42.-Lib. II., Tit. 33, Law 19.-(Vol. 1, p. 511.)

The ordinary judges to take cognizance of matters relating to settlements on lands newly discovered, and in other cases.

If any chapter, council, or corporation, or any private person, shall apply to us for the purpose of settling newly discovered lands, of [29] discovering others, or for other matters, wherein it is necessary, in order to make the proper provisions, to proceed to an inquiry and obtain a full knowledge of the subject of the application: We command that in such, and other similar cases, they shall lay the same before the ordinary officers of justice of the place or island where they reside, in order that, after due examination, they may give their opinions: and the applicants shall not be heard in any

other manner or form.

43.-Lib. II., Tit. 34, Law 29.-(Vol. 1, p. 518.)

The visiter may execute the penalties decreed against officers [ministros] who are proprietors of houses, country seats, and mills.

The visiter may, notwithstanding appeal sued out either of office or at the request of the party, execute the penalties imposed by laws 54 and following, title 16, of this book, upon such judges [ministros] as shall be prorietors of houses, country seats, mills, and other estates; for the sake of public example and of justice to all parties.

44.-Lib. III., Tit. 2, Law 15.-(Vol. 1, p. 529.)

Services to be rewarded where rendered, and in no other place or province.

It is our pleasure that services be remunerated where they shall have been performed, and in no other place or province in the Indies; and as regards the soldiers of Chile, the law 19 of this title shall be observed.

45.-Lib. III., Tit. 3, Law 2.-(Vol. 1, p. 543.)

The viceroys to possess the qualifications required by this law.

All who may be appointed viceroys of Peru and New Spain shall possess the abilities and qualifications required for such important and elevated offices; and as soon as they enter upon the exercise of their functions, they shall make it the object of their first and greatest care to endeavor that God our Lord be served, and his holy law preached and taught for the benefit of the souls of the natives and inhabitants of those provinces: they shall govern them in peace and tranquillity, endeavouring to increase and improve them; and they shall provide every thing which may be necessary for the adminis

tration and execution of justice, agreeably to the powers granted them by the laws contained in this book; they shall, moreover, have charge of the government and defence of their respective districts, and they shall reward and compensate the descendants and successors of such as have rendered services in the discovery, pacification, and settlement of the Indies; they shall give special attention to the good treatment, protection, and increase of the Indian population; and particularly to the faithful collection, administration, and recovery of the funds of our royal treasury; and in all cases, things and affairs, that shall come before them, they shall do all that to them may appear fit and necessary, and provide and order all that we could do and provide, of whatever sort or nature it may be, within the provinces under their charge, if such provinces were governed by ourselves in person, in all matters that are not expressly prohibited by law; and we command and order our royal * audiences [ 30 ] of Peru and New Spain, and others subject and subordinate to the jurisdiction of viceroys and all governors, justices, subjects and vassals of ours, ecclesiastical and secular, of whatever state, condition, grade or dignity, to obey and respect them as persons representing us; to observe, fulfil, and execute their orders and commands, whether verbal or in writing, and not to plead any excuse or delay in obeying their letters or mandates, nor give them any other meaning, interpretation, or declaration, nor to wait until again required, nor consult us touching the same, nor to expect other commands, but to obey as if commanded by ourselves personally, or by letters signed with our royal hand. All this they should observe, under pain of incurring our displeasure and such other penalties as await those who do not obey our letters and commands, and such others as shall be imposed upon them; to which, by this our law we condemn, and have condemned, all such as shall act contrary thereto. And we give and grant to, and confer upon, the said viceroys all such sufficient and full power as may be requisite and necessary for the observance of all that is herein contained, or in any manner consequent upon it; and we promise, upon our royal word, that all that they may do, order, and command in our name, and under our power and authority, shall be held firm, stable and valid forever.

46.-Lib. III., Tit. 3, Law 4.-(Vol. 1, p. 545.)

The viceroys to be presidents of their respective audiences.

We order and command that the viceroys of Peru and New Spain be presidents of our royal audiences of Lima and Mexico, as provided by laws 3 and 5, title 15, and law 1, title 16, book 2, and others contained in said book, which treat of the authority exercised by the viceroys in our name, and annexed and appertaining to the other presidents of our audiences and chanceries of these our kingdoms, and that they enjoy the powers and prerogatives which, as such, they are entitled to.

47.-Lib. III., Tit. 3, Law 5.-(Vol. 1, p. 545.)

The viceroys are governors of their respective districts, and of the provinces subor dinate thereto.

It is our will, and we command that the viceroys of Peru and New Spain be governors of the provinces under their authority, and that they rule and govern the same in our name; that they grant such rewards, favours, and compensations, as to them may seem fit; and that they fill the offices of government and justice established by custom and not prohibited by our laws and orders. And all our subordinate audiences, judges and justices, and all our subjects and vassals, shall consider and obey them as governors, and shall allow them freely to enjoy and exercise such offices, giving and granting them all the aid and assistance which they may ask and want.

48.-Lib. III., Tit. 14. Law 13.—(Vol. 1, p. 624.)

Viceroys to send information of such as pretend to rewards, and of those whom they have rewarded.

We desire to grant rewards and remunerations and to distribute the offices and profits of the Indies between persons who have [ 31 ] deserved well, and who have most faithfully served us, as is provided in law 2, of this book: and whereas some persons come from those kingdoms to these, to ask for rewards, alleging injuries, and complaining of the viceroys and presidents for not giving them employment, patronage, and other advantages; and whereas it is proper that we should possess a full knowledge of the truth: we command the viceroys and presidents, on all occasions, to transmit to us particular aud specific information of all deserving persons who expect reward for services rendered in the reduction, pacifition, and preservation of those provinces, with the qualifications and circumstances of each, and of such persons as they may have rewarded and preferred there, and their reasons and motives for doing so, and the foundation of the complaints and wrongs. This information shall be specific, without regard to considerations of enmity or affection, as is required by the nature and importance of the matter.

49.-Lib. IV., Tit. 1, Law 1.—(Vol. 2, p. 1.)

Lands already discovered to be peopled before new discoveries are made.

Whereas the chief object which induces us to make new discoveries, is the preaching and spreading of the holy catholic faith, and that the Indians be educated and made to live in peace and good order: We order and command, that before granting new discoveries and settlements, orders be given that what is now discovered and reduced to peace and obedience to our holy mother the catholic church, be peopled and permanently settled for the

peace and harmony between the two republics, as provided in the laws which treat of the settlements: and after what is now discovered shall have been peopled and settled in peace and obedience to the holy apostolic see and to ourselves, then shall it be proceeded to discover and settle the circumjacent country, and to continue in making new discoveries.

50.-Lib. IV., Tit. 1, Law 4.-(Vol. 2, p. 1.)

No person to make, on his own authority, any new discovery, entry, or settlement.

We ordain and command that no person, of whatever estate or condition, shall make, upon his own authority, any new discovery by land or by water, nor any entry or settlement, nor found any town in lands now discovered, or hereafter to be discovered, in our Indies, without license or appointment, granted by ourselves, or by such persons as may be thereto authorised, under pain of death and forfeiture of all their goods to our chamber, [camera.] And we command the viceroys, audiences, governors, and other justices, not to grant any license to make new discoveries without consulting us and obtaining our special license. But in that which is now discovered and pacified, we permit them to grant licenses within their respective jurisdictions, to form such settlements as may be proper, observing the laws contained in this book; provided that such settlements being made, they immediately transmit to us information of what they shall have done. And as respects the power of the viceroys in relation to new discoveries, the law 28, title 3, (51,) lib. 4, shall be observed in the cases therein mentioned.

51.-Lib. III., Tit. 3, Law 28.-(Vol. 1, p. 552.) Referred [ 32 ] to in No. 50.

The viceroys to have power to order new discoveries.

We further grant power to the viceroys, although prohibited from establishing governments for new discoveries, and from reducing and settling the same, to do so if necessary or proper for the tranquillity, quiet, and peace of their provinces, they employing for that purpose the idle people who jeopardize and disturb the public peace, and giving us prompt notice thereof; and we do grant them permission to appoint for such discoveries and settlements, such persons as to them shall appear most fit. And we command the viceroys and auditors to give the necessary instructions, in order that the natives be well treated, the principal object being to spread and teach the doctrine of our holy catholic faith.

52.-Lib. IV., Tit. 1, Law 13.-(Vol. 2, p. 4.)

No governors to make entries, (entradas,) barters, or contracts in other governments. We forbid our governors in the Indies, and their lieutenants, to go VOL. II.

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or send out of their respective governments into any other whatever, either by sea or land, to make entries, [entradas,] barters or contracts, with the Indians, under any colour or pretence, without license from the governors in whose districts they should have to enter for that purpose, under pain of our displeasure, and forfeiture of whatever they may carry away, take, or barter, to our chamber of treasury, and of being suspended from their offices and functions.

53.-Lib. IV., Tit. 1, Law 14.-(Vol. 2, p. 4.)

Discoverers to render an account, to be rewarded, and send statements to the council.

Those who may go forth on voyages of discovery, whether by sea or by land, by virtue of agreement made in the Indies, shall render an account to the government or audience with whom such agreement shall have been made, of their discoveries and of the results thereof, who shall transmit a full and detailed statement of the whole to our council of the Indies, in order that that may be provided which shall be most proper for the service of God our Lord, and for our own. The discoverer shall have charge of the settlement of what he shall have discovered, provided he do possess the necessary abilities for that purpose; or he shall receive such remuneration as he may be entitled to for his labour and expenses in fulfilling the agreement, provided he shall have complied with it on his own part.

54.-Lib. IV., Tit. 1, Law 17.—(Vol. 1, p. 4.)

No discoveries to be made at the cost of the king.

We command that no discoveries, new sea voyages, or settlements, be made at the charge of our treasury; and those who govern shall not expend any moneys for such purposes, although they may be authorized by us to make discoveries and voyages, unless they are specially authorized to do it at our cost.

[ *33 ] * 55.—Lib. IV., Tit. 3, Law 1.—(Vol. 2, p. 7.)

Governors to inform themselves touching what is to be discovered; and, after making the agreement, to give information thereof.

We charge and command all who administer the government, spiritual and temporal, of the Indies, to inquire, with great care and diligence, whether there is within their respective districts, or within the lands and provinces adjoining the same, which do not belong to any other government, any land to be discovered and pacified, and the number of people and nations inhabiting therein, and the substance and quality of the land, without sending thereto any warlike people or other persons who might cause scandal. And having so informed themselves, through the best means within their reach,