How, when the news of the Marquis Pizarro\'s death reached Spain, it was ordered that a Viceroy and an Audiencia should be appointed; and of the conference over the Ordinances which were issued for the government of the new empire of the Indies.

WHEN the Marquis was murdered in Lima by the Almagro party the news came with extraordinary celerity to the ships which were about to sail for Spain, and the Emperor Charles V received it at....[162] He held that it was an evil service to him, on hearing that the Marquis had been murdered with such cruelty and violence, considering the great services he had rendered to his Majesty and the rich provinces he had added to the Realm. His Majesty wished that the Marquis could have enjoyed some repose in his old age, and that he had not died so ignobly. At the same time, his Majesty had felt that he had also been ill-served by the death inflicted by the Marquis\'s brother on the Adelantado Don Diego de Almagro in a former year. Taking counsel with his grandson, and with others who attended him for that purpose, and seeing how remote those kingdoms were from Spain, that in the time of the governors there had been great outrages and robberies, and that cruel deaths had been inflicted on not a few lords and principal people, it was resolved that they should be so justly ruled that God our Lord and the Royal Crown should not suffer displeasure. His Majesty therefore de[338]cided to send out learned men as judges to form a Court of Justice or Audiencia, and also a Royal Chancellery, in order that causes might be determined and that in all things there might be right decisions so needful in such a free country where all men are prone to commit evil. In order that justice might have greater force, it was also resolved that there should be a Viceroy, whose duty it would be to see that the natives were well treated by the Spaniards. The councillors then considered at several sittings whom should be entrusted with so important a service. His Majesty had been informed by many people, and from various directions, of the great oppression the Indians suffered from the Spaniards, and how the latter, in order to extort gold from them, had burned them and thrown them to the dogs; also how they seized the natives\' wives and daughters for their own uses, and committed other atrocities. Above all, there was very great remissness about their conversion; no one caring for the souls of the poor natives. As a Christian prince, fearing God, the Emperor was very anxious to find a remedy for these great evils. He felt that, as universal pastor, he was responsible to God. Nevertheless, his Majesty\'s repeated absences from Spain, so important for the worship of God and for his own service, had interfered with the mature consideration of what should be done to avoid these great evils, and of what laws ought to be made for the protection of the Indians.

At this time the reverend Friar Bartolomé de las Casas, who was afterwards Bishop of Chiapa, arrived in Spain, by whom it was asserted that the Spaniards were treating the natives in the manner we have mentioned, and it was even hinted that their behaviour was worse still. His Majesty ordered the assembly of grandees and prelates, jointly with men learned in the law who were members of his distinguished and puissant Council, to determine what[339] should be provided for the good government of the new realm or empire of the Indies. They met many times in the presence of the King, some arguing, others thinking; and their deliberations resulted in the New Laws, which for this, and not for what the people in Peru supposed, were enacted; so that we can, in each one of them, see points which demonstrate the feeling and the reason for their adoption. As these Ordinances were very famous, and as Gonzalo Pizarro stood in Peru in opposition to them, thereby giving rise to great battles and many wars, we will insert them in this place word for word, taken from the originals.

I know from my experience gathered during a long residence in the Indies that there were great cruelties and much injury done to the natives, such as cannot be lightly stated. All know how populous the island of Espa?ola was, and that if the Christians had treated the natives decently and as friends there would certainly be many there now. Yet there remains no other testimony of the country having once been peopled than the great cemeteries of the dead, and the ruins of the places where they lived. In Tierra Firme and Nicaragua also not an Indian is left. They asked Belalcázar how many he found between Quito and Cartago, and they desired to know from me how many now remain. Well, there are none. In a town which had a population of ten thousand Indians there was not one. When we came from Cartagena with Vadillo I saw a Portuguese, named Roque Martín, who had quarters of Indians hanging on a perch to feed his dogs with, as if they were those of wild beasts. In the new Realm of Granada and in Popayán they did things so ruthless that I would rather not mention them. In fine, as nothing is concealed from princes, his Majesty became fully informed, and as soon as he was able to spare time from the affairs of the empire, he gave his attention to these matters.

[340]

We must also say that not all those who had estates in the Indies were so bad as to commit such great sins. On the contrary, there were many who deplored and strongly denounced such acts. There were men who had passed through great hardships, misery, and hunger such as cannot be briefly described; many had lost their lives in the exploration and subjugation of the Indies, leaving wives and children behind them. These resented their fathers\' Indians being placed under the direct authority of the King, and the encomienda they held being taken from them, as it had been granted for certain lives. But this was not sufficient excuse for taking up arms, for his Majesty would have listened to the petitions of those who humbly approached him.

The laws having been made and ordained, they were proclaimed with the sound of a trumpet in the city of Seville, and are as follows:—

NEW LAWS

Don Carlos by the divine clemency Emperor always august, King of Germany; Do?a Juana his mother, and Don Carlos himself, by the grace of God, King of Castille, of Leon, of Arragon, of the two Sicilies, of Jerusalem, of Navarre, of Granada, of Toledo, of Valencia, of Galicia, of Majorca, of Sevilla, of Sardinia, of Cordova, of Corsica, of Murcia, of Jaen, of the Algarves, of Algeciras, of Gibraltar, of the Canary Isles, of the Indies, islands and mainland of the Ocean Sea, Counts of Barcelona, Lords of Biscay and of Molina, Dukes of Athens and Neopatria, Counts of Roussillon and of Cerdania, Marquises of Oristan and of Gociano, Archdukes of Austria, Dukes of Burgundy and Brabant, Counts of Flanders and the Tyrol—to the most illustrious Prince Philip our very dear and beloved grand[341]son and son,[163] to the Infantes our grandsons and sons, to the President of our Council of the Indies, to our Viceroys, Presidents and Judges of our Audiencias, and Royal Chancelleries of our said Indies, islands and mainland of the Ocean Sea, and our Governors, Chief Alcaldes and other Magistrates thereof, and to all our Councils, Justices, Aldermen, Knights, Squires, officials and citizens of all our cities, towns, and settlements in our said Indies, islands and mainland of the Ocean Sea, discovered and to be discovered, and to all other persons, captains, explorers or settlers, inhabitants or natives of whatever estate, quality, condition or position they may be, as well those who are already there as those who may come hereafter, to each one and to all of you in your offices and jurisdictions, to whom this our letter may be shown, or a copy of it signed by a public notary, or who may become acquainted with a part of it or its contents or anything which pertains or may pertain to any part of it in any way whatsoever: to you all health and greeting.

Know ye that for many years we have had the wish and determination to occupy ourselves with the affairs of the Indies, by reason of their great importance both in matters appertaining to the service of God our Lord and the increase of our holy catholic faith as well as in those relating to the welfare of the natives of those parts, their good government and the preservation of their persons. Although we have endeavoured to attend to these affairs, this has not been possible, owing to the numerous and constant distractions which have arisen and which we could not neglect, and to the absence from these Realms which I the King have been obliged to incur for reasons which are notorious to all. Inasmuch as these constant occupations have not ceased even in the present year, we have ordered[342] persons of all estates, prelates as well as knights, and clerics, and some members of our Council to study and consider matters of the highest importance respecting which we have received information, in order that a decision may be reached. The subject was maturely argued and discussed, and several times considered and debated in my presence. Finally, having consulted the opinions of all, I have resolved to command, decree, and ordain the things now herein contained, which, besides the other ordinances and provisions which from time to time we have ordered to be enacted, we command to be observed inviolably as laws from henceforward.

I. Firstly, We order and command that the members of our Council of the Indies who reside at our Court and meet every morning for three hours and in the afternoon for such time as is necessary, as business may arise, shall in future attend in the same way as hitherto. And as in the said Council there are a number of Judges, we order and command that in the cases in which they all sit, which are the suits of five hundred pesos de oro and upwards, three votes in agreement may pronounce a decision, and when the other votes differ among themselves, the three can and shall determine the case. And for the quicker settlement of cases not exceeding the said five hundred pesos two members of the Council may hear and, if in agreement, settle them.

II. As We have directed certain new rules to be drawn for our Audiencias of New Spain, Peru, Guatemala, Nicaragua, and the island of Espa?ola, touching the order and procedure they should adopt in considering and determining suits which may come before them, and in the conduct of other things concerning the good government and conservation of those parts and the natives of them, and that the members of our said Council may keep more exactly in mind what powers and duties are allotted to the Audiencias[343] and not recognize nor adjudicate upon anything extraneous thereto, I have directed the said rules to be incorporated here, and we order our said President and members of our Council of the Indies to keep to and comply with what they contain, and neither adjudicate upon nor recognize anything contrary to their tenour and object.

III. We disallow and expressly forbid any servant or retainer of the President or members of our said Council, any Secretary, Public Prosecutor or Reporter to be an attorney or suitor in any business of the Indies, on pain of banishment from the Realm for a term of ten years, and we order every member of the Council above named who may know of it, to punish and prevent such things, as tending to our disservice.

IV. We order and command that it shall be the duty of those of our said Council of the Indies to keep all the laws and ordinances of our kingdoms, and especially those made by our Royal Council and the Judges of our Audiencias and the other Judges of our said kingdoms, with reference to purity as regards the receiving any gifts, payment, or loans from litigants and other persons having or expecting to have business before them, nor shall they write any letters of recommendation to the Indies on pain of punishments enacted in the said laws and ordinances.

V. In order that the President and members of our Council of the Indies may be free to devote themselves to the affairs of the government of those parts we decree and command that they shall abstain, as far as possible, from dealing with any private business, for it is with that aim that we have arranged and ordered all that touches the said Audiencias and the affairs with which they have to deal. And though the reviewing of residencias is a matter that it seems might properly be conducted by the Council, yet, in order that its work of governing may be the more efficient, and that the Council may devote greater attention[344] to public affairs and meet with less interference from other business—taking into account, too, the great distance to be traversed in reaching those Realms—we order that there shall be brought before our said Council of the Indies only those residencias and inquiries that may be held in respect of the Judges and officials of the Audiencias, and of our Governors throughout the Indies, and we allow and direct all the others to be heard, adjudged, and determined by the said Audiencias, each one in its own district and jurisdiction. As our principal intention and will has always been to preserve and augment the numbers of the Indians, and that they may be instructed and taught the articles of our holy catholic faith, and be well treated as free men and our subjects, as in fact they are, we charge and command our said Council always to give great attention and special care to the conservancy, good government, and good treatment of the said Indians, and to ascertain how our Ordinances are complied with and executed, especially those We have issued and shall issue for the good government of our Indies, and the administration of justice in them, and to see that these are observed, complied with, and put into execution without any remission, fault or neglect.

VI. We charge and order those of our said Council of the Indies to sometimes think over and discuss and learn in what ways we may be justly served and derive advantage in the affairs of the Indies. As observance and compliance with what is enacted or may hereafter be enacted for the good government and welfare of the Indies is of great importance to our service and to the discharge of our conscience, we order our Procurador Fiscal,[164] who is or may hereafter be a Member of our Council, always to take great care and be very vigilant in inquiring and learning[345] how the laws are being observed and complied with in those parts, and to report the same in our said Council, taking steps against those who do not comply, so as to enforce obedience to what is enacted, and he is to give us notice when this is not done.

VII. We order and command that, in the provinces and Realms of Peru, there shall reside a Viceroy and a Royal Audiencia consisting of four learned Judges, the said Viceroy presiding over the said Audiencia, which shall be established in the city of The Kings, that being the most convenient position, for henceforward there will be no Audiencia in Panamá.

We order that a Royal Audiencia shall be established on the confines of Guatemala and Nicaragua, consisting of four learned Judges, one of them being President, as may be appointed by Us, and at present we order that the President shall be the Licentiate Maldonado (who is a judge in the Audiencia at Mexico), and that this Audiencia shall have charge of the government of the said provinces, and their dependencies, in which provinces there will not be Governors, unless We should otherwise order, and these Audiencias, like those established in Santo Domingo, are to observe the following rules:—

Firstly, we will, decree, and command that all the criminal cases of whatever quality or importance which are pending, and that may arise hereafter before any of the four Royal Audiencias[165] of the Indies, may be considered, adjudged upon, and decided by our said Audiencias, by trial and revision, and the judgments thus given shall be executed and carried into due effect without any further appeal, petition, recourse, or other remedy whatsoever.

In order to avoid the delay which would occur and the great injury, charges, and expense to the litigants, which[346] would ensue should they come to our Council of the Indies following on any suit or civil action on which appeal was made from our said Audiencias, and in order that justice may be done more quickly and with less loss, we enact and command that in all civil suits which may be brought and which are brought, and are under the consideration of our said Audiencias and our said Presidents and Judges who have been or may be appointed, these same shall try them and pass judgment and decide them by trial and revision; and the judgment given on revision may be carried out without there being any further step by appeal, petition, or any other recourse whatever, unless the suit be of such nature and importance that the value of the property in question be ten thousand pesos de oro or upwards, in which case we will that they may appeal a second time before our Royal Presence, provided the suitor making the said second appeal do present it before us within one year from the time that the revised judgment is notified to him or to his Attorney.

But we will and command that, notwithstanding the said second appeal, the judgment which the Judges of our said Audiencias shall have given on revision be carried out, the suitor, in whose favour it is given, first of all furnishing sufficient security and proof that, if the said judgment be revoked, he will restore and pay whatever he shall have been and will be awarded and granted by that [judgment], according to the decision which shall be given by the persons to whom the matter was by us intrusted. However, if the judgment on revision given in our said Audiencias should be on a question of real estate, we declare and command that the second appeal shall not lie, but that the said revised judgment, notwithstanding it be not in accord with the judgment on [first] trial, shall be carried out.

We decree and command that the Judges to whom we[347] may commit such a suit on second appeal, do examine and decide the suit by the same procedure as would have been followed in our said Audiencia, without admitting new evidence or new charges, in conformity with the laws of our kingdoms touching a second appeal.

And in order that our said Audiencias may possess the necessary authority, and that what is decreed and ordained by them may be better obeyed and executed, we will and command that the letters, writs and other instruments decreed by them, be issued and delivered in our name and under our royal seal; and let the same be obeyed and complied with like our own letters and writs signed with our Royal Name.

As in each of our said Audiencias there are to be four Judges, we decree that all four shall sit in suits for five hundred pesos de oro and upwards, and for the settlement of such a suit three votes must be in agreement; but if the suit be for less than five hundred pesos, we decree that two votes in complete agreement shall suffice, the other two votes differing from one another. Up to the said sum of five hundred pesos, in order to expedite business, two of our said Judges may try, hear, and give judgment if they are in agreement.

Moreover, we decree that in whatever is not here stated or directed our said Presidents and Judges............