Note V-7 — Chapter V · ADMINISTRATION OF THE INDIES. 1492-1526.

Repartimiento, a distribution; repartir, to divide; encomienda, a charge, a commandery; encomendar, to give in charge; encomendero, he who holds an encomienda. In Spain an encomienda, as here understood, was a dignity in the four military orders, endowed with a rental, and held by certain members of the order. It was acquired through the liberality of the crown as a reward for services in the wars against the Moors. The lands taken from the Infidels were divided among Christian commanders; the inhabitants of those lands were crown tenants, and life-rights to their services were given these commanders. In the legislation of the Indies, encomienda was the patronage conferred by royal favor over a portion of the natives, coupled with the obligation to teach them the doctrines of the Church, and to defend their persons and property. It was originally intended that the recipients of these favors were to be the discoverers, conquerors, meritorious settlers, and their descendants; but in this as in many other respects the wishes of the monarchs and their advisers did not always reach the mark. The system begun in the New World by Columbus, Bobadilla, and Ovando was continued by Vasco Nuñez, Pedrarias, Cortés, and Pizarro, and finally became general. Royal decrees upon the subject, which seemed to grow more and more intricate as new possessions were pacified, began with a law by Ferdinand the Catholic in 1509, reiterated by Philip II. in 1580, to the effect that immediately upon the pacification of a province the governor should divide the natives among the settlers. The natives thus distributed were held for a term of years, or during the life of the holder, or for two or more lives—that is, during the life of the first holder, and that of his heir, and perhaps that of his heir's heir, or until the king should otherwise decree. Solorzano, De Indiarum Jure, ii. lib. ii. cap. i.; Acosta, De Procur. Ind., iii. cap. x. When by this course three fourths of certain populations had been 'recommended' to their death, at the representation of Las Casas, the king in 1523 decreed that 'as God our lord had made the Indians free,' they must not be enslaved on this or any other pretext; 'and therefore we command that it be done no more, and that those already distributed be set at liberty.' Remesal, Hist. Chyapa, 10. But by this abolition the destruction of the colonies was threatened. Petition followed petition for the restoration of the system, until the king finally yielded. Solorzano, Política Indiana, i. 225. In 1542 encomiendas were again abolished, and again the king was obliged to restore them. Meanwhile every effort possible was made by the crown to prevent abuses. The encomendero must fulfil in person the intention of the law. He must not leave without permission from the governor, and then his duties must be delegated to a responsible agent. If away for four months without permission, his encomienda was to be declared vacant. The encomendero must not hire out any natives, or pledge them to creditors, under penalty of loss of Indians and a fine of 50,000 maravedís. No one could appropriate any natives except those legally assigned. When it was seen how those in office misused their power, in 1530, in 1532, in 1542, in 1551, and in 1563 all civil and ecclesiastical functionaries were forbidden to hold encomiendas; but in 1544 Philip II. excepted from this prohibition tenientes de gobernadores, corregidores, and alcaldes mayores de pueblos. Indians should not be given in encomienda to the daughters of royal officials, or to sons unless married. It was just and reasonable that the savages should pay the Spaniards tribute, for so God had appointed, so the pope had ordained, and the king had commanded; but it was the collection of this tribute only, and not the deprivation of liberty, or of any personal rights, that the encomienda was intended to cover. And for this tax, which whosoever enjoys the boon of civilization must surely pay, the vassal was to receive protection, and the still more blessed boon of Christianity. Nor must this impost under any consideration be made burdensome.

The manner of making assessments was minutely defined by edicts of Charles V. at divers dates from 1528 to 1555, and of Philip II. from the beginning to the end of his reign. In substance they were as follows. The king made responsible to him the viceroys, and the presidents and audiencias, who, by the aid of a commissioner and assessors, fixed the rates in their respective districts. The assessors having first heard a solemn mass of the Holy Ghost, in order to enlighten their understanding that they might justly regard the value of the rental and equitably determine the rate, they were to swear with all solemnity before the priest this to do without bias. They were personally to inspect all the pueblos of the province, noting the number of settlers and natives in each pueblo, and the quality of the land. They were to ascertain what the natives had originally paid to their caciques as tribute, and never make the new rate higher, but always lower, than the old one. For surely they should not be worse off in serving Spain than in serving their heathen lords. After thus carefully examining the resources and capabilities of the tributaries, and never infringing on the comfort of the women and children, the assessors should fix the rate according to God and their conscience. The natives might pay in money if they preferred, but payment should be required only in kind, in whatever produce grew on their lands. They must not be required to raise anything specially for this purpose; and from not over two or three kinds of produce should tribute be taken; a few chickens, or a pig or two, need not be counted at all. It was the intention of the monarchs that from a tenth to a fifth might in this way be taken, though the encomendero too often managed to get twice or thrice as much, or all the natives had. The Indians must be made to understand how the appraisement was made, and that it was not done in the interests of the Spaniards alone. Then the assessor must put in writing what each had to pay, and leave the original with the cacique, giving one copy to the encomendero, and sending one to the Council of the Indies, or to the viceroy, or to the audiencia. For the encomendero to practise extortion, or demand more than the schedule called for, there were pronounced the severest penalties, even to the loss of the encomienda and half his goods. Natives voluntarily coming forward and entering in encomienda were excused from paying tribute for ten years; and, in any event, for the first two years after congregating in pueblos but one half the usual tribute could be legally exacted. Males were taxed after the eighteenth year; caciques, elder sons, women, and alcaldes in office were exempt. After the gift, the encomienda was the property of the encomendero, not to be taken from him before the expiration of his term without cause. In every encomienda there must be a church, and where there was none, the natives must be stimulated to build one, the priest to be paid out of the rental. In every pueblo of 100 or more natives, two or three must be taught to sing, so that they might act as choristers; also a native sacristan—these to be exempt from tribute. In 1568 Philip II. ordered that no encomendero should receive a rental of over 2000 pesos; any excess was to be returned to the crown and employed as pensions. The same monarch directed in 1573 that when an encomienda fell vacant, a viceroy or governor might, if he deemed best, appropriate the rental to benevolent objects, and defer granting it again till the king's pleasure should be known. And again, in 1583, that the encomendero must have a house of his own, built of stone for purposes of defence, in the city of his residence; and he must keep his family there. He should maintain no house in the town of the Indians, nor should he have any building there except a granary. In 1592 it was decreed that Indians in encomienda could be given to none but residents in the Indies. When an encomienda became vacant, so it was decreed in 1594 and subsequently, the fact was advertised for from twenty to thirty days, during which time applicants might prefer their respective claims, and recite services rendered the crown by themselves or their ancestors. Preference was always to be given to the descendants of discoverers and settlers. Two or three small encomiendas might sometimes be joined in one. And never might religious training be forgotten; when the rental was not sufficient for the support of the encomendero and the instructor, the latter must have the revenue. Felipe III. in 1602, 1611, 1616, 1618, and 1620, decreed that as a rule but one encomienda could be held by one person; still more seldom could one be given up and another taken. There was to be no such thing as commerce in them. They were a trust. Much evil had arisen from dividing encomiendas, and it should be done no more. Felipe IV. in 1655 ordered that governors under royal commission and those named by the viceroy ad interim might give Indians in encomienda, but alcaldes ordinarios holding temporarily the office of governor were not allowed this privilege. Recop. de Indias, ii. 249-284 and passim. Finally, toward the close of the seventeenth century, the monarchs, becoming more and more straitened in their need of money, ordered that encomenderos should pay a portion of their revenue to the crown; then a larger portion was demanded; and then the whole of it. In 1721 the system came to an end. But after endeavoring for two hundred years to get back what they had given away, the monarchs found there was nothing left of it, the natives having by this time merged with sometimes slightly whitened skins into the civilized pueblos.