Mexico are at liberty to work mines, whether they be church property, part of their own patrimony, or newly-discovered mines, subject to two conditions ; first, that they do not compel the Indians to work in them against their inclination; and second, that they make those who do work, a just compensation for their labour; and that he conceives the object the council had in veiw was, that the Indians who might work in the mines should be induced so to occupy themselves, by good treatment and good pay, and not by contrary means remarking, that where it prohibits the clergy from employing the Indians within their jurisdiction in working their mines, except under the circumstances above mentioned, it enforces the regulation by threats, not of ecclesiastical censures, and the consequent punishment, but of forfeiture of their benefices. 34. Agreeably to these rules, we recollect an instance of a church mine at Zimapan being let on lease; but we also recollect other instances of church mines being managed direct by the curates; and as it is, generally speaking, difficult to find persons willing to take such hazardous property on lease, there is nothing to prevent the clergy from working mines at pleasure. Finally, as the laws of the Indies direct that the councils of Lima and Mexico shall be obeyed, and their decrees be enforced, it follows, beyond a doubt, that the prohibition from working mines issued against curates, under pain of excommunication, by that of Lima, and the permission given to them to work mines, subject to the aforesaid conditions, by that of Mexico, are, by the laws of the Indies, made the standing law of each kingdom respectively. 35. As to the question, whether the Indians are at liberty to work mines, it cannot be matter of surprise that a special declaration to that effect, besides the general one which would of itself have embraced them, should have been deemed necessary in our laws of the Indies; for they were in the habit of concealing the veins of silver and gold, to prevent their being worked, imagining perhaps, that if discovered they would be taken from them. In order therefore, to induce them to communicate their discoveries, it was directed by several orders, that they should be given to understand that they were to be entitled to all the mines they might discover; and further inducements were, at the same time, held out, by the offer of various immunities: for instance, the Indian who should discover a considerable mine or treasure, was promised exemption from tribute for himself, his sons, and his grandsons ;‡ and all Indian discoverers of mines were authorised to work them in part payment of the taxes and tribute imposed on them, and for their own further benefit.§ And it was also ordered that the rules for ascertaining the bound Law 7, title 8, book 1, of the Collection of the Indies. Law 14, title 19, book 4, Collection of the Indies. Law 15, same title and book. Order directed to Don Martina Henriquez, viceroy of Mexico, the 23d of December, 1574, in the revenue office of that city. Montemayor, Sumar. 3, tit. 5, lib. 4. aries of the mines so to be discovered by the Indians, should be the same for them as for the Spaniards", without distinction. And it is no great matter of surprise that it should have been thought necessary to frame especial statutes for these wretched Indians, whom we consider that, originally, permission was not even extended to the Spaniards to raise gold, silver or other metals, unless by particular licence from the governor. The governors, however, in this respect, contravened orders which had been before issued, and in so doing they acted prejudicially for the interest of the kingdom at large, the revenue, and the subject individually. At length, the order of the 9th of December, 1526, was issued by the Emperor Charles, upon which was founded the law of the Collection, which gives absolute permission to all persons to work mines. 36. It is to be observed, that by an order of the 1st of September, 1530, it was provided and commanded, that the mines of the marquisate of el Valle should be common to all persons, under the penalty of 100,000 maravedis; the object of which was to prevent its being supposed that the grant of towns and people made to the marquess, carried with it the right to the mines, which were to be common to all persons, in all parts and places.‡ 37. Besides the classes of persons above-mentioned, the administrators general, and the officers particularised in the 67th ordinance are prohibited from working mines; as well as the presidents, judges of audiency, alcaldes and fiscals,§ and all justices, notaries and sworn clerks, either by themselves or through any other person acting for them, directly or indirectly, wholly or in part, under pain of being deprived of their offices, and forfeiting their mine or mines. And the law of the Indies ordains, that the permission generally given to work mines, shall not be extended to the ministers, governors, mayors, chief or deputy alcaldes, lawyers, ordinary alcaldes and notaries attending at the mines, nor to any other person specially prohibited. And by three other laws, the chief alcaldes are prohibited from purchasing ores or silver, and also from dealing with the miners, under colour of any contract of supply, or other pretence; and they, as well as the notaries attending at the mines, are prohibited from entering into partnership with the mine owners, under the penalty of forfeiting their mines and being deprived Law 16, title 19, book 4, Collection of the Indies. Law 1, same title and book, which was taken from the order directed to Herman Cortes, the resident judge, dated 9th of November, 1526, and given by Don Vasco de Puga, fol. 12, of his Provisions Cedulas y Instrucciones; "And you prohibit and forbid it and give no licence, except to such persons as you please, &c." The law and the order differ only in the date, but are the same in substance. This order is in our MS. index to the book of orders of the city of Mexico, which was preserved from the conflagration mentioned in a note to chap. 3, n. 23. § Law 60, title 16, book 2, Collection of the Indies. Law 1, title 19, book 4, Collection of the Indies. Laws 1, 2 and 3, title 21, book 4, Collection of the Indies. of their offices. All hired servants also are prohibited, which will be seen, in the proper place, when we come to treat of the registering of mines by servants on the part of their masters.* SECTION I. The working of quicksilver mines was at first permitted in New Spain but was subsequently in several instances prohibited, it having been made unlawful to sell quicksilver in New Spain, except such as is remitted and distributed on the account of the crown. 38. The supreme right and authority in and over the mines, vested in and exercised by the crown, cannot be better illustrated than by giving an ac. count of the mines of quicksilver, and of the manner in which that metal is sold and distributed. By our new ordinances, and by orders of the 19th of June, 1568, and the 19th of January, 1609, upon which the corresponding laws of the Collection of the Indies are founded,t permission was given, not only to raise gold, silver and other metals, generally, but likewise quicksilver in particular, and all possible activity was recommended in promoting the discovery and working of the mines of that metal, the viceroys, the audiences and governors, being directed to extend to the discoverers, every advantage that might seem reasonable; provided, as is expressed in the above order of the 19th of June, 1568, that the interests of other parties should not be prejudiced, and that the duty of a fifth part should be paid in pure and clean quicksilver.‡ 39. We are not informed, nor have we with all our industry been able to ascertain, from any of the curious histories and accounts of the mining districts of the Indies, or from any of the official reports or orders, whether any quicksilver mines were worked in New Spain during the period immediately subsequent to its discovery ;§ but the probability is that none such were worked, and that even the existence of the metal was unknown. And this we infer from its great scarcity at that time, it being sometimes procured from the celebrated mines of Guancavelica in Peru, sometimes from those of * Chap. 15, numb. 1 and 2. ↑ Laws 2 and 4, title 19, book 4, Collection of the Indies. This and other orders stated by us, are compiled entire by Montemayor, in his 5th book, title 5, concerning quicksilver and the collection of the duties thereon, to which we refer. Don Joseph Villa-Senor, Theatr. Americ. tom. 1, cap. 48, relates, that the mining district of San Gregorio, in the jurisdiction of Acazuchitlan, or Tetela del rio, had been worked on his majesty's account for quicksilver and copper, and that it was in his time gone to decay. And that there were veins of quicksilver also in Halchicapa, but it does not appear when they were worked. el Almaden in Spain, sometimes from Germany, and sometimes from China, by way of Acapulco. But three instances have occurred, during the present century, of private persons having proposed to work mines of quicksilver, and of orders having thereupon been issued to close the mines, which orders, in two of the instances, were expressly approved by the king. 40. The first instance is recorded in the recital of an order, dated at San Lorenzo, the fifth of July, 1718, and countersigned by Don Andres de Corobarrutia y Zupide, and which runs as follows: "To my viceroy and president, and the judges of my audiency of the city of Mexico, in the province of New Spain. By a dispatch of even date herewith, I have been pleased to give my commission and instructions to Don Juan Joseph de Veitia, to take certain measures for stopping up and preventing the working of the mines or veins of quicksilver discovered in the jurisdiction of the city of Quernavaca; in which matter, and in all that concerns the business of distributing the quicksilver for that kingdom, which I have entrusted to his care he is to proceed and act independently and exclusively of you my viceroy and you, the judges of my said audiency; and you are not under any pretext to interfere by taking cognizance of this matter, or any part thereof, of which I have thought proper to advise and instruct you, as I hereby do, for your government, and that you may not put any hindrance or impediment in his way, forewarning you, that any proceedings you may take in contravention of this order, will incur my displeasure, and will induce me to take the severest measures against you; and I desire you on the contrary, to shew him any favour or assistance that he may require of you, or that may be necessary for executing and carrying into full effect the matters aforesaid; and you shall give me an account of the receipt and execution of this order, through the office of my general superintendent of quicksilver, the first opportunity that may offer." 41. The second instance is recorded in another royal order, dated the 24th of November, 1730, from which it appears, that Don Pedro Manzano having discovered two quicksilver mines, in the jurisdiction of the Sierra de Pinos, in the district of the audiency of Guadalaxara; one of which was in the Cerro del Carro, and the other in the Cerro del Picacho, he reported the same to the judge, charged with the exclusive cognizance of all affairs relating to quicksilver, who ordered that the works should be stopped, as being prejudicial to the mines of el Almaden, and as likely to give occasion for fraud: the king, being advised of these proceedings, was pleased to approve the prohibition so issued. And this is related by Don Mathias de la Mota, in his history of New Galicia.† 42. The third instance occurred in the year 1745, whilst Colonel Don Fermin de Echevers was president of the royal audiency of Guadalaxara. * In our MS. of orders, tom. 2, fol. 162, back. Another quicksilver mine was this year discovered in the Cerro del Carro, information whereof being given to the Marquess de Altamira, superintendent of quicksilver, and judge of the royal audiency of Mexico, he ordered that the works should be stopped. The order is extant in the office of the superintendent of quicksilver, and at Guadalaxara. 43. These three instances demonstrate that the working of quicksilver mines in New Spain, has been prohibited by the crown, because the quicksilver from the mines of el Almaden is distributed on account of the revenue; but it appears, nevertheless, that there are such mines at Quernavaca, in the kingdom of New Spain, and in the Sierra de Pinos, in the kingdom of New Galicia; and some are of opinion that quicksilver is to be found at la Pimeria, and that the Indians used to describe a lake of this metal, which must be something like la Gran Quivira in New Spain, or el Dorado in Peru. 44. The grounds of this prohibition are stated in several orders. The first of these was issued by the Princess Regent, and is dated at Valladolid, the 4th of March, 1559, and directed to the royal officers, and runs thus :"To our officers of New Spain. Having considered what you, and our viceroy of that country have written to us, concerning the great necessity which exists for sending a quantity of quicksilver thither, for reducing the silver raised from the mines of New Spain aforesaid, and concerning the great advantages that would follow from our sending it thither to be sold by our officers; by which means, over and above the great benefit that would be conferred on the inhabitants of the country aforesaid, we ourselves should derive great advantage, and might make a profit on the said quicksilver, of twice what it cost here; we have provided, that all the quicksilver that is raised, and that may henceforth be raised, from the mines of el Almaden, shall be sent to you; as well as a further quantity, which our factor-general has now purchased by our command, in order that you may sell the same; and our officers of the Casa de Contratacion of Seville will therefore send you the quicksilver aforesaid, by virtue of the order that has been forwarded to them; and we have prohibited the sending any quicksilver to the parts aforesaid, unless in our name, and by our command. Wherefore, I command you, that you provide some person at the city of Vera Cruz to receive and forward to you, at the city of Mexico, all the quicksilver that our said officers of Seville shall so send to you, and that when and so often as you shall receive it, you shall sell it at the greatest possible profit, and make as much by it as you conveniently may, which we expect from our confidence in your fidelity and care; and our treasurer shall charge you with the money which you may thereby make, and you shall always render us an account of the quantity you receive, and of the price at which it is sold. And, forasmuch as the quicksilver costs here, from 55 to 58 ducats per quintal, you are to take an account thereof and of the freight and other expenses, of which the said officers of Seville will advise you, and to sell it at as much profit as |