The royal commentaries of Peru : in two parts / written originally in spanish by the Inca Garcilasso de la Vega; rendred into english by sir Paul Rycaut.

BooK III. Roy~f Commentaries. Afrer his Imperial Majeíl:y had duly heard and conftdered ali that the Frier had co offer, he affembled h¡s great Council, ro which he farther added feveral grave and learned perfons both Prelates and Lawyers; and, having laid.befare them flie panicular Laws and new Eíl:ablifhn:enrs, t~ey were app'.oved, a~d paífed by ~he major part of che Affembly ; notw1rhfiandmg many bemg of a d1fferent op1mon diffentéd from the Majority, and declared their Votes to the comrary ; amongíl: which were che Cardinal aforementioned; Preftdent of the Council, the Bifhop . of Lugo, Don rahn Suarei:, de Carvajal ( with whom I was once acquair.ted) Francif ' co de los Covos, Secretary to his Majeíty, Don Sabaftian Rt1_mirei:. Biíhop of Cuenca and P.reftdem of Valladolid, who formerly had been Preftdent in St. Dwingo and Mexico; Don Garfia M anrique, Count of Oforno ánd Prefident. of Ordenes , who . (as Gomara fairh) bad for a long time been S.uper-lntendenc over the Affairs . of the Indies, during the abfence of Cardinal Garcia de Loayfa; ali which having · been long converfant, and Meo of experience in the Affairs of che Indies, did diílike and difapprove che new Laws and Ordinances, which were 4ó in number, as difagreeable to che natural Confiitutions of rho(e Counrries and People. How- foever the Carne were paífed and confirrned by the Emperour in Barcelona, on che zoth of November, 1 542. as Gomara, in Chap. 1 p. relates: and the Battel of Chu- fM was fought between rhe Governour Vacca de Caftro, and Don Diego Almagro Ju- nior, on the 1 5th of September, of the fame year, being two monthsand five days·be- fore thefe Laws were ftgned and paffed : by which it may plainly appear how much rhe Devil was concerned to diíl:urb and hinder the propagation óf che Gofpef in Peru : forno fooner was one Fire extinguifhed, before another was fo a Flame more fierce and terrible than the former , occaftoned by tbofe Difcontents which aro[e from the new Coníl:itutions ' of which we fhall mention onely four, which are laid down by the aforefaid Authours, as mofi percinenc to che prefent Hiíl:ó- ryi, and are thefe which follow. - , . The firíl: Law was this, 'fhat after the Peath of che Conquerours and of thofe who had Plancations, and had built Citi~s, thofe who.were in poífeflion thereof .fhould liold them of the King, for thei.t Lives onely , withouc right of lnheri- ,tance defcending to their Wives and Children; but that wheil any one died che King íhould fucceed, giving to the Children fucha proporcion of che fraits thereof as might fupport and maintain them. . . , . .• That no Indian fhould be charged with any Tax d'r lmpofttiori unlefs fil chofe Countries where the Indians paíd not the fame by bodíly Labour; thac no Jndian' fhould be forced to labour in the Mines or fifh for Pearls; and that having paid a ,Tribute or Impofüion on bis Good~ to the Lord of che Manour or Freenold, he íhould be difcharged rrom corporal fervices. 'fhat the Lands and Plancat ions cultivated by Indians, which Biíhops or Mona- ·íl:eries, or Hofpirals held in the'ir own right,_ilioald be quitted by them, and vefted: in the King; and that ali Governours, Prehdems, Judges, Officers of Jufüce, and, their Depuries under them ; as alfo all the Officers of his Majeíl:ies revenue fhould' renounce and difclaim all Title :md Imereíl: to fuch Lands and Planiations of Jn- dians; and that no Officers of his Majeíl:y fhould be capable of keeping Jndian· Slaves, though rhey fhou\d reno¡.mce their Offices to be capacitated thereumo. . That ali fuch as have Lands in Peru; ( which is to be underfiood of thofe who: J1ave cornmand over Indians) and have had any concetnmenr, or been intereíl:ed ·in Ene late diíl:urbances between Don Francifco de Picarro and Don Diego de Almagro, niall lofe and forfeir ali their power and dominion over the Indians, as well one fide .as the other : by which Law and Coníl:itution (as Diego Fernandei:. w.ell ob- ferves ) ali P"ople w'ere comprehended, there noc being one perfon in ali Peru , who was capacirated either to hold Lands, or to enjoyan Efiate in ali that Coun:. Hy : ahd confequently all Perfons of Quality as well in new Spain as in PeriJ were excluded not onely by this, bue by themird Law; for ali ·or mofi of them had .been Governours, Jufüces, Deputíes or Officers of the Royal re~enue: fo that both thefe t1\ 1 0 Laws were as Toiles which caught every perfon, being fo cpmpre-. henÍ!ve , as to take in every perfon in che Indies , and by virtue chereof excluded them from all rheir Poffeflions: bm for the better underíl:anding of rhete Afü ; La ws and Conftituríons, and the groands thereof, we 01all menrion an.._d declare che Motives and Reafons which che Legiflarors pro duced and alledged for coníl:ituring and eíl:ahlifl1ing the fame. Andas ro the fir.íl: Aét or Ordinance we rnuíl: know, that in recompence and reward to rhe firf i D ifroverers and Conquerours of the· Oooó h~~