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Leyes de Burgos : ウィキペディア英語版
Laws of Burgos

The Leyes de Burgos ("Laws of Burgos"), promulgated on 27 December 1512 in Burgos, Kingdom of Castile (Spain), was the first codified set of laws governing the behavior of Spaniards in the Americas, particularly with regards to the Indigenous peoples of the Americas ''('native Caribbean Indians')''. They forbade the maltreatment 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.
The scope of the laws was originally restricted to the island of Hispaniola but was later extended to Puerto Rico and 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, hygiene, and care for the Indians in a reasonably protective and humanitarian spirit. Women more than four months pregnant were exempted from work.
The document also prohibited the use of any form of punishment by the ''encomenderos'', reserving it for officials established in each town for the implementation of the laws. It also ordered that the Indians be catechized, outlawed bigamy, and required that the huts and cabins of the Indians be built together with those of the Spanish. It respected, in some ways, the traditional authorities, granting chiefs exemptions from ordinary jobs and granting them various Indians as servants.
The limited fulfillment of the laws sometimes led to protests and claims. Sometimes they were seen as a legalization of the previously poorer situation, which created momentum for reform, later carried out through the ''Leyes Nuevas'' ("New Laws") in 1542, a new set of stricter regulations about life in the New World including the rights of indigenous peoples, as well as the Laws of the Indies, to encompass the Papal bull and all edicts.
== Origins ==

Cardinal Archbishop Domingo de Mendoza of Seville, heard reports of the abuse of the Americas' Indians and sent a group of Dominican missionaries to Hispaniola to stop the maltreatment. They could not legally stop it, but missionaries made complaints and stirred up a debate that the settlers feared would make them lose their property interests; Fray Antonio de Montesinos preached to the colonists that they were sinning and did not have the right to force the Indians to serve them, claiming they should only be converted to Christianity.
The colonists disagreed and decided the best way to protect their interests was to come together as a group and choose a Franciscan Friar named Alonso de Espinal to present their case to King Ferdinand II of Aragon and refute Montesinos's accusations. The colonists' plan backfired, though, and the Spanish King was outraged by the cases of maltreatment of the Indians. To solve the moral and legal question, he commissioned a group of theologians and academics to come up with a solution.
Dominican Friars, under the sponsorship of Diego de Deza, supported the scientific examination of Christopher Columbus's claims for exploring the West that he presented to the ruling Queen of Castile, Isabel I of Castile and her husband, King of Aragon Ferdinand II of Aragon. After 1508, the friars made the case to defend the aboriginal American Indians from becoming serfs or slaves of the new colonists.
The friars and other Spanish academics pressured King Ferdinand II of Aragon and his daughter, ruling Queen of Castile, Joanna I of Castile, to pass a set of laws to protect the rights of the natives of the New World, which were to be the 1512 Laws of Burgos. In Burgos, on 27 December 1512, thirty-five laws were put into effect to secure the freedom of the Indigenous peoples of the Americas and to enforce Indian Reductions governing conversions.

抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)
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