manity. But as his views extended far beyond thofe of Las Cafas, he perceived that relieving the Indians from oppreffion was but one ftep towards rendering his poffeffions in the New World a valuable acquifition, and would be of little avail, unless he could circumfcribe the power and ufurpations of his own fubjects there. The conquerors of America, however great their merit had been towards their country, were moftly perfons of fuch mean birth, and of fuch abject rank in fociety, as gave no diftinction in the eye of a monarch. The exorbitant wealth with which fome of them returned, gave umbrage to an age not accuftomed to fee men in inferior condition elevated above their level, and rifing to emulate or furpafs the ancient nobility in fplendour. The territories which their leaders had appropriated to themselves were of fuch enormous extent, h) that if the country fhould ever be improved in proportion to the fertility of the foil, they muft grow too wealthy and too powerful for fubjects. It appeared to Charles, that this abuse required a remedy no lefs than the other, and that the regulations concerning both must be enforced by a mode of government more vigorous than had yet been introduced into America.

New regulation for this purpose.

With this view he framed a body of laws, containing many falutary appointments with

h) See NOTE XV.

·

refpect to the conftitution and powers of the fupreme council of the Indies; concerning the ftation and jurifdiction of the royal audiences in different parts of America; the adminiftration of juftice; the order of government, both ecclefiaftical and civil. These were approved of by all ranks of men. But together with them were iffued the following regulations, which excited univerfal alarm, and occafioned the most violent convulfions:,, That as the repartimientos or fhares of land feized by feveral perfons appeared to be exceffive, the royal audiences are empowered to reduce them to a moderate extent: that upon the death of any conqueror or planter, the lands and Indians granted to him fhall not defcend to his widow or children, but return to the crown: that the Indians fhall henceforth be exempted from perfonal fervice, and fhall not be compelled to carry the baggage of travellers, to labour in the mines, or to dive in the pearl fisheries that the ftated tribute due by them to their fuperior fhall be ascertained, and they fhall be paid as fervants for any work they voluntarily perform: that all perfons who are or have been in publick offices, ecclefiafticks of every denomination, hofpitals and monafteries, fhall be deprived of the lands and Indians allotted to them, and these be annexed to the crown: that every perfon in Peru, who had

any criminal concern in the contefts between Pizarro and Almagro, fhould forfeit his lands and Indians."i)

His minifters remonstrate against them.

All the Spanish minifters who had hitherto been entrusted with the direction of American affairs, and who were beft acquainted with the state of the country, remonftrated against thofe regulations as ruinous to their infant colonies. They reprefented, that the number of Spaniards who had hitherto emigrated to the New World was fo extremely fmall, that nothing could be expected from any effort of theirs towards improving the vast regions over which they were fcattered; that the fuccefs of every scheme for this purpose must depend upon the miniftry and fervice of the Indians, whofe native indolence and averfion to labour, no profpect of benefit or promife of reward could furmount; that the moment the right of imposing a task, and exacting the performance of it, was taken from their mafters, every work of induftry muft ceafe, and all the fource from which wealth begun to pour in upon Spain must be ftopt for ever. But Charles, tenacious at all times of his own opinions, and fo much impreffed at prefent with the view of the diforders which reigned in America, that he was

i) Herrera, dec. 7. lib, vi, c. 5. Fernandez Hift, lib. I. c. 1. 2.

willing to hazard the application even of a dangerous remedy, perfifted in his refolution of publifhing the laws.

A viceroy appointed for Peru. 1543.

That they might be carried into execution with greater vigour and authority, he authorifed Francifco Tello de Sandoval to repair to Mexico as Vifitador or fuperintendent of that country, and to co-operate with Antonio 'de Mendoza, the viceroy, in enforcing them. He appointed Blafco Nugnez Vela to be governor of Peru, with the title of Viceroy; and in order to ftrengthen his adminiftration, he eftablifhed a court of royal audience in Lima, in which four lawyers of eminence were to prefide as judges. k)

Effects of the regulation in New Spain.

The viceroy and fuperintendent failed at the fame time; and an account of the laws which they were to enforce reached America before them. The entry of Sandoval into Mexico was viewed as the prelude of general ruin. The unlimited grant of liberty to the Indians affected every Spaniard in America without diftinction, and there was hardly one who might not on fome pretext be included

k) Zarate, lib. 3. c. 24. Gomara, c. 151. Vega, p. 11. lib. iii. c. 20.

under the other regulations, and fuffer by them. But the colony in New Spain had now been fo long accustomed to the reftraints of law and authority under the fteady and prudent adminiftration of Mendoza, that how much foever the fpirit of the new ftatutes was detefted and dreaded, no attempt was made to obftruct the publication of them by any act of violence unbecoming fubje&ts. The magiftrates and principal inhabitants, however, presented dutiful addreffes to the viceroy and fuperintendent, representing the fatal confequences of enforcing them. Happily for them, Mendoza, by long refidence in the country, was fo thoroughly acquainted with its state, that he knew what was for its intereft as well as what it could bear; and Sandoval, though new in office, difplayed a degree of moderation feldom poffeffed by perfons juft entering upon the exercife of power. They engaged to fufpend, for fome time, the execution of what was offenfive in the new laws, and not only confented that a deputation of citizens fhould be fent to Europe to lay before the emperor the apprehenfions of his fubjects in New Spain with respect to their tendency and effects, but they concurred with them in fupporting their fentiments.. Charles, moved by the opinion of men whofe abilities and integrity intitled them to decide concerning what fell immediately under their own view, granted fuch a