Note 21 — I. Agriculture and Landholding at the Time of the Discovery and Conquest

“According to the constitutional law of the Indies the land and the soil in all colonies were the domain of the king; therefore the encomiendas, which were granted only to discoverers and other men of conspicuous merit, were to be considered not so much as landed estates as public offices. (Compare “Recopilación,” ’IV 8, 9, 11.) The encomendero was appointed and sworn (law of 1532) for the express purpose of giving his natives military protection (law of 1552) and of promoting politically and religiously their conversion to civilization (laws of 1509, 1554, 1580). Whoever neglected to do this lost his encomienda (laws of 1536, 1551). It is characteristic that the Spaniards so readily combined the functions of discoverers, pacificators, and founders of settlements; as a matter of fact most of the Indian races were led to civil life, in our sense of the word, by them. In order to prevent extortion no encomendero could own a house in his village or stay there more than one night (law of 1609, 1618). Not even his nearest relatives or his slaves could enter the encomienda (law of 1574, 1550, and often). He was forbidden to maintain any industrial establishment in the encomienda (law of 1621), or to take into his house any of the inhabitants (law of 1528). That the natives were free men, that they could not be sold by an encomendero, was recognized in many laws. (“Recopilación,” VI, 2, I, II). After the legislation of 1542 some of the natives were the immediate subjects of the king, and the rest dependents attached to the encomiendas. The former paid three-fourths of their taxes to the treasury, and the latter the same proportion to their landlords. The right of holding an encomienda was granted, regularly for two generations, except in New Spain, where, on account of the very unusual services rendered by the conquerors, it was granted for three and even four generations. (Ibid. VI, 11, 14.) During the 18th century many of the families of the landlords died out and their possessions were not again granted. The authorities always interested themselves in the cause of the natives, until at length Charles III abolished the encomiendas.” (W. Roscher (1904) “The Spanish Colonial System,” pp. 4–5.)