and likewise of the persons most fit to make the discovery, they shall make a contract and agreement with them, offering them such honours and profits as may, with justice, and without prejudice to the natives, be so offered; taking care that said agreements be in conformity with the laws of this title, and to others which prescribe the forms of discoveries; and of all that they shall have ascertained and agreed upon, they shall inform the viceroy and the audience, and they shall transmit said information, in like manner, to the council, in order that if, after due examination, the discovery should be adjudged expedient, license may be granted to them agreeably to what is provided in that behalf.

56.-Lib. IV., Tit. 3, Law 8.-(Vol. 2, p. 9.)

The leaders of discoveries [adelantados,] superior alcaldes and corregidores, to contract for the founding of cities.

Among other matters which may be agreed upon with the leader of the discovery, [adelantados,] one shall be, that, within a certain time, he shall erect, found, build, and people, at least three cities, and a province with suffragan villages; and if he be a corregidore, a suffragan city, with a jurisdiction over a sufficient number of villages for the labour and supply of the city.

57.—Lib. IV., Tit. 3, Law 28.-(Vol. 2, p. 11.)

Those who faithfully fulfil their agreement, shall receive vassals and perpetual titles.

If the adelantado or principal chief shall have duly accomplished his voyage, and fulfilled his agreement, we will acknowledge his services and diligence by granting him for reward perpetual vassals, with the title of marquis, or some other, whereby we may honour his person and his house, agreeably to what shall have been settled by the contract.

58.-Lib. IV., Tit. 3, Law 24.-(Vol. 2, p. 11.)

The settlement being completed, the principal settler [poblador] may establish the right of primogeniture, and work the mines by paying one-fifth to the crown.

He who shall have performed his contract, and made a settlement in conformity to his agreement, is hereby empowered and permitted to establish therein the right of primogeniture [mayorazgo] to all that he shall have built, and to all that shall have been [ 34 ] granted to him, and the improvements he may have made within the same; also, the mines of gold and silver and other minerals, and salts, and pearl fisheries: provided that, out of such gold, silver, pearls, and all other proceeds of such metals and mines, the founder and inhabitants of said settlement, and all other persons,

shall give and pay unto us and our successors one-fifth, free from all charges, from the expiration of the first ten years.

59.-Lib. IV., Tit. 5, Law 6.-(Vol. 2, p. 15.)

Agreements for the founding of cities with ordinary alcaldes and regidores, to be made according to this law.

If the situation of the land be adapted to the founding of any town to be peopled by Spaniards, with a council of ordinary alcaldes and regidores; and, if there be persons who will contract for their settlement, the agreement shall be made upon the following conditions: That, within the prescribed time, it shall comprise at least thirty heads of families, each of whom to possess a house, ten breeding cows, four steers, or two steers and two young bullocks, a breeding mare, a breeding sow, twenty breeding ewes from Castile, and six hens and a cock; he shall, moreover, appoint a priest to administer the sacraments, who the first time shall be of his choice, and, afterwards, according to our royal patronage: he shall provide the church with ornaments and articles necessary for Divine worship; and he shall give bond to perform the same within said period of time; and if he fail in fulfilling his agreement, he will lose all that he may have built, worked, or repaired, which shall be applied to our royal patrimony, and incur the forfeiture of one thousand ounces of gold to our chamber [camera;] and if he should fulfil his obligations, there shall be granted to him four square leagues of territory, either in a square or lengthwise, according to the quality of the land, in such a manner, that, when located and surveyed, the four leagues shall be in a quadrangle, and so that the boundaries of said territory be at least five leagues distant from any city, town, or village, inhabited by Spaniards, and previously settled, and that it cause no prejudice to any Indian tribe, nor to any private individual.

60.-Lib. IV., Tit. 5, Law 7.-(Vol. 2, p. 16.)

The lands granted to be in proportion of the number of heads of families specified by the agreement, and upon the same conditions.

If any one should propose to contract for a settlement, in the prescribed form, to consist of more or less than thirty heads of families, provided it be not below ten, he shall receive a grant of a proportionate quantity of land, and upon the same conditions.

61.-Ibid. Law 8.—(Ibid.)

The sons and relatives of the founders to be considered as housekeepers.

We constitute as housekeepers of the new settlement, the son or daughter of the new founder, and all his relatives of whatever

degree, although within the fourth, they being married and having distinct and separate houses and families.

*62.-Lib. IV., Tit. 5, Law 9.-(Vol. 2, p. 16.)

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The founder to enter into agreement with each person enlisted for the settlement.

In contracts for new settlements made by the government, or whoever shall be thereto authorized in the Indies, with cities, adelantado, superior alcalde or corregidor, the person entering into the agreement shall do so likewise with each individual who may enlist to join the settlement; and he will bind himself to grant building lots in the new settlement, together with pastures and lands for cultivation in a number of peonias and caballerias proportionate to the quantity of land which each settler shall obligate himself to improve; provided it shall not exceed, nor shall he grant more to each than five peonias or three caballerias, according to the express distinction, difference, and measurement prescribed in the laws of the title concerning the distribution of lands, lots, and waters.

63.—Lib. IV., Tit. 5, Law 10.—(Vol. 2, p. 16.)

If there be no founder but married housekeepers, the settlement shall be granted to them, provided they be not less than ten in number.

Whenever particular individuals shall unite for the purpose of forming new settlements, and among them there shall be a sufficient number of married men for that purpose, license may be granted to them, provided there be not less than ten married men, together with an extent of territory proportioned to what is stipulated; and we empower them to elect, annually, from among themselves, ordinary alcaldes and officers of the council.

64.—Lib. IV., Tit. 6, Law 7.—(Vol. 2, p. 18.)

The requisites of this law to be observed before remunerating discoverers, pacificators, and founders.

It is our will and pleasure that all who may have served in the discovery, pacification, and settlement of the Indies, be rewarded. And, in order that they may the better obtain the reward, without injury to the most meritorious, we command the viceroys and presidents to observe this order whenever they shall have occasion to grant such rewards, in those cases and for those things to which they are authorized by our powers and instructions. Those who are entitled to rewards shall make a declaration of their merits and services before the audience of the district, having previously summoned our attorney, who, after consideration, shall grant rewards in our name to those who shall have the best title thereto,

conforming, in graduating the amount, to Law 14, Title 2, Lib. III. ; and they shall order a secret register to be kept in the custody of the clerk of the government, where shall be recorded, for reference, the names of all the persons applying, with a summary account of their merits and services, together with what they shall do to reward them, and their motives for the same; all which shall be signed by them, and certified by the secretary of government. And there shall be at the beginning of said record, a transcript of this our law, in order that the rewards and remunerations be made in conformity thereto, and in no other manner. Each year they shall transmit to our council a statement of all that they shall have done in the year, and [ *36 ]* entered in said record; which statement shall be signed and authenticated by said secretary, in order that we may know in what manner the provisions of this our law shall have been carried into effect.

65.-Lib. IV., Tit. 7, Law 6.-(Vol. 2, p. 20.)

The tract not to be located in a seaport, nor any other place which may be injurions to the crown.

No tract of land for new settlements shall be granted or taken by agreement in any seaport; nor in any part which might, at any time, be prejudicial to our royal crown or to the republic, our will being that they be reserved to us.

66.—Ibid. Law 7.—(Ibid.)

The territory to be divided between the person who makes the agreement and the settlers, as follows.

The tract of territory granted by agreement to the founder of a settlement shall be distributed in the following manner: They shall, in the first place, lay out what shall be necessary for the site of the town and sufficient liberties, [exidos,] and abundant pasture for the cattle to be owned by the inhabitants, and as much besides for that which shall belong to the town [propios.] The balance of the tract shall then be divided into four parts; one to be selected by the person obligated to form the settlement, and the remaining three parts to be divided in equal portions among the settlers.

67.-Lib. IV., Tit. 7, Law 11.-(Vol. 2, p. 22.)

The lots to be distributed by lot.

The lots shall be distributed among the settlers by lot, beginning with those adjoining the main square, and the remainder shall be reserved to us, to give, as rewards, to new settlers, or otherwise, according to our will; and we command that a plan of the settlement be always made out.

68.-Lib., IV., Tit. 7, Law 12.-(Ibid.)

No houses to be erected within 300 paces from the walls.

We command that no houses be erected within the distance of three hundred paces from the walls or breastworks of the town, this being necessary for the good of our service and for the safety and defence of the towns, as provided with regard to castles and for

tresses.

69.-Book IV., Tit. 7, Law 13.-(Vol. 2, p. 22.)

Sufficient commons to be designated.

The reservations [exidos] shall be at such a distance that, in case the town should increase, there may still be a sufficient space for the amusement of the people, and for cattle to go at large without doing any damage.

*70.-Ibid. Law 14.-Ibid.

Commons to be reserved.

[ *37 ]

After having laid out a sufficient quantity of land for the liberties of the town, [exido,] conformably to what is provided in that behalf, the persons authorized to make the discovery and settlement shall lay out reservations [dehesas] adjoining the liberties (exidos) for oxen, horses, and cattle to be slaughtered, as well as for the ordinary number of other cattle which the settlers are bound, by law to maintain, and a good deal more, besides, which shall belong to the council, and the remainder shall be laid out for cultivation in tracts equal in number to the town lots contained in the settlement, and to be drawn by lot. And if there be any land suited for irrigation, it shall also be distributed by lot in the same proportion to the first settlers, and the remainder shall remain vacant that we may grant them to new settlers. From these lands the viceroys shall separate those which appear to be fit for reservations [propios] for those settlements which have none; the proceeds of which will serve to pay the corregidors, leaving always sufficient liberties, reservations, and pastures, as is prescribed above, and let it be so executed.

71.-Lib. IV., Tit. 7, Law 18.-(Vol. 2, p. 23.)

Declaring what persons shall be selected as settlers of new colonics, and how to describe themselves.

We command that, whenever a colony shall be drawn from any city, the judges and municipal council [regimiento] shall cause all persons wishing to join the new settlement, to give in their