# History of Mexico (Bancroft)/Volume 2/Chapter 16

Table of Contents
CHAPTER XVI.
THE SECOND AUDIENCIA AND ITS REFORMS.
1530-1532.
The New President and Oidores — Their Instructions — Measures for Settlers and Natives — Sumptuary Laws — Impressive Entry of the Oidores — The Government House — Swearing Allegiance to the Sovereign — Residencia and Fate of Matienzo and Delgadillo — Corregimiento System Introduced — A Check to Slavery — AdvanceMent of Natives — Social Reforms — Founding of Puebla of the Angels — Secret Order to Restrict Encomiendas — General Clamor against It — The Conquerors and their Reward.
After the reception in Spain of Bishop Zumárraga's raking denunciation of the audiencia, every ship that left Mexico carried scores of letters detailing the ceaseless abuses of which Spaniards as well as Indians were victims. The conduct of Guzman during his brief sway at Pánuco was known already at court, and now that to these charges were added others still more damnatory, as well as complaints against Matienzo and Delgadillo, it became evident to Charles that his ministers had erred in the selection of men to whom the destinies of the colony had been confided. He resolved on their removal, and as his presence abroad was necessary, he charged the empress to see justice dealt to these malefactors, and worthy persons sent to take their places. Isabel of Portugal was a princess of noble sentiments and of sterling sense. Having submitted the matter to the council, she resolved to make a viceroyalty of New Spain, and to send thither as ruler from among the nobles surrounding the throne a man whose birth and ​position were guaranties not only of his loyalty but of his freedom from the excessive avarice and vile ambition native to men like Guzman. But time was required both for selecting such a person, and to enable him to make preparations; and as the ills of New Spain demanded an immediate remedy, it was decided to send a new audiencia composed of members well known for prudence and rectitude. Some trouble was encountered in the selection, several persons excusing themselves; but finally the presidency was conferred upon Sebastian Ramirez de Fuenleal, sometime inquisitor of Seville and oidor of Granada, and then bishop of Santo Domingo and president of the audiencia of that island. He was informed immediately of the appointment, and ordered to be ready to join his colleagues on their arrival at Santo Domingo. The selection of the oidores was intrusted to the venerable bishop of Badajoz, president of the audiencia of Valladolid, with instructions to choose only those worthy of association with the ilustrious prelate. The bishop, after due deliberation, named Juan de Salmeron, Alonso Maldonado, Francisco Ceynos, and Vasco de Quiroga for these positions; and the nominations were accepted without question by the empress.
Salmeron had acquired both skill and reputation as alcalde mayor of Castilla del Oro, and Ceynos as late ​fiscal to the Council of the Indies, was admirably fitted to act as oidor, but Quiroga's leanings were of too clerical a character. According to the instructions, dated July 12, 1530, on arrival in New Spain they were to forward to their predecessors the letter of the empress, notifying them of the change. Their residence at Mexico should be the palace of Cortés, who would be asked to sell it at a fair appraisement. In the absence of the president, the oldest oidor must preside. As protection of the natives was particularly enjoined, they must strictly adhere to the order disregarded by the former audiencia, to hold no natives, not even the ten servants allowed to the former, their pay being for that reason increased by one fourth. All unfinished business pending before the first audiencia was to be promptly despatched. The residencia of the late oidores and officials should be proclaimed without delay, and if guilty they must be sent to Spain, together with the papers in the case. ​man, if not guilty, should return to Pánuco. The estates of Cortés should be restored, and friendly relations maintained. This applied also to adherents who had suffered in his cause, and to all whose property had been unjustly seized.
In distributing encomiendas they should give conquerors the preference, without favoritism, the limit for such grants in the towns being two hundred pesos income. The towns might for the present elect their own alcaldes. Sumptuary laws should be enforced with more strictness, since extravagance in dress and living was a cause for oppressing the natives. Gambling must be punished, yet the fines imposed for offences committed in this respect during the period of conquest were to be remitted, except in extreme cases. Concubinage must be suppressed, yet in such a manner as to cause no social disturbance. While the maintenance of harmonious relations with the clergy was a duty, as otherwise the salvation of souls would be unattainable, they were instructed to report, after their acquaintance with the country, whether the actual bishops of Mexico and Tlascala were fitted to occupy those positions, and if it were not well to increase the number of bishoprics. The crown had been informed that, contrary to the agreement made with all bishops of the Indies, the two referred to were in the habit of collecting personal tithes; this must be strictly prohibited in any form. Friars could ​hold no encomiendas, and exactions by them should be redressed and punished.
The nuns sent to teach native girls should be protected and favored both by the audiencia and the bishops. The care of the natives was particularly enjoined, and Bishop Zumárraga received praise for his energetic defence of them. There must be no more branding, and traffic in slaves must be reformed or abolished. Wrongfully enslaved natives were to be liberated. Conversion being a main object, churches should be erected, religious education promoted, and exemplary life set forth. In order to promote the spread of Spanish customs and culture the audiencia should appoint, from among Indians dwelling in the towns of the Spaniards, two regidores and an alguacil, to sit in cabildo with the Spanish officers, who under penalty of the royal displeasure must treat them with the greatest consideration. On the other hand, they must not be initiated into branches of knowledge which might endanger the colonists. They should not be allowed to ride, and neither horses nor mules must be sold or given to them under penalty of death and confiscation. The sale or gift of arms to them was also forbidden. A full report of the condition and resources of all the provinces subjugated must be sent in, also information concerning adjoining districts, officials, and other subjects. Encouragement should be given to the cultivation of flax and other products, and all women, natives and Spanish, should know how to spin and weave.
The belief in the existence of a hill of silver in Michoacan still lingered in the royal imagination, and it was ordered that careful assays should be made, not only here but in all provinces where the precious metals existed. The crown had abandoned its claim to all tithes on gold taken from mines, which were ​now free to all, but no gold having been obtained, except from natives, the royal intent was defeated; it was ordered, therefore, that the privilege should be annulled. Frauds against the treasury, in non-payment of tribute, secretion of moneys, and unauthorized loans, must be investigated, and in order to protect the custom-house revenue the three crown-officers were to reside at Vera Cruz, each in turn, an, conjointly with a regidor and the justice of that city, appraise all cargoes in the presence of a notary.
Meanwhile fresh complaints of Guzman and the oidores continued to arrive, until it seemed that their sole aim had been to disobey every instruction given to them. The newly appointed oidores had been for some time at Seville, and were now hurried away. They sailed on the 16th of September, 1530, with orders to touch at Santo Domingo so that their president might join them, but on account of stormy weather they were unable to obey these instructions, and landed at Vera Cruz at the end of the year. With them went several persons appointed to office, and others on whom the emperor had conferred honors for distinguished services. The report of the coming of the new audiencia, so long expected in Mexico, had been ​hailed with joy by all but Matienzo and Delgadillo, who pretended that the new magistrates were simply to fill the places of the president and the two oidores, made vacant by death and absence. Whether it had been entertained or not, the illusion was rudely dispelled when the four oidores came on immediately from Vera Cruz. Convinced at length, with becoming impudence they covered their criminal hearts with the garb of humility, and when their judges approached the city they were foremost to render homage during the pompous reception. The oidores entered Mexico in accordance with the instructions they had received. Just before they reached the city a box containing the royal seal was placed on a richly caparisoned mule, on each side of which walked two oidores, the seniors in advance, marching under a rich canopy of silk, borne by the noblest in the land, whereon were emblazoned in all the pride of heraldry the arms of Castile and Aragon. They took their seats on the 12th of January, 1531, their instructions and the ordinances for their government being read in full audience, after which each of the four, placing the documents upon his head, promised obedience. The president did not arrive until September from Santo Domingo, where he had been waiting the arrival of his associates. They took possession of the finished palace of Cortés, according to orders, although not readily agreeing with him upon the price.
​One of their first acts was a renewal of the oath of allegiance to the king, the queen-mother, and the young prince Felipe, in accordance with special instructions. This was administered after solemn mass by the bishop, on a raised and decorated platform, first to the audiencia, then to the officers of the municipality and leading citizens, in the presence of the assembled subjects. A similar procedure was exacted in all the settlements of the country. After a preliminary investigation the residencia of the late audiencia was proclaimed, and an embargo placed upon their property including Guzman's Pánuco estates. Now for the first time dared the oppressed give vent to the feelings pent up during a long series of indignities and outrages, and haste was made from all parts to testify against the tyrants, and to claim damages. The claims of Cortés' attorneys alone ageregated some two hundred thousand pesos de oro. Matienzo and Delgadillo naturally threw the chief blame on the absent Guzman, but there was enough immediate evidence to cause their arrest, the former, as the least guilty, being confined merely to the city limits, while the insolence of the latter was softened by a term of prison seclusion.The suit against them proved strong, Cortés alone gaining a hundred verdicts, and they
communication with Spain on this point property doubled in value, and Mendoza objected to pay the 50,000 ducats demanded. Cortés' other house was then valued at 60,000 castellanos. Mendoza, Carta, in Id., ii. 200-1. See letter of oidores in Ternaux-Compans, Voy., série ii. tom. v. 161, on payments, and Puga, Cedulario, 37-8, on royal order to buy. The occupation of this house involved the audiencia in certain meddling with municipal affairs, which was resented by the city council. Appeals were addressed to the home government and resulted in a cédula granting one oidor the right to assist in the cabildo sessions. Id., 109-10. ​were sentenced to heavy payments, for which their property was wholly insufficient. They were sent to Spain in the autumn of 1532, together with the evidence, there to linger in disgrace and poverty.
The encomiendas wrongfully granted to their friends were either restored to the rightful owner, or taken for the crown, yet several holders made appeal and managed to retain their grants.
With the residencia, the administration of justice, and the inauguration of reforms, involving long sittings and rounds of visits, the audiencia had a hard task before them, working daily twelve hours out of the twenty-four, not excepting feast-days. Fuenleal, indeed, felt it necessary to recommend the appointment of two more oidores for a term of two years, the others serving four years. In a special council, assisted by the bishop, a number of friars, Cortés, and several officials and residents, the holding and treatment of the natives were carefully considered, as well as the tribute system and cognate branches, and many valuable conclusions were reached to aid the audiencia in executing the orders for the withdrawal of encomiendas, Under the direction of the empress the several councils in Spain had joined at the end of 1529 to consider Indian affairs, notably the holding of Indians, and had resolved that encomiendas should not be sustained. Their recommendation was to effect this change within one year, granting present holders but half the revenue during that time. In view of the reasons presented by Cortés as well as by the friars in favor of the system, and the danger of so sudden a reform, the second audiencia was empowered ​to use their judgment before they took a step that might create a revolt among the Spaniards, retard settlement, or even affect the natives in a manner prejudicial to the crown. They had secret orders nevertheless to withdraw all grants unjustly held, to incorporate for the crown all that fell vacant, and as many more as they could with safety.
The system intended to replace the encomendero rule was that of corregimientos, in charge of petty governors or magistrates known as corregidores, who as royal representatives were to govern the Indians as tributary vassals, granting them almost equal freedom with the Spaniards. They must report on the land and industrial resources of the natives in their district, so that the higher authorities might determine ​upon the kind and amount of tribute to be collected by the corregidores. They must watch that the natives tilled their land and kept to their other work so that the tribute might not fall off; they must promote their conversion and the spread of civilization, and protect them from every abuse and maltreatment, keeping also an eye upon adjoining encomenderos and settlers within the district, and watching as magistrates over the observance of social, religious, and political laws.
An alguacil and a priest aided them in the discharge of these duties. Their only recompense was a salary which for smaller districts amounted to a trifle over three hundred pesos. As the new system would materially affect the conquerors who had certain claims to the land acquired by them, it was proposed to give them the preference in appointing corregidores. The first task of the audiencia was to inspect the towns and apportion districts of sufficient size to support the many claimants entitled to office. Many of the divisions were too small to support the triple offices of corregidor, alguacil, and priest, and acting corregidores or agents were appointed, partly for economic reasons, partly to allow the appointment of humbler candidates, as but too many of the conquerors were declared to be unfit for the office of corregidores. By March 1531, about ninety of the dispossessed landholders had been compensated with appointments as corregidores, alguaciles, and as supervisors of small districts.
Another reform introduced was the treatment of natives by encomenderos, as only a portion had been dispossessed. The audiencia perceived with horror how the poor creatures had been torn from their homes under the most shallow pretences, to be ​enslaved and branded; some carried to distant regions and made to work in the mines, there to die from hardships and maltreatment. Wars had been forced upon provinces in order to give excuse for enslaving; petty offences had been falsely charged against free men to secure their condemnation, and, failing in this, they had been declared slaves of chiefs and transferred as such to the Spaniards. For this a remedy existed in a cédula of August 2, 1530, forbidding enslavement either in war, or by any process whatsoever, and as a check to further abuses in this direction, all holders of slaves were directed to register them before the royal officials, and if necessary prove their title. Bishop Zumárraga was by the same decree confirmed as protector of the Indians, to watch over its observance, and shield the oppressed, yet with authority subordinate to that of the audiencia. Strict as the law appeared, it was not difficult to evade it with the aid of corrupt officials, by whom the audiencia could easily be deceived. Even the saintly oidor Quiroga joins Salmeron in suggesting, a few months after the issue of the cédula, that natives guilty of rebellion, idolatry, and social crimes be condemned to the mines, which must be abandoned unless workers could be obtained. Despite the abuses that crept in, a salutary check had nevertheless been given to Indian slavery. Soon followed the liberation of children born of such slaves, and gradually slavery in its real sense became confined to the negro race.
Another evil was the carrier system, by which chiefs ​or towns were called upon to furnish men to encomenderos and officials, or for pretended royal service, to transport provision and material to the settlements, or for armies, The burdens and pressure to which such impressed natives were submitted were quite appalling, hundreds perishing on the road, there to be left as carrion. To stop the impressment was impossible, as available beasts of burden were too few, and as there was no other way to utilize certain natives who were accustomed to carrying. Nevertheless restrictions were introduced, with limits on the burden, the distance, and the proportion of the imhabitants to be thus employed. Married men were allowed to employ four carriers, bachelors, two, who must volunteer for the work and receive in payment one hundred cacao beans daily. All natives, indeed, must be paid for work, the rate and number of hours being determined by the audiencia.
In these and other tasks of reform this body was aided by native alguaciles, instructed by Spanish officers and intrusted with the staff of office, as a step to teaching them the administration of municipal affairs. A further step was the establishment of the town named Santa Fé, near Mexico, for converted natives, especially those who had left the monasteries, and here under the care of friars in their convent hospital they were to be confirmed in the knowledge ​and practice of European arts and institutions. Others were placed in apprenticeship to Spanish artisans. Efforts were also made to gather and provide for half-breed children deserted by their fathers, and to administer relief for the suffering created by the measles, which burst suddenly upon the natives as an epidemic, and committed ravages only inferior to those of the small-pox. Moors and Jews, and descendants of those who had been stamped by the inquisition, were expelled, so that their presence might not profane the increasing number of converts. Measures against vagrants were made more stringent, as they set a bad example to the community, and created no little mischief in the native towns. This applied also to many idle and dissolute persons, who, without being actual vagrants, proved equally pernicious to the community. A number of these were settled in different towns, and given land, together with ten or twenty natives to aid them in cultivating it.
Among the results of the colonization measures was the founding in 1530 of the city of Puebla de los Angeles, by Hernando de Saavedra, corregidor of Tlascala, with the approval of the audiencia. Bishop Garcés had ​already represented to the crown that unless a Spanish town was established in his diocese little progress could be made in the way of either spiritual or temporal improvement, and he applied for permission to found one. The necessity was, however, so evident that, confident of the approval of the king, the audiencia authorized the beginning of the work before the receipt of instructions from the crown. According to Motolinia, the work was begun on the 16th of April, and from Bishop Zumárraga's statements we learn that the site first selected was situated on low ground, and that it had been decided before he left New Spain, in 1582, to remove the town to a higher position.
Although great assistance had been given to the settlers by supplying them with native labor from the neighboring towns of Tlascala, Tepeaca, and others, during the first three years the colony did not make that progress which the promoters of it had hoped. The cause was the uncertainty as to the royal orders ​Arms of Puebla De Los Angeles. with regard to privileges and immunities. Doubt also penal ss as to repartimientos. Meanwhile the queen, by cédula of the 20th of March, 1532, sanctioned the proceeding, and instructed the audiencia to advance the settlement as fully as lay in its power, granting exemption from taxation for thirty years. She also conferred upon the town the title of city, and granted it a coat of arms appropriate to its name of Puebla de los Angeles.
Yet for some time discontent prevailed among the colonists, and their numbers decreased considerably. But this unfavorable state of affairs did not last for many years, as in 1535 a subscription to the amount ​of eleven hundred and twenty-six pesos was raised for the erection of a more suitable church, which was begun in August 1536 and completed in October 1539. From this time continued success followed, and Puebla became not only the cathedral town of the diocese, but a flourishing agricultural and manufacturing centre.
Flattered by the good effect of many benevolent measures, and the ease with which reforms had been introduced into the Indian department, the audiencia began to write glowing reports of their progress, and of the improvement of affairs generally. Their secret orders were not divulged, and for a long time the withdrawal of encomiendas was understood to be a step toward a new distribution, partly of grants in perpetuity. This belief was fostered to some extent by the utterances of certain oidores, made in good faith in favor of encomiendas as needful to colonial advancement, and partly by the public letters of Fuenleal to the same effect. But the latter were intended only to deceive the settlers, or calm them, for in private letters he spoke against all but temporary grants, and made light of protests from the colonists. Some of these, however, thought it prudent to secure all the benefit possible from the natives held, and this to a degree that left a stamp of desolation upon many a fair district. This done, they were ready to join those who had been dispossessed in an overwhelming clamor against the gradually disclosing policy of the audiencia. The country would surely be ruined. ​Without natives to work for them the Castilian would be reduced to starvation and compelled to go in search of other fields). The natives would relapse into their old ways, grow arrogant, rise against the Spaniards, and none might predict the end.
The corregidores also joined in the cry, and complained bitterly of the small pay which barely sufficed for absolute necessaries. The friars, who were interested, for that matter, by reason of a number of snug grants, came to their aid with strong arguments, dwelling in particular on the need of the encomienda system to promote conversion, and thereby maintain control over the natives. The oidores became divided on this point, Salmeron and Quiroga showing a preference for the system, and the able Ceynos appearing against crown holdings by which the revenue was reduced to nothing. It was also argued that encomenderos could be supervised in their treatment of vassals fully as well as corregidores, and would not only take greater interest in their charge, but insure a larger tribute. The economic feature must after all outweigh philanthropy, at least with a monarch in need of funds, and as corregimientos involved a costly staff of petty governors and collectors, with payment of army and pensioners, nearly all of whom could be discarded under the encomienda system, which also afforded a surer return, it is no wonder that the high resolves were shaken. Viceroy Mendoza, indeed, received orders to stay his hand against encomenderos, and, as he strongly condemned corregidores, and advocated native service as necessary for the country, we find ​the old system revived with ever increasing entailment, for a number of lives, side by side with corregimiento rule, till it withers in the general advancement, and disappears by decree of Cárlos III.
The question was of vital importance to the conquerors, who, after performing achievements unequalled for daring and grandeur, as Bernal Diaz asserts, had for a dozen years assisted to establish a new country for the crown. If their motives were not governed wholly by patriotism, the result nevertheless appeared to the benefit of their God, their country, and their king, and they were entitled to a better reward than appears to have been given them — instance such meritorious men as Montaño, the volcano-climber. Much of the complaint, as recorded in different memorials, and in the soldier chronicle of Bernal Diaz, is no doubt the chronic grumbling of men disappointed in their inordinate pretensions, or torn by envy at the greater honors and opulence gained by favorites of fortune, or by persons more careful of their opportunities than the reckless, shiftless adventurers who seized an emperor and subdued a nation, and then abandoned the substance to disperse in profitless search of new worlds to conquer. There had been here a Montezuma, and there an Atahualpa; surely there was nothing so very improbable in the fancy that there might be half a score of such kingdoms scattered about the world. But the gold and pearls of new kingdoms once more melted into air, and when the restless soldiers returned to neglected grants, they found themselves too often stripped of these. And so they struggled on, a prey to their own folly, yet ever bringing accusations against a not altogether thankless ​government, and finding consolation in tirades and petitions, and above all in dwelling upon the pictures of the glorious past, dimmed here and there by recollections of those who had yielded life upon the terrible stone of sacrifice, yet anon illumined by heroic deaths on the battle-field. Many succumbed to broken health, and a half-century after the landing of Cortés but five of his famous band of five hundred and twoscore remained, as Bernal Diaz querulously relates: "All of us aged and infirm, and very poor, burdened with-sons, and daughters to marry, and with grandchildren; and so we live in trouble and misery" — a sentence which may possibly belie itself, however. But let the old soldier grumble; it gives us pleasure sometimes to exaggerate our merits.
As for the band of Narvaez, about a thousand strong, he knows of but twelve remaining; and the followers of Garay, all gone or dispersed. Yet the conquerors did not disappear so entirely after all; the number of prominent and wealthy men who in later generations claimed descent from them is quite numerous, and many, indeed, have by illustrious deeds revived the laurels gained by their forefathers. ​
* ↑ The appointment had been determined upon early in March 1530 — see the queen's decree in Pacheco and Cárdenas, Col. Doc., xi. 404 — but the oidores were not officially named until the 12th of July following. Puga, Cedulario, 37.
* ↑ Of the family of the count of Villaescusa de Haro, born in the province of Cuenca, and well educated at the college of Santa Cruz at Valladolid. He had been made third bishop of Santo Domingo in 1524, and three years later, president of the audiencia established there. Herrera, dec. v. lib. 1x. cap. 1; Datos Biog., in Cartas de Ind., 829; Mex., Not. Ciudad, 266. Oviedo, 1. 82, says that he was also bishop of Concepcion de la Vega in the island of Santo Domingo.
* ↑ The order was dated April 12, 1530. Gonzalez Dávila, i. 262.
* ↑ I have preferred the spelling of Puga, Cedulario, 56, and of Cortés, Real Cédula, in Pacheco and Cárdenas, Col. Doc., xiii. 241. Torquemada, Monq. Ind., i. 603, twists the name into 'Cavnos.' Lacunza, Discurso, Hist., 459, says 'Cainos.' They came respectively from Madrid, Salamanca, Toro, or Zamora, and Madrigal. Bernal Diaz, Hist, Verdad., 230.
* ↑ So observes Mendoza, Carta, in Florida, Col. Doc., i. 121-2. See Hist. Cent. Am., i., this series. Herrera, dec. iv. lib. vii. cap. viii., says that 'el Consejo supremo daua priessa en la partida de los nueuos Oydores, i procuraua de embiarlos con mucha conformidad de el Marqués del Valle.' Taken alone the latter part of the sentence might be construed to mean that Cortés' feclings or wishes were consulted in the appointment of the oidores, but it refers most likely to the orders given that Cortés and the oidores should sail together; for Cortés himself admits that the matter was not referred to his judgment. Escritos Sueltos, 176-8.
* ↑ The salary amounted to 500,000 maravedís. Puga, Cedulario, 110. Moreno, Frag. Quiroga, 13, says 600,000, which may include extras. The late oidores should be made to pay the natives employed by them, and if any of the laborers had died the amount should be applied to the hospital fund. Land and other property extorted should be returned, even in case of bona fide sale, if rightful owners so demanded. The fees of audiencia officers should be the same as those of Valladolid and Granada.
* ↑ Including the residencia of Cortés. But this had already been concluded. The accounts of the late administrator of decedents' estates, Lopez de Ávila, were to be examined, and, as the office had been abolished owing to fraudulent management, the unsettled estates and fees must be taken in charge. In 1550 a juzgado de bienes de difuntos was established, from which the crown derived a goodly revenue. Recop. de Indias, i. 489. For previous regulations, see Puga, Cedulario, 13, 14, 20, 73-4; Fonseca, Hist. Hacienda, v. 458.
* ↑ The process was specified, yet Fuenleal in a letter of the 30th of April, 1532, asked for further instructions. Carta, in Pacheco and Cárdenas, Col. Doc., xiii, 208-9.
* ↑ The royal officials had already been ordered to Spain, but the factor had alone presented himself. They must now be sent after having submitted their accounts and left deputies. One charge against them was the engaging in business contrary to instructions. The residencia of alcalde mayores might be taken by deputies. Alguacil Mayor Proaño should, if reinstated, as not guilty, be restricted to the power enjoyed by similar officers in Valladolid and Granada.
* ↑ Or a lieutenant should be appointed. Puga, Cedulario, 45. It was pointed out afterward that this province was too poor to support a governor, and Fuenleal recommended the appointment of a settler as alcalde mayor, for sole ruler, with some deputies to collect taxes. Carta, in Pacheco and Cárdenas, Col. Doc., xiii. 222.
* ↑ Such as Paz' brothers, Altamirano, who returned to testify against Guzman, Ordaz, and others.
* ↑ All petitions to the emperor in this and other cases should first be examined by the audiencia, to guard against unfounded pretensions and statements.
* ↑ By decree of 1530 Cortés was ordered to have restored to him 12,000 pesos in fines for eight years of gambling. Pacheco and Cárdenas, in Col. Doc., xii. 510. Regulations were also issued to restrict gambling. Puga, Cedulario, 70; Ordenes de la Corona, MS., i. 60-4.
* ↑ It was instanced that the Franciscans had exacted gold from the Cempoalans.
* ↑ Fraud on the part of interpreters should be prevented by employing two to give separate renderings.
* ↑ Many of the instructions are mere repetitions of those issued to the firs audiencia, and others are trivial. They are all to be found in Puga, Cedulario, 38 et seq.; Herrera, dec. iv. lib. vii. cap. viii. Many are incorporated in the general laws of Recop. de Indias, Zamora, Bib. Leg. Ult., and Montemayor, Svmarios. The ordinances for the government of the audiencia were similar to those given to the previous body. See also Fonseca, Hist. Hacienda, i. ii. v.; Gonzalez Dávila, Teatro Ecles., i. 24. Puga's work, properly entitled Philipus Secundus, etc., Provisiones, Cedulas, Instrumentos, etc., Mexico, 1563, is remarkable as the first law-book printed in America, and perhaps the first American book of any practical value, the earlier specimens of typography, of which I have several, being chiefly ecclesiastic treatises.
* ↑ During their stay in that city one of them belied his reputation for discretion by meriting a reproof on the part of the India Council for communicating to an officer of the India house a certain royal order. Herrera, dec. iv. lib. vii. cap. viii.
* ↑ 'Nous arrivàmes ici le 23 décembre,' at Mexico, evidently. Letter of audiencia, in Ternaux-Compans, Voy., série 11. tom. v. 138.
* ↑ Among those to whom the privilege of using coats of arms had been granted were Gerónimo Lopez, Juan de Búrgos, Hernando Gomez, Ruy Gonzalez, and García del Pilar. Id. All of these persons could not have accompanied the audiencia; the last named, as we shall see, was serving at the time as interpreter to Guzman in Jalisco.
* ↑ Hearing at last of their arrival in New Spain, he set out and reached Vera Cruz September 23d. There seems to have existed an impression that he would not come. No one desired his presence more than Quiroga, who, on the 14th of August, wrote to the India Council urging that the bishop of Santo Domingo be not allowed to decline the position of president, for the state of affairs in New Spain demanded his presence. He added that no soldier should be placed at the head of affairs but a man of letters, whose conscientiousness, experience, and freedom from avarice fitted him for the position; such a man was Fuenleal, as he, while in Hispaniola, had had ample opportunity of judging.
* ↑ This was the western building, with the shops, and 20,000 pesos de oro was demanded for the whole, but the audiencia paid him barely half that amount for the main building, returning the shops which yielded a rental of 3,000 pesos or more. Cortés demanded more, and was still complaining of delayed payment in 1533. Pacheco and Cárdenas, Col. Doc., xii. 550-1. It was proposed in 1537 to buy also the shops, but during the interval of
* ↑ Torquemada, i. 605, describes the ceremony, and adds: 'Y esta fue la rimera Jura, que huvo en estas Indias.'
* ↑ Which consisted of slaves and live-stock, the whole insufficient to cover the 'dix mille pesos qu'il a pris dans le trésor royal.' Ternaux-Compans, Voy., série ii. tom. v. 139. Delgadillo had hastened to convert his property into money. Id., 174.
* ↑ Matienzo was even trusted so far as to be sent to Pánuco to report on the slave-trade there. Bernal Diaz, Hist. Verdad., 228.
* ↑ Yet not all he sought, for his suits against them and Guzman continued until after his death. See Pacheco and Cárdenas, Col. Doc., xxix. 296 et seq., xxiv. 462. They were mulcted 40,000 pesos de oro in 1532, for 25 of those suits. Cartas de Indias, 748.
* ↑ Fuenleal, Carta, in Pacheco and Cárdenas, Col. Doc., xiii. 251; Villa Señor, Theatro, i. 14. Two brothers of Delgadillo died in prison for their outrages. Bernal Diaz, Hist. Verdad., 230.
* ↑ Two should remain in the capital with the president, the rest should travel, each in his district, to watch over the execution of laws, the collection of revenue, and the welfare generally of the people. A relator was also recommended, and a fiscal, since the order for a lawyer to fill this office at call did not promote impartial pleadings. Cartas, in Pacheco and Cárdenas, Col. Doc., xiii. 207, 225. The advice was partly followed, according to Puga, Cedulario, 84.
* ↑ Salmeron alludes to the clamor created by the execution of this secret decree; but 'come what may, your Majesty's orders shall be carried out,' for they are just. Letter, in Ternaux-Compans, Voy., série ii. tom. v. 126. See also Puga, Cedulario, 52, and Leon, Trat. Ecom., 18, on the new order.
* ↑ Who held civil and criminal jurisdiction in the first instance, and political and economic supervision of his district. 'They were of three classes: letrados, or versed in law, políticos ó de capa y espada, and políticos y militares. All had the same power, except that the last two, as not versed in law, had in suits to consult the alcaldes mayores, who acted as their counsel. Those now to be appointed in New Spain were not all of this formal dignity, though enjoying the title and duties. In the instructions for their guidance, dated July 12, 1530, they were ordered to obtain an account of the lands cultivated and the amount and kind of tribute paid; to keep a record of the encomiendas adjoining their corregimiento, by whom held, how managed, what tribute was obtained, how the natives were treated, what religious instruction was given, and whether there were any vagrants. They could accept no gift or fee, directly or indirectly, under penalty of loss of office and a fine seven times the value of the gift. Supplies might be obtained from the natives, but only on account of salary, to be deducted when tribute levy was made. They could form no business connection, and could neither build a house nor engage in trade. Besides responding to the usual demands on their political and judicial duties, they must make an annual tour of their district to watch over the interests of the natives. The established tariff of official fees must be strictly observed. This clause was much needed owing to the excessive demands of judges and advocates. The audiencia were willing to allow at first eight and subsequently five times the amount charged in Spain, while 20 times more was expected, and that in nearly all trades and professions. See Lettre, in Ternaux-Compans, Voy., série 11. tom. v. 123-4, Setena fines were to be applied wholly to the royal household. The supervision of municipal duties, of religious and social conduct, of roads and fences, of inns, and so forth, was enjoined. All official acts were to be testified to by notary. The care of the Indians was particularly urged, to liberate them from oppression, idolatry, and vices, and to promote Christian civilization. The instructions are quite minute. See Puga, Cedulario, 52-6; Herrera, dec. iv. lib. ix. cap. xiv.
* ↑ 'Te salaire des corrégidors varie de 320 à 380 pesos d'or, celui des alguazils de 120 à 140, et celui des curés de 150 à 170. ils sont trés-modérés, et cependant nous ne savons avec quoi les payer.' Lettre des auditeurs, in Ternaux-Compans, Voy., série ii. tom. v. 132.
* ↑ 'De ceux . . . 38 seront corrégidors ou alguazils.' Id.
* ↑ His jurisdiction was limited in cases of maltreatment to 50 pesos de oro, or ten days imprisonment, and he had no authority over officials. Puga, Cedulario, 64-6. His interference became nevertheless distasteful, it seems, to Fuenleal, who recommended that no more protectors be appointed.
* ↑ Cartas, in Pacheco and Cárdenas, Col. Doc., xiii. 199-200, 424-5. Salmeron even uses the word enslavement in this connection. A joint letter of the audiencia, of March 1531, states that the order against slavery had already injured mining and raised the price of goods. Ternaux-Compans, Voy., série ii. tom. v. 147-8.
* ↑ Cortés urges in 1537 that no undue haste be used in liberating slaves, merely that children be declared free. Escritos Sueltos, 277-8. The price of slaves in 1532 was 40 pesos. See Fuenleal's letter, ubi sup., 258-9.
* ↑ The Huexotzincas, who bordered on the mountain passes leading to Mexico Valley, were constantly impressed for scaling the ranges with burdens, a strain under which hundreds perished, as Zumárraga writes in his oft-quoted letter.
* ↑ Fuenleal, Carta, in Pacheco and Cárdenas, Col. Doc., xiii. 212. He suggests on a later page, that enough beasts exist to dispense with much of the carrying, and urges the continued introduction of live-stock. Guzman favored the same idea for Mexico, but not for New Galicia, where few beasts could be found. Id., xiv. 86-7, 92-3. Beaumont adds his comments. Crón. Mich., iii, 447-8. Herrera, dec. v. lib. i. cap. vi., alludes to the limit of 30 leagues for certain transportations, with proper care and maintenance of the carriers.
* ↑ Puga, Cedulario, 77, 85. The audiencia speaks in 1531 of 'un demicelemin de mais par jour' to workers on a convent. Ternaux-Compans, Voy., série ii. tom. v. 178. At a later date the pay was a silver cuartillo daily, and Mendoza recommended the increase to ten maravedís, owing to the rise in prices generally. Relacion, in Pacheco and Cárdenas, Col. Doc., vi. 506-7.
* ↑ The audiencia did not find the Indians civilized enough to form town councils. Lettre, in Ternaux-Compans, Voy., série i. tom. v. 168.
* ↑ It was founded by Quiroga, who projected two more. Id., 135, 166; Beaumont, Crón. Mich., iii. 310-11.
* ↑ They might be intrusted to encomenderos till of an age to care for themselves. Puga, Cedulario, 88. Quiroga had been actuated to this step partly by the number of children drowned in the ditches round Mexico. Moreno, Fragmentos, 20-1. The illegitimate offspring of Indians and Spaniards received the name of Montañeses. Frejes, Hist. Breve, 174. Bishop Zumárraga had fined Indian adulterers, but this act was annulled. Ordenes de la Corona, MS., ii. 6.
* ↑ It stands recorded in the native annals as tepiton zahuatl, small pest, the small-pox being called great pest. Mendieta, Hist. Ecles., 514-15. Motolinia places it 'eleven years after the conquest,' Hist. Ind., i. 15; while Bernal Diaz assumes that it came in 1527, preceded by a 'sabre-like light" in the heavens, from which the priest predicted what followed, namely, an epidemic of measles and a sort of leprosy. In the year after, a rain of toads terrified the settlers of Goazacoalco. Hist. Cong. (Paris, 1837), iv. 461-2. In Oajaca, Rel., Pacheco and Cárdenas, Col. Doc., 1x. 212, a famine is recorded, which extended over Miguatlan region. Sahagun describes a pest about that period, 'y salia como agua de las bocas. . .gran copia de sangre [a] por lo cual moria y murió infinita gente.' Hist. Gen., ii. 273.
* ↑ Several petitions appeared to this effect. See Pacheco and Cárdenas, Col. Doc., xii. 124, 136. The decree against Jews appears in Libro de Cabildo, MS., 194, and that against the others was already issued by the previous audiencia, both to be evaded by bribes.
* ↑ By cédula of January 18, 1531, the queen approved of the plan by instructing the audiencia to found a town on an eligible site. Puga, Cedulario, 68.
* ↑ There is some deserepancy about the date of the founding of Puebla, but that given by Motolinia is well supported. Icazbalceta, Col. Doc., i. 232; Concilios Prov., 1555-65, 243. Salmeron, writing on the 30th of March, 1531, uses these words: 'Se comienza á ensayar la Puebla de los Angeles,' Pacheco and Cárdenas, Col. Doc., xiii. 196; yet on August 14, 1531, he describes the town as fairly built, containing a church, public structures, four hostelries,and 50 houses,and the settlers already engaged in agriculture. Ternaux-Compans, Voy., série 11. tom. v. 163-5, 187-90. Vetancurt gives April 16, 1530, as the date when the first mass was said, which statement is corroborated by Motolinia. Vetancurt, however, errs in asserting that the work was begun by permission of Fuenleal, as the president had not yet arrived in New Spain. Chron., 47. Zamacois states the city was founded in 1533 as a measure resolved upon by Fuenleal and the audiencia. Hist. Mex., iv. 562. Some minor authorities give the year 1531, and others 1532, as the date of the founding of this town.
* ↑ Pacheco and Cárdenas, Col. Doc., xvi. 560-2. The new town was built on the margin of the river Atoyac. The site was five leagues south of Tlascala, 20 leagues east of the city of Mexico, and 40 leagues west of Vera Cruz. Upon it were very ancient ruins, those, according to tradition, of the city of Quilaxcolapan, founded centuries before by Vemecat and Xicalantoalt. Another name given to this ancient city was Vasipalan, meaning 'country of snakes.' Medina, Chron. de San Diego de Mex., 242-3. Quilaxcolapan signifies the 'place where entrails are washed,' the name being derived from the custom of throwing into the streams near by the entrails of human victims sacrificed by the Tlascaltecs. Alcalá, Descrip. Puebla, MS., 15.
* ↑ Salmeron, in a letter dated November 1, 1532, states that the colony was on the decrease. Ternaux-Compans, Voy., série ii. tom. v. 207.
* ↑ 'Les mécontents répètent sans cesse aux colons qu'ils les perdent et se perdent eux-mémes, puisque cet essai prouve qu'on peut gouverner le pays sans repartimientos.' Id.
* ↑ Medina, Chron. de San Diego de Mex., 243; Puga, Cedulario, 76. The arms consisted of five towers, through the central one of which rushed a rapid river. The shield was surmounted by an imperial crown, and supported by two angels holding in their hands the letters K and V, which, as Medina conjectures, signified Charles V. In the orle is inscribed the motto: 'Angelis suis Devs Mandavit de se ut custodiant te.' I reproduce a wood-cut representation of these arms from Gonealez Dávila, Teatro Ecles., 1., between pp. 70 and 71, in which an error of se for te occurs in the motto. Calle asserts that the coat of arms was granted on the 20th of July, 1538, and the title of 'muy Noble, y Leal' on February 24, 1561. Mem. y Not., 61.
* ↑ Salmeron, in March 1531, informed the crown, without giving any reasons, that this name had been adopted subject to his Majesty's approval. Pacheco and Cárdenas, Col. Doc., xiii. 196. Tradition, however, assigns reasons for the name. One is that Bishop Garcés saw, in a dream, angels surveying the site, Concilios Prov., 1555-65, 243; and another one informs us that while the Spaniards were employed in founding the city a great multitude of angels appeared in a dream to Queen Isabel and indicated to her the site. Garcia, Hist. Beth., lib. iii. 19.
* ↑ Luis de Castilla made declaration in Toledo 1534, that he had been at Puebla and that the vecinos were dissatisfied. Although he had heard that there were 60 colonists when it was first settled, when he was there there were only 17. These complained that Tlascala and Cholula had not been assigned to them in repartimiento, though a promise to that effect had been made. Puebla, Probanza, in Pacheco and Cárdenas, xvi. 557-9.
* ↑ The episcopal seat was removed from Tlascala Puebla in 1550. About this period it contained 500 vecinos. Mex. Inform., in Pacheco and Cárdenas, Col. Doc., xv. 447-9. As early as 1531 Salmeron had suggested that Puebla should be made the seat of the bishopric — Ternaux-Compans, série ii. tom. v. 185 — and Bishop Garcés also agitated the question of removal thither. He did not, however, live to see the change effected.
* ↑ Notably that of silk. By cédula of April 23, 1548, free license was given to its inhabitants to establish silk factories without being subject to control or interference. Recop. de Ind., ii. 108.
* ↑ El aber quitado los indios y avellos tomado para Vuestra Magestad fué cosa guiada por Dios.' A little below he urges delay in considering perpetuity grants, 'aunque en el parecer que envío digo otra cosa.' Carta, in Pacheco and Cárdenas, Col. Doc., xiii. 252-3.
* ↑ This is graphically set forth in a petition from a number of conquerors, in Col. Doc. Inéd., 1. 526-30.
* ↑ Ceynos recommended entailed grants, with enriqueña clause, of most land, and in large lots, say to about 400 deserving men in all, 200 of whom were to reside at Mexico, paying one tenth of revenue to the crown. Smaller grants lead to extortion. Carta, in Icazbalceta, Col. Doc., ii. 158 et seq., 237. The representations of the friars, headed by Valencia and Betanzos, are om in Id., 156, 190, and others appear i Pacheco and Cárdenas, Col. Doc., 566-71, xi 197-8, xii. 123-6, 140, xvi.
* ↑ See his letters in Id., ii. 183-5, Florida, Col. Doc., i. 122, and Ternaux-Compans, Voy., série i. tom. x. 364, wherein he also exposes the corregidores as negligent officers and cruel extortioners, The commissioners sent to do justice, Puga, Cedulario, 75, did little good.
* ↑ In Leon, Trat. Encom., 4 et seq., we find the rules and progress of the system fully revealed, with entailment to the third, fourth, and fifth generation, in from 1539 to 1629. Mendoza speaks of a system of deductions and vacancies in the corregidor holdings, m order to obtain funds to support appointees for whom no place could be found, Pacheco and Cárdenas, Col. Doc., vi. 500.
* ↑ Bernal Diaz' own family, despite his complaints, rose to prominence, or rather sustained itself, as told in Juarros, Guat., i. 338; Pinelo, Epitome, ii. 604. His own book concludes with brief biographies of a large number of his comrades. Hist. Verdad., 14, 129, 240-7, and passim; the records in Cortés, Residencia, i. ii., and Ramirez, Proceso, give additional facts, and long and nearly complete lists of the first-comers have been collected in Icazbalceta, Col. Doc., i. 431-6; Soc. Mex. Geog., Boletin, 2da ép., ti. 254-63; Dicc. Univ., ii. 492-510; Ilustracion Mex., 1. 345-9. The Monumentos Hist. y Polit., MS., opens with a list of descendants living in 1590, and gives some account of their condition. See also Mex. Manif. al Rey, 22-6; Gonzalez Dávila, Teatro Ecles., i. 177; Torquemada, i. 351, etc. Additional authorities for the three preceding chapters are: Pacheco and Cárdenas, Col. Doc., ii. 45-6, 114, 200-3; iv. 146-7, 566-74; vi. 277, 500, 507; viii. 21; 1x. 212; xi. 197-8; xii. — xiii. passim; xv. 443; xvi. 368, 560; xxvi. 352-564; xxvii. — ix.; Chimalpain, Hist. Cong., ti. 162-9; Ternaux-Compans, Voy., série i. tom. x. 205-57, 345-65; série ii. tom. i. 209 et seq.; tom. v. passim; Libro de Cabildo, MS., 144, 194, 240-4; Oviedo, i. 114-15; iii. 520-35; Leon, Trat. Encom., 18 et seq.; Puga, Cedulario, 6 passim; Cartas de Indias, 639, 837-41; Torquemada, i. 312-13, 502-3, 599-608; ili. 39-42, 101-2, 157, et seq.; Las Casas, Regio. Ind. Devastat., 40-5, 91-112; Ramirez, Proceso, 191-205, 236-58; Figueroa, Vindicias, MS., 121-2; Icazbalceta, Col. Doc., 1. pp. xlviii. — ix., lvi.-lxiv., 14 et seq.; ii. pp. xxiii.-v., 28-30, 156-89; Col. Doc. Inéd., i. 29, 31-4l, 103-22, 521-30; ii. 401-5; iv. 224-6; Archivo Mex., Doc., 1. passim; ii. 81, 166-7, 297-302; Morelli, Fasti Novi Orbis., 104; Florida, Col. 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