_How, when the news of the Marquis Pizarro's death reached
Spain, it was ordered that a Viceroy and an Audiencia should be
appointed; and of the conference over the Ordinances which were
issued for the government of the new empire of the Indies._
When the Marquis was murdered in Lima by the Almagro party the news
came with extraordinary celerity to the ships which were about to
sail for Spain, and the Emperor Charles V received it at....[162] He
held that it was an evil service to him, on hearing that the Marquis
had been murdered with such cruelty and violence, considering the
great services he had rendered to his Majesty and the rich provinces
he had added to the Realm. His Majesty wished that the Marquis could
have enjoyed some repose in his old age, and that he had not died so
ignobly. At the same time, his Majesty had felt that he had also been
ill-served by the death inflicted by the Marquis's brother on the
Adelantado Don Diego de Almagro in a former year. Taking counsel with
his grandson, and with others who attended him for that purpose, and
seeing how remote those kingdoms were from Spain, that in the time
of the governors there had been great outrages and robberies, and
that cruel deaths had been inflicted on not a few lords and principal
people, it was resolved that they should be so justly ruled that
God our Lord and the Royal Crown should not suffer displeasure. His
Majesty therefore decided to send out learned men as judges to form
a Court of Justice or _Audiencia_, and also a Royal Chancellery, in
order that causes might be determined and that in all things there
might be right decisions so needful in such a free country where
all men are prone to commit evil. In order that justice might have
greater force, it was also resolved that there should be a Viceroy,
whose duty it would be to see that the natives were well treated by
the Spaniards. The councillors then considered at several sittings
whom should be entrusted with so important a service. His Majesty had
been informed by many people, and from various directions, of the
great oppression the Indians suffered from the Spaniards, and how
the latter, in order to extort gold from them, had burned them and
thrown them to the dogs; also how they seized the natives' wives and
daughters for their own uses, and committed other atrocities. Above
all, there was very great remissness about their conversion; no one
caring for the souls of the poor natives. As a Christian prince,
fearing God, the Emperor was very anxious to find a remedy for these
great evils. He felt that, as universal pastor, he was responsible
to God. Nevertheless, his Majesty's repeated absences from Spain,
so important for the worship of God and for his own service, had
interfered with the mature consideration of what should be done to
avoid these great evils, and of what laws ought to be made for the
protection of the Indians.
At this time the reverend Friar Bartolomé de las Casas, who was
afterwards Bishop of Chiapa, arrived in Spain, by whom it was
asserted that the Spaniards were treating the natives in the manner
we have mentioned, and it was even hinted that their behaviour
was worse still. His Majesty ordered the assembly of grandees and
prelates, jointly with men learned in the law who were members of
his distinguished and puissant Council, to determine what should
be provided for the good government of the new realm or empire of
the Indies. They met many times in the presence of the King, some
arguing, others thinking; and their deliberations resulted in the New
Laws, which for this, and not for what the people in Peru supposed,
were enacted; so that we can, in each one of them, see points which
demonstrate the feeling and the reason for their adoption. As these
Ordinances were very famous, and as Gonzalo Pizarro stood in Peru in
opposition to them, thereby giving rise to great battles and many
wars, we will insert them in this place word for word, taken from the
originals.
I know from my experience gathered during a long residence in the
Indies that there were great cruelties and much injury done to the
natives, such as cannot be lightly stated. All know how populous the
island of Española was, and that if the Christians had treated the
natives decently and as friends there would certainly be many there
now. Yet there remains no other testimony of the country having once
been peopled than the great cemeteries of the dead, and the ruins of
the places where they lived. In Tierra Firme and Nicaragua also not an
Indian is left. They asked Belalcázar how many he found between Quito
and Cartago, and they desired to know from me how many now remain.
Well, there are none. In a town which had a population of ten thousand
Indians there was not one. When we came from Cartagena with Vadillo
I saw a Portuguese, named Roque Martín, who had quarters of Indians
hanging on a perch to feed his dogs with, as if they were those of
wild beasts. In the new Realm of Granada and in Popayán they did
things so ruthless that I would rather not mention them. In fine, as
nothing is concealed from princes, his Majesty became fully informed,
and as soon as he was able to spare time from the affairs of the
empire, he gave his attention to these matters.
We must also say that not all those who had estates in the Indies were
so bad as to commit such great sins. On the contrary, there were many
who deplored and strongly denounced such acts. There were men who had
passed through great hardships, misery, and hunger such as cannot be
briefly described; many had lost their lives in the exploration and
subjugation of the Indies, leaving wives and children behind them.
These resented their fathers' Indians being placed under the direct
authority of the King, and the _encomienda_ they held being taken
from them, as it had been granted for certain lives. But this was
not sufficient excuse for taking up arms, for his Majesty would have
listened to the petitions of those who humbly approached him.
The laws having been made and ordained, they were proclaimed with the
sound of a trumpet in the city of Seville, and are as follows:--
NEW LAWS
_Don Carlos_ by the divine clemency Emperor always august, King
of _Germany_; Doña Juana his mother, and Don Carlos himself, by
the grace of God, King of _Castille_, of _Leon_, of _Arragon_, of
_the two Sicilies_, of _Jerusalem_, of _Navarre_, of _Granada_, of
_Toledo_, of _Valencia_, of _Galicia_, of _Majorca_, of _Sevilla_,
of _Sardinia_, of _Cordova_, of _Corsica_, of _Murcia_, of _Jaen_,
of the _Algarves_, of _Algeciras_, of _Gibraltar_, of the _Canary
Isles_, of _the Indies_, islands and mainland of the Ocean Sea, Counts
of _Barcelona_, Lords of _Biscay_ and of _Molina_, Dukes of _Athens_
and _Neopatria_, Counts of _Roussillon_ and of _Cerdania_, Marquises
of _Oristan_ and of _Gociano_, Archdukes of _Austria_, Dukes of
_Burgundy_ and _Brabant_, Counts of _Flanders_ and the _Tyrol_--to the
most illustrious Prince Philip our very dear and beloved grandson and
son,[163] to the Infantes our grandsons and sons, to the President of
our Council of the Indies, to our Viceroys, Presidents and Judges of
our _Audiencias_, and Royal Chancelleries of our said Indies, islands
and mainland of the Ocean Sea, and our Governors, Chief Alcaldes
and other Magistrates thereof, and to all our Councils, Justices,
Aldermen, Knights, Squires, officials and citizens of all our cities,
towns, and settlements in our said Indies, islands and mainland of the
Ocean Sea, discovered and to be discovered, and to all other persons,
captains, explorers or settlers, inhabitants or natives of whatever
estate, quality, condition or position they may be, as well those who
are already there as those who may come hereafter, to each one and to
all of you in your offices and jurisdictions, to whom this our letter
may be shown, or a copy of it signed by a public notary, or who may
become acquainted with a part of it or its contents or anything which
pertains or may pertain to any part of it in any way whatsoever: to
you all health and greeting.
Know ye that for many years we have had the wish and determination
to occupy ourselves with the affairs of the Indies, by reason of
their great importance both in matters appertaining to the service
of God our Lord and the increase of our holy catholic faith as well
as in those relating to the welfare of the natives of those parts,
their good government and the preservation of their persons. Although
we have endeavoured to attend to these affairs, this has not been
possible, owing to the numerous and constant distractions which
have arisen and which we could not neglect, and to the absence from
these Realms which I the King have been obliged to incur for reasons
which are notorious to all. Inasmuch as these constant occupations
have not ceased even in the present year, we have ordered persons
of all estates, prelates as well as knights, and clerics, and some
members of our Council to study and consider matters of the highest
importance respecting which we have received information, in order
that a decision may be reached. The subject was maturely argued and
discussed, and several times considered and debated in my presence.
Finally, having consulted the opinions of all, I have resolved to
command, decree, and ordain the things now herein contained, which,
besides the other ordinances and provisions which from time to time we
have ordered to be enacted, we command to be observed inviolably as
laws from henceforward.
I. Firstly, We order and command that the members of our Council of
the Indies who reside at our Court and meet every morning for three
hours and in the afternoon for such time as is necessary, as business
may arise, shall in future attend in the same way as hitherto. And
as in the said Council there are a number of Judges, we order and
command that in the cases in which they all sit, which are the suits
of five hundred _pesos de oro_ and upwards, three votes in agreement
may pronounce a decision, and when the other votes differ among
themselves, the three can and shall determine the case. And for the
quicker settlement of cases not exceeding the said five hundred
_pesos_ two members of the Council may hear and, if in agreement,
settle them.
II. As We have directed certain new rules to be drawn for our
_Audiencias_ of New Spain, Peru, Guatemala, Nicaragua, and the island
of Española, touching the order and procedure they should adopt in
considering and determining suits which may come before them, and
in the conduct of other things concerning the good government and
conservation of those parts and the natives of them, and that the
members of our said Council may keep more exactly in mind what powers
and duties are allotted to the _Audiencias_ and not recognize nor
adjudicate upon anything extraneous thereto, I have directed the
said rules to be incorporated here, and we order our said President
and members of our Council of the Indies to keep to and comply with
what they contain, and neither adjudicate upon nor recognize anything
contrary to their tenour and object.
III. We disallow and expressly forbid any servant or retainer of
the President or members of our said Council, any Secretary, Public
Prosecutor or Reporter to be an attorney or suitor in any business
of the Indies, on pain of banishment from the Realm for a term of
ten years, and we order every member of the Council above named who
may know of it, to punish and prevent such things, as tending to our
disservice.
IV. We order and command that it shall be the duty of those of our
said Council of the Indies to keep all the laws and ordinances of
our kingdoms, and especially those made by our Royal Council and the
Judges of our _Audiencias_ and the other Judges of our said kingdoms,
with reference to purity as regards the receiving any gifts, payment,
or loans from litigants and other persons having or expecting to
have business before them, nor shall they write any letters of
recommendation to the Indies on pain of punishments enacted in the
said laws and ordinances.
V. In order that the President and members of our Council of the
Indies may be free to devote themselves to the affairs of the
government of those parts we decree and command that they shall
abstain, as far as possible, from dealing with any private business,
for it is with that aim that we have arranged and ordered all that
touches the said _Audiencias_ and the affairs with which they have to
deal. And though the reviewing of _residencias_ is a matter that it
seems might properly be conducted by the Council, yet, in order that
its work of governing may be the more efficient, and that the Council
may devote greater attention to public affairs and meet with less
interference from other business--taking into account, too, the great
distance to be traversed in reaching those Realms--we order that there
shall be brought before our said Council of the Indies only those
_residencias_ and inquiries that may be held in respect of the Judges
and officials of the _Audiencias_, and of our Governors throughout the
Indies, and we allow and direct all the others to be heard, adjudged,
and determined by the said _Audiencias_, each one in its own district
and jurisdiction. As our principal intention and will has always been
to preserve and augment the numbers of the Indians, and that they may
be instructed and taught the articles of our holy catholic faith, and
be well treated as free men and our subjects, as in fact they are, we
charge and command our said Council always to give great attention and
special care to the conservancy, good government, and good treatment
of the said Indians, and to ascertain how our Ordinances are complied
with and executed, especially those We have issued and shall issue for
the good government of our Indies, and the administration of justice
in them, and to see that these are observed, complied with, and put
into execution without any remission, fault or neglect.
VI. We charge and order those of our said Council of the Indies to
sometimes think over and discuss and learn in what ways we may be
justly served and derive advantage in the affairs of the Indies. As
observance and compliance with what is enacted or may hereafter be
enacted for the good government and welfare of the Indies is of great
importance to our service and to the discharge of our conscience, we
order our _Procurador Fiscal_,[164] who is or may hereafter be a Member
of our Council, always to take great care and be very vigilant in
inquiring and learning how the laws are being observed and complied
with in those parts, and to report the same in our said Council,
taking steps against those who do not comply, so as to enforce
obedience to what is enacted, and he is to give us notice when this is
not done.
VII. We order and command that, in the provinces and Realms of Peru,
there shall reside a Viceroy and a Royal _Audiencia_ consisting
of four learned Judges, the said Viceroy presiding over the said
_Audiencia_, which shall be established in the city of The Kings, that
being the most convenient position, for henceforward there will be no
_Audiencia_ in Panamá.
We order that a Royal _Audiencia_ shall be established on the confines
of Guatemala and Nicaragua, consisting of four learned Judges, one
of them being President, as may be appointed by Us, and at present
we order that the President shall be the Licentiate Maldonado (who
is a judge in the _Audiencia_ at Mexico), and that this _Audiencia_
shall have charge of the government of the said provinces, and
their dependencies, in which provinces there will not be Governors,
unless We should otherwise order, and these _Audiencias_, like those
established in Santo Domingo, are to observe the following rules:--
Firstly, we will, decree, and command that all the criminal cases
of whatever quality or importance which are pending, and that may
arise hereafter before any of the four Royal _Audiencias_[165] of the
Indies, may be considered, adjudged upon, and decided by our said
_Audiencias_, by trial and revision, and the judgments thus given
shall be executed and carried into due effect without any further
appeal, petition, recourse, or other remedy whatsoever.
In order to avoid the delay which would occur and the great injury,
charges, and expense to the litigants, which would ensue should they
come to our Council of the Indies following on any suit or civil
action on which appeal was made from our said _Audiencias_, and in
order that justice may be done more quickly and with less loss,
we enact and command that in all civil suits which may be brought
and which are brought, and are under the consideration of our said
_Audiencias_ and our said Presidents and Judges who have been or may
be appointed, these same shall try them and pass judgment and decide
them by trial and revision; and the judgment given on revision may be
carried out without there being any further step by appeal, petition,
or any other recourse whatever, unless the suit be of such nature and
importance that the value of the property in question be ten thousand
_pesos de oro_ or upwards, in which case we will that they may appeal
a second time before our Royal Presence, provided the suitor making
the said second appeal do present it before us within one year from
the time that the revised judgment is notified to him or to his
Attorney.
But we will and command that, notwithstanding the said second appeal,
the judgment which the Judges of our said _Audiencias_ shall have
given on revision be carried out, the suitor, in whose favour it is
given, first of all furnishing sufficient security and proof that,
if the said judgment be revoked, he will restore and pay whatever he
shall have been and will be awarded and granted by that [judgment],
according to the decision which shall be given by the persons to whom
the matter was by us intrusted. However, if the judgment on revision
given in our said _Audiencias_ should be on a question of real estate,
we declare and command that the second appeal shall not lie, but that
the said revised judgment, notwithstanding it be not in accord with
the judgment on [first] trial, shall be carried out.
We decree and command that the Judges to whom we may commit such a
suit on second appeal, do examine and decide the suit by the same
procedure as would have been followed in our said _Audiencia_, without
admitting new evidence or new charges, in conformity with the laws of
our kingdoms touching a second appeal.
And in order that our said _Audiencias_ may possess the necessary
authority, and that what is decreed and ordained by them may be better
obeyed and executed, we will and command that the letters, writs and
other instruments decreed by them, be issued and delivered in our name
and under our royal seal; and let the same be obeyed and complied with
like our own letters and writs signed with our Royal Name.
As in each of our said _Audiencias_ there are to be four Judges, we
decree that all four shall sit in suits for five hundred _pesos de
oro_ and upwards, and for the settlement of such a suit three votes
must be in agreement; but if the suit be for less than five hundred
_pesos_, we decree that two votes in complete agreement shall suffice,
the other two votes differing from one another. Up to the said sum of
five hundred _pesos_, in order to expedite business, two of our said
Judges may try, hear, and give judgment if they are in agreement.
Moreover, we decree that in whatever is not here stated or directed
our said Presidents and Judges of our said _Audiencias_ shall be
obliged to observe, and let them observe, the ordinances issued
to them by Us and the Rules of Court made for our _Audiencias_
established at the City of Grenada and the Town of Valladolid, and the
several benches of _Corregidores_ and Judges of _Residencia_, and the
laws of these our kingdoms and the commentaries and procedure relating
to them.
Moreover, we decree that the appeals which are referred from
Governors, where there is no Royal _Audiencia_, shall go before the
_Audiencia_ of that district and jurisdiction, and in such cases we
decree that the laws of these kingdoms which do not permit of a second
appeal be observed.
X. We decree and order that our said Presidents and Judges be
empowered to send and do send to take _residencias_ of our Governors
who are subject to our said _Audiencias_, and of their Officials
and our other Magistrates, how and when it may seem to them proper,
according to the suits that may arise. For this purpose they shall
send trustworthy and prudent persons who know how to conduct them
and do justice to those who have made complaints against them [these
officials]--in conformity with the laws of our kingdoms and the rules
for _Corregidores_. The reports of _residencias_ which may be taken
as aforesaid of our Governors of Islands and Provinces are to be
sent with all despatch to our Council of the Indies that they may be
considered and decided by it. But all other _residencias_ which may
be taken of our other Magistrates, we will and command that they be
examined and adjudged upon, by our Presidents and Judges of our said
_Audiencias_ and be not sent or brought to our said Council; it is
not to be understood from this that the members of our Council may
not send and take the _residencia_ of the said Governors when it may
appear to be necessary.
As one of the principal things in which the said _Audiencias_ are to
serve us is to take very special care about the good treatment and
preservation of the Indians, we command that they shall always keep
themselves informed of excesses or bad treatment which are or may be
committed by Governors or by private persons, and of how these have
observed the Ordinances and instructions that have been given them,
which have been made to ensure the good treatment of the Indians; and
in so far as such excesses have been or may in future be committed,
let the said [_Audiencias_] take care to remedy it, by punishing the
offenders with rigour in conformity with justice; and in suits between
Indians or against Indians, let them not permit ordinary procedure
to be followed, nor allow the hearing to be protracted, as sometimes
happens through the jobbery of some advocates and attorneys, but
let them be settled summarily, allowing weight to their usages and
customs, if they be not clearly unjust; and let the said _Audiencias_
take care that this is observed by the other lesser Judges.
XI. We decree and command that from now onward, neither because of
war, even though under the category of rebellion, nor by barter, nor
for any other cause in any other way, may any Indian be made a slave;
and we wish them to be treated as our subjects of the Crown of Spain,
for that they are.
No persons may make the Indians serve by way of "naboria" or
"tapia,"[166] nor in any other way against their wills.
As we have decreed a provision that from now henceforward no Indians
shall be made slaves, both with regard to those who up to this time
have been made so against justice and right, and against enactments
and instructions issued, we direct and command that the _Audiencias_
summoning the parties shall summarily and briefly, merely ascertaining
the truth, without legal quibble, place the enslaved at liberty,
unless the persons holding them as slaves can show a title that they
hold and own them legally. And in order that Indians should not be
held unjustly as slaves for lack of persons to urge the aforesaid, we
command the _Audiencias_ to appoint persons to manage such suits on
behalf of the Indians, and to remunerate them from fines of the Court;
and let them be men of integrity and diligence.
XII. We order that, for the protection of the Indians, the
_Audiencias_ are to take special care that these do not carry loads;
or, if in some parts it cannot be avoided, that it be done in such a
way that the load be not so heavy as to endanger the life, health or
preservation of the said Indians, nor be done against their wills, nor
unless they are paid. In no circumstances is such work to be forced on
them; let those who act otherwise be very severely punished. In this
no exception is to be made for any person whatever.
As we have been informed that the pearl fishery has not been conducted
with the good order that is desirable, and that it has resulted in
the deaths of many Indians and Negroes, we order that no free Indian
shall be taken to the said fishery against his will, under pain of
death; and let the Bishop and the Judge who may go to Venezuela
direct what may appear to them just in order that the slaves employed
in the same fishery--Indians as well as Negroes--be protected, and
deaths cease. And if it should appear to them that the risk of death
cannot be avoided by the said Indians and Negroes, then let the pearl
fishery cease; for, as is reasonable, we value much more highly the
preservation of lives than the profit which may come to us from the
pearls.
As the viceroys, governors and their lieutenants, and our officers,
prelates, monasteries, hospitals, religious houses, mints, as well as
officers of our revenue, and other persons favoured as officials hold
Indians in _encomienda_, and as disorders have arisen in the treatment
of those Indians, it is our will and we command that all the Indians
they hold and possess shall be promptly placed under [the protection
of] our Royal Crown, by whatever title they may have been held by
those who are or were viceroys, governors or their lieutenants,
or any of our officials of justice, of revenue, of hospitals,
confraternities, and other similar bodies. Although the Indians may
not have been placed in _encomienda_ by virtue of the said offices,
and though the said officials and governors should say they would
rather resign their official positions and keep the Indians, they are
not thereby excused from compliance.
We further order that all persons who hold Indians without having a
title, but have possessed themselves of them on their own authority,
are to give them up and place them under our Royal Crown. As we are
informed that other persons, though they hold a title, have been given
_repartimientos_ in excessive quantity, we order our _Audiencias_,
each one within its own jurisdiction, to inform themselves fully
about this and with all possible despatch, and to reduce the
_repartimientos_ of such persons to fair and moderate proportions, the
rest being promptly brought under our Royal Crown, in spite of any
petition and appeal that such persons may make. The _Audiencias_ are
to send an early account of what they have done that we may know how
our commands have been obeyed. In New Spain let especial adjustment be
made of the Indians held by Juan Infante, Diego de Ordás, the Master
Roa, Francisco Vázquez de Coronado, Francisco Maldonado, Bernardino
Vásquez de Tapia, Juan Jaramillo, Martín Vásquez, Gil González de
Benavides,[167] and other persons of whom it is said that they hold
a very excessive number of Indians, according to information which
has been given us. As we have also been informed that there are some
persons in New Spain who were among the first _conquistadores_, and
yet have no _repartimiento_ of Indians, we order that the President
and Judges of the said New Spain find out about such persons and
award them, from the tribute the Indians who may be released will
have to pay, what shall appear to them a sufficient sustenance
and fair provision for the said _conquistadores_ who are without
_repartimientos_.
The said _Audiencias_ shall enquire how the Indians have been treated
by the persons who have held them in _encomienda_; and, if it should
appear that they ought in justice to be deprived of their Indians,
owing to excesses and ill treatment of them, we order that they be
promptly so deprived, and that such Indians be placed under [the
protection of] our Royal Crown. The Viceroy and the _Audiencia_ shall
furthermore enquire, with reference to settlers in Peru, into the
excesses which followed the affair between the Governors Pizarro and
Almagro, in order to send us a report on the subject; and from the
leaders whom they find chiefly to blame in those revolutions let them
take any Indians they hold, and place them under the protection of our
Royal Crown.
We further order and command that from now forward no Viceroy,
Governor, _Audiencia_, explorer, or other person whatsoever, has the
right to allot Indians in _encomienda_ whether by original indenture,
transfer, gift, sale, or in any other form or manner, nor by voidance
or inheritance; but when a person who owned Indians dies let them be
placed under our Royal Crown. It shall be the duty of the _Audiencias_
to forthwith inform themselves specially about the person who dies,
his condition, merits and services, how he treated the Indians he
held, whether he left wife and children, and what other heirs, and to
send us a report of the nature of the Indians and the estate, that We
may dispose what may be proper for our service, and grant such aid as
shall seem good to us to the widow and children. If in the meanwhile
it should appear to the _Audiencia_ that it is necessary to provide
some maintenance for such widow and children it may be done by making
them a moderate allowance from the tribute to be paid by the said
Indians, the Indians themselves remaining under our Royal Crown as
above stated.
XIII. We order and command that our said Presidents and Judges take
great care that Indians who become liberated or unclaimed in any of
the above ways be very well treated, and instructed in the doctrines
of our holy Catholic faith, and remain, as our subjects, free men.
This is to be their principal care and that to which we would have
them pay particular attention, and in which they can best serve us;
and let them see to it that the Indians are governed with justice in
the orderly way that the Indians who are under the protection of our
Royal Crown are now governed in New Spain.
As it is reasonable that those who have served as explorers of the
said Indies, and those who have helped by settling in them and have
their wives there, should have preference in the benefits, we order
that in making appointments to magistracies and other positions
of advancement our Viceroys, Presidents, and Judges of our said
_Audiencias_ shall prefer the first _conquistadores_, and after them
the married settlers, provided that they are persons competent to
fulfil the duties; and until these are provided for, no other person
be considered.
As the hearing of lawsuits brought by Spaniards claiming Indians has
been followed by serious objections, it is our pleasure and we direct
that from now forward such suits shall not be heard either in the
Indies or in our Council of the Indies, whether in respect of Indians
under our Royal Crown or in the possession of another third party;
but that every claim that may be preferred upon this subject shall
be submitted to Us, in order that after obtaining the information
proper to the case we may order it to be settled. Any suit that is now
pending, whether before our Council in the Indies, or in any other
place, we order to be suspended and not heard further, the case being
referred to Us.
As one of the things wherein, as we are informed, irregularities
have occurred, and may again arise in the future, is the manner of
conducting explorations, We order and command that in such service
the following procedure be observed:--he who desires to make
discoveries by sea shall apply to the _Audiencia_ of that district
and jurisdiction for a Permit, and having obtained it he may proceed
to explore, provided that, on pain of death, he do not take any
Indian either from islands or mainland, even though he say that they
sell them as slaves and this be so, or even though they wish to come
voluntarily (excepting as to three or four as interpreters), nor
may he seize or be in possession of anything against the will of
the Indians, unless by way of barter and in presence of the person
appointed by the _Audiencia_. The explorer shall observe the rules and
comply with the instructions that the _Audiencia_ may give him, on
pain of forfeiture of all his goods and [arrest of] his person, at our
discretion. He shall be instructed to take possession in Our name of
all the places he may reach, and record all the latitudes.
XIV. Every such explorer is to afterwards submit to the _Audiencia_
an account of what he has done and discovered, and the _Audiencia_
shall send the full report to our Council of the Indies, that it may
decide what is appropriate for God's service and our own. And let
such explorer be charged with the settlement of the parts he has
discovered, and have the reward that we may grant him in proportion to
his labour, achievements, and expenses. The _Audiencia_ is to send
with each explorer one or two _religiosos_, approved persons; and if
such _religiosos_ should wish to remain in the country discovered they
may do so.
XV. No Viceroy or Governor is to undertake new discoveries by land or
sea, because of the inconveniences which have resulted from the same
individual being at once an explorer and Governor.
XVI. Agreements and contracts having been made with some persons
at present engaged in exploration we will and command that
notwithstanding any contract that may have been made with them, such
explorers do keep and observe what is contained in these Ordinances,
and in the instructions which the _Audiencia_ may have given them,
provided the latter be not contrary to what we have ordained. Let them
be notified that if they do not obey, or should exceed in anything,
they will in such case, and _ipso facto_, be suspended from their
appointments, and will incur the loss of all favours they might have
derived from Us; moreover their persons shall be at our mercy. We
order the _Audiencias_, each one of them within its own district and
jurisdiction, to issue to the said explorers instructions that may
appear proper, in conformity with what they will be able to gather of
our intentions from these our decrees, in order that exploration may
be conducted with more rectitude, and that the Indians may be well
treated, and safeguarded, and instructed in the tenets of our holy
faith. And let especial care always be taken to find out how this is
being attended to, and to ensure its being carried out.
In addition to the aforesaid we command the said persons who are
exploring at our orders to promptly make a valuation of the tribute or
service which the Indians in the land discovered should render as our
vassals, and let the same tribute be moderate, so that they can endure
it, bearing in mind the preservation of these same Indians; and the
_Comendero_, where there is one, may be supported from such tribute.
In this way let the Spaniards have neither authority nor intimacy with
Indians, nor any ascendancy or command (over them) and let them not
make use of them either for domestic service or in other way whatever,
in much or in little, nor do more than enjoy their tribute in
accordance with the rules which the _Audiencia_ or Governor may issue
for its collection. Let this (be in force) until We, being informed
of the quality of the land, decree what settlement is proper. And let
this be placed among the other clauses of the contract with the said
explorers.
It often happens that persons who live in the Indies come or send
to beg us to grant a favour about some affairs of theirs out there,
and that from not having knowledge here concerning the character
of persons who submit such petitions, or their merits or ability,
nor respecting the substance of their petitions, the case cannot be
duly and satisfactorily dealt with. We therefore decree that such a
person should show cause before the _Audiencia_ on the spot for what
he wishes to petition Us, so that the Judges of the said _Audiencia_
may inform themselves respecting the character of the petitioner and
the particulars of his plaint; and let them send such information,
together with their opinion thereon, closed and under seal, to our
Council of the Indies, so that by this means more light may be thrown
on what decision it will be proper in our interests to come to.
It is our will and we decree that the Indians now alive in the islands
of San Juan, and in Cuba and Española, both for the present and as
long as it shall be our pleasure, be not oppressed with tribute or
other royal services, whether of a personal or mixed kind, in excess
of what is due from Spaniards who reside in the said islands; but let
them be left at their ease that they may the better increase and be
instructed in the tenets of our holy catholic faith; and with this
object let suitable religious persons be assigned them.
The said Ordinances and matters comprised in this our letter, each
one matter and every part thereof, we command you all and each one of
you, in your said places and jurisdictions respectively, as aforesaid,
to abide by and carry out and cause to be observed and obeyed and
executed in all respects unreservedly and with the utmost diligence
and particular care as laid down in this our letter. You are neither
to go against nor overstep its form or meaning, nor allow it to be
contravened or exceeded either now or at any time whatsoever, or
in any manner: under the penalties stated in it. And in order that
all the above-mentioned [provisions] may be the more widely known,
especially among the natives of our said Indies in whose behalf and
for whose benefit it is enacted. We command that this our letter be
printed from type and sent to all our Indies to the _religiosos_
entrusted with teaching the said Indians, whom we charge to get
it translated into the Indian language, that these may understand
it better and know what is provided. Let no party fail in this in
any respect, on pain of our displeasure and [a fine of] a thousand
_castellanos de oro_ for our treasury for each one who shall act
to the contrary. Furthermore, We command the man who will show you
this letter to summon you, and you to appear, before Us at our Court
wherever We may be, within one year from the date of such summoning,
under the said penalty; under the which likewise we direct our public
notary who shall be called for this duty to deliver a certificate
signed with his sign to the effect that he has shown this [letter] to
you, that we may know how our command is obeyed.
Given at the city of Barcelona on the twentieth day of the month of
November, in the year of the birth of our Saviour Jesus Christ one
thousand and five hundred and forty-two.
I, THE KING,
I, Juan de Samano, Secretary to their Cæsarean and Catholic
Majesties, caused it to be written by command.
Fr. Garsias, Cardinalis Hispalensis.
Doctor Guevara.
Doctor Figueroa.
Registered. Ochoa de Luyando. For the Chancellor. Ochoa de Luyando,
FOOTNOTES:
[162] Blank in the original MS.
[163] That is, his mother Juana's grandson, his Majesty's own son.
[164] Attorney General.
[165] Santo Domingo, Mexico, Guatemala with Nicaragua and Peru.
[166] _Naboria_--domestic service: _tapia_--task work.
[167] _Juan Infante._ No notice seems to be preserved of this
_encomendero_.
_Diego de Ordás._ Was a native of Campos de Valverde or Castro Verde.
He was chief _Mayor-domo_ to Diego de Velásquez, governor of Cuba, and
was sent by him to arrest Cortés at Trinidad, in the Island of Cuba,
when he had already started on the expedition to Mexico. Instead of
arresting Cortés, D. de Ordás joined his company and was made Captain
of one of the ships of the expedition, and became one of the principal
leaders. He was the first Spaniard to ascend Popocatepetl. After the
fall of Mexico he was sent by Cortés on a mission to Spain, when he
was made a _Comendador_ of the order of Santiago, had the grant of
Indians which had been made to him in Mexico confirmed by the Emperor,
and was given a smoking mountain (Popocatepetl) as his coat of arms.
He then went back to Mexico, and two or three years later returned to
Castile, and petitioned for leave to conquer the Marañón region, where
he lost his life. He was about forty years old when he left Cuba for
Mexico.
_Maestro Roa._ When describing the festivities in Mexico to celebrate
the peace made by Francis I and the Emperor at Aguas Muertas, Bernal
Díaz says (ch. cci): "After this, on the following morning, half this
same _Plaza_ had been turned into the City of Rhodes with its towers
... and of the hundred knights commanders ... the Marquis Cortés was
their commander and the Grand Master of Rhodes....
"I want to add an amusing story concerning a settler in Mexico called
the Master of Rhodes (Maestro de Roda), already an old man, who had
a great wen on his neck. He had the name of Master of Rhodes because
they called him purposely Master of Rhodes, and it was he for whom the
Marquis had sent to Castile to heal his right arm, which he had broken
in a fall from a horse after his return from Honduras, and he paid him
very well for coming to cure his arm, and gave him some _pueblos_ of
Indians.
"When the festivals which I have mentioned were over, as this Master
of Rhodes was one of the chroniclers [of the festivities], and was
a good talker, he went to Castile at that time, and became so well
acquainted with the Señora Doña Maria de Mendoza, the wife of the
_Comendador Mayor_, one Francisco de los Cobos, that he bewitched her,
and promised to give her drugs so that she should bear a child, and
he said this in such a way that she believed him, and the Señora Doña
Maria promised him that if she bore a child she would give him two
thousand ducats, and would support him before the Royal Council of the
Indies in obtaining further _pueblos_ of Indians. This same Master of
Rhodes also promised Cardinal de Cigüenza, who was President of the
Council of the Indies, that he would cure him of the gout, and the
President believed him, and they allotted him, on the order of the
Cardinal and through the support of the Señora Doña Maria de Mendoza,
very good Indians, better than those he owned. What he did in the
matter of cures was to heal neither the Marquis's arm (if anything
he left him more crippled, although he paid him very well and gave
him the Indians I have mentioned), nor did the Señora Doña Maria de
Mendoza ever bear a child, for all the hot sweetmeats of sarsaparilla
which he ordered her to take, nor did he cure the Cardinal of the
gout; but he kept the bars of gold which Cortés gave him, and the
Indians which the Royal Council of the Indies bestowed upon him in New
Spain.
"He left behind him in Castile among the traders who had gone to law
[about Indians] a joke, to the effect that a little sarsaparilla which
the Master of Rhodes had brought with him was worth more than all the
services the true _conquistadores_ had rendered to his Majesty, for
owing to this name, which had been given him of Master of Rhodes,
and through being a good talker, he had deceived both the President
and the Señora Doña Maria de Mendoza, while other _conquistadores_,
however much they had served his Majesty, got no benefits at all."
[Hakluyt Society, Series II, vol. 40, pp. 191, 197-8.]
_Francisco Vásquez Coronado._ I do not think he was an original
_conquistador_; he probably arrived later in Mexico. He was an
intimate friend of Antonio de Mendoza, the first Viceroy of Mexico. He
married the daughter of Alonso de Estrada, the Treasurer of Mexico.
He was appointed Governor of the State of Jalisco, and left his
government to undertake the conquest of Cibola--"the seven cities."
Bernal Díaz says of him: "Francisco Vázquez had been lately married
to a lady who was a daughter of the Treasurer Alonzo de Estrada, and,
in addition to being talented, was very beautiful; and as he went to
those cities of Cibola he had a great desire to return to New Spain to
his wife. Some of the soldiers who were in his company said that he
wished to copy the Greek Captain Ulysses, who when he was before Troy
was crazy to go and enjoy his wife Penelope, so did Francisco Vázquez
Coronado, who left the Conquest he had undertaken. He was attacked
by incipient madness and returned to Mexico to his wife, and as they
reproached him for having returned in that way, he died within a few
days."
Later on Bernal Díaz says: "Nor will I call to mind the expedition
which Francisco Vázquez Coronado made from Mexico to the cities which
they call Cibola, for as I did not go with him I have no right to
speak of it."
_Francisco Maldonado._ Must have been one of the original
_conquistadores_ as he signed the first letter of the Army of Cortés
to the Emperor. However, there were five men of the name of Maldonado
mentioned by Bernal Díaz. Two of them may be ruled out as their names,
Alonzo and Alvaro, are given--a third, a native of Medellin, returned
to Cuba, invalided. Francisco Maldonado was therefore probably either
"Maldonado 'el ancho,' a native of Salamanca and a distinguished
person who had been in command of expeditions, who died a natural
death," or "Maldonado of Vera Cruz, who was the husband of Doña Maria
de Rincon."
_Bernaldino Vázquez de Tapia._ An original _conquistador_, as he
signed the first letter to the Emperor. He is mentioned as chosen to
accompany Pedro de Alvarado on an embassy to Montezuma, when Cortés
was at Tlaxcala--but he fell ill on the road and the embassy was
recalled. When the first Royal _Audiencia_ of Mexico was dismissed
and many disputes arose, Bernaldino Vázquez was chosen by the
_conquistadores_ as Proctor to go to Spain and represent the interests
of Cortés. Bernal Díaz says of him, "a very distinguished and rich
man, who died a natural death."
_Juan Jaramillo._ Was captain of a launch during the siege of Mexico.
He accompanied Cortés on the expedition to Honduras, and on the way,
at Orizaba, he was married to Doña Marina the mistress of Cortés. He
died a natural death.
_Martín Vázquez._ An original _conquistador_ described by Bernal Díaz
as "a native of Olmedo, a rich and distinguished man" who became a
settler in Mexico--died a natural death.
_Gil González de Benavides._ Was not an original _conquistador_,
but he accompanied Cortés on his expedition to Honduras. He was the
brother of the distinguished _conquistador_ and Captain Alonzo de
Avila, who had received the _encomienda_ of the pueblo of Cuautitlan,
near Mexico. When Alonzo de Avila left Mexico he gave his brother
power of attorney, so that he might benefit from the _encomienda_, and
on the death of Alonzo de Avila the Crown claimed the _encomienda_,
and I think there was a lawsuit about it.
The two sons of Gil González were beheaded for conspiracy.