Page:Vol 2 History of Mexico by H H Bancroft.djvu/172

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152
ORDINANCES AND STATESMANSHIP OF CORTÉS.

officials.[1] The result was a series of decrees, ordering that illegally enslaved beings should be released, that enslavement must be effected only before royal officials, and so forth, all admirable in tone, and commended to the clergy for enforcement; but the mere permission to enslave rebellious natives opened the door to many and great abuses, and the royal officials were ready enough to lead the way.[2] As for tenure of encomiendas, they were confirmed to the holder for life, subject to good conduct, and though reverting to the crown upon his death, they were generally given to his descendants, in part at least.[3] Others were by special decrees conferred in perpetuity on certain prominent families, including several native princely houses.[4] For the crown were set aside the ports, the leading towns, or capitals of districts, and other select tracts.[5]

For a long time the encomenderos stood between the crown and the natives as subordinate tribute col-

  1. Cortés explains to the sovereign that on perceiving this deterioration he gave certain towns in repartimientos, to the immediate increase in revenue, and he therefore recommended the transfer of others. Cartas, 331-2. This is confirmed by Zumárraga's report. Ramirez, Doc., MS., 273. Tlascala had to remain under the crown, but officials watched over the produce yield. Ixtlilxochitl claims that Tezcuco declined under its condition as crown property, while low-born collectors abused the impoverished lord and nobles. Rel., 391.
  2. Indians were intimidated to submit to what was called just enslavement, or voluntary service in mines, and thus the laws of 1526 and 1528 were nullified. Soon after enslavement in war was forbidden, and finally slavery was abolished, only to rise again under the term of peonage. For cédulas see Puga, Cedulario, 16, 17, 21; Col. Doc. Inéd., i. 111-19; Recop. de Indias, i. passim; Zamora, Bib. Leg. Ult., iii. 30 et seq.; Torquemada, iii. 254-5; Quiroga, in Pacheco and Cárdenas, Col. Doc., xiii. 425. In 1537 Tlascala decreed the liberation of all her slaves, an example commended by the viceroy. Id., ii. 202.
  3. This inheritance was confirmed by cédula of June 16, 1535, Puga, Cedulario, 108; and opened the way for new abuses, hasty marriages being formed to retain the grants, as Mendoza complains. Carta, in Florida, Col. Doc., 126.
  4. Such as Pedro de Montezuma, whose heirs, the dukes of Atlixco, enjoyed in 1699 an immense income chiefly from encomiendas bought back by the government. See Hist. Mex., i. 460, this series, and Fonseca, Hist. Hacienda, i. 426. Encomiendas were gradually absorbed by the crown, either by reversion or purchase, and the natives became nominally free, a condition for which they grew more fitted as the new civilization, with its arts and industries, spread among them.
  5. Zamora, Bib. Leg. Ult., vi. 81. With this order Cortés had already complied, though he failed not to remonstrate against crown tenure, suggesting that at least different measures from those prevailing should be adopted for administering them.