25. And by another order, dated at San Ildefonso, the 10th of August, 1738, the unexampled privilege was conceded to the kingdom of Guatemala, for the term of ten years, of paying only five per cent. duty on gold (as is now done in Peru), the object of which concession was, to encourage the working of the mines of that kingdom, as we have observed in the proper place.*

26. It is evident from these laws and orders, and from those of Castile, that it had been found to be for the advantage of the treasury to make these considerate abatements, the expences of the subject being very great, and the standard of the ores too low to admit of reduction. If then, these and other motives operated in regard to the kingdom of Castile, in causing the reduction of duties observed to be sanctioned by the later ordinances, where the depth of the mites and the scantiness of the produce of the heaps of rubbish and slag are noticed as circumstances entitling the proprietors to a relief of duty, a privilege extended also, as appears by the 76th ordinance, to the owners of mines much flooded with water, and requiring works of drainage; how much more strongly ought similar motives to be afforded, by the circumstances which so notoriously prevail in the Indies, where the depth of many of the mines is incredible, the heaps of refuse ore of low standard immense, and the price of quicksilver, iron, steel, salt, magistral, and other stores, and of utensils, and the rate of wages, twice or thrice as high as in Spain; circumstances which ought all of them, unquestionably to be taken into the account, and which are therefore much relied on by Solorbano, as giving a just claim to relief. And in New Spain in particular, the price of quicksilver is still higher than in other parts of the Indies, from its being supplied from Europe or Peru. Besides all this, the water is, in many mines, too abundant to be overcome by the efforts of an individual; as for instance in Zacatecas, Pachuca and Real del Monte, where the most substantial men have broken down, and the largest fortunes have been absorbed.§

27. Returning to the subject of the tenth, the same amount of duty is also to be paid on gold and precious stones captured in war, on the produce of ores purchased. and on what is set apart for the churches and monasteries. The duty is also to be levied on what is paid by the Indians by way of tribute. which cannot be conveyed from one province to another, nor to Spain, without paying the duty,‡‡ under the penalty of forfeiting four times the value of the silver, together with the mules and beasts of burthen or slaves.§§ Nor is it lawful to be possessed of gold or silver, pearls, precious

* Cap. 2, n. fin.

+ Roasted sulphuret of copper: a re-agent employed in the reduction of the ore by amalga mation.-Trans.

Solorz. dict. lib. 1, n. 29.

§ Villa-Senor, Theatr. Americano, page 25, cap. 3, edition printed at Mexico in 1746.

Law 2, tit. 10, book 8, Collection of the Indies.

¶ Law 4, ditto.

†† Laws 6 and 7, ditto.

§§ Law 11, ditto.

** Law 5, ditto.

‡‡ Laws 8, 9, 10, ditto.

stones or pieces of plate, which have not paid the duty, under the penalty of the forfeiture of these articles, and of the goods of the silversmith who shall have made them. Besides these, there are various other precautionary regulations, for preventing fraud as far as possible; thus, if there be no refining establishment in the mining district, the bars or pieces, after being registered before the justice and royal officers, are to be conveyed direct to the nearest establishment of the kind ;† and the silver which ought to be taken in to pay the duty at one particular office, is not to be allowed to pay the duty at any other. The duty is to be levied upon the real value of the gold or silver,§ and the one and a half per cent. ought to be first deducted, for the principal assayer, melter and stamper, and then the fifth, which is to be of gold or silver of the same quality as the piece stamped.|| Various other economical arrangements are also established by the laws of the Indies for the advancement of this important department. T

28. Here we must notice three laws, two of which are the 16th and 18th laws of title 10, book 8, and relate to the gold and silver seized for not having paid the duty, at Cabit or any other port where there is no refining estab lishment; such gold or silver is, by these laws, declared forfeited, because it is here evident that the object can only have been to export it clandestinely to foreign countries, to the great prejudice of the crown. But it is nevertheless conceded by the 25th law of the same title and book, with respect to the port of Vera Cruz, that gold or silver seized there for non-payment of the duty, shall be returned without further delay or impediment, upon payment of the proper duties. But the rule is not altered as to the other ports," for this regulation being made for a special case, is merely a subordinate one, and has no repealing force; and it was in fact made upon consideration of the great number of bars, both large and small, clandestinely sent to foreign countries. And here we may observe an exercise of the greatest benignity, in that this very extreme of irregularity, instead of calling forth a more severe and rigorous punishment, is met by free pardon and forgiveness, upon payment of the usual duties alone. And the injury to the revenue arising from this practice, has in great measure been remedied, by the establishment of the markets held at Xalapa on the arrival of the convoys, and by the Flotistas (as the agents and traders from Spain are called), being prevented, by the facilities afforded for purchasing the metals in the mining districts,

* Laws 47, 48, 49. book 8, Collection of the Indies.

† Law 11, ditto.

Law 12, ditto.

§ Laws 22, 23, and 24, ditto, and Laws 1 and 2, title 22, book 4, of Collection of the Indies.

|| Laws 19 and 21, title 10, book 8, Law 13, title 22, book 4, Collection of the Indies.

¶ Book 8, title 10, of the Collection of the Indies, on the royal duty of the fifth, and book 4,

title 22, on the assaying and smelting of gold and silver.

** Argument, cap. si. Papa, 10 de privil. in 6, " et quia jam per alias leges provisum erat, quæ non sunt superfluæ nec abrogatæ," cap. si Romanorum, dist. 19.

made themselves masters of the rich ores of gold and silver.

From no other country (according to Fray Juan de la Puente, who cites Solinus, Pliny, Lucius, Florus, Strabo, Posidonius, Polybius, Aristotle, Diodorus Siculus, Herodotus and other Greek and Latin authors), could so great an abundance of these rich ores be procured.† He states, upon the authority of Strabo,‡ that during a conflagration on the Pyrenees, streams of gold and silver flowed down their sides; that all the mountains and hills of Spain afford the materials for money, and that that country is an inexhaustible source of metallic ore; that Plutus, the god of riches, holds his habitation beneath its surface, and that the Carthaginians, on their landing there, found the basins and even the mangers made of silver. And he likewise asserts, quoting Aristotle, that upon the ancient Phoenicians§ navigating to Tartessus, the Spaniards gave them, in exchange for oil and other ordinary merchandise, more silver than the ships were capable of conveying; and that upon setting sail, they not only made their common utensils, but even their anchors, of silver. But of all the writers on this subject, Don Antonio Carrillo Lasso is the most deserving of attention, he having collected, with admirable erudition, many most remarkable and wonderful instances,|| in reference to all the different provinces of Spain, and with the view of shewing, that as they yielded, in former times, such immense riches, so might they in these times be rendered equally productive. This subject has, in fact, been treated by so many authors, that it would be easy to compile volumes of such observations.

8. It is, however, quite enough to look at our laws and ordinances, by which it appears, that the reason of Philip II. annexing the mines to the royal patrimony was, that it had been understood from of cld, that they were very rich and abundant.** But the same laws also tell us, that these riches had, many years before their time, vanished into empty air, and that in later times, the greatest scarcity of money had been experienced. According to the laws of the title concerning provisions, in the year 1433, the expense of the king's provisions, when he came in person to any city,

*Machabeor, 1. c. 8, v. 3. "Et quanta fecerunt in regione Hispaniæ, et quod in protestatem redegerunt metalla argenti et auri quæ illic sunt."

† Fr. Juan de la Puente, Conveniencia de las dos Monarquias, lib. 3, cap. 6, §. 4, in cap. 16, §. 3.

Lib. 3, de situ orbis.

§ Lib. 1, de mirabilibus auscult. ad fin.

|| Carrillo Lasso, Descripcion de las antiguas minas de Espana, in all his three chapters. ¶ Carranza Ajustamiento y propercion de moneda, p. 1, cap. 1, per tot. P. Pineda, in Salom. lib. 4, cap. 14 and 15, Malvenda, de Antichrist page 333, Duarte, in Monarch. lib. 3, et cum his Solorz Pilot. lib. 6, cap. 1, n. 3, and tom 2, de jur. Indiar. lib. 1, cap. 13, n. 47 and 48, and cap. 16, n. 77, and lib. 5, cap. unic. n. 10. P. Mariana, de reb. Hispaniæ, D. Pedro Peralta, Historia de Espana vindicada, lib. 1, cap. 2, page 59 and 60, Blasius Caryophil. de antiquis aur. argentique fodinis, part 10, et seq. et ex antiquis innumeri apud hos.

** Law 4, tit. 13, lib. 6, of Castile.

amounted to 600 maravedis," or at most to 1200, those of the queen to 800, and of the prince to 600.† In the year 1368, John I. under the advice of all the great men and nobles of the kingdom, issued an edict, fixing the price of provisions and other articles at rates so low, as to shew, that a great want of specie must have been experienced before the discovery of America. This edict may also be seen in Mariana and Bordazar, and in the Memorial of the imperial city of Toledo, upon the equalisation of weights and measures, lately printed. ‡

* A maravedi de plata is d. 0, 148 British; a maravedi vellon is d. 0, 076 British. Kelly's Cambist, vol. 1, p. 318. It is presumed the former are meant.—Trans.

† Laws 1 and 2, tit. 12, book 6, Collection of Castile.

P. Mariana, de ponderic et mensur. cap. 23. "Ex ea pecuniæ varietate, sed et minori copia argenti, factum est ut superioribus temporibus pretia rerum multo minora quam notro fuisse videantur, quod in historiis nostratibus maxime observavimus rerum gestarum in Hispania ante ducentos circiter annos, fanecam hordei, hoc est modios sex, duobus tantum maravedinis emi consuevisse, at vero in summa caritate annonæ ad maravedinos triginta crevisse; cupretio aliarum rerum pretia respondebant proportione quadam.” And he proceeds to insert the decree in Latin, verbatim. Antonio Bordazar de Artazu, Proporcion de monedas pesos, y medidas, trat. 1. de monedas, pag. 96, n. 258, recites the decree and says:-"I shall make a short digression in order to shew, in the varying condition of mankind, how great the value of gold and silver was in former times, compared with the present, if measured by the amount of goods given in exchange for them; which change of value may be explained, either upon the ground of the scarcity of the precious metals in former times, before the discovery of America, or by taking into view the calamities of the present times, the price of provisions having been increased by war and famine, or by reference to both these considerations. Father Mariana, in his work de ponder. et mensur. cap. 23, sets forth a law issued by John I. of Castile, in the year of our Lord, 1368, whereby, under the advice of the nobles and other great men, he fixed the price of provisions and other articles of trade, as follows;—The bushel of wheat to be sold at 15 maravedis; of farrago at 4; of barley at 10; of oats at 8; 4 half gallons of old wine at 3 maravedis; of new wine at 24; and when sold by the cask, a fourteenth part to be taken off. French cloth at 60 maravedis a yard; that of Flanders or England at 50. The purple cloth of Flanders at 100 maravedis; that of Ypres at 110 maravedis. And none but ladies were to dress in London, Brussels, Montpellier or Valencia cloth, without permission from the king. A day labourer was to have, from November to March, 3 maravedis per day; and a female 10 dineros, working from sunrise to sunset; from March to November, 4; and a female 2. For ploughing a whole day, each team, 10 maravedis. For getting in the vintage, a man and ass, 7. A domestic servant, 100 maravedis per annum; a female domestic servant, 50; and a housekeeper, 40. Shoes of goat hide, 6 maravedis. A horse's saddle, 100 maravedis; a mule's saddle, 20; a bit, 1 maravedi. To a silver-smith, for working plate, 15 maravedis per marc, or if very neat workmanship, 20. A shield or double target, 20 maravedis; if painted, 25; if gilt, 30. For grinding wheat, 2 maravedis per bushel, 1000 tiles, 60 Maravedis; 1000 bricks, 55. A bushel of plaster of Paris, 6; of lime, 5 maravedis. An ox, 200 maravedis, and a yearling calf, 180. A pound of good mutton, 2 maravedis. Hucksters were to sell a sucking pig at 8 maravedis, a hare at 3, a rabit at 2, a hen at 4, a goose at 6, a pigeon at 3, and a partridge at 5; but journeymen mechanics, and even master workmen, were not permitted to purchase them, except on the occasion of a wedding, or at Easter." The report of the imperial city of Toledo, on the equalization of weights and measures, page 109, sets forth the same decree, and mentions that Father Mariana must have been mistaken either in the date or in the name of the king, or in both; for that this edict or ordinance is one of Henry II.; and it gives, at page 118, a precise description of the king's banquets.

9. There can be no doubt that at the time of issuing our ordinances, very few mines were worked, many of them being kept concealed, as is set forth in the law itself.* And at a period subsequent to this, Don Bernardo Perez de Vargas, in the dedication of his fan.ous treatise, De re metallica, inscribed to Philip II., laments deeply, that through the want of good master-workmen among our countrymen, we should be put to the expense of engaging foreigners, notwithstanding the great number of mines which had been discovered, both on account of the crown and its subjects,f which he considers a proof of the inferior industry of the natives of the peninsula.

10. In confirmation of this opinion it is known, that a lease was granted by Phillip II. to the Counts de Fakares (natives of Germany), of the celebrated mines of Gaudalcanal, Rio Tinto, Cazalla, Aracena and Galaroza, which were crown property, and within a certain distance of each of which, under the new and old ordinances, now under consideration, no other mines were permitted to be opened or worked. By this contract, these foreigners became the richest subjects in Europe; but afterwards, under a suspicion that the government meditated the resumption of the mines, they allowed the water to overflow them.§ An iniquitous piece of revenge, even had their suspicions rested on the most solid grounds. Don Joseph de Veitia Linage assures us, that in the space of five years, from 1557, there passed through the Casa de Contratacion of the Indies, 497,246,204 maravedis de plata,|| raised from the mines of Gaudalcanal.T

22. Considering it therefore, to be established, by the ordinances under consideration, and as an inference from the payment of the eighth, fifth and fourth respectively, to the crown, that the quality of the ores of Spain was high we also infer from the same ordinances that the crown being entitled

*Law 4, tit. 13, book 6. "The mines that have been discovered and worked are few in number. The rich and profitable mines are kept concealed, and they will not discover or point them out."

† Bernardo Perez de Vargas, de re metallica. Madrid, published in duodecimo, by Pierres Cosin, 1569.

Ordinance 15.

3

§ Savary, Dictionnare universel de commerce, tom. 2, Let. Mines, fol. 1374. "L'experience a fait voir qui'i'l n'y a point en Europe de mines d'or, d'argent, ou autre metal qui surpassent celles qui out eté trouvees dans la presqu' isle d'Espagne, tant par rapport a l'abondance qu' a la richesse de la matiere, surtout celles de Gaudalcanal, Rio Tinto, Cazalla, Aracena et Galaroza, dans les provinces d'Andalousie, et Estremadure. Les Comtes Alemans de Fakares aiant passé un contrat avec Filipe II. touchant ces cinq mines, ils firent de profit si considerable par l'or et l'argent qu'ils tirerent de celles de Gaudalcanal, la seule qui ait eté ouverte qu'ils y etoient devenus les plus riches sujets e l'Europe: mais aiant ensuité soupçonné que le dessein du gouvernement etoit de reprendre ces mines, ils les mirent sous l'eau, et priverent par la le roy et ses sujets, du profit qu'on en auroit peu tirer.

About $1,433,971.-Trans.

T Veitia, Norte de la Contratacion de Indias, lib., cap. 33, in fine.