Page:Vol 2 History of Mexico by H H Bancroft.djvu/343

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INSTRUCTIONS.
323

man, if not guilty, should return to Pánuco.[1] The estates of Cortés should be restored, and friendly relations maintained. This applied also to adherents who had suffered in his cause,[2] and to all whose property had been unjustly seized.

In distributing encomiendas they should give conquerors the preference, without favoritism, the limit for such grants in the towns being two hundred pesos income.[3] The towns might for the present elect their own alcaldes. Sumptuary laws should be enforced with more strictness, since extravagance in dress and living was a cause for oppressing the natives. Gambling must be punished, yet the fines imposed for offences committed in this respect during the period of conquest were to be remitted, except in extreme cases.[4] Concubinage must be suppressed, yet in such a manner as to cause no social disturbance. While the maintenance of harmonious relations with the clergy was a duty, as otherwise the salvation of souls would be unattainable, they were instructed to report, after their acquaintance with the country, whether the actual bishops of Mexico and Tlascala were fitted to occupy those positions, and if it were not well to increase the number of bishoprics. The crown had been informed that, contrary to the agreement made with all bishops of the Indies, the two referred to were in the habit of collecting personal tithes; this must be strictly prohibited in any form. Friars could

    be taken by deputies. Alguacil Mayor Proaño should, if reinstated, as not guilty, be restricted to the power enjoyed by similar officers in Valladolid and Granada.

  1. Or a lieutenant should be appointed. Puga, Cedulario, 45. It was pointed out afterward that this province was too poor to support a governor, and Fuenleal recommended the appointment of a settler as alcalde mayor, for sole ruler, with some deputies to collect taxes. Carta, in Pacheco and Cárdenas, Col. Doc., xiii. 222.
  2. Such as Paz' brothers, Altamirano, who returned to testify against Guzman, Ordaz, and others.
  3. All petitions to the emperor in this and other cases should first be examined by the audiencia, to guard against unfounded pretensions and statements.
  4. By decree of 1530 Cortés was ordered to have restored to him 12,000 pesos in fines for eight years of gambling. Pacheco and Cárdenas, in Col. Doc., xii. 510. Regulations were also issued to restrict gambling. Puga, Cedulario, 70; Ordenes de la Corona, MS., i. 60-4.