bling the magistrates and principal citizens, eompelled them to acknowledge him as lawful successor to his father in his government.

The palace of Pizarro, together with the houses of se veral of his adherents, were pillaged by the soldiers, who had at once the satisfaction of being avenged on thei enemies, and of enriching themselves by the spoils of those, through whose hands all the wealth of Peru had passed.

The popular qualities of Almagro and the success of the conspiracy drew many soldiers to his standard; who declared without hesitation in his favour. Almagro was soon at the head of eight hundred of the most gallant veterans of Peru He appointed Herrada general. Notwithstanding this favourable turn of fortune, the acquies cence in his government was far from being general. Pizarro had left many friends to whom his memory was dear; the barbarous assassination of a man to whom his country was so much indebted, filted every impartial person with horror'; by others he was considered as an usur per The officers who commanded in some provinces, refused to recognize his authority, until it was confirmed by the emperor In others, particularly at Cuzco, the royal standard was erected, and preparations made to re venge the murder of their ancient leader.

Those seeds of discord acquired greater vigour when the arrival of Vaca de Castro was known. After a long voyage he put into a small harbour in the province of Papayan, in the year 1541. from thence he proceeded by a difficult and tedious route to Quito. In his way he received an account of Pizarro's death, and of the events which followed upon it. He immediately produced the royal commission appointing him governor of Peru His jurisdiction was acknowledged by B nalcazar, lieutenant general for the emperor. in Papayan. and by Pedro de Puelles, who, in the absence of Gonzales Pizarro, com. manded the troops in Quito; who had himself gone upon a fruitless expedition to the east of the Andes, where he and his followers suffered incredible hardships

By

Vaco de Castro not only assumed the supreme authori ty, but shewed that he possessed talents equal to the exigency of the momentous trust committed to him his influence and address he soon assembled a body of #roops, that set him above all fear of insult from the ad:

verse party, and enabled him to advance from Quito with. the dignity that became his character

Almagro observed the rapid progress of the spirit of dis affection to his cause; and that he might give an effectual check to it before the arrival of Vaca de Castro, he set out at the head of his troops for Cuzco, where the most considerable body of troops had erected the royal standard under the command of Pedro Alvarez Holguin. During his march thither, Herrada, the skilful guide of his youth, died; and from that time his measures were conspicuous for violence, and want of sagacity. Holguin, with forces far inferior, was descending to the coast, at the very time that Almagro was on his way to Cuzco. By a very simple stratagem, he deceived his unexperienced adversary, avoided an engagement, and effected a junction with Alvarado, an officer of note, who had been the first to declare against Almagro as an usurper.

Soon after, Vaca de Castro entered the camp with the troops which he had brought from Quito, and erected the royal standard before his own tent, he declared himself as governor, that he would discharge all the functions of ge neral of their combined forces; and although he had not been brought up to the profession, he displayed the abili ties and decision of an officer accustomed to command. As his strength was superior to that of the enemy, he was impatient to end by battle, the contest which appeared unavoidable.

Almagro and his followers despairing of pardon, for a crime so atrocious as the murder of Pizarro, the governor, were not inclined to shun that mode of decision.

They met, September the sixteenth, 1542, at Chupas, about two hundred miles from Cuzco The violence of civil rage, the rancour of private enmity, the eagerness of revenge, and the last efforts of despair, inspired them with such courage, that victory remained for a long time doubtful: but at last declared for Vaca de Castro The martial talents of Francisco de Carvajal, a veteran officer, and the intrepidity of Vaca de Castro, triumphed over the bravery of their opponents, led on by young Almagro, with a gallant spirit, worthy of a nobler cause, and deserving a better fate.

Many of the vanquished, who had been accessary to the assassination of Pizarro, rather than wait an ignominions R

VOL. I.

doom, rushed on the swords of the enemy, and fell like soldiers. Of fourteen hundred men, the amount of com batants on both sides, five hundred lay dead on the field; and the number of the wounded was still greater Vaca de Castro proceeded immediately to try his prisoners as rebels. Forty were condemned to suffer death as traitors, others were banished from Peru. Their leader, who made his escape from the battle. betrayed by some of his offi cers, was publicly beheaded at Cuzço; and in him the name of Almagro, and the spirit of his party were extinct.

During these violent commotions in Peru, the emperor and his ministers were employed in preparing regulations by which they hoped to restore tranquillity, and a more perfect system of internal policy, into all their settlements in the New World. To prevent the extinction of the Indian race, called for immediate remedy; fortunately for them Bartholomew de Casas happened to be then at Madrid, on a mission from a chapter of his order at Chiapa. His zeal in behalf of this unfortunate people, was so far from abating, that from an increased knowledge of their sufferings, his ardour had augmented. He eagerly seized this opportunity in reviving his favourite maxims concerning the treatment of the Indians. With that moving eloquence, natural to a man on whose mind the scenes which he had beheld. had made a deep impression, he described the irreparable waste of the human species in the New World; the Indian race almost totally swept away in the islands in less than fifty years, and hastening to extinction on the continent with the same rapidity.

With a decisive tone, he imputed all this to the exac tions and cruelty of his countrymen, and positively insisted that nothing could prevent the depopulation of America, but by declaring the natives freemen, and treating them as such. Not content with thus verbally asserting the rights of this oppressed people, he published a celebrated treatise, in which he related the horrid cruelties of his countrymen.

The emperor was deeply affected with the recital of so many actions shocking to humanity. To relieve the Indians, as well as to circumscribe the power of his owh subjects in the New World, he framed a body of laws, containing many salutary appointments with respect to the constitution and powers of the supreme council of the Indies, and the administration of justice, both ecclesiastical

and civil. These were approved by all ranks of men ; but, with them were issued the following regulations, which excited universal alarm.. "That as the repartimientos or shares of land seized by several persons, appeared to be excessive, the royal audiences were empowered to reduce them to a moderate extent: That upon the death of any conqueror or planter, the lands and Indians granted to him' shall not descend to his widow or children, but return to the crown: That the Indians shall henceforth be exempt ed from personal service, and shall not be compelled to carry the baggage of travellers, to labour in the mines, or dive in the pearl fisheries: That all persons who are or have been in public offices, ecclesiastics of every denomi nation, hospitals, and monasteries, shall be deprived of the lands and Indians allotted to them; these lands and Indians shall be annexed to the Grown: That every person in Peru. who had any criminal concern in the contests between Pizarro and Almagro, should forfeit his lands and Indians". All the Spanish ministers who had hitherto been entrusted with the direction of American affairs, opposed these regulations. But Charles, tenacious at all times of his own opinions, persisted in his resolution of publishe ing the laws.

That they might be carried into execution with greater vigour and authority, he authorized Francisco Tello de Sandoval, to repair to Mexico as visitador, or superintendant of that country; and to co-operate with Antonio de Mendoza, the viceroy, in enforcing them He appointed Blasco Nugnez Vela, to be governor of Peru, with the title of viceroy; and to strengthen his administration, he established a court of audience at Lima, in which four lawyers of eminence were to preside as judges.

The viceroy and superintendent sailed at the same time. An account of the new laws they were to enforce had reached America before their arrival. The entry of Sandoval into Mexico was considered as the prelude of general ruin. Under the prudent administration of Mendoza, the people of New Spain had become accustomed to the restraints of law and authority. Happily for them. Mendoza, by long residence in the country, was so well acquainted with its state, that he knew what was for its interest, as well as what the people could bear; and Sandoval displayed a degree of moderation unexpected from a person just entering

upon the exercise of power. They were disposed to grant every indulgence to the inhabitants, that was in their pow er. In compliance with their request, they suspended for some time, the execution of what was offensive in the new laws; they also consented, that a deputation of citizens should be sent to Europe, to lay before the emperor the apprehensions of his subjects in New Spain, with respect to their tendency and effects; and concurred with them in supporting their sentiments.

Charles, moved by the opinion of men, whose abilities and integrity were unquestionable, granted such a relaxation of the rigour of the laws. as re-established the colony in its former tranquillity. In Peru, the storm wore an aspect more fierce and threatening. As the account of the new laws spread through the different settlements, the in habitants ran together; the women in tears, and the men exclaiming against the injustice and ingratitude of their sovereign, in depriving them unheard and unconvicted, of their possessions.

"Is this," cried they," the recompence due to persons, who, without public aid, at their own expense, and by their own valour, have subjected to the crown of Castile, territories of such vast extent and opulence? Shall the conquerors of this great empire, instead of receiving marks of distinc tion, be deprived of the natural consolation of providing for their widows and children, and leave them to depend for subsistence on the scanty supply they can extort from unfeeling courtiers. Although we are not now able to explore unknown regions, in quest of more secure settlements, yet we still possess vigour sufficient to assert our just rights, and we will not tamely suffer them to be wrested from us." Consultations were held in different places, planning how they might oppose the entrance of the viceroy and judges; and prevent, not only the execu tion, but the promulgation, of the laws..

Vaca de Castro had the address to divert them from their purpose; he flattered them with hopes, that when the viceroy and judges should arrive, and had leisure to examine their petitions and remonstrances, they would concur wit them in endeavouring to procure them some mitigation in the rigour of the laws, which had been tramed without due-attention to the state of the country, or the sentiments of the people. Of all the qualities that fit men