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and moving power of the commerce of all my dominions, and to a great degree of that of the whole world; I have therefore granted and do grant to those persons who apply themselves to the working of the mines of New Spain, all the favours and privileges which have been granted to the Miners of Castille and Peru, in all respects in which they are capable of being adopted to the local circumstances of Spanish America; and are not at variance with any thing established by these Ordinances.

SECTION II.

Moreover, I award to the scientific profession of mining, the privilege of nobility, to the end that all persons who devote themselves to that important study and occupation, may be esteemed and treated with all the distinctions which are due to so honourable an employment.

SECTION III.

Mine-owners shall not be liable to be arrested for debts, neither shall the administrators, superintendants (veladores), keepers of tallies, (rayadores), nor other persons, serving in the mines or establishments be so liable, provided that each of these persons in every such case remain in confinement within the mine or establishment to which he belongs, with an obligation upon his master to apply the third part of his salary or dues to the payment of his debts, as long as he remains in the service of such mine or establishment, and if he quits the same without engaging himself in any other mine or establishment, then he may be imprisoned.

SECTION IV.

If a sequestration be laid on the Mines or Establishments of any proprietor, in the interval during which the silver extracted therefrom is being applied in satisfaction of the debt, he shall only receive out of the produce what is absolutely requisite for his support, according to the circumstances of his family and condition; but always with a view to this circumstance, that the situation of the creditor be not prejudiced, instead of amended, by the sequestration.

SECTION V.

If an execution be levied upon the other property of a Mine-owner, there shall always be reserved to him, a horse, with bridle and saddle, a baggage mule, his arms, bed, and the clothes commonly used by himself, his wife and children, and absolutely necessary to their decent appearance; but all costly dresses, ornaments, jewels, or trinkets may be seized under the execution.

SECTION VI.

The Royal Tribunal of Miners shall inform me, through the Viceroy, of

all deserving persons belonging to the Mining profession, especially of such as may have quitted it on account of having consumed their capital therein, or being too old and infirm to pursue it; pointing out also such of them as the Tribunal may consider to be the most deserving of my Royal favour, in order to their being appointed to the offices of judges in the Mining Districts or Establishments, if that should appear expedient; as well for the purpose of rewarding them according to their merits, as of filling the said office with practical and intelligent persons, such as the law requires.

SECTION VII.

Children and descendants (hijos y nietos) of Mine owners, and Minesuppliers, who have been extensively concerned in the Mines, deserve also particular consideration; and for that purpose the Royal Tribunal shall also inform me, through the Viceroy, of the merits of their ancestors; in order that my Royal favor may appoint them to civil, military, and ecclesiastical appointments in America, if I shall think proper to do so.

SECTION VIII.

I declare that Mine-owners and Administrators shall not be prevented, or in any way impeded by their said employments, from obtaining and serving the offices of magistrates and governors, (justitia y regidores), of the cities, towns, and places of the Mining Districts, or of any others; but they are not compelled to accept such offices, nor to be fined for declining the same, during the time of their employment in the Mines, if they desire to excuse themselves on that account.

SECTION IX.

In the allotment of ground for the purpose of building houses, in renting such as may be already built, and in providing themselves in the squares and marketplaces of the Mining villages, towns, and districts, not only with the articles necessary for the Mines and Establishments, but also with the supplies and provisions which may be wanted for their homes and families, the Miners are to be preferred to other persons, and to be treated with that respect which is due to their important profession: and I grant them the liberty of hunting and fishing in the mountains, forests, and rivers, of cutting wood, and making charcoal, and of pasturing their cattle in the grazing places and watering places, (exidos y aguages), in the same manner as any other inhabitant is permitted so to do, supposing such mountains, forests, rivers, grazing places and watering places, to be public property; for in all such as are private they must pay the proper dues, as before enacted: and, finally, they are to enjoy all the cus. toms and privileges enjoyed by the inhabitants of any Mine-town, although they (the Miners) may not reside therein; provided only that, in order to

entitle them to these privileges, their Mines or Reducing Establishments be situated in the same district as such Mine-town.

SECTION X.

The excessive profusion of Miners in the employment of their capital, and their extreme imprudence, and irregularity, whereby themselves and their families are speedily reduced to distress, and their capital is diverted from the operations of mining into other channels, being as notorious as they are destructive; I will, and ordain, that the Judges and Deputies of the Minetowns and Districts shall advise thereupon, and in cases of necessity, expostulate with the Miners, particularly with those who are in prosperous circumstances, cautioning them against extravagant expense or idle profusion; and if this should be found insufficient, then that they shall make a report to the Royal Tribunal General of Miners, in order that the latter, after satisfying themselves of the reprehensible conduct of the Miner, concerning whom such report is made, may appoint a person to watch over his interests (curador), or in some other manner, provide for the preservation of his property, as in the case of an incorrigible spendthrift.

SECTION XI.

In order to avoid the evil and injury, spiritual as well as temporal, occasioned by games of stake (envite), and hazard, and even by those which are permitted, when carried to excess, and also by other public diversions and festivities; I prohibit most rigorously, in all Mine-towns and Districts, among masters as well as workmen, all those games at cards which have been before prohibited by Royal Edicts and Decrees, and also all playing at those games which are permitted, for a larger stake than is compatible with fair and moderate relaxation and amusement. And with equal rigour, I prohibit all playing at dice or tabas, and also cock fighting, and all other shameful diversions; since they not only occasion the loss of time which might otherwise be devoted to labour, but lead to vast loss of property, and sometimes even to outrages and murders. Wherefore, I strictly enjoin the Judges and Deputies of all Mine-towns and Districts, to enforce with the utmost vigilance, the provisions of this present Section, on pain of being themselves wholly responsible for the neglect of the same, and of being liable to the penalties imposed by the said Royal Edicts and Decrees against all transgressors.

SECTION XII.

The Royal Tribunal General of Miners, shall observe, and carry into effect, whatsoever is contained in the present Ordinance, and shall cause them to be observed and fulfilled by all the subalterns, dependents, and inferior persons of all their body, each in his particular department, without any injurious evasions which might alter and corrupt their true spirit and intent, maintain

ing them always in their full vigour, and causing others to do the like. And the Territorial Deputations of Miners shall also observe, and carry into effect, whatsoever relates to them in these Ordinances, and shall cause them to be observed and executed with the utmost punctuality and correctness; and they shall not, any more than the Royal Tribunal General, act, or permit others to act, in contravention of their real tenour and meaning, in any manner whatsoever; and I only allow, in case of any point arising, which is not comprehended herein, or provided for in the Royal Orders which I have issued upon this subject, that both the one and the other (the Royal Tribunal General and the Deputations) should regulate themselves, in the decisions thereof, according to the form and practice of the Consulates of Commerce of my European and Spanish Dominions, as far as the same shall be practicable in such cases; but all doubts which may at any time arise, as to the true meaning of any one or more of the Sections of these Ordinances, shall be proposed by the Royal Tribunal General to the Viceroy, in order, that he, after obtaining the necessary information thereupon, may transmit them to me for my Royal determination.

SECTION XIII.

Finally,- -I order and command, the Governor and persons composing my supreme Council and Chamber of the Indies, the Royal Audiencies and Tribunals of New Spain, the Viceroy thereof, the Captains and Commandants General, the Governors, Intendants, Ministers, Judges, and all other persons whatsoever whom these enactments may in any degree concern, to conform themselves precisely to these Ordinances, observing and fulfilling them, each in his respective department, with the most rigid exactness; regarding their contents, as positive and perpetual Laws and Statutes, and maintaining them, and causing them to be maintained inviolably, notwithstanding any other laws, ordinances, observances, customs, or practices, which might militate against them; since, if any such there be, I revoke them expressly, and declare, that they shall be of no effect, prohibiting, as I hereby prohibit, that they (the present Ordinances) should be explained or interpreted in any manner whatever, since it is my will, that they shall be understood literally, as they are written. And, in like manner, I most strictly enjoin all Tribunals, Magistrates, and Courts, comprehended in this and the preceding Section, to give their most effectual aid and assistance to the provisions and enactments of these my Royal Ordinances; preventing, as far as it is possible, all kinds of disputes and contentions, which will always incur my Royal displeasure, as being prejudicial to the administration of justice, and to the good government, tranquillity, and happiness of the important body of Miners of those my Dominions; for which purpose, I have commanded the dispatch of this present Decree (cédula), signed by my Royal hand, sealed with my private

seal, and countersigned by my underwritten Secretary of State, and of the general Department of the Indies, and which shall be entered in the General Office for the dispatch of the affairs of the Indies, and in the several offices in New Spain, which it may concern. Done at Aranjeuz, the twenty-second day of May, in the year one thousand seven hundred and eighty-three.

I, THE KING.

JOSEPH DE GALVEZ.

Entered in the General Office of the Indies, Madrid, the twenty-fifth day of May, in the year one thousand seven hundred and eighty-three.

D. FRANCISCO MACHADO,

A true Copy.

JOSEPH DE GALVEZ.

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