by Doug George-Kanentiio Mohawk Akwasasne
The Laws of Burgos was enacted by Spain on December 27th, 1512 in response to the massive slaughter of hundreds of thousands of Native people in the Caribbean by the Spanish invaders. The murders were so blatant as to compel the king to investigate and come up with a series of laws meant to curtail the killings.
It led directly to the creation of the encomienda system: Spanish “lords” were given Natives to control, subject to the following rules. In effect, the encomienda established the federal “trust”: an Indian agent system in which all indigenous lands were territorium nullis (‘empty lands’, since Natives were ‘child like’ and not entirely human) subject to the ownership of the Christian nation which made first contact.
The Romans used a trick – they sent a priest to demand a foreign nation accept Rome’s authority. If there was no immediate response, war was declared. The Roman Catholic Church used the same method, citing the requiremento (a requirement to submit) before declaring a causi belli (just war).
The result? Tens of millions of Natives died. We can see a direct line between the following rules and their effect on every Native person born and raised on an “Indian reservation”. In effect, reservation life began with the Laws of Burgos:
1: The Indians are to be moved to encomiendas. For every fifty Indians, four lodges shall be built (thirty by fifteen feet). This land cannot be taken from them since they were taken from their original land. The Indians will do the planting of all of the food. During the proper seasons, the encomenderos (men looking over the Indians) will have the Indians plant corn and raise the hens.
2: The Indians will leave their land voluntarily to come to the encomiendas so that they shall not suffer from being removed by force.
3: The citizen to whom the Indians are given must erect a structure to be used as a church. In the church must be a picture of Our Lady and a bell with which to call the Indians to prayer time. The person who has them in the encomienda must go with them to church every night and make sure they cross themselves and sing several hymns. If an Indian does not come to the church, he is not allowed to rest the next day.
4: To make sure the Indians are learning Christianity properly, they shall be tested every two weeks and taught what they do not know by the encomendero. He shall teach them the Ten Commandments, the Seven Deadly Sins, and the Articles of Faith. Any encomendero that does not do this properly will be fined six gold pesos.
5: A church will be built equidistant from all estates. On Sundays, Mass shall be observed and a feast will be eaten. If the encomendero does not bring his Indians, he will be charged ten gold pesos.
6: If the church is too far away, another will be built.
7: The priests who collect tithes from the estates must have priests continually in the churches of the estates.
8: There shall be churches built at the mines so that the Indians working the mines may hear mass on Sundays.
9: Whoever has fifty Indians must choose one boy who the encomendero thinks is able, to be taught to read and write, and also the importance of Catholicism. This boy will then teach the other Indians because the Indians would more readily accept what the boy says than what the Spaniards says. If the encomendero has one hundred Indians, two boys shall be chosen. The faith must be ingrained into their heads so the souls of the Indians are saved.
10: If an Indian falls sick near where there is a priest, the priest must go to him and recite the Credo and other profitable things of the Catholic faith. The Indian shall make confession without being charged a fee. If the Indian is to die, he shall be buried with a cross near the church. If he is not buried, the encomendero owes a fine of four gold pesos.
11: The Indians must not be used as carriers for transporting things to the Indians at the mines.
12: All Spanish inhabitants who have Indians in an encomienda must have the infants baptized within a week of their birth.
13: After the Indians have been brought to the estates, gold shall be searched for as follows: Indians in an encomienda must search for gold for five months a year and at the end of the five months are allowed to rest for forty days. During the forty days, the Indians are not to be employed, unless they are a slave and accept to plant the crops. During the forty days, the Indians will be further instructed in faith since they have more time to learn.
14: The Indians must be allowed to perform their sacred dances.
15: All citizens who have Indians are required to feed them breads, yams, peppers, and on Sundays feed them dishes of cooked meat. For every offense, a fine of two gold pesos shall be paid.
16: According to Catholicism, the Indians are not allowed to have more than one wife at a time and they are not allowed to abandon their wives.
17: Sons of the chiefs of the Islands who are under the age of thirteen are to be given to the Friars so they can be taught how to read, write, and other things about Catholicism. When the sons reach the age of nineteen, they are to return to the encomienda and teach the others.
18: Pregnant women are not to be sent to the mines or made to plant the crops. They shall be kept on the estate and made to do household duties such as cooking and weeding. After the child is born, she can nurse it until it is three years old. After this time, she can return to the mines and other duties.
19: The Indians should not sleep on the ground. Each encomendero should provide his Indians with hammocks.
20: The Indians are to be given one gold peso every year to pay for clothing.
21: Indians may not change their masters. One encomendero cannot employ or house an Indian belonging to another encomendero.
22: The Indian chiefs are allowed two Indians to perform personal duties for every forty of their subjects. Also, visitors to the estates must treat the Indians well and teach them what they know of Catholicism.
23: Official inspectors must keep records of the activities and also the treatment of the Indians in the encomiendas. They must keep track of the population and how much gold is being mined.
24: The Indians are not to be physically or verbally abused for any reason.
25: The Indians are not to be used in private trade or for any other economic interest.
26: Encomenderos that have their Indians working in distant mines shall combine efforts with other estates to help provide food for the Indians.
27: Indians from other lands must also be taught the things of the Catholic faith. They are to be treated kindly, unless they are slaves.
28: If an encomendero dies, his successor takes control of the Indians.
29: Two inspectors should be appointed to each estate.
30: The inspectors are to be chosen by the Admiral, judges, and officers. These people should be compensated by being given Indians in encomienda.
31: Villages should be inspected two times a year, once in the beginning of the year, and once in the summer.
32: If there is a runaway Indian, inspectors cannot apprehend them. They must be given to a man of good conscience who will find the Indians’ encomendero.
33: All inspectors should hold a copy of the Laws of Burgos, signed by the Governor.
34: Inspectors must be provided residencias.
35: One person may not have more than one hundred and fifty Indians and no less than forty Indians in encomienda at one time.
Amendments were added to the Laws or Burgos on July 28th, 1513:
1: Indian women married to Indian men are not to be forced to serve with their husbands at the mines or anywhere else unless it is by their own free will or unless their husbands wish to take them.
2: Indian children do not have to do the work of adults until the reach the age of fourteen. They are then made to do the tasks of children, like weeding or working in their parents estates.
3: Unmarried Indian women who are under the authority of their parents have to work with them on their lands. Those not under the authority of their parents must be kept apart so they don’t become vagabonds.
4: After two years of service, the Indians are free to go. By this time they will be civilized and proper Christians, able to govern themselves.