The category of the miserable as a legal meansin the defense of indigenous territory during the Colonial period

Abstract

During the colonial period, the Indigenous settlements developed under specific stipulations that prioritized evangelization, community protection, and territorial planning. A fundamental element was the recognition of the natural right to jurisdiction as a protection mechanism against Spanish expansion.The monarchy established a complex web of privileges through royal decrees with the stated purpose of preserving and protecting Indigenous communities. Although the encomienda system initially seemed to guarantee both congregation and evangelization, deep contradictions were soon revealed and denounced by the mendicant orders.At the councils of the time, these orders presented religious and moral arguments about colonial expansion, highlighting the perspective of Bartolomé de las Casas and Christian humanism. This vision advocated Indigenous protection based on the principle ofmonarchical rule and vassalage, which led to the establishment of royal privileges and graces. The legal category of "miserable," "miserable person," or "miserabilis" represented an important concept of social protection for vulnerable groups: women, orphans, widows, people with disabilities, and indigenous people. This status sought to provide protection to those considered the most defenseless within the colonial social structure.