[26] The origin of the encomienda "was in the REPARTIMIENTO, which at first (1497) meant a grant of lands in a conquered country; it was soon extended to include the natives dwelling thereon, who were compelled to till the land for the conqueror's benefit. In 1503 ENCOMIENDAS were granted, composed of a certain number of natives, who were compelled to work. The word ENCOMIENDA is a term belonging to the military orders (from the ranks of which came many officials appointed for the colonies) and corresponds to our word commandery. It is defined by Helps (practically using the same language of Solorzano, the eminent Spanish jurist), as a right conceded by royal bounty, to well-deserving persons in the Indies, to receive and enjoy for themselves the tributes of the natives who should be assigned to them, with a charge of providing for the good of those natives in spiritual and temporal matters, and of inhabiting and defending the provinces where these ENCOMIENDAS should be granted to them." (Note, Bl. and Rb., Vol. 2, p. 54.) [27] "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,