page_title: Spanish Empire
section_title: Ordering colonial society – social structure and legal status
hierarchical_section_title: Spanish Empire / Spanish America / Ordering colonial society – social structure and legal status
context_page_description: The Spanish Empire, historically known as the Hispanic Monarchy and as the Catholic Monarchy, was one of the largest empires in history. From the late 15th century to the early 19th, Spain controlled a huge overseas territory in the New World, the Asian archipelago of the Philippines, what they called "The Indies" and territories in Europe, Africa and Oceania. It was one of the most powerful empires of the 16th and 17th centuries. The Spanish Empire became known as "the empire on which the sun never sets" and reached its maximum extension in the 18th century.
  Castile became the dominant kingdom in Iberia because of its jurisdiction over the overseas empire in the Americas and the Philippines. The structure of empire was established under the Spanish Habsburgs, and under the Spanish Bourbon monarchs the empire was brought under greater crown control and increased its revenues from the Indies. The crown's authority in The Indies was enlarged by the papal grant of powers of patronage, giving it power in the religious sphere.
context_section_description: Codes regulated the status of individuals and groups in the empire in both the civil and religious spheres, with Spaniards (peninsular- and American-born) monopolizing positions of economic privilege and political power. Royal law and Catholicism codified and maintained hierarchies of class and race, while all were subjects of the crown and mandated to be Catholic. The crown took active steps to establish and maintain Catholicism by evangelizing the pagan indigenous populations, as well as African slaves not previously Christian, and incorporating them into Christendom. The Catholicism remains the dominant religion in Spanish America. The crown also imposed restrictions on emigration to the Americas, excluding Jews and crypto-Jews, Protestants, and foreigners, using the Casa de Contratación to vet potential emigres and issue licenses to travel.
  The portrait to the right was most likely used as a souvenir. For those who traveled to the New World and back it was common to bring back souvenirs as there were a great interest in what the New World meant. The land would be significantly different but there was a special emphasis put on the emerging mixed races. Not only was there whites mixing with blacks but there were natives mixing with both whites and blacks as well. From a Spanish viewpoint, the castas paintings would most-likely have provided a sort of sense to the madness that was mixed races. There were political implications of this portrait as well. The mestizo child appears to be literate with a satisfied grin facing his father alluding to the opportunity the child has due to his father being European.
  A central question from the time of first Contact with indigenous populations was their relationship to the crown and to Christianity. Once those issues were resolved theologically, in practice the crown sought to protect its new vassals. It did so by dividing peoples of the Americas into the República de Indios, the native populations, and the República de Españoles. The República de Españoles was the entire Hispanic sector, composed of Spaniards, but also Africans (enslaved and free), as well as mixed-race castas.
  Within the República de Indios, men were explicitly excluded from ordination to the Catholic priesthood and obligation for military service as well as the jurisdiction of the Inquisition. Indians under colonial rule who lived in pueblos de indios had crown protections due to their statuses as legal minors. Due to the lack of prior exposure to the Catholic faith, Queen Isabella had declared all indigenous peoples her subjects. This differed from people of the African continent because these populations had theoretically been exposed to Catholicism and chose not to follow it. This religious differentiation is important because it gave indigenous communities legal protections from members of the Républica de Españoles. In fact, an often overlooked aspect of the colonial legal system was that members of the pueblos de indios could appeal to the crown and circumvent the legal system in the Républica de Españoles. The statuses of the indigenous populations as legal minors barred them from becoming priests, but the républica de indios operated with a fair amount of autonomy. Missionaries also acted as guardians against encomendero exploitation. Indian communities had protections of traditional lands by the creation of community lands that could not be alienated, the fondo legal. They managed their own affairs internally through Indian town government under the supervision of royal officials, the corregidores and alcaldes mayores. Although indigenous men were barred from becoming priests, indigenous communities created religious confraternaties under priestly supervision, which functioned as burial societies for their individual members, but also organized community celebrations for their patron saint. Blacks also had separate confraternities, which likewise contributed to community formation and cohesion, reinforcing identity within a Christian institution.
  Conquest and evangelization were inseparable in Spanish 
caption: Depiction of racial hierarchy in Mexico. Ignacio Maria Barreda, 1777
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