History of Mexico (Bancroft)/Volume 2/Chapter 8

by Hubert Howe Bancroft

 

CHAPTER VIII.

ORDINANCES AND STATESMANSHIP OF CORTÉS.

1523-1524.

Cortés as Governor — His Ordinances — Armament of Settlers — Promoting Agriculture — Pallas and Demeter — Antillean Jealousy — Social Reforms — Sumptuary Laws — Taking Wives — Cortés Shoulders his Cross — Suspicious Death of Catalina — Local Government — Efforts to Exclude Lawyers — Removal of Vera Cruz — Markets and Trade Regulations — Royal Officials Arrive — Traits and Intrigues — Colonial Policy — Enslavement of Native Americans — Suppression of Repartimientos Opposed — Encomienda Regulations — Work and Pay of Serfs — Entrapping Slaves — Representations of the Council — Extorting Tribute.

We have seen Cortés as a brave soldier, an able general, and astute diplomat; we have beheld him deluding his patron, manipulating to his own purpose the conflicting elements of a horde of adventurers, pitting one people against another to fight his battles or neutralize dangers, and leading his soldiers through strife and hardships to the overthrow of a great empire. Glimpses even of statesmanship we have had in his creation of municipalities, his acts of king-making, and his regulations for the army, which tend in no wise to diminish our admiration for the man. These last-mentioned qualities were now to be more widely tested. The conquest was achieved. From sea to sea once more must bow all nations before Tenochtitlan, only there was a stronger than Montezuma on his throne, one who to the natives of New Spain seemed a god, a descendant of the sun soon to consume their very identity. And now while military rule still prevailed, it was necessary to pave the way for a peaceful administration, and the development of those resources on which permanent progress and prosperity could alone be based. Having subdued the people, Cortés bent his mind to reconciling them to the new order of affairs. He would win Ceres to his cause, and conquer also the soil with a new vegetation, multiply the wealth of a prolific region, and with this alluring bond combine two races and different products into one harmonious whole. It was to be his grander and more enduring conquest, this healing of wounds after a merciless war, this adjustment of differences. Cruelty, intolerance, and avarice were still rampant, but they were now to be softened to some extent, neutralized by blessings which in many respects condoned for the bitter wrongs of unjust invasion.

The salient features of the administrative policy of Cortés are given in the famous ordinances of March 20, 1524. We may therein recognize the training received by the framer as student and lawyer, in his native country, and later as notary and alcalde; at first appearing as mere hillocks in his plain of life; as points whereby to measure its progress; later, evolving into stepping-stones to greatness, adding their quota to the wisdom and foresight which now mark the adjustment of means to ends. Protection being still the main consideration, the ordinances begin by requiring all settlers possessed of a repartimiento of less than five hundred Indians to provide themselves, within six months from date, with a lance, a sword, and a dagger, a target, a helmet, and either native or Spanish defensive armor, all in good condition; also two pikes and the necessary ammunition. Holders of repartimientos with from five hundred to one thousand Indians must within a twelvemonth possess in addition a horse fully equipped. Still larger holders must add three lances, six pikes, four cross-bows or fire-locks, and the necessary ammunition. This was by no means a small requirement when prices are considered.^[1] The settlers must hold themselves in readiness for any summons, and in order to supervise the observation of the ordinances, the municipal authorities must hold reviews at certain intervals, exacting penalties for non-compliance.^[2] As a mark of honor the emperor accorded soon after to the first settlers and conquerors of New Spain the privilege of carrying certain weapons wherever they went.^[3]

The next feature of the ordinance illustrates the training of Cortés as a planter on the Islands. A great change had come over him since he first set foot there, and received the offers made him with the contemptuous reply, "I came to get gold, not to till the soil like a peasant." Necessity and common sense came to his enlightenment, and within a few years we find him a flourishing stock-raiser and farmer. The lessons thus learned were to be applied to the benefit of a great country, and since so many among his companions had had a similar experience, they were ready to lend their coöperation. He required all holders of repartimientos to plant for every hundred Indians, yearly, one thousand vine-shoots or other useful plants of the best kind in the best location and at the fittest time, until for every hundred of such Indians there should be five thousand plants well placed. The planting of Spanish products was especially enjoined. Cortés himself set an example.

Soon after the fall of Mexico there came to him from one of the ports some rice, and in it by chance three grains of wheat, one of which was planted and yielded well, forming the first wheat crop of New Spain.^[4]

Cortés had early endeavored to interest the sovereign in the agricultural interests of the country, and even requested that all vessels for New Spain should be made to bring a number of seeds and plants wherewith to enrich the native varieties. This was, to a certain extent, complied with,^[5] though the selfish enmity or short-sightedness of officials at first cast many obstacles in the way. The rulers at Santo Domingo were persuaded at one time that unless restrictions were placed on the export of live-stock and products to New Spain the Islands would suffer irreparably, both from the drain and from the gradual transfer of productions to that country, which must thereby also absorb the trade. A prohibition was accordingly issued against exporting anything from the Islands that might be used for reproduction. The colonists poured in their complaints to Spain, and soon came a decree practically annulling the prohibition.^[6] The fears of the Antilles were not unfounded, for their position as an entrepôt was soon lost, and this proved another reason for the increased emigration of its people.^[7] Meanwhile New Spain profited by this loss, and Cortés was among the foremost to enrich his different plantations with live-stock and plants, notably in the newly acquired valley of Oajaca.^[8] He also introduced novelties in the form of machinery, such as water-wheels, whereby the labors of grinding and other tiresome and slow operations were lightened for the women. The establishment of the first mill at Mexico was celebrated with great rejoicings.^[9] The natives took readily to the novelties, both in products and implements, though some of the nobles sneered at anything that tended to raise the lower classes from abject toil and limited indulgence.

Cortés did much to ameliorate the condition of the masses, and to temper vices among the richer part of the community. Hours for labor were prescribed to check abuse, and observation of the sabbath was enjoined. 'Trade and labor were forbidden during the hours of divine service, and attendance at mass was made compulsory on Sundays and certain holidays.^[10]

Efforts were made to suppress the mania for gambling, which was increasing with accumulating wealth, and with the life of comparative indolence following as a reaction upon the tragic incidents of the conquest. Cortés was himself passionately fond of the vice, and though recognizing its evil, he winked at disregard of the numerous laws enacted against it.^[11] But as ruler it behooved him to enforce them in some respects at least, though his efforts availed little, to judge from the many stringent decrees by local and supreme authorities which followed during subsequent years. The tenor of some indicates that non-observance was almost expected.^[12] A check was laid also upon more innocent pastimes common among artisans, lest too great indulgence should lead to neglect of work. During working hours this class was not allowed to play at skittles and similar games.^[13] At other times entertainments were encouraged, processions were held, bull-fighting was introduced,^[14] and the authorities of Mexico city even favored the establishment of a dancing-school.^[15]

Among the vices attending the increase of wealth and inaction was extravagance, particularly in dress, and this it was thought best to restrict by forbidding the use of brocade, silk, or velvet for clothes, or taffeta for saddles, sword-belts, and shoes; or embroidery or precious metals in apparel — to all save those whose possessions and rank gave them some claim to indulgence, yet even in their case the amount and nature of the adornments were prescribed. These regulations were enforced by a royal cédula of 1528, on the ground that extravagance led to extortion from the already impoverished natives.^[16]

Domestic morality was promoted by requiring every married settler whose wife was not in New Spain to bring her to the country within eighteen months from date, under penalty of forfeiting his estates. Unmarried encomenderos were enjoined to obtain a wife within the same period.^[17] These measures, prompted by the desire to have well-regulated and orderly settlements, found little favor with some of the conquerors, whose aim was simply to drain their several possessions and depart for homes they had left with regret, and to which they would hasten with delight. But the few must suffer for the general good, and Cortés was prepared to shoulder his part of the burden. Before the issue of this regulation he had made strong efforts to carry out its features by means of persuasion, and by placing funds at the disposal of any one who was unable although willing to comply with the requirements.^[18] Thus he hoped to bind the conquerors to the country and assure its development.

In accordance with this spirit, he sent^[19] for his own wife, Catalina Suarez, to whom he had been united under such peculiar circumstances.^[20] Sandoval happened to be on the coast when she arrived, and undertook to escort her to the capital. Cortés met them near Tezcuco with a brilliant retinue, and tendered all the honor which the wife of the governor of so vast and rich a country could be expected to receive. At Mexico she was greeted with processions, ringing of bells, and salvos, and at night the queen city shone ablaze with illumination, multiplied in the mirrored surface of the dark waters. Amid all this joyous demonstration Cortés is said to have borne a heavy heart, covered by a mask of cheerfulness. This is not unlikely, for the rather humble origin of his wife, the not wholly spotless fame of her family, and the half compulsory marriage, all must have tended to diminish the devotion of the husband, and caused him to regard her as a bar to the ambitious dreams nursed by his ever-increasing fame and power. This view was quite general, prompted partly by her unheralded arrival, which made it appear as if she had come unbidden, in quest of a truant lord.^[21] Nothing in his conduct, however, gave color to the rumor. He showed loyal attention to her every wish and comfort, and exacted all the deference from others that should be accorded to the ruler's consort. She reigned indeed a queen, a position to which the wildest dreams of Catalina or her match-making mother had never attained. But this was not to last. In October 1522, less than three months after her arrival, she assisted at a banquet in her usual health, and on the morrow she was numbered among the dead.^[22]

Lucky Cortés; men and women lived or died according to his heart's desire! Her return to Cortés after years of separation, while he was enjoying the felicities of another liaison, her sudden death, the convenience of the event in view of ambitious dreams attributed to him by certain persons, added to the interest pertaining to the conquerer at this time — all this made the decease a subject of general interest, and the ever-ready tongue of scandal found willing ears for the charge that she had been criminally removed. Nothing was openly said, however, for Cortés was too powerful and too widely feared; but in letters to Spain suspicions were intimated, and when, in 1529, his enemies held an audiencia, unawed by his presence, the mother and brother joined the opponents to arraign him as a murderer, who, like Othello, had suffocated her. The testimony, however, rested on imaginings, for death had removed the only reliable evidence, and no decision could be arrived at even by his enemies. The attorney of Cortés attributed the charge to an effort to extort money, and he himself suffered the affair to pass by in contemptuous silence. The second audiencia did not resume the investigation, and no notice was ever taken of the accusation by friends and patrons of Cortés.^[23] This virtually acquitted him, though scandal-mongers continued to hint that Cortés was not above accomplishing the death he so desired.

In his ordinances Cortés further provided for the appointment of local authorities, to consist at first of two alcaldes, four regidores, a procurador, and a notary, with a person appointed to collect the revenue. The municipality must meet once or twice a week in the town-hall, or its temporary substitute, to discuss the affairs of the town. The alguacil mayor had a vote in this council, which could not be held without the presence of the lieutenant or deputy governor. The municipal officers were all appointed annually by Cortés, who selected those recommended to his friendship or interest. This absolutism caused many complaints from disappointed office-seekers, and resulted in a royal decree which placed with the people the nomination of three candidates for each office of regidor, the governor jointly with two royal officials appointing one of them. The regidores were besides increased to six, and some were appointed by the king in perpetuity.^[24] Cortés objected to this abrogation of authority as tending to overshadow the royal prerogative deposited with the executive; but the opposition did not long endure.^[25] He as well as his companions made strenuous efforts to exclude lawyers, as tending to create confusion, suits, and embroilment generally.^[26] But their services were soon found necessary, and gradually the door opened wider and wider for their admission, one condition being that advocates must promise under oath not to aid a client unless he had justice on his side.^[27]

The promotion of trade and traffic formed another feature of his measures, and foremost stood the consideration of a suitable port. Villa Rica Harbor was incommodious, inconveniently situated, and unsafe, particularly in being exposed to north gales. The port at Pdnuco was too remote, and that at Goazacoalco proved less suitable than had been expected. Search was accordingly continued, and resulted in the selection of a site on Rio de Canoas, afterward known as La Antigua.^[28] The mouth formed a broad bay, sheltered partly by the shore, partly by the sand reefs which formed a lagoon in front of it, and wherein vessels would safely discharge goods into lighters for transportation to the town which lay about a league up the river. To this spot was transferred the Villa Rica of Port Bernal, with its officials and settlers, and henceforth the name of Vera Cruz became the common designation of the town.^[29] Cortes wrote glowingly of its prospects, as only second in rank to the capital, and he proposed a Casa de Contratacion to promote its trade, the roads connecting it with Mexico being improved for traffic. But it found little favor with the settlers, who complained so loudly of its noxious airs, that those not possessing repartimientos near it were permitted to reside at Puebla.^[30] An additional cause for the slow growth of Vera Cruz was the removal of Medellin from the interior to near the mouth of the Jamapa, four leagues south of modern Vera Cruz, where its proximity could not fail to exercise a retarding rivalry. Indeed, the former town was frequently called Medellin.^[31]

Nevertheless Vera Cruz remained the entrepôt for trade, and thence after payment of duty the goods were carried to Mexico, to be announced for sale by public crier. To prevent monopoly, no person was allowed during the first ten days after the arrival of cargoes to buy more goods than were required for personal or domestic use.^[32] The sales took place at the two great markets of the city, one in the Spanish quarter, the other in the native, both of which were subjected to stringent regulations concerning methods of dealing, kind and quality of goods, and prices, all planned with admirable foresight. The manifold products of the soil and sea, of the manufacturer and artist, were displayed in the same profusion as during Montezuma's rule, though varied with novelties of Spanish origin. Even the production of these, however, was fast falling into the hands of native tillers and artisans, who with a keen faculty for imitation watched the operations of Spaniards, and readily supplanted them with their cheaper labor.^[33]

 

Several of the royal cédulas which prompted or modified the preceding ordinances were brought during 1524 by the new revenue officials appointed by the crown, Alonso de Estrada, who came as treasurer, Gonzalo de Salazar, as factor, Rodrigo de Albornoz, contador, and Pedro Almindez Chirinos, veedor. All had acquired a certain knowledge of their duties in various minor departments of public offices in Spain, although they owed their appointment chiefly to the favor of the all-powerful Cobos, secretary to the emperor. This was especially the case with Salazar and Chirinos, the latter more generally alluded to as Peralmindez, a contraction of his first two names.^[34] Both developed a talent for intrigue and unscrupulousness that procured for them an unenviable record in New Spam. Albornoz had held a position as secretary near the king, and possessed excellent observation, but lacked strength of character. Estrada was the more estimable of the four. He had been regidor of Ciudad Real, and one of the royal body-guard. With a claim of being the offspring of the Catholic king was united love of ostentation, which wholly failed to excite admiration in the minds of the somewhat plain and practical colonists, yet his swelling carriage was not inharmonious with the position he later acquired.

The development of the country demanded this increase of officials, and, since Treasurer Alderete had died shortly before, their arrival proved opportune. Cortés vied with the rest in according them a demonstrative welcome, and in propitiating with presents and repartimientos men fresh from the imperial presence, and representing in a great: measure the supreme authority, with perhaps secret instructions to examine and report on the condition and management of the country, as indeed they had.^[35] Their public instructions were sufficiently explicit for them to claim a considerable share of power, involving the right of interfering with many of the gubernatorial measures, particularly those connected with treasures, tributes, and revenue generally.^[36] The first step toward asserting their power was to demand the reimbursement of certain funds appropriated by him from the treasury and expended on necessary expenditures against rebels; and further, to refuse allowing his claims for other larger sums disbursed in promoting the welfare of the country.^[37] These differences were adjusted in a spirit of great moderation on both sides, for Cortés was restrained by fear of the possibly hidden power of the officials, and they by hopes of gifts and grants that might flow from a man so influential as the captaingeneral, and reputed to be immensely rich. The time for pranks over royal prerogatives had passed; what the conquerer desired most of all now was to have high position confirmed to him, so that he and his heirs might therein rest secure. Therefore no rupture took place at this time between him and the king's officials, and when he left for Honduras in the autumn all were in apparent accord. In secret reports, however, the jealousy and enmity ever present in high places appeared, and this coming to his ears, he wrote to the king in his defence. With Estrada, who figured at Mexico in the early spring of 1524,^[38] his intercourse was exceedingly cordial.

This policy of placing one official to watch another was quite in accord with the spirit of the age, and seemed to rulers necessary for the control of officials far removed from the heavy machinery of. home government. In the eyes of Spanish grandees Cortés was but an upstart adventurer with a somewhat soiled record, whose later questionable achievements must be regarded with due caution. Then there were ever at hand those who made it their business to defame that merit in others which they themselves lacked. It was his misfortune to be one of a doubtful horde; and the crown was at a loss whether to treat him as such, or as his services deserved. Its intentions in the main were good, but it lacked the power of omnipotence to enforce them.

For those of lesser pretensions the Spanish authorities entertained benevolent regard, being desirous of rewarding those who had served well; therefore orders were given to assist disabled soldiers with pensions, while others were directed to send in an account of their claims and services, so that they might be compensated.^[39] Meanwhile their repartimientos were confirmed to them, and exemption was granted for several years from a number of taxes, with reductions in others.^[40] The crown was further pleased to assure the colonists that New Spain should never be alienated from Castile.^[41]

 

The most powerful impulse to settlement in Spanish America was undoubtedly the systems of repartimientos and encomiendas,^[42] so equivocally begun by Columbus, and authorized by the sovereign as an encouragement to enterprising and meritorious conquerors and colonists, and as the means of securing the pacification and conversion of the natives, together with a fair amount of tribute for the crown. The system as concocted by the government, and as perverted and abused by the subject, has been fully considered in a previous volume.^[43] The chief blame for the constant evading of the many measures dictated with charitable intentions by the home authorities, must rest with the officials sent out to watch over the observance of the measures. When those highest in power set the example of disobedience, poor adventurers could scarcely be expected to imperil their interests by seeking to stem the current of general corruption. It had been repeatedly ordered that no wars should be waged against the natives until every effort for gentle conquest had been employed. Priests must accompany expeditions to watch over the fulfilment of this righteous decree, to enlighten the natives as to the consequences of obstinacy, to propose favorable terms for traffic, and to protect them from unfair and cruel treatment.^[44] But whether they resisted or submitted, the result was much the same, as we have too often seen. In the former case they were killed or enslaved at once, in the latter the chains of serfdom were slowly and tenderly wrapped round them. In the Antilles, to replenish their fast thinning ranks, regular slave-hunting expeditions had been organized, and to one of these was due the discovery of New Spain, as already related.

The conquest accomplished, the soldiers demanded their repartimientos, the main and almost sole reward for their long toil, now that the expected treasures had dwindled to insignificance. Cortés claims that the superior intelligence of the natives in New Spain created a doubt in his mind whether they could be successfully parcelled out in the same manner as the Islanders. He thought at one time that the royal taxes might be applied toward the demands of the army, but recognized that the crown would expect an increase of revenue rather than a diminution. The clamor on all sides, from royal official to soldier, must be satisfied, and so he yielded. In addition to this pretext to cover the action of controlling men, it was argued that the distribution of the natives was the only means to protect them against indiscriminate pillage and maltreatment, and to reclaim them from abominable pagan vices.^[45] Without real authority for such measures, Cortés could only make them provisional, but in a letter to the sovereign he explained the justice and necessity for confirming the grants. At a later date he even recommended the general partition of the towns of New Spain among the colonists.^[46] The court, however, had just been startled into activity by the outcry of friars and judges over the cruel extermination of the Islanders, and by order of June 26, 1523, repartimientos were forbidden, those already made being revoked.^[47] But the step had not been duly considered, and Cortés with the approval of the royal officials took it upon himself to keep the cédula secret. He frankly explained this course to the sovereign on the ground that its enforcement would have deprived the settlers of means of subsistence, given cause for revolt, and discouraged immigration. The royal revenue would fail, conversion would cease, and the country itself might be lost.^[48]So general were the remonstrances that with the advice of the India Council the prohibition was withdrawn and servitude confirmed.

Even while assured in the possession of their serfs, the conquerors had still grievances enough in connection with the terms, and especially the amount and nature of the distribution. Indeed, with so many claimants, 1t was impossible to satisfy the expectations and caprices of all. The favored few were naturally declared by the dissatisfied many to be less deserving of reward than they. Nor were these accusations altogether unjust, for besides securing to himself large and choice rewards, Cortés gave freely to recently arrived friends, who had taken no part in the conquest, and to others whom policy made it advisable to court.^[49] Leading natives were also propitiated with a share. The conditions of the grant required the holder to pledge himself to an eight years' residence in the country in order to assure the interest both of crown and natives. This was readily evaded by obtaining deputies and leave of absence, while many made use of their grant merely to exchange or sell it.^[50] Further, the holder must build a house at the place of residence, yet abstain from visiting his villages without special permit from the lieutenant of the district, partly on moral grounds, partly to prevent abuses, which might also react to imperil the life of the visitor.^[51] In pursuance of this measure, it was forbidden to take away women, and boys under twelve years, to work on plantations.

In order to bring forth a steady revenue, plantations were to be established near the villages and towns, and cultivated by the Indians of the repartimiento. These were to be summoned in squads, each for a period not exceeding twenty days,^[52] their departure and return being noted by the lieutenant of the district. The working hours were from sunrise till one hour before sunset, with an hour at noon for rest. Dismissed men could not be summoned again within thirty days. While employed they must be given necessary food, and every year merchandise to the munificent amount of half a peso de oro.^[53] In return for the service thus obtained, the encomendero must promote the conversion and civilization of his people, first by placing the sons of the caciques, or representative men in his district, in charge of friars or curates to be educated. This step was promoted by the sovereign himself in offering to provide for the education of a certain number in Spain, though little came of it.^[54] Second, by erecting a church 1m the towns, and arranging for religious instruction, besides destroying idols and repressing pagan rites. The labor squads should receive special training, and Le made to join every morning in prayers accompanied by an admonition.^[55]

Encomienda Indians could not be taken to work in the mines, or to places very remote from their villages. For such purposes slaves were employed, consisting of those who had been originally so held by the natives, or who had been condemned to slavery for rebellion.^[56] We have seen how large were the numbers captured and branded after the reduction of every obstinate province and city; quarrels being frequently forced upon the natives by greedy captains in order to obtain an excuse for increasing the number of slaves. Even this was not enough, however, and either under pretence of purchase or intimidation the caciques were made to surrender the slaves held by them. Frequently the chiefs did not possess either sufficient slaves or treasures to appease the demand made, and to save themselves from persecution they gave into bondage free subjects. Others were entrapped into borrowing, or to the commission of petty offences, and held as slaves in expiation. They were not only branded, but treated with far greater severity than under their ancient laws,^[57] and even exported to the islands to perish miserably under hardships and climatic ravages. Motolinia alludes to the inhuman treatment of slaves in the mines, and the consequent mortality, as the sixth plague of Mexico, and he joins in the representations made to the king against the abuse of Indians, particularly the removal from their native districts. To present this the more forcibly it was pointed out that by depriving the chiefs of too many slaves they would be made unable to pay the required tribute.

The main representations came from the council of friars and officials held at Mexico in September 1526, in accordance with the instructions brought by Ponce de Leon, and among the remedies proposed were the appointment of inspectors to watch over the strict observance of the laws protecting Indians, and the grant of encomiendas im perpetuity to meritorious men, who should be held responsible for the good treatment of their vassals. By thus assuring the possession of the grant, the holder would feel an interest to preserve the health and lives of those belonging to him.^[58] For this reason also the tenure of towns and lands by the crown was not advisable, since the population either neglected to produce tributable effects, or were despoiled and oppressed by different officials.^[59] The result was a series of decrees, ordering that illegally enslaved beings should be released, that enslavement must be effected only before royal officials, and so forth, all admirable in tone, and commended to the clergy for enforcement; but the mere permission to enslave rebellious natives opened the door to many and great abuses, and the royal officials were ready enough to lead the way.^[60] As for tenure of encomiendas, they were confirmed to the holder for life, subject to good conduct, and though reverting to the crown upon his death, they were generally given to his descendants, in part at least.^[61] Others were by special decrees conferred in perpetuity on certain prominent families, including several native princely houses.^[62] For the crown were set aside the ports, the leading towns, or capitals of districts, and other select tracts.^[63]

 

For a long time the encomenderos stood between the crown and the natives as subordinate tribute collectors. The first revenue obtained from New Spain had been the fifth of presents, of extorted treasures, and of slaves.^[64] Even before the death of Montezuma, Cortés had compelled the captive emperor to surrender his tribute-rolls for the guidance of Spanish collectors, who after the fall of Mexico went forth again to complete their task. The rolls contained the names of three hundred and seventy tributable towns, with the amount and kind of taxes to be paid, usually one third of everything made and produced, and in due proportion where service was exacted. The collection too! place at different intervals for different towns, though generally once every eighty days.^[65]

The Spanish collectors took advantage of this to guide them in their search for treasures, fabrics, and other valuable effects, one following another in quick succession to extort all that could be obtained, by menace, assumed patronage, and barefaced robbery. Then the encomenderos stepped in and took what they could from what was left, watching in their respective tracts over the steady production of raw and manufactured material, which must thenceforth be the main reliance.^[66] During the first years the caciques aided both encomenderos and collectors, in receiving the tribute in service and produce; but the pressure to which they were subjected tended to impoverish them, partly because their vassals grew less submissive, and so they gradually yielded the position to unscrupulous strangers. So great was the extortion practised that Motolinia calls it the fifth plague.^[67] As usual cédulas appeared to repress the evil, but it was not until the development and reorganization of the treasury department that any improvement took place, with such measures as the abolishing of personal service, and the assessing of tribute solely by officials, supervised by inspectors and the clergy.^[68]

 

 

1. For prices, see Gomara, Hist. Mex., 243; Probanza de Lejalde, in Icazbalceta, Col. Doc., ii. 121.
2. The penalties were fines for the first two omissions, and loss of repartimientos for the third, or loss of office for failure to hold inspection. Town-criers were to proclaim the date for review eight to ten days in advance. In later times only one annual inspection was held, on St John's day, from which may be due the custom of dressing boys as soldiers on that anniversary, and distributing military toys. Alaman, Disert., i. 178.
3. Even in Spain, Herrera, dec. iv. lib. iv. cap. iv. Previous to this the municipality of Mexico found it necessary for public peace to restrict the weapon ordinance within the city. In May 1525 the weapons were thus reduced to a dagger and a sword, a horseman having also a lance, carried by a page. In February 1527 the lance was restricted to the alcalde and officers of justice, Libro de Cabildo, MS., May 23, 1525, February 15, 1527.
4. This is the account of Tapia, Relacion, in Icazbalceta, Col. Doc., ii. 593, who adds that wheat was soon produced in great abundance, and the very best quality was sold in 1539 at one real the fanega. Although Cortés received wheat from other parts, it was damaged by the sea-voyage, and the actual introduction of this cereal was thus accidental. Gonzalez Dávila, Teatro Ecles., i. 8, says that the first grain of wheat that sprung up was sown by a servant of Cortés, and produced 400 fold. 'Juan Garrido, criado de Hernando Cortés sembré en un huerto tres granos de trigo; perdiose el uno, y los dos dieron más de quatrocientos granos' . . . 'de lo q es de regadio se coge en mayor abundancia; porque un grano produce docientos y mas.'
5. By royal order of June 1523, the Casa de Contratacion of Seville was directed to promote the emigration of artisans and farm laborers, and ordered to send Cortés, in convenient seasons, quantities of plants, trees, and seeds. Herrera, dec. iii. lib. v. cap. iii.
6. Decree of November 24, 1525. Mex. Exctractos de Cédulas, MS., 9, 10. Oviedo, iii. 471-3, waxes indignant with Cortés for his sharp expostulations, as ungrateful to a country which had fostered both him and his colony.
7. Dovalle, Inform., in Pacheco and Cárdenas, Col. Doc., i. 375-438, passim. Abuses of New Spain settlers against the Islanders are also complained of. Id., xiv. 43.
8. He refers to Matlaltzinco as his stock-raising place; round Coyuhuacan were several farms, and at Rinconada de Izcalpau, sugar plantations. Memorial, in Id., xii. 279. His plantations grew more numerous in time, and mulberry-trees were planted at Yauhtepec, Tetecla, and other places; at Matalango were cattle stations, at Tlaltizapan horses were bred, and sugar mills rose at Quauhnahuac and Coyuhuacan.
9. En esta ocasion fue quando dixo un Indio anciano, burlando de la inuencio: Que hazia holgazanes á los hombres, y muy iguales; pues no se sabia quien era Señor, ó criado. Y añadia: que los ignorantes nacieron para seruir, y los sabios para mandar, y holgar.' Gonzalez Davila, Teatro Ecles., 1. 8. The first time mills are mentioned in the Libro de Cabildo is on Feb. 4, 1525, when to Rodrigo de Paz, as representant of Cortés, land was granted to erect mills on the rivers of Tacubaya, Tacuba, and Cuyoacan. The next land grant made to the same effect was to Diego Ramirez on Dec. 15, 1525, when he was allowed to build a mill near Chapultepec. Afterward the number increased, judgiug from the different grauts of laud made later for the same purpose. Libro de Cabildo, MS., Feb. 7, 1525, Dec. 15, 1525.
10. 'Eutren en ella antes que se comienze el Evangelio, y estén en ella hasta quel Padre diga Ite Misa est y heche la bendicion; so pena de medio peso de oro.' The settlers must be present in their towns at least during Christmas, Easter, and Pentecost; a deputy will answer for other times. Ordenanza, in Pacheco and Cárdenas, Col. Doc., xxvi. 179-83.
11. It was among the charges flung at Cortés that he not only enjoyed games himself, but stooped to share in the illicit profits of those who dealt in them unfairly; that he would punish gambling everywhere but in his own house; where tables were always ready, with servants in attendance to furnish cards and collect fees for their use. Several deposed to this effect, but chiefly of those who had been mulcted heavily for violations of the gambling law. Cortés, Residencia, i. 51, and passim.
12. Yet the language could not be more positive, nor the penalties more severe. They were renewed with every change of officials. A cédula of April 5, 1528, had forbidden all play at dice, and permitted only cards and other games with stakes to the amount of 10 pesos de oro, once within 24 hours. Ponce de Leon failed to execute royal orders in this respect, and they were repeated to the audiencia on July 12, 1530. Puga, Cedulario, 23-4, 42-3. Both having failed, a later cédula reprimands the audiencia and enjoins compliance to the letter. Id., 70-1. Yet by order of November 5, 1529, that body is directed to withdraw all actions for gambling offences which had been commenced prior to its institution, but to be vigilant against new offenders. An order of March 1530 especially directs it to stop all proceedings against Cortés; these proceedings had been followed by an excessive attachment against his property in the sum of 120,000 pesos de oro. There is some coloring for the charge that gaming was tolerated in the executive mansion, since a resolution of the cabildo on January 27, 1525, specifically forbids gaming in the atarazanas and in the palace, and directs the levying of prescribed fines in case of violation. Libro de Cabildo, MS., Feb. 1, 1525.
13. Id., June 21, 1527.
14. Panes argues for 1529, Monumentos Domin. Esp., MS., 69, but fights were held already in June 1526, Vetancurt, Trat. Mex., 6, and perhaps earlier.
15. Por ser enoblecimiento de la Ciudad.' A license of 40 pesos was paid. Libro de Cabildo, MS., October 30, 1520.
16. Puga, Cedulario, 23,42; Herrera, dec. iii. lib. v. cap. ii., dec. iv. lib. vi. cap. iv. Cortés demanded in 1529 a reënforcement of the laws, which was done with effect, to judge from Salmeron's letter of March 153]. 'There are now but few if any to make silk garments, or to buy those already made; the resources of the people have become small. The members of the audiencia wear only cloth so as to promote the dress reform.' Carta, in Pacheco and Cárdenas, Col. Doc., xiii. 202-3. Cortés also set an example by replacing his adorned velvet cap with one of plain cloth.
17. Porque conviene ansí para salud de sus conciencias . . . como para la poblacion e noblecimiento destas partes.' Ordenanzas, in Id., xxvi. 146-7.
18. Application to Friar Juan de Tecto or Alonso de Estrada, the treasurer, would insure all necessary assistance to bring out wives or unmarried daughters, on giving bonds. Gomara, Hist. Mex., 236. These curiously ordained marriages proved fortunate in many cases, and had for issue some of the illustrious of the land. The commander, Lionel de Cervantes, who came with seven unmarried daughters had each of them well married, His daughter Beatrice, united to Francisco de Velasco, became noted for her interest in the Franciscans, and contributed largely to the building of their convent church and hospital. Memoria, in Prov. Sto Evang., MS., 228-31. In Puga, Cedulario, 179-80, 205-6, are decrees dated as late as 1559, ordering observance of the regulation.
19. Modern writers consider that he should have directed his efforts more toward a union of the two races, and thus more speedily have won over the natives, as instanced by the influence acquired by himself through Marina, and by others in a similar way. But it was not so easy for the aspiring Castilian thus to reconcile himself to a perpetuation of an honored name by mere half-breeds.
20. See Hist. Mex., i. 48-52.
21. So Bernal Diaz intimates. 'Y quando Cortes lo supo dixeron que le auia pesado mucho de su venida.' Hist. Verdad., 166.
22. 'Fiestas de todos Santos.' Acusacion, in Pacheco and Cárdenas, Col. Doc., xxvi. 347.
23. The trial was held at Mexico in February and March 1529, the criminating circumstances alleged being, the mystery and suddenness of the death; strangulation marks round the neck; the order to the brother not to leave his house; the enveloping of the head of the deceased in a veil, and opposition to any scrutiny of the body; the refusal to impart any information about the death to the alcalde mayor and others; the desire of Cortés to be rid of his wife in order to marry a lady of rank, a niece of the bishop of Bargos. Several of these points were affirmed by biassed witnesses, but not in any very credible manner; while the wife of Alonso de Ávila, and others who had seen the corpse, denied the knowledge of criminating signs. No sentence was passed, and the affair was allowed to lapse into oblivion, the mother making no allusion to it during a later suit for her daughter's share in the property acquired during matrimony. The judges were the hostile Guzman and his two fellow-members of the first audiencia. Francisco Muñoz Maldonado represented Cortés. For account of the trial, see Acusacion, in Id., xxvi. 298 et seq.; Cortés, Residencia, 1. 161, ii. 358, 370, 372, etc.; Alaman, Disert., i. 30, etc. 'Murio de asma,' says Bernal Diaz, Hist. Verdad., 166; but the death was too sudden for that. Peralta, a descendant of Suarez, attributes the charge to malice, and maintains that she died a natural death, in a manner similar to that of her two sisters. 'Y no tuvo culpa el marqués, y dió satisfaçion dello con el sentimiento que hizo, porque la queria muy en estremo.' He erroneously styles Catalina 'Marquesa.' Not. Hist., 133-4. It is added that two sisters of Catalina lived many years in Mexico. One was married to a prominent man, Andrés de Barrios, and her three daughters became by marriage related to some of the oldest and noblest houses of Castile. Of a third sister, who died unmarried, nothing is said.
24. Pacheco and Cárdenas, Col. Doc., xxiii. 364, xxvi. 184, etc.;Mex., Extractos de Cédulas, MS., 2, 3; Cortés, Residencia, 1. 89 et seq., ii. 172 et seq. The jurisdiction of the municipality had at first been limited to 3,000 maravedís, but the sovereign extended the limit to 100 pesos de oro, and authorized the governor and his lieutenant, or jueces de residencia, to decide in cases not exceeding 1,000 pesos de oro. From these authorities the appeals went to the audiencia and the India council. Herrera, dec. iii. lib. v. cap. i. iii. The small limit was placed by decree of December 24, 1523, hence the extension belongs to a later date, say 1525 or 1526. Mex., Exctractos de Cédulas, MS., 4, 5. See also Hist. Cent. Am., i. 297, 330, this series.
25. Cartas, 333-4.
26. Oviedo terms them a pest, and Pizarro y Orellana commends Cortés highly for excluding Moors, Jews, and lawyers, calling him 'estotro Sabio de Grecia.' Varones Ilvstres, 103-7.
27. 'Jurasen que si sus partes no tenian justicia, no les acudirian, ni pedirian terminos a fin de dilatar.' Herrera, dec. iv. lib. iii. cap. ix. Under the rule of Salazar, in 1525, the existing restrictions against lawyers were disregarded, and Alonso Perez was made the jurisconsult of the cabildo, with a salary of 160 pesos de oro. Aguilar, in August 1526, enforced the restrictions, with fines and loss of patent for first and second contravention, and confiscation and exile in the third instance. Libro de Cabildo, MS., August 4, 1525, August 18, 1526, May 17, 1527. By request of the city the prohibitory law was revoked by cédula of August 2, 1527. Mex., Extractos de Cédulas, MS., 6.
28. So named from the situation there of old Vera Cruz. San Juan de Ulua lay about three leagues to the south. Few old geographers pay attention to the change of site undergone by the city, placing it close to Isla de Sacrificios and generally to the south of it. In Munich Atlas, x. 1571, however, we find Ro de säs Joao; llaueracrus; villa riqua; Hood, 1592, writes, R. de Medelin, S. Son delua, Laueracruz; Sen Jual; Villa Rica. Cartog. Pac. Coast, MS., i. 530.
29. See Albornoz, Carta, in Icazbalceta, Col. Doc., i. 495; Allegre, Hist. Comp. Jesus, i. 149; Herrera, dec. iii. lib. iv. cap. viii.; and Cortés, Cartas, 312-13, all speaking of the site and removal.
30. 'Porque es sepultura de españoles y no se crian niños en ella.' It was proposed to move the town to a healthier site a league and a half below the mouth, but property holders objected. Lettre, in Ternaux-Compans, Voy., ser. ii. tom. v. 213. In 1531 most of the houses were stdl of straw, and fires were frequent, one in that year causing the loss of 15,000 ducats. Salmeron, Carta, in Pacheco and Cárdenas, Col. Doc., xiii. 198. By law of July 12, 1530, the royal officials must alternate in residing there, one at a time. Aided by the local authorities they must make the valuation of goods. Fonseca, Hist. Hacienda, v. 10. Several orders for the selection of sites, the construction of defences, and other measures for towns, are given in Pacheco and Cárdenas, Col. Doc., xxiii. 362-5; Zamora, Bib. Leg. Ult., iii. 30.
31. Cortés leaves the impression that Medellin was moved to Vera Cruz, Cartas, 313; but the statements of Albornoz and later developments show the contrary. Jamapa appears to have been called also Rio Chalchiuhcuecan. Oviedo, iii. 427. Hood, 1592, writes on his map R. de Medelin; Ogilby, 1671, has R. Medelin.
32. Five days was the limit for provisions, and 10 for other effects, after which traders could buy freely. Libro de Cabildo, MS., November 4, 1524. An early regulation had prohibited traders from buying goods till 30 days after their arrival on the market.
33. For all goods a schedule of market prices was established. The method in the important matter of meat was novel. The rate was determined by public competition. Breeders and drovers had from New-Year's day to Ash-Wednesday within which to make tenders, and at the end of that time the lowest responsible bidder was assigned the contract. Owners of cattle were allowed three months within which to slaughter and dispose of their meats; during the rest of the year the city was supplied by the meat contractor exclusively at the stipulated rate and under vigilant scrutiny as to weight and quality. The slaughtering of cattle within the city limits was strictly forbidden; the disgusting scenes of shamble life that long disgraced England and other portions of the Old World were unknown. Public slaughter-houses, under surveillance of an inspector, were established on the outskirts, anticipating the abattoir of France. Particular directions were given for the breeding of all kinds of live-stock; protection and amenability were secured by having all cattle duly branded and the distinctive marks of ownership properly registered with the city notary. Fish-mongers were the most important tradesmen. The sale of fish, vegetables, and perishable provisions was made the subject of many and particular sanitary laws regulating time, place, price, and quality. Cleanliness was made to be regarded as a cardinal virtue. Bread could be offered for sale only in the markets, Ill-baked bread was subject to seizure and the vendor to fine. The weight of the loaves was fixed and the scale of prices arranged from time to time by the fiel. The duties of the fiel were those of a market superintendent. He was to inspect the condition of all victuals exposed for sale, and to try weights and gauge measures used in sales. Jointly with a regidor he was to determine prices of goods before they were offered for sale. Scales and weights had to be examined every four months. An assayer wag appointed to test the alloy of gold, particularly the uncoined bullion used in lieu of money. Libro de Cubildo, MS., July 29, 1524, January 13, May 16, 1525. Prices of labor were also regulated to some extent, Jd., December 23, 1527, and the charges at inns. See Pacheco and Cárdenas, Col. Doc., xxvi. 170-7, etc., and Cortés, Escritos Sueltos, 29 et seq., in both of which all these admirable ordinances are given, as issued in 1524 and following years.
34. Oveido, iii. 467, gives his birthplace as Ubeda, and that of Albornoz as Madrigal. Gomara, Hist. Mex., 242. Bernal Diaz differs, and writes Ubeda or Baeza, and Paladinas or la Gama, respectively. Hist. Verdad., 188.
35. This is shown by the reports which began to pour in from them. Salazar on a later occasion even vaunted that he had been empowered to arrest and sentence Cortés, should indications of disloyalty appear. Of this more will be said in a later page.
36. They brought special orders to collect the almojarifazgo tax of 71/2 per cent on imports. Fonseca, Hist. Hacienda, v. 7, 8.
37. 'Pues auia hecho las armadas para sus malos fines.' Herrera, dec. iii. lib. v. cap. xiv.; Zumárraga, Carta, in Ramirez, Doc., MS., 273-4. Albornoz estimated the sum due by Cortés at 72,000 castellanos. Carta, in Pacheco and Cárdenas, Col. Doc., xiii. 72-3. Cortés admits 60,000 and odd castellanos, Cartas, 365.
38. See allusion to him in March. Cortés, Escritos Sueltos, 37. Salazar arrived in the autumn. Cortés, Cartas, 318,
39. Ordenanza, in Pacheco and Cárdenas, Col. Doc., xxvi. 147-8. The repartition of spoils so far made among them was not yet confirmed, however, owing to the doubts cast upon it. Mex., Extractos de Cédulas, MS., 1.
40. During the first two years they were to pay the crown but one tenth of the gold obtained by mining; the next year one ninth, and so forth till the regulation fifth was reached. Herrera, dec. iii. lib. v. cap. iii.; lib. viii. cap. xiv. This was revoked, and in 1526 the municipality of Mexico petitioned for a fresh exemption in order to encourage mining. Libro de Cabildo, MS., November 10, 1526. For six years exemption was granted from all taxes on victuals and provisions produced in New Spain, and all persons importing provisions and goods for their own account were exempted from almojarifazgo, or other royal duties. For eight years the settlers were free of alcabala and other taxes on internal trade. In 1530 the almojarifazgo exemption was extended for five years to immigrants from Spain. Mex., Extractos de Cédulas, MS., 11. Traders paid 71/2 per cent, a figure which varied greatly in course of time. Fines and similar dues were given to the towns for ten years to assist them in constructing roads. Fonseca, Hist. Hacienda, iii. 458. A revocation of this gift was protested against. Libro de Cabildo, MS., August 31, 1526.
41. Reaffirmed in cédula of March 12, 1524. Id., 4.
42. Leon defines the relative meaning of these words, as understood by the colonists. Repartimiento implies the first distribution of natives among the conquerors; encomienda, the second grantor redistribution thereof, on death or removal of first holder. In New Spain the former term was retained to designate the weekly repartition of natives to work in field or mines. Trat. Encomiendas, 4, 5. The book is an important compilation of laws relating to encomiendas, made by a relator of the Council of the Indies, Madrid, 1630.
43. Hist. Cent. Am., i. 262-6, this series.
44. These different laws addressed partly to Cortés with renewed injunctions, partly to governors in the Indies generally, may be consulted in Recop. de Indias, i. 564-70 et seq.; Zamora, Bib. Leg. Ult., iii. 21-31; Pacheco and Cárdenas, Col. Doc., xxiii. 353-62; Col. Doc. Inéd., 1. 117-18; Montemayor, Sumarios, i. et seq.; and in preceding volumes of this series.
45. Cortés, Cartas, 271; Gomara, Hist. Mex., 329. Zumárraga declares the royal treasurer Alderete to have been the chief instigator for a distribution. Carta, in Ramirez, Doc., MS., 272-3. Motolinia praises Cortés' conduct with regard to the natives. Carta, in Icazbalceta, Col. Doc., i. 253-77.
46. 'Vuestra Magestad deve repartir estos pueblos por los españoles . . . y que los tienen por cosa propia.' Memorial, in Pacheco and Cárdenas, Col. Doc., xii. 280.
47. Órden, in Id., xxiii. 357-8.
48. 'Mas que lo que hasta ahora se sabe del mundo.' Cartas, 328.
49. In Cortés, Residencia, i. 48, 61-2, 259-62, etc., the complaints axe freely ventilated; even Zumárraga is blunt about it, while Gomara naturally defends his patron's course against insatiable malcontents. Bernal Diaz considers that the country should have been divided into five parts: the best for the crown; the next for the church, for benevolent purposes, and for special rewards, the remainder to be distributed among the conquerors, including Cortés, according to their standing. Hist. Verdad., 187-8.
50. Whole villages were sold for a paltry 509 to 1,000 pesos. Peralta, Not. Hist., 128. By cédula of March 20, 1532, holders were obliged to obtain royal permit for absence, or forfeit their grant; and by another cédula of the 16th exchanges and partnerships were declared void. Puga, Cedulario, 10, 11, 79. The marriage regulation could not well be enforced among these loose adventurers, and this evoked strong representations from such officials as Albornoz and President Fucneal(?), Carta, in Pacheco and Cárdenas, Col. Doc., xiii. 75-6, 226-7.
51. Travellers often disappeared as Camargo affirms, Hist. Tlax., 181; sad it was found necessary to make the caciques responsible for their safety. Their hospitalities were generally free, although in royal orders relating to the protection of native women, and abuses, even native governors were at last enjoined to take nothing from natives without payment. Montemayor, Sumarios, 163. This law was also directed against vagrants.
52. The later rule was to apportion 10 Indians for every 100 during 20 weeks of the year, and two per cent for the remaining weeks. These squads were called respectively dobla and sencilla, terms corresponding to two coins. Leon, Trat. Encomiendas, 5.
53. Laborers would hardly need more than a loin-cloth for ordinary days, and but little for gala days, so that the amount is after all not so ridiculous.
54. The offer was made by letter of November 9, 1526, prompted perhaps by Albornoz' suggestion to impress leading natives with the grandeur of Spain. Several children died, and the parents objected to sending them so far, and thus the project failed. Puga, Cedulario, 19, 21; Mendieta, Hist. Ecles., 482; Albornoz, Carta, in Pacheco and Cárdenas, Col. Doc., xiii. 72.
55. Every 2,000 Indians should have a priest, where obtainable, otherwise several villages must be grouped under one minister. Of course, the regulation was disregarded like most others, and at the petition of friars an order was issued in 1536 to enforce it. Puga, Cedulario, 112. The regulations as issued by Cortés at Mexico, March 20, 1524, are to be found in Pacheco and Cárdenas, Col. Doc., xxvi. 135 et seq., and in Cortés, Escritos Sueltos, 27 et seq. The form of certificate issued to holders may be studied in the following specimen: 'By these presents are deposited with you, Pedro Martin Aguado, a vecino of the villa de Sant Estéban del Puerto, the lord and natives of the towns of Tautoguene, Granchimar, and Tantucci, that Francisco Ramirez visited, to the end that you may avail yourself of their services, and they may help you in your estates and business, agreeably to the ordinances now provided or hereafter to be enacted upon the subject, with the obligation of giving them instruction upon the teachings of our holy Catholic faith, using therefor all possible and necessary vigilance and solicitude. Done at this villa de Santistéban on the 1st of May, 1523. Hernando Cortés. By order of his Worship, Alonso de Villanueva.' Pacheco and Cárdenas, Col. Doc., vii. 308.
56. Certain villages, originally belonging to rebellious provinces probably, and partly to mining regions, had besides to furnish four Indians in every hundred for mining. Leon, Trat. Encomiendas, 5.
57. See Native Races, ii. 217-22, etc., on condition, classes, and treatment. Also Las Casas, El Indio Esclavo, 25. Yet Cortés writes that the most effective menace toward an Indian was to intimate that he should be restored. to previous servitude under native masters. 'Y esto temen mas que otra ninguna amenaza ni castigo.' 'Esclavos cognosci yo en casa de deudos mios herrados en la cara con letras que decian el nombre de quien los habia vendido." Duran, Hist. Ind., MS., ii. 520-1. Motolinia speaks of the brand called 'rescate de S. M.,' which came with the royal officials in 1524, it seems. Carta, in Icazbalceta, Col. Doc., i. 274. The abuse was fostered partly by the royal permission given in early years to enslave rebels, and to buy those already enslaved, as Albornoz points out. Carta, in Pacheco and Cárdenas, Col. Doc., xiii. 55-6; Puga, Cedulario, 16.
58. It was urged that Indians should not be taken beyond a distance of three to four leagues from their homes; enslaving should be limited; agriculturists might be introduced and given a number of natives to train in their branch. Letters and Memorials, in Icazbalceta, Col. Doc., ii. 155-7, 202-3; 543-51; Pacheco and Cárdenas, Col. Doc., xii. 124-5, 284-5; xii. 56-8, 65-7; Motolinia, Hist. Ind., 18.
59. Cortés explains to the sovereign that on perceiving this deterioration he gave certain towns in repartimientos, to the immediate increase in revenue, and he therefore recommended the transfer of others. Cartas, 331-2. This is confirmed by Zumárraga's report. Ramirez, Doc., MS., 273. Tlascala had to remain under the crown, but officials watched over the produce yield. Ixtlilxochitl claims that Tezcuco declined under its condition as crown property, while low-born collectors abused the impoverished lord and nobles. Rel., 391.
60. Indians were intimidated to submit to what was called just enslavement, or voluntary service in mines, and thus the laws of 1526 and 1528 were nullified. Soon after enslavement in war was forbidden, and finally slavery was abolished, only to rise again under the term of peonage. For cédulas see Puga, Cedulario, 16, 17, 21; Col. Doc. Inéd., i. 111-19; Recop. de Indias, i. passim; Zamora, Bib. Leg. Ult., iii. 30 et seq.; Torquemada, iii. 254-5; Quiroga, in Pacheco and Cárdenas, Col. Doc., xiii. 425. In 1537 Tlascala decreed the liberation of all her slaves, an example commended by the viceroy. Id., ii. 202.
61. This inheritance was confirmed by cédula of June 16, 1535, Puga, Cedulario, 108; and opened the way for new abuses, hasty marriages being formed to retain the grants, as Mendoza complains. Carta, in Florida, Col. Doc., 126.
62. Such as Pedro de Montezuma, whose heirs, the dukes of Atlixco, enjoyed in 1699 an immense income chiefly from encomiendas bought back by the government. See Hist. Mex., i. 460, this series, and Fonseca, Hist. Hacienda, i. 426. Encomiendas were gradually absorbed by the crown, either by reversion or purchase, and the natives became nominally free, a condition for which they grew more fitted as the new civilization, with its arts and industries, spread among them.
63. Zamora, Bib. Leg. Ult., vi. 81. With this order Cortés had already complied, though he failed not to remonstrate against crown tenure, suggesting that at least different measures from those prevailing should be adopted for administering them.
64. The regulations for exacting the fifth have been treated of in Hist. Cent. Am., i. this series. See also Zamora, Bib. Leg. Ult., v. 272-82; Recop. de Indias, ii. 480 et seq.
65. See Native Races, ii. 231 et seq., fora full description of the ancient system of taxation. In Cortés, Hist. N. Esp., are a number of reproduced rent-roll paintings.
66. Cortés points out that the exaction of produce tribute could not be effected with advantage save through encomenderos. Cartas, 330-1.
67. 'Los trataban bestialmente, y los estimaban en menos que á bestias.' Hist. Ind., i. 18. Other friars also raised their voice in representations to the court, Icazbalceta, Col. Doc., ii. 549, as did Zurita in his able report, wherein he also shows how native rulers were abused or deposed by the encomenderos when greed demanded better collectors. Pacheco and Cárdenas, Col. Doc., ii. 33-5, 1083-4. Nor did the disappointed longers for a share in the plunder fail to join in the cry, accusing Cortés above all as one who had assumed for himself the best and most numerous provinces, with some 200 rent-rolls, and several millions in treasure. Cortés, Residencia, 1. 27-8, 68-9 et seq. The tribute embezzled by him from Tezcuco alone was estimated at 60,000 castellanos, and yet the crown received during the first three years after the fall of Mexico only about 150,000 in fifths, besides some costly presents.
68. For the different branches and their routine, see Recop. de Indias, ii. 385 et seq.; Fonseca, Hist. Hacienda, v. 13, etc. Though needing means, the crown was quite moderate in its demands, which 'should never be allowed to exceed those of the pagan rulers, lest the change to Christian ruling compare unfavorably with previous condition.' In Mendoza's time, accordingly, the tax was reduced to the small sum of 32 reales de plata for each Indian, or 'ocho tostones' as Fonseca puts it. Id., i. 413-14. In 1571 the tribute was fixed at 71/2 reals of regular money and one fanega of maize for married taxpayers; one real extra for widowers; and half of what they paid for unmarried of both sexes. The laws in the Recopilacion, ii. 225 et seq., ordain that subdued Indians collected in towns pay only half their original tribute for the first two years; if unconverted, the doctrina share is to be set aside for providing ministers and hospitals. A later decree of 1607 exempted for ten years from tax and service those who voluntarily submitted to sovereign and church, Those not residing within such exempt district, or subject to encomenderos, must pay. Tax levy begins with the unmarried man after the eighteenth year. Caciques and their eldest sons are exempt; also women and alcaldes. No tax must be collected save that declared by the official assessor. Only two to three staple articles should be collected in one town. Laborers should not be taken away from their towns to work in plantations. The encomendero must take away tribute from the towns to his residence at his own cost, and levy none in case the crops fail. Personal service was abolished by law of 1549, which had to be reënforced by later cédulas, ordering produce or money to be paid instead, and so forth. See also Zamora, vi. passim; Fonseca, Hist. Hacienda, i. 416, etc. Authorities, of greater or less value, consulted in addition to those cited in preceding chapters: Col. Doc. Inéd., i. 99-100; Puga, Cedularto, 7-71; Squire's MS., ii. 59-62; Oviedo, iii. 436, 465-77; Ternaux-Compans, Voy., ser. ii. tom. v. 5, 6, 80-5, 212-41, 276-93; Pacheco and Cárdenas, Col. Doc., ii, 224-5; iv. 567-71; v. 556-61; vi. 170-82, 276-7, 294; vii. 290-338; xii. 213-15, 277-97; xiii. 53-82, 104-8, 132-72; xiv. 43; xxiii. 353-68; xxvi. 5-29, 135-84, 298-351; Torquemada, iii. 253-7; Icazbalceta, Col. Doc., i. pp. xlix. — liv., 470-510; ii. 4-24, 545-53, 592-3; Chimalpain, Hist. Cong., i. 295; ii. 91-113; Cortés, Escritos Sueltos, 26-101, 169-74; Libro de Cabildo, MS., passim; Motolinia, Hist. Ind., 18-19; Recop. de Indias, tom. ii. 39-45, 268-9; Cortés, Hist. N. Esp., 370-99; Ramirez, Proceso, 6-25, 73-6, 179-84; Las Casas, Regio. Ind. Devastat., 25 et seq.; Salazar y Olarte, Cong. Amex., 19-21; Prescott's Mex., iii. 259-65, 327-8; Alaman, Disert., i. 142-6, 171-91, 255-6, app. 105-43; ii. 30, 63-78, 178-80, 309-17; Mex. Extractos de Cédulas, MS., 2-6; Ramirez, Doc., MS., 272-4; Remesal, Hist. Chyapa, 44-6: Monumentos Domin. Esp., MS., 58, pt. v. 5, 6; Archivo, Mex. Doc., i. 19, passim, ii. 31 et seq.; Panes, Extencion V. Cruz, MS., i; Rivera, Gob. Mez., i. 16-17; Vetancurt, Trat. Mex., 6; Mendieta, Hist. Ecles., 519-29; Rivera, Hist. Jalapa, i. 41-57; Pizarro y Orellana, Vovones Ilustres, 103-6, 122-3; Gonzalez Davila, Teatro Ecles., i. 10; Duran, Hist. Ind., MS., ti. 520-1; Portilla, Esp. en Mex., 50, passim; Brasseur de Bourbourg, Hist Nat. Civ. iv., 574-93, 727-56, 805-35; Rivera, Mex. en 1842, 17-26, Ixililxochitl, Relaciones, in Kingsborough's Mex. Antiq., ix. 427-47; Robertson's List. Am., ii. 133-41; Monglave, Résumé, 133-8; Helps' Cortés, ii. 135-52; Id., Span. Cong., iii, 3-29; Castillo, Dicc. Hist., 290-1; Cavo, Tres Siglos, i. 7-29, 80-8; Carriedo, Estud. Hist., 122; Miller, Reisen in Mex., iii. 178-9; Lerdo de Tejada, Apunt. Hist., 112-41; Anquetil, Univ. Hist., ix. 505-8; Camargo, Hist. Tlax., 181; Mex. Mem. Agric., 1843, 10-11; Aa, Naaukeurige Versameling, 215-53, 323-30, 396-418; Bustamante, Cuad. Hist. iv. 62-5, 88; Fleury, Hist. Decouv., 183-5; Fossey, Mexique, 136-8; Jalisco, Mem. Hist., 38, 85-7; Chaves, Resp., MS., 1-19; Laharpe, Abrégé, x. 74-6; Zamacois, Hist. Mex., iv. 82 et seq.; Abbot's Mex. and U.S., 27-8; Id., Cortés, 281-303; Tornel y Mendivil, Aparicion, ii. 183-95; Wappäus, Mex. und C. Am., 59; Mayer's Mex. Aztec., i. 84-6; Chevalier, Mexique, 251-6; Escosura, Conjuracion, i. p. xiii; Zerecero, Mem. Rev. Mex., 448-9: Russell's Hist. Am., i. 249-58; Museo Mex., ii. 268-71, 352-5; Armin. Alte Mex., 339, 346-8; Frost's Pic. Hist. Mex., 122-3; Pap. Var., cl pt. xxxiv. 8; cliii. pt. viii. 25-9, 46-50; Salmon's Mod. Hist., iii, 194-6; S. Am and Mexico, i. 43-4; Kewen, Nic. and Walker, MS., 3, 4; Montemayor, Sumarios, 191; Soc. Mex, Geog., Boletin, v. 326-32; Mora, Rev. Mex., iii. 178-80; Dubois, Mexique, 85-7; Martinez, Hist. Rev. Mex., i. 13-17; Peralta, Not. Hist., 53-66, 128-34, 256, 315-40.