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54

THE PHILIPPINE ISLANDS

[Vol. 2

going on the expedition who take horses, may take two Indian slaves apiece. Land is to be assigned to the colonists, of which they are to have perpetual ownership after a four years' residence.^[1] Encomiendas of the Indians may be assigned "for such time as you wish, under the instructions and ordinances given you." The treaties with the Portuguese crown in regard to the demarcation and the Moluccas must be strictly obeyed.^[2] The agreement with Mendoza, viceroy of New Spain, that he shall have a one-third interest in the fleet is confirmed. No excise duty is to be levied "for ten years, and until we order to the contrary." A hospital is provided for by one hundred thousand maravedis taken from fines. The hospital also is to receive the rights of

↑ This compares favorably with the homestead law of the United States. The institution mentioned in the next sentence apparently was peculiar to Spanish colonial administration in America. Its origin was in the repartimiento, which at first (1497) meant a grant of lands in a conquered country; it was soon extended to include the natives dwelling thereon, who were compelled to till the land for the conqueror's benefit. In 1503 encomiendas were granted, composed of a certain number of natives, who were compelled to work. The word encomienda is a term belonging to the military orders (from the ranks of which came many officials appointed for the colonies), and corresponds to our word "commandery." It is defined by Helps (practically using the language of Solorzano, the eminent Spanish jurist), as "a right conceded by royal bounty, to well-deserving persons in the Indies, to receive and enjoy for themselves the tributes of the Indians who should be assigned to them, with a charge of providing for the good of those Indians in spiritual and temporal matters, and of inhabiting and defending the provinces where these encomiendas should be granted to them." Helps has done good service to historical students in recognizing the great importance, social and economic, of the encomienda system in the Spanish colonies, and its far-reaching results; and in embodying the fruits of his studies thereon in his Spanish Conquest in America (London, 1855-61), to which the reader is referred for full information on this subject; see especially vols, iii, iv.
↑ See the Treaty of Zaragoza, vol. i, p. 222.

[1] This compares favorably with the homestead law of the United States. The institution mentioned in the next sentence apparently was peculiar to Spanish colonial administration in America. Its origin was in the repartimiento, which at first (1497) meant a grant of lands in a conquered country; it was soon extended to include the natives dwelling thereon, who were compelled to till the land for the conqueror's benefit. In 1503 encomiendas were granted, composed of a certain number of natives, who were compelled to work. The word encomienda is a term belonging to the military orders (from the ranks of which came many officials appointed for the colonies), and corresponds to our word "commandery." It is defined by Helps (practically using the language of Solorzano, the eminent Spanish jurist), as "a right conceded by royal bounty, to well-deserving persons in the Indies, to receive and enjoy for themselves the tributes of the Indians who should be assigned to them, with a charge of providing for the good of those Indians in spiritual and temporal matters, and of inhabiting and defending the provinces where these encomiendas should be granted to them." Helps has done good service to historical students in recognizing the great importance, social and economic, of the encomienda system in the Spanish colonies, and its far-reaching results; and in embodying the fruits of his studies thereon in his Spanish Conquest in America (London, 1855-61), to which the reader is referred for full information on this subject; see especially vols, iii, iv.

[2] See the Treaty of Zaragoza, vol. i, p. 222.

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