CHAPTER XCIX

    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 de[338]cided 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[339] 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 Espa?ola 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.

[340]

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; Do?a 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 grand[341]son 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[342] 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 Espa?ola, 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[343] 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[344] 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[345] 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[346] 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[347] 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 jurisdic[348]tion, 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[349] 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,[350] 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[351] 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][352] 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[353] 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[354] 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[355] 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[356] 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[357] 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;[358] 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 Espa?ola, 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[359] 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[360] Saviour Jesus Christ one thousand and five hundred and forty-two.

    I, THE KING,

    I, Juan de Samano, Secretary to their C?sarean 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,