683 / 1070
BooK
III.
oy~f
Commentaries.
Afcer his Imperial Majefiy had duly heard and conftdered
ali
that the Frier had
co offer, he affembled h¡s greac Council, ro which he farcher added feveral grave
and learned perfons both Prelates and Lawyers; and, having laid,before them die
particular Laws and new Efiablifhn:ienrs, .t~ey were app'.oved, a~d paífed
by
~he
major
pare of che Affembly ; nocw1rhfiandJng many bemg of a d1fferent op1mon
diffeméd from che Majority, and declared rheir Votes
to
che conrrary ; amongíl:
which were che Cardinal aforememioned; Preftdent of che Council, che Bifhop
. of
Lugo, Don ¡ahn Suare,:, de Carvajal
(
with whom I was once acquainted)
Francif
·
co de los Covos,
Secretary
to
his Majefiy,
Don Sabaftian Ra__mire,:,
Bifhop of
Cuenca
and Preftdent of
Valladolid,
who formerly had been Preftdent in
St. Dwingo
and
-
Mexico; Don Garfia Manrique,
Counc of
Oforno
ánd Prefident_of
Ordenes,
who
. ( as
Gomara
faith) had for a long time been S.uper-Incendenc over che Affairs
. of che Indies, during che abfence of Cardinal
Garcia de Loayfa;
ali which having
·been long converfanc, and Men of experience in che Affairs of che Indies, d~d
diílike and difapprove che new Laws and Ordinances; which were
4ó
in number,
,
as difagreeable to che natural Confiitutions ofrho(e Councries and People. How-,
foever che Carne were paífed and confirmed by che Emperour in
Barcelona,
on che
zoth of
Novembcr,
1542.
as
Gomara,
in Chap.
I
52.
relates: and che Batee! of
Chu–
fM
was foughc becween rhe Governour
Vacca de Caftro,
and
Don Diego Almagro
Ju–
nior, on the 15th of
September,
ofche fame year, being two monchsand five days be–
fore chefe Laws were ftgned and paffed: by. which it may plainly appear how
much che Devil was concerned to difiurb and hinder the propagation 6fthe Gofpel
in
Peru:
forno fooner was one Fire extinguifhed, before anocher was
fo
a Flame
more fierce and terrible chan che former , occaftoned by tbofe Difcontents which
aro[e from che new Confiicurions , of which we fhall mention onely four, which
are laid down by che aforefaid Autbours, as mofi percinenc to
che
prefent
Hiíl:6-
ry, and are chefe which follow.
-
,
.
The
firíl'
Law was chis, 1'hat after the Peach of che Conquerours and of thofe
who had Plancations, and had builc Cities, chofe who.were in poífeflion chereof
.íhould hold chem of che King, for their Lives onely , wichout righc of lnheri-
,canee defcending
to
their Wives and Children; but chac wheil any one died che
King íhould fücceed, giving
to
the Children fucha proporcion of the fraits thereof
as mighc fupporc and maintain them.
.
,
.
.•
Thac no
Indian
fhould be charged wich any Tax or lmpofüiori unleís in chofe
Countries where the
Indians
paid not che fame by bodily Labour; that no
Jndian'
fhould be forced to labour in che Mines or fifh for Pearls; and that having paid
éÍ
,Tribute or Impofüion on bis Good~
to
tbe Lord of the Manour or Freenold,
he
fhould be diícharged rrom corporal fervices.
Thac che Lands and Plantations culcivaced by
Indians,
which Biíhops or Mona–
·íl:eries, or Ho[pitals held in cheir own righr,_
iliould be quitted by them, and vefied:
in che King; and chac all Govemours, Preüdents, Judges, Officers of Jufüce, and,
rheir Depucies under chem ; as alfo all cheüfficers of bis Majefiies revenue íhould
renounce and diíclaim all Title and Inrerefi to fucb Lands and Plantations of
In"
dians;
and chac no Officers of bis Majefiy fhould be capable of keeping
Jndian·
Slaves, chough chey fhould renounce rheir Offices to be capacicated chereumo. .
That ali füch as have Lands in
Peru;
(
which is to be underfiood of thofe who:
have command over
Indians)
and have had any concetnmenc , or been interefied
·Ín Eñe late difiurbances becween
Don Francifco de Picarro
and
Don Diego de Almagro,
.!hall lofe and forfeic ali cheir power and dominion over che
Indians,
as well one
íide .as che och~r: by which Lawand Confiitution ( as
Diego Fernande,::,
well ob–
ferves ) ali Pfople \~ere comprehended, chere not being one perfon in all
Peru
,
who was capacitated either to hold Lands, or
to
enjoyan Efiace in ali chat Coun:.
Hy :
ahd coníequently all Perfons of Qua!ity as well in new
Spain
as in
Perú
were
excluded noronely by chis, bue by che chird Law , for ali' or mofi of chem had
.been Governours, Jufüces, Depucies or Officers of che Royal re~enue : fo that
both cheíe rn'o Laws were as Toiles which caughc every perfon, being fo compre-.
henÍíve , as
to
take in every perfon in che
Indies
,
and by virme rhereof excluded
them from ali rheir Poffeílions: bue for the better underfianding of rhete
Aéts ;
Laws and Confiicucions, and the groands rhereof, we 01all menrion an__d declare che
Motivesand Reaíons which che Legiflacors produced and alledged for confiituting
and eíl:ahlil11ing che fame. Andas to che
firíl:
Aét or Ordinance wemufi know,–
that in recompence and reward ro the firíl: Difcoverers and Conquerours of che·
Ooo ó
h/4~