Law Of Burgos Summary

Dominican friars were some of the first defenders of human rights in the Indies. They grave fiery sermons denouncing the encomienda system, and refused to take confessions from those who took part in the system (Nuccetelli, 115). In 1512, the crown finally chose to listen to the priests by creating the Law of Burgos (Clayton,55). Since the Indians are subjects, they must be protected. This document gives us a historical insight into the Catholic culture of Spain, and the treatment of Indians in encomienda. The structure and title of the Laws of Burgos tells us that this is a formal, legal document. The law was published in 1512 originally, with amendments in 1513. This would have been nearly twenty years after the discovery of the Islands, yet it was the crown’s first attempt to protect the rights of the Indians. One of the most important things to keep in mind as we read the Laws of Burgos, is that no matter how cruel these laws may seem, the crown recognizes the Indians as subjects, not as slaves, who “may be treated by their owner as he pleases” (XXVII) (i.e. slaves had no rights).
We can tell that both the Laws of Burgos and its Amendments were significant for the time because they were signed by not only the Queen (posthumously)
This expectation of treatment is shown in the strong interest the crown takes in the general day to day treatment of the Indians. First, it is expected the Indians are given hammocks. The Indians “are not to exchange the said hammocks for other things, and if they do exchange them, we command the said visitors to punish the Indians” (XIX). To have a hammock likely distinguished the Indians as subjects from slaves, who would sleep on the floor. This also implies that the crown believes that if the Indians are treated correctly, they will