after the Conquest of Mexico. 145 afterwards, the power of Cortes was a matter B. XIV. which excited the jealous apprehensions of the Ch. 2. Spanish Court. In those days, when publicity was more difficult than it is now, injurious rumours about a man did not come so easily to that point at which they may be publicly denied. Nor were there the ready means of publicly denying them. That Cortes had buried Montezuma's gold, that he took upon himself almost regal state, and that his fidelity was dubious, were prevalent reports in Spain; and Ponce de Leon carried out with him secret instructions to investigate the accusations against Cortes, and, if he found them true, to send him a prisoner to Spain. If not true, Cortes was to receive the appointment of CaptainGeneral. Leon's One morning in July of the year 1526, Ponce Ponce de de Leon arrived at Mexico, and was received by arrival, Cortes with all the proper demonstrations of July, 1526. respect. After the ceremonies which have already been described* had taken place, the Residencia was proclaimed by a herald stating that whoever felt himself aggrieved should now make his complaint. What confusion such a proclamation must have created in a Government so unprecedented as that of Cortes, may be imagined: and I cannot but think that this practice of taking Resi residencias, apparently a very plausible one, was the Indies. wholly inapplicable to the government of the Indies. Had the Indians themselves been able dencias in Ch. 2. 146 History of "Encomiendas." B. XIV. to lodge their complaints against the Spanish conquerors, it might have been some protection for them, but we never hear of their being allowed to come into Court; and the facility of making complaints against the Governor, which these residencias afforded, must have rendered him, unless a very stern man, singularly pliable to the wishes of his captains, the very men against whom he had to protect the Indians. Had Cortes resisted the "importunity" before alluded to, would he not have had additional enemies to dread at this residencia? As NOTE.-Referring to p. 134, it appears that the number of Indians taken out of any pueblo for mines, public works, and agriculture, is not very great. But the truth is, that these proportions were probably not maintained, and that more Indians were demanded, and kept for a longer time, than the law allowed. might be expected, there is very little direct evidence on this head. I have, however, a copy of a letter (which is in the Muñoz collection) addressed to the King by an obscure monk, who was not in any official position, and whom pity and Christian charity alone induced to write. 66 Aunque ni mi bajeza de lugar para escrivir á Vuestra Alteza ni yo de oficio sea á ello obligado, por ser un Religioso simple, pero porque sé que segun lo que son V. S. por si mismos i por lo que los toca por la representacion que tienen i en el lugar en que estan, i que desean ser informados de las cosas de esta tierra, i aun tambien por la lastima que yo della i de su perdicion tengo, i por lo que la ley de cristiano i religioso de la orden de Santo Domingo me obliga aunque como digo no haya porque yo pueda escribir."-FRAY DOMINGO DE SANTO TOMAS al REY, Col. de Muñoz, tom. 85. His letter is dated 1550. He lived in Peru, and he says that in ten years, one half, or even two-thirds, "of men, cattle, and the works of men" had been destroyed-". hoy ha diez años que ha que yo entré in ella, hasta ahora no hai al presente la mitad i de muchas cosas dellas ni aun de tres partes la una, sino que todo se ha acabado." This destruction was greatly owing to the wars in Peru; but in the course of the letter, the monk gives an elaborate account of the horrible sufferings and privations of the Indians in the mines of Potosi; and his conclusion is, that none of the Indians who were Destruction of the Indians. 147 taken in repartimiento to work at these mines, returned to their own country." Se mueren los pobres como animales sin dueño, ... los que de esto se escapan jamas buelben a sus tierras." The mines at Potosi may have been, and probably were, especially ill managed; but similar causes must have ensured similar results throughout the Spanish possessions, and a recurring series of deaths must have made the repartimiento a much more fatal burden than it appears to be, according to its legal definition. That the mines in New Spain were also very fatal to the natives of that country appears from the evidence of Father Motolinia, before cited. In the description which he gives of the "ninth plague," he dwells much upon the loss of life amongst the Indians employed "in the service of the mines." They came from seventy leagues and upwards, he says, bringing provisions, and whatever was needful. And when they had arrived, the Spanish mine-masters would detain them for several days, to do some specific work, such as blasting a rock or completing a building. The provisions they had brought for themselves were soon exhausted; and then the poor wretches had to starve, for no one would give them food, and they had no money to buy it. The result of all this atrocity and mismanagement was, that some died on their way to the mines; some at the mines; some on their way back; some (and these were most to be pitied) just after they had reached home. "Volvian tales que luego se morian." The number of deaths was so great, that the corpses bred pestilence; and mentioning one particular mine, Motolinia affirms that, for half a league round it, and for a great part of the road to it, you could scarcely make a step except upon dead bodies or the bones of men. The birds of prey coming to feed upon these corpses darkened the sun. "Y destos, y de los esclavos que murieron en las minas fué tanto el hedor que causó pestilencia, en especial en las minas de Guaxacan, en las quales media legua á la redonda y mucha parte del camino apenas se podia pisar sino sobre hombres ó sobre huesos. Y eran tantas las aves y cuervos que venian á comer sobre los cuerpos muertos que hazian gran sombra á el sol."-MOTOLINIA'S LETTER (1541) to DON ANTONIO PIMENTEL. MS. B. XIV. Ch. 2. CHAPTER III. MEANING OF THE WORD RESIDENCIA-ORIGIN OF THE PRACTICE OF TAKING RESIDENCIAS IN B. XIV. Ch. 3. a process ment. CASTILLE AND ARAGON - THE GOOD AND EVIL S several of the personages of greatest note in the early history of the Indies had to Residencia suffer under a process of impeachment (which of impeach- appears strange to our eyes, from its frequency and regularity) called a residencia, and as the practice of instituting such impeachments reached its utmost development in the Spanish colonial possessions, it becomes necessary to endeavour to understand the origin and nature of a residencia. Origin of the word. It occurs in the The derivation of the word is simple enough. The judge or governor subjected to this kind of impeachment was compelled, on laying down his office, or being deposed from it, to reside for a certain term at the chief place where he had exercised his functions. This enforced residence, being one of the most obvious facts connected with the process, gave the name to it. The first instance that I have met with of the Theodosian word reside being used in the secondary sense of investigating, or taking a residencia, is to be found in the Theodosian Code.* From thence it would na Code. *"Residere dicuntur de re -Glossarium Nomicum Codicis quapiam cognoscentes Judices." Theodosiani. turally make its appearance in the Visi-gothic codes, B. XIV. which combined the Visi-gothic and the Roman law. Ch. 3. Throughout the early records of Spanish legislation a steady and uniform distrust of judges may be traced. In the Fuero Juzgo,* a Visigothic code, to the original of which the year 700 is assigned as a probable date, there is careful provision made for a remedy against unjust judges; and, in a spirit which shows there must have been considerable liberty, it is decreed that the judgment which had been given by command of the King, or through fear, if it be a wrong judgment, is not to have any force. ‡ It is said that King Ferdinand the Catholic brought this "remedy" of the residencia from Something Aragon. It is curious, however, that the word similar to a residencia does not, as far as I have seen, occur in in Aragon. the summary of the fueros of Aragon. But a antel principe aquel iudez. Et "Quicumque residentibus Sa- | acabado. é complido, puede apellar cerdotibus fuerit Episcopali loco detrusus et nomine, si aliquid vel contra custodiam vel contra quietem publicam moliri fuerit deprehensus, rursusque Sacerdotium petere, a quo videtur expulsus, procul ab ea Urbe quam infecit, secundum legem Divæ memoriæ Gratiani, centum milibus vitam agat: Sit ab eorum cœtibus separatus, a quorum est Societate discretus." Codex Theodosianus, lib. 16, tit. 2, sec. 35. * A corruption from Forum Judicum. "Que iuyzio que es dado por mandado del rey ó por miedo, si es tortizero, que non vala.”— Fuero Juzgo, lib. 2, tit. I, sec. 27. § "Cuio remedio el Rei Cató"Et todo ome que dize, que lico D. Fernando V. traxo de á el iudez por sospechoso, sis Aragon."-HERRERA, Hist. de quisiere dél querellar mas ade-las Indias, dec. 5, lib. 5, cap. 5. lantre, pues quel pleyto fuere residencia 1467. |