You say that, because you received news that / marshal don Diego de Almagro our governor / of the province of Toledo had passed away / and that the Indians of the Cozco [sic] province / had revolted and that the governor of / that province and that of the Toledo one had / great need for help by troops, you sent / to the said provinces Diego de Fuenmayor, / brother of yours the president with people / and horses, and though here we do not consider / the news of the passing of the said marshal as / certain, it has seemed to me that it was a good decision the one you did / of sending him off and I consider it a service. / Always be careful to send me information in all / the ships about the news that may exist from those /
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to the president of La / Española
Duplicate
| provinces and from the others subjected to this / audiencia. /
r I have been informed that some of the indians / and blacks that you capture for crimes and [you] / condemn to death appeal at these kingdoms. / And because due to the delay some inconveniences / may occur and so on, we have / agreed that you must not grant them the appeal, but / judge on it as court of second instance as / you will see per the cedula that goes with this one. You / must thus comply with it from here on. In Valladolid, on / February third of one thousand and five hundred and thirty / and seven. I the King. Certified by the Comendador / Mayor. Signed by Beltran Carvajal. Bernal Velazquez.
The King
Licenciado Fuentmaior, president of our audiencia y chancilleria / of the Española island, I saw your letter of July 13th of past year / 1536 that you wrote to the empress and queen my very dear / and beloved woman, in which you mention the passing away of doctor / Infante, and the need there is to provide with oidores that / audiencia, and the quality your say you are. And I take into account / the care you have in what pertains to your responsibility and post / and in notifying me of the things that are convenient to our service / and I charge and order you to continue thus, being / sure that I will remember your services, and because in the general/ letter you are responded to in length to what you have written, I refer [you] / to it. In Valladolid, February 3rd of 1536. I the king. Certified and signed / by the above said ones. /
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Date: 1537, February 3. Valladolid, Spain.
Theme: In the late 1530s the Spanish Crown tried to expedite the application of the death penalty against
the blacks that were rebelling in La Española
Source: PARES, Portal de Archivos Españoles–Archivo General de Indias, SANTO_ DOMINGO,
868, L.1,F.33R-34V
In February of 1537, the Spanish monarch, expressing concern about the news received in July and September of the prior year about uprisings by enslaved blacks in La Española, approved a decision by the President of the Audiencia of that colony, Alonso Zuazo, to hire locally an additional judge to make possible the examining and sentencing of two cases of uprisings by blacks that had been stalling at the court,
The fact that some fellow oidores were away from La Española and others had passed away without their vacancy being filled, had left the president with only one fellow judge to work with. And since, according to Zuazo, as president he did not intervene in determining the criminal cases involving punishment by death or mutilation, and the local ordinances prevented him from acting in the judging of appeals, he had requested approval from the king of his initiative for an additional judge. The monarch responded positively and announced that he would be issuing a cédula on the matter to regulate similar situations in the future.
Further ahead in his communication, the king explicitly mentioned having been informed of “Indians and Blacks” captured for crimes and sentenced to death in La Española had been presenting appeals to these sentences that had to be submitted to the authorities of higher judicial rank in Castille, thus generating a “delay” from which “some inconveniences may stem.” The king announced that he and his advisors had decided to suspend the issuing of those appeals and to order for the Audiencia itself to locally review them and to issue final sentences on them.
As indicated elsewhere in this website, this document is a clear indication that, besides rebelling against the Spanish colonizers in the late 1530s in La Española, a number of blacks were also doing their best to resist the power of the settlers by utilizing in their favor the colonial legal and judicial system under which they were to be processed once accused of those rebellions, in this case through the submission –while it was politically accepted– of judicial appeals that would postpone the final decision on their cases at least until metropolitan judicial authorities received their records and issued sentences about them.
The scholarship about the lives of black people in subsequent centuries of the colonial world of the Americas has pointed out the active efforts of blacks to use in their favor or self-protection the colonial legal system within which they were constrained. This document from the 1530s tells us that this resistance practice had been initiated early on in the colonial process by their ancestors and predecessors in La Española.
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