Laws of Burgos in the context of "Encomienda"

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⭐ Core Definition: Laws of Burgos

The Laws of Burgos (Spanish: Leyes de Burgos), promulgated on 27 December 1512 in Burgos, Crown of Castile (Spain), was the first codified set of laws governing the behavior of Spaniards in the Americas, particularly with regard to the Indigenous people of the Americas ("native Caribbean Indians"). They forbade the slavery of the indigenous people and endorsed their conversion to Catholicism. The laws were created following the conquest and Spanish colonization of the Americas in the West Indies, where the common law of Castile was not fully applicable. Friars and Spanish academics pressured King Ferdinand II of Aragon and his daughter, Queen regnant, Joanna of Castile, to pass the set of laws in order to protect the rights of the natives of the New World.

The scope of the laws was originally restricted to the island of Hispaniola but was later extended to the islands of Puerto Rico and Santiago, later renamed Jamaica. These laws authorized and legalized the colonial practice of creating encomiendas, where Indians were grouped together to work under a colonial head of the estate for a salary, and limited the size of these establishments to between 40 and 150 people. They also established a minutely regulated regime of work, pay, provisioning, living quarters, and diet. Women more than four months pregnant were exempted from heavy labor.

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Laws of Burgos in the context of Slavery in the Spanish New World colonies

Slavery in the Spanish American viceroyalties included the enslavement, forced labor and peonage of indigenous peoples, Africans, and Asians from the late 15th to late 19th century, and its aftereffects in the 20th and 21st centuries. The economic and social institution of slavery existed throughout the Spanish Empire, including Spain itself. Initially, indigenous people were subjected to the encomienda system until the 1543 New Laws that prohibited it. This was replaced with the repartimiento system. Africans were also transported to the Americas for their labor under the race-based system of chattel slavery. Later, Southeast Asian people were brought to the Americas under forms of indenture and peonage to provide cheap labor to replace enslaved Africans.

People had been enslaved in what is now Spain since the times of the Roman Empire. Conquistadors were awarded with indigenous forced labor and tribute for participating in the conquest of Americas, known as encomiendas. Following the collapse of indigenous populations in the Americas, the Spanish restricted the forced labor of Native Americans with the Laws of Burgos of 1512 and the New Laws of 1542. Instead, the Spanish increasingly utilized enslaved people from West and Central Africa for labor on commercial plantations, as well as urban slavery in households, religious institutions, textile workshops (obrajes), and other venues. As the Crown barred Spaniards from directly participating in the Atlantic slave trade, the right to export slaves (the Asiento de Negros) was a major foreign policy objective of other European powers, sparking numerous European wars such as the War of Spanish Succession and the War of Jenkins' Ear. Spanish colonies ultimately received around 22% of all the Africans delivered to American shores. Towards the end of the Atlantic slave trade, Asian migrant workers (chinos and coolies) in colonial Mexico and Cuba were subjected to peonage and harsh labor under exploitative contracts of indenture.

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