CHAP. II. [ 20]
Articles touching the dutie of the Kings Maiestie our Lord, and to the common good of all the estate of Brasill. Written (as is thought) by the Au∣thour of the former Treatise.
IT greatly behooueth for the vniuersall good, and preseruation of the estate of Bra∣sill, that the King our Lord doe take all the Captaineships for his, satisfying the * 1.1 Lordships. For as the Tenths are all his Maiesties, and the Lordships haue no more then the tenth, which is verie little, at the least in the Captaineships of the Holy Ghost, Saint Vincent, Port Secure, and the Ilets, the said Captaine∣ships [ 30] are neuer prouided, neither haue Powder, Bullet, or Caleeuer, &c. for to de∣fend themselues from the enemies, and whatsoeuer French or English shippe that goeth thither, doth put them in such danger, that either they must giue them entrance, and traffick with them, or leaue them the Towne and goe to the Woods, as now it was seene in the Captaineships of the Holy Ghost, and Saint Vincent, and being the Kings they be otherwise prouided, making Fortres∣ses in the barres for their defence, at the least in those of the Holy Ghost, and the Riuer of Ianuarie, * 1.2 as it was done in that of Saint Vincent, in the which ships may come in at any houre, and in this manner will haue a delight to dwell, and labour in them the which now doe liue in trouble and complaints, seeing themselues so disfauoured, and in any danger of warre they rather thinke how to flee away, and escape with their Wiues and Children, then how to defend the Coun∣trey, [ 40] whose safetie, preseruation, and augmenting importeth so much, as is notorious to the good of all Peru.
It seemeth necessarie that in Brasill there be a Court Royall, where many causes may be deter∣mined, * 1.3 as there is in Peru, New Spaine, and in all his Maiesties Prouinces.
The first reason that for this is offered, is, that the people whereof at the first this Countrey was inhabited, commonly were banished for facts committed in Portugall. And as at the begin∣ning there was no Iustice Royall in it, at the least in the Captaineships, and Lands of the Lords, as all of them were, but onely Captaines and Iudges, placed by the Lords of them, there was little regard of Iustice, as well in them which ruled, the which had authoritie for to kill, hang, &c. and as they had no Science, nor peraduenture Conscience, ruled rather by humane respects, [ 50] friendships, hatreds, and proper gaines, then by direct reason, as in the subiects, the which as * 1.4 there was no Iustice but of Gossips, (as the speech is) did liue at large as they listed, hauing no bo∣die to contradict them, and though the Kings afterward did take & reserue the Iustice to them∣selues send••ng Gouernours, and generall Iudges, and though there come many men of more qua∣litie to continue the inhabiting of the Countrey, notwithstanding a great part of that first liber∣tie and licence remained still, with the which many euils were and are committed without pu∣nishment. For many of them haue alreadie so much power with their riches (gained God know∣eth how) that I know not whether those that now doe rule dare meddle with them, bee it that they feare their power and might, or because f••r•• omnes dilig••nt m••n••ra: and the Iustices that went, and will not be interessed but beare the Rod vpright, let them prepare themselues to suf∣fer [ 60] troubles in this Countrey.
The second reason is, that many Sutes may here be determined definitiuely, in the which are delayings of many yeeres, without any obtayning of Iustice by Appeales and Grieuances to Portugall. Now if the Gouernour (as many times it hapneth) will put himselfe in the office of