The said _Audiencias_ shall enquire how the Indians have been treated
by the persons who have held them in _encomienda_; and, if it should
appear that they ought in justice to be deprived of their Indians,
owing to excesses and ill treatment of them, we order that they be
promptly so deprived, and that such Indians be placed under [the
protection of] our Royal Crown. The Viceroy and the _Audiencia_ shall
furthermore enquire, with reference to settlers in Peru, into the
excesses which followed the affair between the Governors Pizarro and
Almagro, in order to send us a report on the subject; and from the
leaders whom they find chiefly to blame in those revolutions let them
take any Indians they hold, and place them under the protection of our
Royal Crown.
We further order and command that from now forward no Viceroy,
Governor, _Audiencia_, explorer, or other person whatsoever, has the
right to allot Indians in _encomienda_ whether by original indenture,
transfer, gift, sale, or in any other form or manner, nor by voidance
or inheritance; but when a person who owned Indians dies let them be
placed under our Royal Crown. It shall be the duty of the _Audiencias_
to forthwith inform themselves specially about the person who dies,
his condition, merits and services, how he treated the Indians he
held, whether he left wife and children, and what other heirs, and to
send us a report of the nature of the Indians and the estate, that We
may dispose what may be proper for our service, and grant such aid as
shall seem good to us to the widow and children. If in the meanwhile
it should appear to the _Audiencia_ that it is necessary to provide
some maintenance for such widow and children it may be done by making
them a moderate allowance from the tribute to be paid by the said
Indians, the Indians themselves remaining under our Royal Crown as
above stated.
XIII. We order and command that our said Presidents and Judges take
great care that Indians who become liberated or unclaimed in any of
the above ways be very well treated, and instructed in the doctrines
of our holy Catholic faith, and remain, as our subjects, free men.
This is to be their principal care and that to which we would have
them pay particular attention, and in which they can best serve us;
and let them see to it that the Indians are governed with justice in
the orderly way that the Indians who are under the protection of our
Royal Crown are now governed in New Spain.
Public-domain text, read in full here on John Shaqi.
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