Professional Documents
Culture Documents
1
The appointment had been determined upon early in March 1530 see
the queens decree in Pacheco and Cardenas, Col. Doc., xii. 404 but the
oidores were not officially named until the 12th of July following. Puga,
Cediilnrio, 37.
2
Of the family of the count of Villaescusa de Haro, born in the province
of Cuenca, and well educated at the college of Santa Cruz at Valladolid. He
had been made third bishop of Santo Domingo in 1524, and three years later,
president of the audiencia established there. Herrera, dec. v. lib. ix. cap. i. ;
Datos Biog., in Cartas de Ind., 829; Hex., Not. Ciudad, 266. Oviedo, i. 82,
says that he was also bishop of Concepcion de la Vega in the island of Santo
Domingo.
3
The order was dated April 12, 1530. Gonzalez Ddvila, i. 262.
*
I have preferred the spelling of Puga, Cedulario, 56, and of Cortes, Real
C^dula, in Pacheco and Cardenas, Col. Doc., xiii. 241. Torquemada, Momj.
Ind.,i.
603, twists the name into Cavnos. Lacunza, Discurso, Hist., 459, says
Cainos. They came respectively from Madrid, Salamanca, Toro, or Zamora,
and Madrigal. Bernal Diaz, Hist. Verdad., 230
HIST. HEX., VOL. II. 21
322 THE SECOND AUDIENCIA AND ITS REFORMS.
16
Many of the instructions are mere repetitions of those issued to the firs
audiencia, and others are trivial. They are all to be found in Puya, Cedula-
rio, 38 et seq. ; Herrera, dec. iv. lib. vii. cap. viii. Many are incorporated
in the general laws of Pecop. de Jndias, Zatnora, Bib. Leg. Ult., and Monte -
mayor, Svmanos. The ordinances for the government of the audiencia were
similar to those given to the previous body. See also Femec.a, Hint.H <<</-
enda, i. ii. v. ; Gonzalez Daw In, Teatro Eclcs., i. 24. Puga s work, properly
entitled Phdipus Secundus, etc., Provistones, Cedilla^, Iruttrwnentos, etc., Mex
ico, 1563, is remarkable as the first law-book printed in America, and perhaps
the first American book of any practical value, the earlier specimens of typog
raphy, of which I have several, being chiefly ecclesiastic treatises.
17
During their stay in that city one of them belied his reputation for dis
cretion by meriting a reproof on the part of the India Council for communi
cating to an officer of the India house a certain royal order. Jferrcra, dec. iv.
lib. vii. cap. viii.
18
Nous arrivamesici le 23 decembre, at Mexico, evidently. Letter of
audiencia, in Ternaux-CompaM, Voy., serie ii. torn. v. 138.
Among those to whom the privilege of using coats of arms had been
19
granted were Gerdnimo Lopez, Juan de Burgos, Hernando Gomez, Ruy Gon
zalez, and Garcia del Pilar. Id. All of these persons could not have accom
panied the audiencia; the last named, as we shall see, was serving at the time
as interpreter to Guzman in Jalisco.
326 TEE SECOND AUDIENCIA AND ITS REFORMS.
Vera Cruz September 23d. There seems to have existed an impression that
he would not come. No one desired his presence more than Quiroga, who, on
the 14th of August, wrote to the India Council urging that the bishop of
Santo Domingo be not allowed to decline the position of president, for the
state of affairs in New Spain demanded his presence. He added that no soldier
should be placed at the head of affairs but a man of letters, whose conscien
tiousness, experience, and freedom from avarice fitted him for the position;
such a man was Fuenleal, as he, while in Hispaniola, had had ample oppor
tunity of judging.
21
This was the western building, with the shops, and 20,000 pesos de oro
was demanded for the whole, but the audiencia paid him barely half that
amount for the main building, returning the shops which yielded a rental of
3,000 pesos or more. Cortes demanded more, and was still complaining of
delayed payment in 1533. Pacheco and Cardenas, Col. Doc., xii. 550-1. It
was proposed in 1537 to buy also the shops, but during the interval of commu-
A HUNDRED VERDICTS FOR CORTES. 327
the dix mille pesos qu il a pris dans le tresor royal. Ternaux-Compans, Voy.,
serie ii. torn. v. 139. Delgadillo had hastened to convert his property into
money. Id., 174.
24
Matienzo was even trusted so far as to be sent to Panuco to report on the
slave-trade there. Bernal Diaz, Hist. Verdad., 228.
25
Yet riot all he sought, for his suits against them and Guzman continued
until after his death. See Pacheco and Cardenas, Col. Doc., xxix. 298 et seq.,
xxiv. 462. They were mulcted 40,000 pesos de oro in 1532, for 25 of those
suits. Cartas de Indias, 748.
328 THE SECOND AUDIENCIA AND ITS REFORMS.
28
Salmeron alludes to the clamor created by the execution of this secret
decree; but come what may, your Majesty s orders shall be carried out, for
they are just. Letter, in Ternaux-Compans, Voy., serie ii. torn. v. 126. See
also Pw/a, Cedulario, 52, and Leon, Trot. Ecom., 18, on the new order.
29
Who held civil and criminal jurisdiction in the first instance, and politi
cal and economic supervision of his district. They were of three classes:
letrados, or versed in law, politicos 6 de capa y espada, and politicos y mill-
tares. All had the same power, except that the last two, as not versed in
law, had in suits to consult the alcaldes mayores, who acted as their counsel.
Those now to be appointed in New Spain were not all of this formal dignity,
though enjoying the title and duties. In the instructions for their guidance,
dated July 12, 1530, they were ordered to obtain an account of the lands cul
tivated and the amount and kind of tribute paid; to keep a record of the
encomiendas adjoining their corregimiento, by whom held, how managed, what
tribute was obtained, how the natives were treated, what religious instruc
tion was given, and whether there were any vagrants. They could accept no
gift or fee, directly or indirectly, under penalty of loss of office and a fine
seven times the value of the gift. Supplies might be obtained from the
natives, but only on account of salary, to be deducted when tribute levy was
made. They could form no business connection, and could neither build a.
house nor engage in trade. Besides responding to the usual demands on
their political and judicial duties, they must make an annual tour of their
district to watch over the interests of the natives. The established tariff of
official fees must be strictly observed. This clause was much needed owing
to the excessive demands of judges and advocates. The audiencia were will
ing to allow at first eight and subsequently five times the amount charged in
Spain, while 20 times more was expected, and that in nearly all trades and
professions. See Lettre, in Ternaux-Compans, Voy., serie ii. torn. v. 123-4.
Setena fines were to be applied wholly to the royal household. The super
vision of municipal duties, of religious and social conduct, of roads and fences,
of inns, and so forth, was enjoined. All official acts were to be testified toby
notary. The care of the Indians was particularly urged, to liberate them,
from oppression, idolatry, and vices, and to promote Christian civilization.
The instructions are quite minute. See Puya, Cedulario, 52-6; Iferrera,
dec. iv. lib. ix. cap. xiv.
330 THE SECOND AUDIENCIA AND ITS REFORMS.
32
His jurisdiction was limited in cases of maltreatment to 50 pesos de oro,
or ten days imprisonment, and he had no authority over officials. Putja,
Cedulurio, G.
(>4His interference became nevertheless distasteful, it seems,
to Fuenleal, who recommended that no more protectors be appointed.
33
Carton, in Pacheco and Cardenas, Col. Doc., xiii. 199-200, 424-5. Sal
meron even uses the word enslavement in this connection. A joint letter of
the audiencia, of March 1531, states that the order against slavery had
.already injured mining and raised the price of goods. Ternaux-Companx,
Voy., serie ii. torn. v. 147-8.
34
Cortes urges in 1537 that 110 undue haste be used in liberating slaves,
merely that children be declared free. Exertion Sneltoa, 277-8. The price of
slaves in 1532 was 40 pesos. See Fueuleal s letter, ubi sup., 258-9.
332 THE SECOND AUDIENCIA AND ITS REFORMS.
for certain transportations, with proper care and maintenance of the carriers.
Puga, Cedulario, 77, 85. The audiencia speaks in 1531 of un demi-
37
selves. Puga, Cedulario, 88. Quiroga had been actuated to this step partly
by the number of children drowned in the ditches round Mexico. Moreno,
Fratjmentos, 20-1. The illegitimate offspring of Indians and Spaniards
received the name of Montaneses. Frejes, Hist. Breve, 174. Bishop Zumar-
raga had fined Indian adulterers, but this act was annulled. Ordenes de la
Corona, MS., ii. 6.
41
It stands recorded in the native annals as tcpiton zahuatl, small pest,
the small-pox being called great pest. Mendieta, Hist. Ecles., 514-15. Moto-
linia places it eleven years after the conquest, Hist. i. 15; while
I>/d.,
43
By cedula of January 18, 1531, the queen approved of the plan by
instructing the audiencia to found a town on an eligible site. Puga, Cedulario,
68.
44
There is some descrepancy about the date of the founding of Puebla, but
that given by Motolinia is well supported. Icazbalccta, CoL Doc., i. 232; Concilios
Prov., 1555-65, 243. Salmeron, writing on the 30th of March, 1531, uses these
words: Se comienza a ensayar la Puebla de los Angeles, Pacheco and Cardenas,
CoL Doc., xiii. 196; yeton August 14, 1531, he describes the town as fairly built,
containing a church, public structures,four uhostelries,and 50 houses, and the set
tlers already engaged in agriculture. Ternaux-Compans, Voy., serie ii. torn. v.
163-5, 187-90. Vetancurt gives April 16, 1530, as the date when the first mas*
was said, which statement is corroborated by Motolinia. Vetancurt, however,
errs in asserting that the work was begun by permission of Fueiileal, as the
president had not yet arrived in New Spain. Chron., 47. Zamacois states
the city was founded in 1533 as a measure resolved upon by Fuenleal and the
audiencia. Hist. Hex., iv. 5G2. Some minor authorities give the year 1531,
and others 1532, as the date of the founding of this town.
45
Pacheco and Cardenas, Col. Doc., xvi. 560-2. The new town was built
on the margin of the river Atoyac. The site was five leagues south of Tlas
cala, 20 leagues east of the city of Mexico, and 40 leagues west of Vera Cruz.
Upon it were very ancient ruins, those, according to tradition, of the city
of Quilaxcolapan, founded centuries before by Vemecat and Xicalantoalt.
Another name given to this ancient city was Vasipalan, meaning country of
snakes. Medina, Chron. de San Diego de Mex., 242-3. Quilaxcolapan signifies
the place where entrails are washed, the name being derived from the cus
tom of throwing into the streams near by the entrails of human victims sac
rificed by the Tlascaltecs. Alcald, Descrip. Puebla, MS., 15.
46
Salmeron, in a letter dated November 1, 1532, states that the colony
was 011 the decrease. Ternaux-Compans, Voy., serie ii. torn. v. 207.
COLONIAL DEVELOPMENT. 335
consisted of five towers, through the central one of which rushed a rapid river.
The shield was surmounted by
an imperial crown, and sup
i
t
54
This is graphically set forth in a petition from a number of conquerors,
in Col. Doc. Ined., i. 526-30.
55
Ceynos recommended entailed grants, with enriquena clause, of most
land, and in large lots, say to about 400 deserving men in all, 200 of whom
were to reside at Mexico, paying one tenth of revenue to the crown. Smaller
grants lead to extortion. Carta, in Icazbalceta, Col. Doc., ii. 158 et seq., 237.
The representations of the friars, headed by Valencia and Betanzos, are given
in Id., 156, 190, and others appear in Pacheco and Cardenas, Col. Doc., iv.
566-71, xi. 197-8, xii. 123-6, 140, xvi. 560.
56
See his letters in Id., ii. 183-5, Florida, Col Doc., i. 122, and Ternaux-
Compans, Voy., serie i. torn. x. 364, wherein he also exposes the corregidores
HIST. MEX., VOL. II. 22
338 THE SECOND AUDIENCIA AND ITS REFORMS.
"All of us
aged and infirm, and very poor, burdened
with sons, and daughters to marry, and with grand
children and so we live in trouble and misery
"
; a
sentence which may possibly belie itself, however.
But let the old soldier grumble it gives us pleasure
;
121-33; Ordenes de la Corona, MS., i. 1-6, 60-4; Alfonso el Sabio, Las Siete,
Partidas, i.-iv. ; Recop. de Indias, i. 570; ii. 157-8, 197; Cortes, Escritos
Sueltos, 75 passim; Ramirez, Doc., MS., 269-362, 399-402; Daran, Hist.
Ind., MS., 517-25; Mendieta, Hist. Ecles., 224 passim; Vireyes, Instruc.,
MS., serie ii. pt. i.; Gonzalez Ddvila, Teatro Ecles., i. 20-4, 71, 80-6, 262;
Arroniz, Hist. Orizaba, 314-15; Medina, Chr6n. de San Diego, 9, 10, 19-20,
242-3, 256; Ddvila Padilla, Hist. Fvnd. Mex., 1-54, 126^9; Prescott s Hex.,
ii. 477, 311-33; also notes in Mex. eds., i.-ii ; Humboldt, Essai Pol., i. 164,
182; Fernandez, Hist. Ecles., 47-96; 112-13, 156-9; Peralta, Not. Hist., 136-7;
164-8, 276-9; Beaumont, Cr6n. Mich., iii. 210 passim; iv 51, 85-96, 115-16,
571-90; v. 229, 287-9; Ddvila, Continuacion, MS., 30, 284-93, 312; Busta-
mante, Necesidad, 41-3; Monumentos Domin. Esp., MS., 8, 62, 72-6; pt. v
6, 7, 34, 41, 45-50; pt. vi. 322-9; Escosura, Conjuracion, ii. 48-62; Burgoa,
Geog. Descrip. Oajaca, i. 3-64; ii. 380-97; Villa Senor, Theatro, i. 13-14; ii.
112; Lerdo de Tejada, Apunt. Hist., pt. iv. 248-52; Montemayor, Svmarios,
ii.-iii. passim; Alaman, Disert., i. 250-70,
pto i. 87-105, 175-81, 209-36; pt.
app. 29-30, 125, 215-22; ii. 20-33, 151-96, 307-16, app. 15-49; Burgoa,
Palestra Hist., 1-15; Concilios Prov. 1555 y 1565, 29-34, 227-82; Salazar,
Mex., 1554, 303-7; Salazar y Olarte Conq. Mex., 346-52, 398-441; Cortes,
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Not. Ciudad, 265; Lacunza, Discursos Hist., pt. xxxiii. 458-60; Vetancvrt,
Menolog., 485; Id., Chron., 26-48; Id., Trot. Mex., 28-54; Id., Puebla, 54-6;
Zamora, Bib. Leg. Ult., ii. 374-418; v. 149-306; Museo Mex., iii. 82; Brasseur
de Bourbourg, Hist. Nat. Civ., iv. 723-74; La Ilustracion Mexicana, i. 345-9;
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Manifesto al Rey., 22-6; Mex. Mem,. Agric. 1843, 9, 10; Peter Martyr, de
Insvlis, 147-57; A a, Naaulceurige Versameling, xxviii.; Dice. Univ., i. 356-8,
500-13; ii. 475-510; v. 578; vi. 475-8; Viii. 62-3, 135, 213 et seq.; ix. 412-13;
x. 746-69; Reales Cedulas, MS., i. 148-9; Granados, Tardes Am., 28-338;
Evans Sister Rep., 42; Fundacion, Prov. Santiago, MS., 1, 2, 15; Helps
Span. Conq., iii. 114 et seq.; iv. 354; Id., Cortes, ii. 176-82, 248-58; Caw,
Tres Siqlos, i. 66-116; Clemente, Tablas ChronoUg., 173-220; Remesal, Hist.
Chyapa, 10-13, 35^1, 104-11, 479; Revilla, Resumen Hist., 481-8; Soc. Mex.
v. 325-6;
Geog. Boletin, i. 228, 828-41; ii. 7, 137, 254-63, 434-44; iii. 347;
x. 108-13; xi. 501; Zamacois, Hist. Mex., iv. 197 passim; v. 71, 165; x.
1208-9; Santos, Chron. Hospitalaria, 433, 473; Pap. Francis, MS., i. pt. i.;
Larenaudi&re, Mex. et Guat., 152-8; Mazariegos Chiapa, 33-43; Laharpe,
Abrege, x. 62-122; Rivera, Hist. Jalapa, i. 46-60; Campbell s Hist. Span. Am.,
41; Diorama, 169-70; Cortes, Brieven, ii. 290-3; Sandoval, Hist. Carlos V., i.
895; Nouv. Bib. des Voy., 124-7; Pimentel, Mem. Lit. Actual, 168-76; Guerra,
N. Esp., ii. 608-10; Alegre, Hist. Comp., i. 213-16, 434-9; Voyages, New Col,
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175-90; Frost s Pic. Hist. Mex., 130-4; Garcia, Hist. Beth., liii. 19-20;
Youngs Hist. Mex., 46; Bussierre, L
Emp. Mex., 356-80; Sanchez, Pueb.
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Meisen, iv.; Cortes, Aven. y Conq., 289-304; Dunbars Mex. Papers, 192;
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280-97; Fossey, Mexique, 501 j Grijalva, Cronica, 2-9,