﻿488 
  SOUTH 
  AMERICAN 
  INDIANS 
  [B. 
  A. 
  E. 
  Bull. 
  143 
  

  

  A 
  new 
  system 
  of 
  law 
  was 
  on 
  the 
  march. 
  Spoliation 
  and 
  violent 
  

   appropriation 
  were 
  beginning, 
  and, 
  in 
  order 
  to 
  justify 
  them, 
  there 
  was 
  

   later 
  cited 
  the 
  principle 
  that 
  the 
  lands 
  of 
  America, 
  including 
  those 
  of 
  

   the 
  ayllus, 
  had, 
  by 
  means 
  of 
  the 
  Conquest, 
  come 
  to 
  be 
  the 
  property 
  of 
  

   the 
  Royal 
  Crown 
  of 
  Spain, 
  which 
  consequently 
  had 
  to 
  issue 
  the 
  prop- 
  

   erty 
  titles 
  of 
  individuals. 
  The 
  ordinances 
  for 
  the 
  organization 
  of 
  the 
  

   new 
  towns 
  and 
  for 
  the 
  sale, 
  composition, 
  and 
  repartimiento 
  of 
  lands, 
  

   solares 
  (house 
  plots), 
  and 
  water, 
  which 
  were 
  issued 
  by 
  the 
  kings 
  of 
  

   Spain 
  between 
  June 
  18, 
  1513, 
  and 
  May 
  25, 
  1596, 
  embodied 
  the 
  juridical 
  

   norms 
  of 
  this 
  new 
  legal 
  system. 
  These, 
  recognizing 
  in 
  principle 
  the 
  

   property 
  right 
  of 
  the 
  ancient 
  Indian 
  possessors, 
  ordered 
  that 
  the 
  lands 
  

   be 
  divided 
  between 
  the 
  towns 
  and 
  their 
  Spanish 
  inhabitants. 
  

  

  In 
  order 
  that 
  "[the 
  Spanish 
  inhabitants] 
  may 
  live 
  in 
  the 
  comfort 
  and 
  

   convenience 
  which 
  we 
  desire," 
  wrote 
  Ferdinand 
  V, 
  the 
  houses, 
  house 
  

   plots, 
  lands, 
  caballerias 
  (the 
  amount 
  of 
  land 
  given 
  a 
  caballero 
  or 
  gen- 
  

   tleman), 
  and 
  peonias 
  (the 
  land 
  given 
  a 
  foot 
  soldier) 
  were 
  to 
  be 
  divided 
  

   among 
  them. 
  A 
  territory 
  of 
  4 
  leagues 
  around 
  the 
  plaza 
  de 
  armas 
  was 
  

   to 
  be 
  ceded 
  to 
  each 
  city 
  to 
  constitute 
  house 
  lots 
  for 
  the 
  town, 
  town 
  

   commons 
  (ejido) 
  , 
  pasture 
  grounds, 
  and 
  public 
  estates 
  ; 
  of 
  the 
  remainder, 
  

   one-fourth 
  was 
  to 
  be 
  an 
  hacienda 
  for 
  the 
  founder 
  of 
  the 
  city, 
  and 
  the 
  

   other 
  three-quarters 
  were 
  to 
  be 
  divided 
  into 
  lots 
  of 
  equal 
  size 
  for 
  the 
  

   inhabitants 
  of 
  the 
  town. 
  

  

  These 
  laws 
  clearly 
  stated 
  that 
  a 
  peonia 
  included 
  a 
  house 
  lot 
  of 
  50 
  

   feet 
  (15 
  m.) 
  wide 
  by 
  100 
  feet 
  (30 
  m.) 
  in 
  length, 
  with 
  100 
  fanegas 
  (a 
  

   fanega 
  de 
  tierra 
  equals 
  about 
  1.59 
  acres) 
  of 
  land 
  for 
  wheat 
  or 
  barley, 
  

   10 
  fanegas 
  for 
  maize, 
  2 
  huebras 
  (the 
  amount 
  of 
  land 
  which 
  can 
  be 
  

   plowed 
  in 
  1 
  day 
  with 
  a 
  team 
  of 
  oxen) 
  of 
  irrigated 
  land, 
  8 
  huebras 
  

   for 
  plants 
  and 
  trees 
  which 
  grow 
  without 
  irrigation 
  (de 
  secada), 
  and 
  

   sufficient 
  pasture 
  lands 
  for 
  10 
  hogs 
  for 
  breeding 
  purposes, 
  20 
  cows, 
  

   5 
  mares, 
  5 
  sheep, 
  and 
  20 
  goats. 
  A 
  caballeria 
  included 
  a 
  house 
  lot 
  100 
  

   feet 
  (30 
  m.) 
  wide 
  by 
  200 
  feet 
  (60 
  m.) 
  long, 
  500 
  fanegas 
  for 
  wheat 
  or 
  

   barley, 
  50 
  fanegas 
  for 
  corn, 
  10 
  huebras 
  of 
  irrigated 
  land, 
  40 
  for 
  dry-land 
  

   plants 
  and 
  trees, 
  and 
  sufficient 
  pasture 
  land 
  for 
  100 
  hogs 
  for 
  breeding 
  

   purposes, 
  100 
  cows, 
  20 
  mares, 
  500 
  sheep, 
  and 
  100 
  goats 
  (Recopilacion 
  

   de 
  Leyes 
  . 
  . 
  . 
  de 
  las 
  Indias, 
  vol. 
  2, 
  bk. 
  4, 
  ch. 
  12, 
  Law 
  9). 
  

  

  The 
  Inca 
  system 
  of 
  collective 
  land 
  ownership 
  was 
  doomed, 
  and 
  the 
  

   way 
  was 
  open 
  for 
  all 
  manner 
  of 
  abuses 
  and 
  extortions 
  associated 
  with 
  

   the 
  system 
  of 
  reductions 
  and 
  encomiendas. 
  

  

  This 
  system 
  of 
  laws 
  ordered 
  that 
  the 
  Indians 
  be 
  allowed 
  to 
  keep 
  

   their 
  lands, 
  improved 
  ground, 
  and 
  pastures, 
  and 
  that 
  the 
  remainder 
  

   should 
  be 
  the 
  property 
  of 
  the 
  Crown. 
  If 
  any 
  part 
  of 
  this 
  Indian 
  land 
  

   was 
  conceded 
  or 
  divided 
  in 
  an 
  illegal 
  manner, 
  it 
  was 
  declared 
  that 
  the 
  

   concession 
  was 
  null 
  and 
  void. 
  If, 
  however, 
  the 
  conquerors 
  divided 
  

   land 
  among 
  themselves 
  or 
  took 
  it 
  by 
  violence 
  from 
  the 
  Indians, 
  the 
  

   latter 
  were 
  granted 
  the 
  right 
  of 
  restitution 
  only 
  "if 
  the 
  land 
  belonged 
  

  

  