VI.

1542.

BOOK fome of them returned, gave umbrage to an age not accustomed to fee men in inferior condition elevated above their level, and rifing to emulate or to furpass the ancient nobility in splendour. The territories which their leaders had appropriated to themselves were of such enormous extent, that if the country fhould ever be improved in proportion to the fertility of the foil, they must grow too wealthy and too powerful for fubjects. It appeared to Charles that this abuse required a remedy no less than the other, and that the regulations concerning both muft be enforced by a mode of government more vigorous than had yet been introduced into America.

New regu Jations for

this pur

pose.

WITH this view he framed a body of laws, containing many falutary appointments, with respect to the conftitution and powers of the fupreme council of the Indies; concerning the station and jurisdiction of the royal audiences in different parts of America; the administration of juftice; the order of government, both ecclefiaftical and civil. These were approved of by all ranks of men. But together with them were iffued the following regulations, which excited univerfal alarm, and occafioned the moft violent

i See NOTE XXIV. ·

con

VI.

1542.

convulfions: "That as the repartimientos or BOOK fhares of land feized by feveral perfons appeared to be exceffive, the royal audiences are empowered to reduce them to a moderate extent: That upon the death of any conqueror or planter, the lands and Indians granted to him fhall not defcend to his widow or children, but return to the crown: That the Indians fhall henceforth be exempt from personal service, and shall not be compelled to carry the baggage of travellers, to labour in the mines, or to dive in the pearl fisheries: That the stated tribute due by them to their superior shall be ascertained, and they fhall be paid as fervants for any work they voluntarily perform: That all perfons who are or have been in public offices, all ecclefiaftics of every denomination, all hofpitals and monafteries, shall be deprived of the lands and Indians allotted to them, and these be annexed to the crown: That every perfon in Peru, who had any criminal concern in the contefts between Pizarro and Almagro, fhould forfeit his lands and Indians *.”

ters remon

ftrate a

ALL the Spanish minifters who had hitherto His minifbeen entrusted with the direction of American affairs, and who were beft acquainted with the

* Herrera, dec. 7. lib. vi. c. 5. Fernandez Hift. lib. i. C. I, 2.

gainit them.

BOOK ftate of the country, remonftrated against those

VI.

1542.

regulations as ruinous to their infant colonies. They reprefented, that the number of Spaniards who had hitherto emigrated to the New World was fo extremely small, that nothing could be expected from any effort of theirs towards improving the vaft regions over which they were scattered; that the fuccefs of every scheme for this purpose must depend upon the ministry and fervice of the Indians, whose native indolence and averfion to labour, no profpect of benefit or promife of reward could furmount; that the moment the right of impofing a task, and exacting the performance of it, was taken from their masters, every work of industry muft ceafe, and all the fources from which wealth begun to pour in upon Spain must be ftopt for ever. But Charles, tenacious at all times of his own opinions, and fo much impreffed at present with the view of the diforders which reigned in America, that he was willing to hazard the application even of a dangerous remedy, perfifted in his refolution of publishing the laws. That they might be carried into execution with greater vigour and authority, he authorised Francifco Tello de Sandoval to repair to Mexico as Vifitador or fuperintendant of that country, and to co-operate with Antonio de Mendoza, the viceroy, in enforcing them,

He

VI.

1543.

He appointed Blafco Nugnez Vela to be BOOK governor of Peru, with the title of Viceroy; and in order to strengthen his administration, he a viceroy established a court of royal audience in Lima, in appointed which four lawyers of eminence were to prefide as judges'.

The

for Peru.

the regula

THE Viceroy and fuperintendant failed at the Effects of fame time; and an account of the laws which tions in they were to enforce reached America before New Spain. them. The entry of Sandoval into Mexico was viewed as the prelude of general ruin. unlimited grant of liberty to the Indians affected every Spaniard in America without diftinction, and there were hardly one who might not on fome pretext be included under the other regu lations, and fuffer by them. But the colony in New Spain had now been fo long accustomed to the restraints of law and authority under the fteady and prudent administration of Mendoza, that how much foever the spirit of the new ftatutes was detefted and dreaded, no attempt was made to obstruct the publication of them by any act of violence unbecoming fubjects. The magistrates and principal inhabitants, however, prefented dutiful addreffes to the viceroy and

1 Zarate, lib. iii. c. 24. Gomara, c. 151. Vega, p. 2. lib. iii. c. 20.

fuper

1

1

VI.

1543

BOOK fuperintendant, reprefenting the fatal confequences of enforcing them. Happily for them, Mendoza, by long refidence in the country, was fo thoroughly acquainted with its ftate, that he knew what was for its intereft as well as what it could bear; and Sandoval, though new in office, displayed a degree of moderation feldom poffeffed by perfons juft entering upon the exercife of power. They engaged to fufpend, for fome time, the execution of what was offenfive in the new laws, and not only confented that a deputation of citizens fhould be fent to Europe to lay before the emperor the apprehenfions of his fubjects in New Spain with respect to their tendency and effects, but they concurred with them in fupporting their fentiments. Charles, moved by the opinion of men whofe abilities and integrity entitled them to decide concerning what fell immediately under their own view, granted such a relaxation of the rigour of the laws as re-established the colony in its former tranquillity".

In Peru.

IN Peru the ftorm gathered with an aspect ftill more fierce and threatening, and was not fo foon difpelled. The conquerors of Peru, of

J Fernandez Hift. lib. i. c. 3, 4, 5. Vega, p. 11. lib. iii. 22. Herrera, dec. 7. lib. v. c. 7. lib. vii. c. 14, 15. Torquem. Mond. Ind. lib. v. c. 13.

c. 21,

a rank