Spanish Requirement of 1513
Encyclopedia
The Spanish Requirement of 1513 ("El Requerimiento") was a declaration by the Spanish monarchy
Spanish monarchy
The Monarchy of Spain, constitutionally referred to as The Crown and commonly referred to as the Spanish monarchy or Hispanic Monarchy, is a constitutional institution and an historic office of Spain...

 of its divinely ordained right to take possession of the territories of the New World
New World
The New World is one of the names used for the Western Hemisphere, specifically America and sometimes Oceania . The term originated in the late 15th century, when America had been recently discovered by European explorers, expanding the geographical horizon of the people of the European middle...

 and to subjugate, exploit and, when necessary, to fight the native inhabitants. The Requirement was read in Spanish
Spanish language
Spanish , also known as Castilian , is a Romance language in the Ibero-Romance group that evolved from several languages and dialects in central-northern Iberia around the 9th century and gradually spread with the expansion of the Kingdom of Castile into central and southern Iberia during the...

 to Native Americans
Indigenous peoples of the Americas
The indigenous peoples of the Americas are the pre-Columbian inhabitants of North and South America, their descendants and other ethnic groups who are identified with those peoples. Indigenous peoples are known in Canada as Aboriginal peoples, and in the United States as Native Americans...

 to inform them of Spain’s rights to conquest. Those who subsequently resisted conquest were considered to harbor evil intentions. The Spaniards thus considered those who resisted as defying God’s plan, and so used Catholic theology to justify their conquest.

Historical context

Throughout the sixteenth century Europeans quickly subjugated native peoples, plundering their lands and wealth. Europeans justified this with the view that natives were not Christian, and, particularly after witnessing the mass human sacrifices conducted by the Aztecs, and lack of traditional civilization by other natives, savage, and not deserving to possess the New World.

In Spain itself in 1492, the Moorish
Moors
The description Moors has referred to several historic and modern populations of the Maghreb region who are predominately of Berber and Arab descent. They came to conquer and rule the Iberian Peninsula for nearly 800 years. At that time they were Muslim, although earlier the people had followed...

 population of Granada
Granada
Granada is a city and the capital of the province of Granada, in the autonomous community of Andalusia, Spain. Granada is located at the foot of the Sierra Nevada mountains, at the confluence of three rivers, the Beiro, the Darro and the Genil. It sits at an elevation of 738 metres above sea...

 had been given the choice by the first Archbishop of Granada, Hernando de Talavera
Hernando de Talavera
Hernando de Talavera, , a Spanish Converso origins monk of the Order of Saint Hyeronimus since about 1458, a University graduate in Theology from Salamanca University, a prior of the Monastery of Prado, near Valladolid, Royal Confessor of regnant Queen on her own rights Isabel I of Castile, , , a...

: become Christian, or leave the country. In a letter to his religious brothers, Cardinal Cisneros, Talavera's successor, would celebrate the “peaceful domination” of the Moors of the Albaicin, a neighborhood of Granada, praising converts, lauding killing and extolling plunder. This letter came, however, after centuries of struggle by Christians in Spain to recapture their homeland, which had been under Muslim domination for generations. Thus the war in Iberia, between Christians trying to regain their land and Muslims defending their conquered territories, naturally heightened religious tensions and fervor on both sides.

To the King and Queen of Spain (Ferdinand II of Aragon
Ferdinand II of Aragon
Ferdinand the Catholic was King of Aragon , Sicily , Naples , Valencia, Sardinia, and Navarre, Count of Barcelona, jure uxoris King of Castile and then regent of that country also from 1508 to his death, in the name of...

, 1479–1516 and Isabella I of Castile
Isabella I of Castile
Isabella I was Queen of Castile and León. She and her husband Ferdinand II of Aragon brought stability to both kingdoms that became the basis for the unification of Spain. Later the two laid the foundations for the political unification of Spain under their grandson, Charles V, Holy Roman Emperor...

, 1451–1504) the conquest of indigenous peoples was justified by natural law, embodied in the medieval doctrine of “just wars”, which had historically been a rationale for wars against non-Christians, particularly the Moors, but which would now be applied to Native Americans. Coming shortly after the Reconquest, the realization of a centuries-long dream by Christians in Spain, the discovery and colonization of the New World was directly affected by religious and political conditions in a now-unified Iberian Peninsula.

Legal justification

Concerned that Spain ensure control of the natives in the newly conquered Americas, the “Reyes Católicos”, Ferdinand and Isabella, consulted theologians and jurists for religious and legal justification of Spain’s conquests. The treatment of the Native Americans was at first rationalized on the grounds that they were cannibals; any means of subjugation were acceptable. However, some of Christopher Columbus
Christopher Columbus
Christopher Columbus was an explorer, colonizer, and navigator, born in the Republic of Genoa, in northwestern Italy. Under the auspices of the Catholic Monarchs of Spain, he completed four voyages across the Atlantic Ocean that led to general European awareness of the American continents in the...

’s tactics with Native Americans had resulted in uprisings. In 1500, the king and queen again sought advice; the Native Americans were declared to be "free vassals". Despite their elevated status, the Native Americans remained subject to conquest in "just wars".

In 1511, Fra. Montesinos, spokesman for the Dominican Order
Dominican Order
The Order of Preachers , after the 15th century more commonly known as the Dominican Order or Dominicans, is a Catholic religious order founded by Saint Dominic and approved by Pope Honorius III on 22 December 1216 in France...

 in Spain, began preaching against the exploitation of the Native Americans as workers (“la mano de obra de los españoles”) while they were also subject to persecution. King Ferdinand offered a new justification. The enslavement of Native Americans was required because they were pagans, but this did not prevent their conversion to Christianity, nor however, in practice, did it mitigate their slaughter.

The Junta of Burgos of 1512 marked the first in a series of ordinances (“Ordenanzas sobre el buen tratamiento de los indios”) with the ostensible goal of protecting the Indians from excessive exploitation; natives could celebrate holidays, be paid for their labor and receive "good treatment". Similar legislation was adopted by the Junta of Valladolid in 1513 and the Junta of Madrid in 1516. However, none of the laws stopped the abuse; few were charged with illegal exploitation, and punishment was rare.

The Role of Religion

The colonization of the New World by European adventurers and the genocide of native populations to that end was "justified" at the time on spiritual and religious grounds. In the conquest of the Americas, the Christian duty to evangelize non-believers took form of (often forced) conversion of Indians and other pagans, at the hands of Roman Catholic priests. Christianity was also used to justify the state’s policy of enslavement of Indians, and the often violent pacification of native communities who resisted.

To the European mind, the lands of the New World belonged to no one, and could therefore be seized. The radical differences in thought and behavior of the Aztec and Mayan states, with their worship of entirely new, fierce gods, human sacrifice by the thousands, and complete unfamiliarity with European styles of diplomacy, created a sense that conquest was not a war between states but the conquering by a civilized society against a ferocious, barbarous enemy. Moreover, since the native population was non-Christian, Europeans’ Christian religion conferred upon them the right, indeed the obligation, to take possession of the lands and the peoples in the name of God and the throne.

More particularly, Catholic theology held that spiritual salvation took precedence over temporal and civil concerns. The conversion of pagan natives to Christianity was the rationale for and legitimized Spain’s conquests. The Pope, being the recipient of divine authority and having the obligation to propagate the faith, empowered Spain to conquer the New World and convert its peoples. Thus “informed” by the Spanish, the Indians had to accept the supremacy of the Catholic Church and the Spanish Crown. The state was authorized to enforce submission, by war where necessary.

The Spanish requirement of 1513

The European view of the inherent right to conquest and domination in the New World was captured in a declaration addressed to Indian populations known as “El Requerimiento” (The Requirement). The document was prepared by the Spanish jurist Juan López Palacios Rubio, a staunch advocate of the divine right of monarchs and territorial conquest. It was first used in 1513 by Pedrarias Dávila
Pedrarias Dávila
Pedrarias Dávila y Ortiz de Cota , was a Spanish colonial administrator...

, a Spanish explorer who had fought the Moors in Granada and who was later to become Governor of Nicaragua
Nicaragua
Nicaragua is the largest country in the Central American American isthmus, bordered by Honduras to the north and Costa Rica to the south. The country is situated between 11 and 14 degrees north of the Equator in the Northern Hemisphere, which places it entirely within the tropics. The Pacific Ocean...

.

The Spanish Requirement, issued in the names of King Ferdinand and Queen Juana, his daughter, was an admixture of religious and legal justifications for the confiscation of New World territories and the subjugation of their inhabitants. At the time, it was believed that Native Americans resisted conquest and conversion for one of two reasons: malice or ignorance. The Requirement was putatively meant to eliminate ignorance.

A member of the conquistador’s force would read El Requerimiento in Castilian
Spanish language
Spanish , also known as Castilian , is a Romance language in the Ibero-Romance group that evolved from several languages and dialects in central-northern Iberia around the 9th century and gradually spread with the expansion of the Kingdom of Castile into central and southern Iberia during the...

before a group of Indians on the shore, who, with or without translation, remained uncomprehending. All the region’s inhabitants were thus considered to have been advised of Spain’s religious and legal rights to conquest and forewarned of the consequences of resisting. The true nature of the Spanish Requirement, however, was one of absolution; the symbolic act of reading the document relieved the crown and its agents from legal and moral responsibility for the conquest, enslavement and killing of Native Americans. Readings were often dispensed with prior to planned attacks.

As the Spanish Requirement matter-of-factly sets forth, so brazenly from five centuries’ retrospect, God created heaven and earth, and the first man and woman from whom all are descended. God directed St. Peter to establish the Roman Catholic Church. St. Peter’s descendant, the Pope, lives in Rome. The Pope has given the New World territories to the King of Castile and directed the conversion of the Indians. If they listen carefully, the Indians will understand and accept what is happening as just; if not, Spain will make war on them. Here what the document does is to create an ontology into which these new lands and their peoples fit; it is creating a place for them in the exiting Spanish and European political structure and Christian belief structure.

Text of the document

External links

Calderón, Annie Badilla, Instituto Tecnológico de Costa Rica,
“La información y los textos jurídicos de la colonia (II). El poder político
Latina”, Revista Latina de Comunicación Social 13 –enero de 1999.
Recuperado el 2 de marzo de 2008 de:
http://www.ull.es/publicaciones/latina/a1999c/149badilla2cr.htm

Hernández, Jesús Contreras, Universidad Central de Barcelona,
“La cara India, la cruz del 92”, Gaceta de Antropología No. 8, 1991
Recuperado el 3 de marzo de 2008 de:
http://www.ugr.es/~pwlac/G08_01Jesus_Contreras_Hernandez.html

“La Guerra justa y el requerimiento”, arteHistoria, 17 de febrero de 2008
Recuperado el 2 de marzo de 2008 de:
http://www.artehistoria.jcyl.es/historia/contextos/1508.htm

Pereira-Muro, Carmen, "La ‘conversión’ de los moriscos", en Culturas de España, 2003, p. 92.
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