MAKING THEIR VOICES HEARD: THE NAHUA FIGHT TO SECURE AGENTY THROUGH THE SPANISH COLONIAL LEGAL SYSTEM 1575-1820 A Master’s Thesis Presented to The Graduate College of Missouri State University In Partial Fulfillment Of the Requirements for the Degree Master of Arts, History By Micaela Wiehe July 2021 Copyright 2021 by Micaela Wiehe ii MAKING THEIR VOICES HEARD: THE NAHUA FIGHT TO SECURE AGENCY THROUGH THE SPANISH COLONIAL LEGAL SYSTEM, 1525-1820 History Missouri State University, July 2021 Master of Arts Micaela Wiehe ABSTRACT This thesis examines the evolution of the Spanish colonial legal system from 1525-1820 and analyzes the way that the indigenous Nahua people influenced, manipulated, and commanded a powerful conversation with their distant King through interactions with and within the law. By analyzing the extant Spanish colonial legal documents including court records, indigenous codices, land titles, and more, this thesis will attempt to support the theory that the indigenous people in New Spain maneuvered within the many facets of the Spanish legal system to establish themselves as powerful legal actors regaining a significant portion of the freedom taken from them during the Spanish conquest. By taking this revisionist view on the development of Spanish colonial law that focuses on the indigenous influence, the thesis presents the reader with a more comprehensive understanding of colonial development in New Spain; and a more accurate representation of how the indigenous peoples of New Spain transitioned from passive objects of conquest into active Spanish vassals and legal actors shaping, transforming, and adapting Spanish colonial law. KEYWORDS: Nahuas, New Spain, legal cultures, General Indian Court, indigenous legal agency iii MAKING THEIR VOICES HEARD: THE NAHUA FIGHT TO SECURE AGENCY THROUGH THE SPANISH COLONIAL LEGAL SYSTEM, 1575-1820 By Micaela Wiehe A Master’s Thesis Submitted to the Graduate College Of Missouri State University In Partial Fulfillment of the Requirements For the Degree of Master of Arts, History July 2021 Approved: John F. Chuchiak IV, Ph.D., Thesis Committee Chair Djene Bajalan, Ph.D., Committee Member Heidi Backus, Ph.D., Committee Member Julie Masterson, Ph.D., Dean of the Graduate College In the interest of academic freedom and the principle of free speech, approval of this thesis indicates the format is acceptable and meets the academic criteria for the discipline as determined by the faculty that constitute the thesis committee. The content and views expressed in this thesis are those of the student-scholar and are not endorsed by Missouri State University, its Graduate College, or its employees. iv ACKNOWLEDGEMENTS Foremost, I would like to express my sincere gratitude to my thesis advisor Professor John F. Chuchiak IV for his continuous support through my master’s study, for his patience, motivation, enthusiasm, and immense knowledge. His guidance helped me in all the research and writing of this thesis. I could not have imagined having a better advisor and mentor for my master’s program. From the bottom of my heart, I thank you for helping me discover my life’s great passion and at every turn, providing me with the steppingstones to be successful in pursuing this dream. Besides my advisor, I would like to thank the rest of my thesis committee: Dr. Heidi Backes and Dr. Djene Rhys Bajalan for their encouragement, insightful comments, and probing questions that helped create this thesis project. These two both played integral parts in helping me explore and define my research interests. Finally, I would like to extend my gratitude to the following people, without whom I would not have been able to complete this research, and without whom I would not have made it through my master’s degree: Patrick Parnell, Director of International Services, for the funding opportunity to undertake my studies fully funded at Missouri State University. Additionally, I would like to express gratitude to the Study Away Office of MSU for their invaluable support, direction, and help in getting me to Mexico so many times. I would lastly like to thank my dear study mates, colleagues, and lifelong friends – Emma Farley, Carlos Farfán, Adriana Fritz, and Emma Sullivan for a cherished time spent together at Missouri State. And my biggest thanks to my family for all the support they have shown me through this research, the culmination of three years of course work, graduate assistant work, living abroad, multiple moves, a pandemic, distance learning, and everything in between. Mom, thank you for teaching me to love to learn. Thank you for all the years of reading stories together and for lighting an insatiable curiosity in my heart. For my dear Mike, you more than anyone know the sacrifices made to complete this project. I could never put into words how thankful I am for all your support in the form of making late night dinners, listening to frustrated rants, wiping tired tears, and being genuinely excited for every dream I have. You have been amazing, and I hope you’re ready for round two starting next year! Here’s to being each other’s forever cheerleader. All my love. v TABLE OF CONTENTS Introduction Page 1 Main Goals and Overview of this Thesis Page 6 Major Sources Consulted for this Thesis Page 11 Chapter One: Los Misérables y Pobres: The Historiography of the Page 19 Nahua Relationship with Spanish Colonial Law An Analysis of the First Hand Accounts (FHA) and the Page 20 Development of the Historiography of this Legal Relationship Bourbon Era Ideological Shift on Indigenous Legal Page 27 Status/Action Twentieth Century Era and Shift in examination of Egalitarian Page 30 Colonial Representation Recent Studies on the Nahua’s Actual Role in Colonial Legal Page 37 System Chapter Two: Conquest and Vasallaje: Rights and Obligations of Page 42 Nahua Vassals in the Kingdom of New Spain Indigenous Rights and Obligations: The Foundation of Law Page 46 Spanish Conquest and the Origins of the Colonial Order Page 48 Nahua Culture Pre-Conquest: Society, Law, and Economy Page 50 The Spanish Conquest and Aftermath Page 54 Developing a Concept of Indigenous Rights Page 57 Needing Protection: The Creation of the Protector de los Page 59 Indios, 1516 A New Colonial Law: Leyes de Burgos, 1512 Page 61 A Long History of Legal Protection: The Role of the Siete Page 64 Partidas (1265) in Colonial Law Legal Classification of Minority Status: Misérables and Pobres Page 66 Rights and Obligations: Nahua Rights to Land Page 68 Rights and Obligations: Nahua Rights of Labor Page 69 A New Social Order: The Developing Colonial Legal Process Page 71 Theory versus Practice: These Ideologies on the Local Level Page 75 Chapter Three: From Tecuhtli to Gobernador: The Postconquest Page 78 Survival of Nahua Indigenous Nobility and their Role as Cultural Mediators The History of Indigenous Nobility Page 83 A New Political Order: The Changing Nature of Colonial Page 92 Government, 1545-1580 From Tecuhtli to Gobernador: Political Influence of Elite Page 94 Nahua Caciques The Colonial Service of the Indigenous Nobility Page 100 Legacy of the Indigenous Elite Page 102 vi Chapter Four: A Legal Asset for the Indigenous Struggle for Justice: Page 104 The Creation of the General Indian Court Conflicting Jurisdictions and the Need for Change Page 108 Creating the Juzgado General de Indios (General Indian Court) Page 113 What did the General Indian Court Provide? Page 118 Tracking the Case Law: What the Case Files Represent Page 128 Protecting and Expanding Communal Rights: The Land Cases Page 129 Defending against Spanish Abuse Cases Page 131 Fair Wages for a Days Work: Labor Abuse Cases Page 132 Chapter Five: From Ramo de Indios to Las Leyes de Indias: Forging a Page 134 Powerful and Reciprocal Legal Relationship with the Crown The Juridical Nature of the General Indian Court: A System Page 137 Designed to Allow for Change Analyzing this Proposed Trend of Recorded Data (Ramo de Page 138 Indios – AGN) How the data is organized: An Examination of the Data Page 139 General Discussion of the Data Trends Page 145 The Pre-General Indian Court Years, 1575-1592 in the Ramo Page 145 de Indios A Comparative Review of the Royal Cédulas in the Leyes de Page 153 Indias issued during this first period, 1574-1592 The Cases in the Ramo de Indios during the Early General Page 158 Indian Court Period, 1592-1650 A Comparative Review of the Royal Cédulas in the Leyes de Page 167 Indias issued during this second period, 1592-1650 The Mid-Colonial Period of the General Indian Court, 1650- Page 170 1750 in the Ramo de Indios A Comparative Review of the Royal Cédulas in the Leyes de Page 182 Indias issued during this third period, 1650-1750 The Bourbon Reforms and the Late Colonial Period in the Page 186 Ramo de Indios, 1750-1820 A Comparative Review of the Royal Cédulas in the Leyes de Page 194 Indias issued during this final fourth period, 1750-1820 Conclusion: Overall Data Trends Page 197 Conclusion: The Bourbon Era, the End of Indigenous Privilege, and Page 200 Beyond The Bourbon Reforms and the Independence Movements in Page 203 Indigenous Communities Bourbon Legal Reforms: The General Indian Court, El Page 209 Protector, and the Native Elite What did this Legal and Political Shift Represent? Page 215 Bibliography Page 219 Primary Source Archival Documents Page 219 vii Published Primary Source Documents Page 223 Secondary Sources Page 226 viii LIST OF TABLES Table 1. Legal Categories of Cases Before the General Indian Court from Page 129 August- September 1784 Table 2. Legal Categories of Cases Brought Before the General Indian Court Page 146 from 1572-1595 Table 3. Legal Categories of Cases Brought Before the General Indian Court from 1592-1650 Page 158 Table 4.