Note III-2 — Chapter III · DISCOVERY OF DARIEN.

Usually two royal officers went out by each departure; a treasurer to take charge of the gold, and a notary to watch the treasurer and write down what was seen and done. The government was exceedingly strict in its regulations of discoveries by sea, as well as in all matters relative to commerce and colonization. Notice was given by Ferdinand and Isabella September 3, 1501, by Charles V. November 17, 1526, and by Philip II. in 1563, that no one should go to the Indies except under express license from the king. In 1526 Charles V. ordered that the captain of any discovering or trading vessel should not go ashore within the limits mentioned in his patent without the permission of the royal officers and priests on board, under penalty of confiscation of half the goods. The law of 1556 stipulates that ships must be properly equipped, provisioned for one year, always sail in pairs, and carry in each two pilots and two priests. In his ordenanzas de poblaciones of 1563 Philip II. directs that vessels making discoveries shall carry scissors, combs, knives, looking-glasses, rifles, axes, fishhooks, colored caps, glass beads, and the like, as means of introduction and traffic. Recopilacion de Leyes de los Reynos de las Indias, ii. 6-7. In regard to the share of the crown in the gold gathered our popular writers seem to have found original authorities somewhat vague. It is clearly enough stated that settlers are to pay two thirds; the question is whether in relation to discoverers gold is included in products of which one tenth was to go to the crown, or whether the exception to a rule was unintentionally omitted. Mr Irving glides gracefully over the difficulty with the same degree of indefiniteness that he finds in the authorities. Mr Prescott states positively, History of Ferdinand and Isabella, ii. 488, that 'the ships fitted out under the general license were required to reserve ... two thirds of all the gold' for the crown, quoting Muñoz and Navarrete as vouchers, the words of neither justifying the statement. Muñoz, Hist. Nuevo Mundo, i. 240, says, 'se concedió á todos generalmente, sin mas gravamen que pagar la décima de lo que se rescatase,' while Navarrete, Col. de Viages, ii. 167, printing the real provision itself, states simply 'es nuestra merced que de lo que las dichas personas hallaren en las dichas islas é tierra-firme hayan para sí las nueve partes, é la otra diezma parte sea para Nos.' The misstatement of the talented author of Ferdinand and Isabella is rendered all the more conspicuous when on the very next page quoted by him Muñoz settles the whole matter exactly contrary to Prescott's account. 'todos se permitió llevar víveres y mercancías, rescatar oro de los naturales contribuyendo al rey con la décima.' And after thus stating distinctly that all might trade with the natives for gold on paying one tenth to the crown, he gives the reason why miners must pay two thirds to the crown; or if the recipient of pecuniary aid from the crown, then four fifths; it was because of the supposed exceeding richness of the mines, the ease with which gold could be obtained; and, further, the dependence of the crown on its mines, more than on anything else for a colonial revenue. Prior to 1504 the regulation of the royal share was not fixed, some of the traders paying one tenth gross, some one fifth gross, and some one fourth net. Bobadilla, in 1500, granted twenty years' licenses to settlers in Española to work gold mines by paying only one eleventh to the crown. Summarizing the subsequent laws upon the subject, we find ordered by Ferdinand and Isabella, February 5, 1504, reiterated by Philip, 1572, that all dwellers in the Indies must pay to the crown one fifth of all gold, silver, lead, tin, quicksilver, iron, or other metal obtained by them; likewise traders were to pay one fifth of all gold, silver, or other metals, pearls, precious stones, or amber obtained by them. September 14, 1519, Charles V. declared that of all gold received in trade from the natives one fifth must be paid to him; and March 8, 1530, he said that where a reward has been promised to a prospector of mines the royal treasury would pay two thirds of that reward, and the private persons interested one third. It was ordered September 4, 1536, and reiterated June 19, 1540, that all persons must pay the king's fifth on the before-mentioned articles, whether obtained in battle or by plundering-expeditions, or by trade. Of all gold, silver, pearls, and precious stones received as ransom of a cacique or other principal personage the king was to have one third; the remainder, after deducting the king's fifth, was to be divided among the members of the expedition. Of the spoils secured from a cacique slain in battle, or executed, one half was the crown's, and one half, except the king's fifth, the property of the conquerors. June 5, 1551, it was ordered, and reiterated August 24, 1619, that beside the king's share, there be levied a duty of 1½ per cent. to pay for smelting, assaying, and stamping. By the ordenanzas de poblaciones of Philip II., 1563, the adelantado of a discovery by land, and his successor, and the settlers were to pay the crown but one tenth on metals and precious stones for the term of ten years. Recop. de Indias, ii. 10, 68, 75-7, 79, and 480-1.