1413 
 Hf 
 
 
BANCROFT LIBRARY 
 
THE OFFICE OF ADELANTADO 
 
 UOSCOE R. HTLL 
 
 iUNTED FROM POLITICAL SCIENCE QUARTERLY 
 Yoi.r.ME XXVIII. No. 4, DECEMBER, 1913 
 
 NEW YORK 
 LISHED BY GINN & COM PAS' V 
 
THE OFFICE OF ADELANTADO 
 
 BY 
 
 ROSCOE R. HILL 
 
 REPRINTED FROM POLITICAL SCIENCE QUARTERLY 
 VOLUME XX VIII, No. 4, DECEMBER, 1913 
 
 NEW YORK 
 
 PUBLISHED BY GIN N & COMPANY 
 1913 
 
H4- 
 
 THE OFFICE OF ADELANTADO 
 
 THE office of adelantado was one of the oldest conferred 
 in mediaeval Spain. " In the history of San Pedro de 
 Arlanga it is said that Nuno Nunez, judge of Castile, 
 married Theudia, daughter of Theudio, adelantado of Leon." J 
 This statement carries the title back to the tenth century. 
 More definitely it is known that Fernan Fernandez was adelan- 
 tado of Estremadura in the time of Alfonzo VIII, the Good 
 (1158-1214). The first mention of the office in Spanish legis- 
 lation is found in the time of Ferdinand III (1217-1252), but 
 it is not until the reign of his successor, Alfonzo X, the Learned 
 (1252-1275), that the nature, qualifications and functions of 
 the adelantado were set forth in legal terms. They appear in 
 the two general codes, El Especulo 2 and Las Siete Partidas? 
 as well as in a special code entitled, Leyes para los Adelantados 
 Mayores* During the succeeding reigns, as occasion demanded, 
 modifications and additions were made to this early legislation. 
 There were two kinds of adelantados. The adelantado del 
 rey, de corte or mayor was a more immediate representative of 
 the king, while the adelantado de comarca, fronterizo or menor 
 was the more common type. Although of great importance, 
 the former office seems early to have fallen into disuse, its 
 functions passing to other high officials, since all mention of it 
 is omitted from the later codifications. 
 
 1 Salazar, Origen de las dignidades seglares, fol. 60 b. 
 
 2 Libro 4, titulo 2, ley n. 3 Partida 2, titulo 9, ley 19. 
 
 * The several codes may be found in convenient form, reprinted in full, in Los 
 C6digos Espanoles, edited by San Martin in twelve volumes. There is a very satis- 
 factory introduction to each code. Martinez Alcubilla, C6digos de Espafia, is a one- 
 volume work of no especial merit*. It contains only a brief note on the Especulo, 
 For a summary in English of Las Partidas and El Especulo, see Walton, Civil Law 
 in Spain and Spanish America, pp. 72, 75-77. 
 
 5 Ordenamiento Real (1346), lib. 2, tit. 13; Nueva Recopilaci6n (1681), lib. 3,. 
 tit. 4. 
 
 646 
 
SBcroft 
 
 E OFFICE OF ADELANTADO 
 
 According to the provisions of the earlier codes, the adelan- 
 tado mayor was preeminently a judicial officer, occupying the 
 highest rank in the judicial system as it was then established. 1 
 The name of the office was derived from the fact that the sub- 
 ject was put forward into the king's place. 2 Because of the 
 many complaints about the decisions of the lower judges, the 
 king was naturally unable to hear all the appeals that were 
 brought to him ; and he accordingly appointed a supreme judge, 
 who was called the adelantado mayor and who should act in his 
 stead. 3 The original jurisdiction of this officer extended even 
 to controversies between nobles (rieptos), which might lead to 
 wager of battle. His appellate power included all cases subject 
 to appeal from the lower judges. 4 
 
 The incumbent of so responsible a position was to be a man 
 not only of noble family {de grand linaje) and loyalty, but also 
 of prudence and wisdom. Besides these characteristics, he 
 must possess the general qualifications prescribed for the judges 
 of the realm. According to the law the judge had to be of good 
 family (de buen linaje}, in order that he might be ashamed ta 
 make any mistakes in his judgments. He should be a man of 
 clear intelligence, so as to understand the arguments presented 1 
 by the lawyers, capable of avoiding all undue influence and of 
 judging rightly. He should be able to read and write, that he 
 might himself examine all papers, documents and petitions, 
 which might be presented. He should be even-tempered, so 
 as not to complain or become irritated at the accusations of the- 
 parties. Finally, he should render exact justice to every one.* 
 
 The purpose of the brief code of five laws, known as Leyes- 
 para los Adelantados May ores, was to " establish the rules of 
 conduct to which the said functionaries should conform them- 
 
 1 For a discussion of the judicial system of Spain in this period, see Danvila, EJ 
 Poder Civil en Espana, vol. i, p. 175. 
 
 2 " El Rey lo adelanta, poniendolo el Rey en su lugar. " The vague notions pre-. 
 vailing among writers on the Spanish dominion in America as to the meaning of the 
 term is illustrated by Lowery's definition : " Adelantado, a title derived from the verb 
 adelantar, whi:h signifies to advance, to keep on, to surpass." The Spanish Settle- 
 ments in the United States, 1513-1561, p. 135. 
 
 3 Partida 2, titulo 9, ley 19. 4 El Especulo, libro 4, titulo 2, ley if, 
 5 Partida 2, titulo 9, ley 18. 
 
'648 POLITICAL SCIENCE QUARTERLY [VOL. XXVIII 
 
 selves in the exercise of the duties of their elevated rank." 
 The first of the laws prescribes that the incumbent shall take a 
 double oath concerning the interests of the king and of the 
 people. He must swear to honor his lord and counsel him 
 rightly, to keep his secrets and protect his rights. He must 
 -also swear to judge justly and not to be influenced by love or 
 hate or fear or supplication, or by any gifts that might be 
 offered. The second law deals with the matter of jurisdiction 
 in the same terms as the Partidas, except that it goes more 
 fully into detail. The third law provides the form of the oath 
 to be taken. The fourth law deals with the procedure of the 
 adelantado mayor upon his entry into the office. He should 
 challenge all noblemen who were not keeping the peace this 
 being rather a form than anything else. He should make a 
 tour of inspection of the minor judicial districts (merindades), 
 confirming in their offices the minor judges (merinos) who had 
 honestly performed their duties, and removing the incompe- 
 tents, at the same time causing them to make good any injuries 
 or injustices that they might have committed, and putting in 
 their places men who would enforce the laws with equity. 
 Careful instructions, also, were given as to the procedure of the 
 adelantado mayor in the ordering and carrying-out of investiga- 
 tions that had to do with misdemeanors and crimes of subjects, 
 high and low. The last of the laws enumerates the interests 
 that the adelantado mayor was obliged to protect. He should 
 guard the kingdom against robbery and other crimes ; see that 
 the churches were not injured, burned, destroyed or entered by 
 force ; and protect the interests of the clergy, the military 
 orders, the religious brotherhoods, the nobles and women of 
 rank. He must keep the highways in a safe condition for 
 travel and see that no new castles were built without the con- 
 sent of the king. He should prevent the holding of judicial 
 proceedings on specified feast days. He must avoid the use of 
 torture, except in rare cases, and then only before a number of 
 honorable witnesses. In the appointment of minor judges, 
 furthermore, he must not be influenced by any gift or service. 
 
 The office of adelantado menor came into existence about 
 
No. 4] THE OFFICE OF AD ELAN T ADO 
 
 I23Q. 1 The derivation of the name was the same as that of the 
 higher official, for the adelantado menor was also to take the 
 place of the king. According to the Partidas he was a very 
 important official, " placed by the king over all the merinos, not 
 only over those of the districts and regions but also over those 
 of the villages." 2 The chfef distinction between the two offices 
 lay in the fact that, whereas the judicial functions of the adelan- 
 tado menor were not supreme, his administrative functions were 
 more extensive than those of the adelantado mayor. He was 
 thus a judicial officer, endowed with extensive administrative 
 powers, and placed in charge of a certain designated district.3 
 As late as 1681, in the codification known as La Nueva Recopi- 
 lacion, provisions were included dealing with the adelantado 
 menor. From that time onward the office fell into complete 
 disuse. Because of the abuses committed by the adelantados 
 menores they were supplanted by the alcaldes mayores. 
 
 The Siete Partidas provides that the adelantado menor must 
 be a man neither proud nor haughty 4 ; and the Nueva Recopi- 
 lacion further specifies that he must be able to care for the 
 royal interests and especially to protect the frontier districts 
 from evil and danger. 5 Like all other royal officials, he was 
 obliged to take an oath to guard the life, honor and priority of 
 the king; to give his good counsel; to protect the royal prop- 
 erty ; to obey all the royal commands ; and to fulfil the duties 
 of his office well and loyally. 6 
 
 The judicial functions of the adelantado menor were both 
 original and appellate. His original jurisdiction extended to 
 all civil cases involving either the personal or real property of 
 
 1 "The first adelantado de la frontera was the valiant Fernando Ruiz de Castro, 
 who died in Orgaz about the year 1239, taking relief to Cordova at the command o 
 the king." Salazar, Monarchia de Espana, vol. i, p. 155. 
 
 2 Partida 2, titulo 9, ley 22. 
 
 3 Ibid. It is the adelantado of this second and later type who is described by one 
 of the older writers (Salazar, Origen de las dignidades seglares, fol 61 a) as, " in time 
 of peace, the president or chief justice of some kingdom, province or district, and, in 
 time of war, the captain general," and is defined by a modern writer on jurispru- 
 dence (Escriche, Diccionario de Iegislaci6n y jurisprudencia, vol. i, p. 287) as "the 
 military and political governor of a frontier province, corresponding to the Roman 
 provincial president." 4 Partida 2, titulo 9, ley 22. 
 
 5 Libro 3, titulo 4, ley I. 6 Partida 2, titulo 9, ley 26. 
 
650 POLITICAL SCIEXCE QUARTERLY [VOL. XXVIII 
 
 the residents of his district (adelantamiento) as well as to cer- 
 tain " specified matters of other districts." He had cognizance 
 of all cases of justice, with the exception of riepto, broken truces, 
 security of the king and counterfeiting. 1 Later legislation took 
 away from the adelantado menor original jurisdiction over civil 
 matters, leaving him only in possession of appellate powers in 
 that respect. In criminal matters his powers could be exer- 
 cised only in the place where the crime was committed. 2 
 
 The adelantado menor was placed over the lesser judicial 
 officers (merinos and alcaldes de villas"} of his district, and was 
 empowered to hear appeals from their decisions in all matters. 
 In the performance of this appellate function, as well as in the 
 exercise of all judicial powers, he was to be accompanied by 
 persons learned in the law (sabedores del fuero) and also by a 
 clerk, 3 who should be provided with a book in which a record 
 of all decisions should be kept. 4 Upon petition therefor, he was 
 obliged to grant appeals from his decisions to the king; and in 
 case complaint was made before him by a noble in form of 
 riepto or he had knowledge of treachery justifying riepto, he 
 should refer the matter to the king at once, since matters con- 
 cerning the nobility were beyond his powers. 5 
 
 Not less important for the welfare of the adelantamiento were 
 the administrative functions of the adelantado menor. He had 
 to visit his district periodically, punishing evil doers and seeing 
 that all received justice. Having finished the visit, it was his 
 duty to make a report to the king on the condition of the coun- 
 try. He was charged to take care of the interests of the dis- 
 trict, especially avoiding excessive expense and annoyance to 
 to the inhabitants. 6 He could appoint lieutenants, 7 but these 
 must not be nobles or powerful persons. 8 He also possessed 
 the power of nominating alcades menores. 9 
 
 In order to protect the adelantado menor from dishonor and 
 
 1 Especulo, libro 4, titulo 2, ley 12. 
 
 2 Nueva Recopilaci6n, libro 3, titulo 4, ley 15 (Pedro, 1369). 
 
 3 Partida 2, titulo 9, ley 22. 4 Nueva Recopilaci6n, libro 3, titulo 4, ley 18. 
 5 Partida 2, titulo 9, ley 22. 6 Ibid. 
 
 7 Nueva Recopilaci6n, libro 4, titulo 4, ley 3 (Henry II, 1407). * Ibid, ley 5. 
 9 Ibid, ley 16 (Ferdinand and Isabella, 1476). 
 
No. 4] THE OFFICE OF ADELANTADO ge r 
 
 to cause the people to hold him in due respect, a series of pen- 
 alties were provided in the Espectilot For injury by word of 
 mouth, a fine of five hundred sueldos should be paid. If the 
 adelantado were wounded in hand or foot by a common person, 
 the offender paid two hundred and fifty maravedts or forfeited 
 the hand causing the injury. In case the injury caused the loss 
 of a member to the official, the offender forfeited a hand, and 
 one-fifth of his goods went as an indemnity to the wounded 
 judge. The murderer of an adelantado lost his life, and one- 
 fourth of his property went to the king. In case the offender 
 were a " rico ome de pie o mano" he paid five hundred mara- 
 vedis to the wounded judge and a like amount to the king, and 
 if he were a " rico ome de arma" besides the preceding penalty, 
 he lost all his royal lands. 
 
 The office being one of great power, the Siete Partidas 
 imposed various restrictions upon its holders. The adelantado 
 menor was not permitted to bring accusations against any one 
 during his term of office. 2 Neither he nor his dependents could 
 have any business interests, directly or indirectly, except that 
 they might buy needful food and clothing, and, in case they 
 received any inheritance, they might dispose of it as they saw 
 fit. 3 To guard against possible abuses of authority and against 
 individual influences, the adelantado menor was forbidden to 
 marry during his term of office, though he might take a concu- 
 bine if he so desired. 4 Because of the nature of the office he 
 was not allowed to enter certain privileged towns ; he must not 
 take more than the prescribed fees, under pain of losing his 
 office; and he was not permitted to receive more than one 
 hundred and fifty maravedis a year for maintenance while visit- 
 ing each locality. 5 At the close of his term he was held judi- 
 cially responsible for all of his acts, and even his relatives might 
 testify against him. 6 In case it were shown at the trial that any 
 injuries or crimes had been committed because of his negli- 
 gence, he was obliged to pay a fine equal to double the amount 
 of the losses. 7 
 
 1 Libro 4, titulo 2, ley 5. * Partida 7, titulo I, ley 2. 
 
 3 Partida 5, titulo 5, ley 5. * Partida 4, titulo 14, ley 2. 
 
 6 Nueva Recopilacion, libro 3, titulo 4, leyes 8, 9 and n. 
 
 6 Partida 3, titulo 16, ley I. 7 Nueva Recopilaci6n, libro 3, titulo 4, ley 4. 
 
652 POLITICAL SCIENCE QUARTERLY [VOL. XXVIII 
 
 Such were the nature and functions of the office of adelantado 
 menor in Spain at the time when she was laying the foundations 
 of her colonial empire in the New World. 1 Since the domin- 
 ions acquired beyond the seas were regarded as provinces of 
 Castile, it was natural that the term adelantado menor or fron- 
 terizo, as it had been employed during the Moorish conquest, 
 should be applied to the persons who were appointed to repre- 
 sent the crown in these dominions. 
 
 The main problem that arises in connection with the study of 
 the office in its new environment is to determine whether it was 
 actually an office or merely an honorific title. The difficulty 
 arises from the fact that the adelantado in America possessed 
 other titles, and there is no clear distinction as to what func- 
 tions or powers were associated with each title. 
 
 The first adelantado in America was Bartholomew Columbus, 2 
 to whom the office and title were granted by his brother Chris- 
 topher in 1497. The grant caused displeasure at court, since 
 the appointment of an official of such high rank was distinctly 
 a prerogative of the crown. 3 However, the king and queen 
 saw fit to confirm the title and office to Bartholomew Columbus 
 in return for the services he had rendered in the Indies. 4 
 
 From the beginning of the sixteenth century, capitulations or 
 contracts were made by the Spanish crown with ambitious men 
 who sought to win fame and fortune through discovery and 
 exploration in the New World. In the first years of the cen- 
 tury, however, no higher office or title was granted than that of 
 local governor of the region concerned, and even this was 
 accorded only in exceptional cases. 5 By the capitulation drawn 
 
 1 In the reign of Ferdinand and Isabella the adelantados of Spain were those of 
 Castile, Le6n, Andalusia, Murcia, Granada and Cazorla. Altarnira, Historia de 
 Espana, vol. ii, p. 454. 
 
 2 Bernard Moses, Establishment of Spanish Rule in America, p. 69, states that 
 Christopher Columbus was given the title of adelantado. A search of the capitula- 
 tions and patents concerned has failed to reveal any such grant. 
 
 3 Partida 2, titulo I, ley 2. 
 
 4 Herrera, Historia general de las Indias, dec. I, lib. 2, cap. 15, gives an account 
 of this affair. The patent confirming the office and title was issued July 22, 1497, 
 and is printed in full in Navarrete, Viages etc. , vol. ii, pp. 217-218. 
 
 5 Of thirteen capitulations made between 1500 and 1512, only two, those with 
 
No. 4] THE OFFICE OF ADELANTADO 
 
 up in 1512, however, Juan Ponce de Leon was promised the 
 
 title of adelantado * in case he found the land of Bimyny. 2 In 
 
 this promise of 1512 and in the actual grants of 1514 to Vasco 
 
 .. Nunez de Balboa of the adelantamiento of the coast of the 
 
 --South Sea, and to Ponce de Leon of the adelantamiento of 
 
 v'jBimyny and Florida is seen the real beginning of the use of the 
 
 *\ term adelantado in America. 3 
 
 **~ As there was no direct legislation on the subject during the 
 
 early period of colonization, the inception of the office and title 
 of adelantado in the New World must be studied in the agree- 
 ments (asientos) and contracts or capitulations between the 
 crown and the early discoverers, and in the patents granted to 
 the latter. From the patents alone little information can be 
 secured. They contain only an indication of the territory in 
 which the powers of the adelantado were to be exercised; a 
 statement that his powers and prerogatives were to be the same 
 as those of the adelantados of Castile, thus demonstrating the 
 
 Vicente Yanez Pinz6n and Alonso de Ojeda (1501), promised the office of governor; 
 the other offices promised were those of captain of the ship or expedition, or captain 
 and corregidor of the area concerned. In a number of the capitulations no mention 
 whatever is made of office or title. See Documentos IneYlitos de Indias, first series, 
 vols. xxii, xxxi and xxxviii, passim. 
 
 1 " Item que vos hago merced del titulo de Nuestro Adelantado de las dichas 
 Yslas de las otras que en la forma susodicha descubrieredes." Ibid. vol. xxii, pp. 
 26 et seq. In common with other writers, Lowery errs in stating that the first capit- 
 ulation conferred upon Ponce de Le6n the title of adelantado. Op. cit. p. 135. 
 
 2 The name is variously spelled in the documents of the time. 
 
 3 The capitulation with Ponce de Le6n (February 23, 1512) is^snted in Docu- 
 mentos Ineditos de Indias, first series, vol. xxii, pp 26-32. The paTfcit to Balboa 
 was granted September 23, 1514, and is preserved in copy in the Archives of the 
 Indies, est. 109, caj. I, leg. 5, no. I, fol. 174 b-175 b. At this time Balboa was in 
 America and the patent was sent to Alonso de Puente, treasurer of Castilla del Oro, 
 in a letter of the same date (ibid. fol. 171; Documentos Ineditos de Indias, first 
 series, vol. xxxvii, pp. 287-288); but this did not reach Balboa until well into the 
 year 1515 (Oviedo, Historia */.,' vol. iii, pp. 42-43; Quintana, Vida de Balboa, in 
 Biblioteca de Autores Espanoles, vol. xix, p. 297). Ponce de Le6n's patent was 
 granted four days later (September 27), and is preserved in the Archives of the 
 Indies, est. 139, caj. I, leg. 5, no. 5, fol. 19 b-2i a. As he was then at the cour 
 in Valladolid, he received the patent at once (September 30), as is shown by his 
 autograph receipt for it (ibid. fol. i). It is thus seen that although the patent to 
 Balboa was dated a few days earlier than that to Ponce de Le6n, the promise to the 
 latter had been made two years earlier, and he came into the exercise of the powers 
 and privileges of the office of adelantado several months before Balboa did. 
 
654 POL1 TICA L SCIENCE Q UA R TERL Y [ VOL. XXVIII 
 
 identity of the office in the two hemispheres; and a command 
 to all servants of the crown, both high and low, to render due 
 obedience and respect to the possessor of the title. 1 Not in the 
 patents, then, but in the capitulations is to be found the history 
 of the changing thought of the rulers of Spain regarding the 
 organization of their colonial empire in America; and in their 
 provisions the nature of the office is best exhibited up to the 
 time when the regulations of the crown took statutory form and 
 were duly codified. 
 
 During the course of the sixteenth century, which was the 
 active period of Spanish discovery and exploration in America, 
 some seventy individuals made contracts with the crown to 
 undertake the extension of the new realm. To less than half 
 
 1 Throughout the period of the use of the term adelantado in America the patent 
 was drawn up in the same phraseology. That to Ponce de Le6n (a copy of which is 
 preserved in the general registers of orders, appointments etc. , Archives of the Indies, 
 est. 139, caj. I, leg. 5, no. 5, fol. 19 b-2i a) is typical, and as the patents are un- 
 published, a translation is here given : " Don Fernando, by the grace of God etc. In 
 order to grant benefit and favor to you, Juan Ponce de Le6n, esteeming the services 
 which you have rendered to me and those which I expect you will render in the future, 
 especially in regard to that which you have done and performed in the discovery of 
 the island of Bimyny and the island Florida, which are in the Indies of the ocean sea, 
 which y< u have discovered, and on account of the great service which you have ren- 
 dered there in everything which in the Indies has appertained to our service, and 
 confiding in your sufficiency and ability, in order that there shall remain a memory of 
 you and your services, it is my desire and will, with respect to that which appertains 
 to me, that now and in the future during all your life you shall be my adelantado in 
 the said islands of Florida and of Bimyny, which you have discovered, and in the 
 other islands and lands, which you shall discover in those parts at our command, 
 which have not been discovered by any other person. And you may be able to use 
 and may use the said office in everything connected with and appertaining to it, ac- 
 cording to and in the manner of our adelantados in these kingdoms of Castile; and 
 you may enjoy all the honors, concessions, favors, exemptions and liberties, preemin- 
 ences, prerogatives and immunities which by reason of the said office you may and 
 ought to enjoy and should be rendered to you. And you may have and possess all 
 the rights and other things appertaining to and concerning the said office of adelan- 
 tado, according to law in the manner in which our other adelantados of the said Indies 
 enjoy them. And by this my order I command the councillors, judges, magistrates, 
 knights, squires, officials and gentlemen of all the cities, villages and towns, which 
 there shall be in the future in the said islands which, you shall discover in those 
 parts, that when you, Juan Ponce de Le6n, have made the oath and formality, which 
 are required in such cases and which you should make, they shall have, receive and 
 consider you as my adelantado of the said islands and they shall exercise with you in 
 the said office and in all the cases and things appertaining to and connected with it 
 and shall observe and cause to observe toward you all the honors, concessions, favors, 
 
No. 4] THE OFFICE OF AD ELAN TA DO 
 
 of this number was the office and title of adelantado promised. 1 
 As no grant has been noted later than 1600, the use of the term 
 adelantado may be considered as confined to this period. 
 
 Notwithstanding their general similarity of tenor, the indi- 
 vidual clauses of the capitulations show a great deal of varia- 
 tion in order, form and substance. Four clauses are common 
 to all the capitulations: (a) a statement of the object of the 
 expedition, together with a permission or license to undertake 
 it; (b) a promise of the grant of the title of adelantado; (<:) 
 a promise of the office of governor of the region to be dis- 
 covered and settled ; and (d) a promise to fulfil the agreement 
 on the part of the crown, provided that the individual shall 
 comply with all the stipulations of the contract. 
 
 Usually the statement of the object of the expedition was 
 brief and was accompanied by a recognition of former services 
 as a basis for the grant. The region in which the operations 
 were to be carried on was specified as accurately as the existing 
 
 exemptions and liberties, which by reason of the said office you should have and 
 enjoy and which should be observed toward you. And they shall support and cause 
 to support you in all the rights connected with and appertaining to the said office ac- 
 cording to and with that with which they support and must support our other adelan- 
 tados of these said kingdoms and of the said Indies, and nothing more nor beyond, 
 and in conformity with the said laws. For I, by these presents, admit you and have 
 admitted you to the said office, and I give you power and faculty to use and exercise 
 it in the form above indicated. And I command the illustrious prince, Don Carlos, 
 my very dear and much beloved son, the princes, dukes, prelates, marquises, counts, 
 grandees, masters of the orders, priors, commanders, sub-commanders, wardens of 
 the castles and fortified and unfortified houses, members of my council, judges of my 
 audiencias, mayors, sheriffs, justices of the peace, magistrates, knights, squires, offi- 
 cials and gentlemen of all the cities, villages and towns of the said Indies, that this 
 favor, which I thus grant, of the said office of adelantado of the said islands of 
 Bimyny and Florida, and the other islands which you shall discover, they shall ob- 
 seive and fulfil and cause to observe and fulfil this my order, in everything a? is con- 
 tained in it; and against the tenor and form of it they shall not go nor contravene i* 
 at any time nor in any manner, under the penalty of my favor and of ten thousand 
 for my exchequer. Given in the city of Valladolid, the 27lh of September, 514 years. 
 I the King. Countersigned and signed by the same." 
 
 J Of seventy capitulations examined, twenty-nine promised the title of adelantado. 
 
 Following is a list of those who are known to have borne the title of adelantado 
 during the sixteenth century, given as far as possible in the order in which they made 
 their capitulations with the crown. No capitulations or patents have been seen for 
 those marked x, and the dates of these, which in some cases are conjectural, have 
 been determined from secondary sources. 
 
656 
 
 POLITICAL SCIENCE QUARTERLY [VOL. XXVIII 
 
 DATE 
 
 ADELANTADOS 
 
 REGION ASSIGNED 
 
 TERM 
 
 1497 
 1512 
 
 ISM* 
 1518 
 
 1519 
 
 15*9 
 !5 2 3 
 1524 
 1526 
 1526 
 1527 
 1527* 
 "1528 
 
 1529* 
 
 1529 
 rf'53 
 1532* 
 "1534 
 
 ^ 1534 
 1535 
 '!53 6 
 
 *i536 
 
 i536x 
 "1537 
 <> 1539* 
 
 * 1540 
 
 * 1540 
 ^ 1540 
 " 1544 
 *i547 
 
 Vi555 x 
 1564 
 i5 6 4 
 
 '1564 
 v 1565 
 1/1568 
 1568 
 
 J 1569 
 v i 5 7 5 x 
 ^I 5 8 7 x 
 
 * I59i x 
 J 1600 
 
 Bartholomew Columbus .... 
 Juan Ponce de Le6n 
 Vasco Nunez de Balboa .... 
 
 Indias (i. e. the New World). 
 Bimyny and Florida 
 
 One life. 
 One life. 
 Forever. 
 Two lives. 
 
 Forever. 
 Forever. 
 Forever. 
 
 Forever. 
 
 One life. 
 One life. 
 
 One life. 
 Forever. 
 Two lives. 
 
 One life. 
 
 One life. 
 Two lives. 
 Forever. 
 
 One life. 
 Two lives. 
 
 Two lives. 
 Two lives. 
 
 Forever. 
 Forever. 
 
 Forever. ' 
 
 South Sea. 
 
 Diego Velazquez . . . 
 Ferdinand Magellan and Luis 
 Falero . 
 
 Certain islands . ... 
 
 Spice Islands 
 
 Francisco Garay . . .... 
 Lucas Vazquez de Ayllon . . . 
 Rodrigo Bastidas ....... 
 Francisco Montejo . . 
 
 I'aimco. 
 Lands north of Hispaniola . 
 Santa Marta. 
 Yucatan and Cocumel 
 Rio de las Palmas to Florida . . 
 Bermuda 
 5*htv,C*. 34.. 
 
 Santa Marta 
 Coast of South Sea from Chinchu, 
 200 leagues. 
 Tumbez 
 Maranon to Cape de la Vela . . 
 Trinidad. 
 200 leagues toward the Straits of 
 Magellan 
 Rio de la Plata 
 Santa Marta 
 From R. San Juan to Cartagena 
 and Peru ... 
 200 leagues from Rio Salado, 
 New Andalusia 
 
 Panfilo de Narvaez ... . 
 
 Fern an Camelo . . . 
 
 Pedro de Alvarado. 
 Enrique Cinquer and Guillermo 
 Sayller 
 Simon Alcazaba 
 
 Francisco Pizarro 
 
 Diego Ordaz 
 Antonio Sedeno 
 Diego de Almagro 
 
 Pedro de Mendoza 
 Pero Fernandez Lugo 
 Licenciado Espinosa 
 
 Juan Despes 
 
 Juan de Salinas Loyola .... 
 Hernando de Soto . . 
 
 Yguarsongo . . .... 
 Rio de las Palmas to Florida. . 
 Rio San Juan. 
 Rio de la Plata to Straits of 
 Magellan. 
 Popayan. 
 Cartagena 
 
 Pascual de Andagoya . . 
 
 Alvar Nunez Cabeza de Vaca . . 
 
 Sebastian de Belalcazar .... 
 Pedro de Heredia 
 
 Francisco Orellana 
 Juan Sanabria ... . . 
 
 Amazon ... 
 200 leagues from mouth of Rio 
 de la Plata 
 Rio de la Plata. 
 Western Islands 
 Omagna, Yomeguas, Quivandto, 
 in New Estremadura. 
 Rio de Darien. 
 F lorida 
 
 Domingo de Irala 
 
 Alvaro de Amendana 
 Pedro Marvaez de Silva . . . . 
 
 Juan de Villora 
 Pedro Menemlez de Aviles . . . 
 Pedro Marvaez de Silva .... 
 Diego Hernandez di Lerpa. . . 
 Juan Ortiz de Zarate . . . . ? 
 
 New Estremadura 
 
 New Andalusia. 
 Rio de la Plata ... . . 
 
 Juan de Garay 
 Juan de Torres 
 Hernando Arias 
 
 Rio de la Plata. 
 Rio de la Plata. 
 Rio de la Plata. 
 New Mexico. 
 
 Juan de Onale 
 
 
No. 4] THE OFFICE OF ADELANTADO 
 
 geographical knowledge of the time would permit; and the 
 earlier capitulations commonly contained a prohibition against 
 encroachment upon Portuguese territory. 1 Permission or license 
 to make the expedition was then specifically given, accompanied 
 by the provisions that all expenses were to be paid by the party 
 entering into the contract. The purpose of the undertaking 
 was set forth as being one or more of the following, viz., dis- 
 covery, exploration, conquest, pacification or settlement. In 
 the earlier capitulations the emphasis is on discovery and con- 
 quest ; later the use of the term conquest fell into disfavor, and 
 for it was substituted in most cases the word pacification. Set- 
 tlement was almost always included as one of the chief objects 
 of the expedition. To the later capitulations was usually pre- 
 fixed a species of introduction, consisting of a long and elabor- 
 ate statement of the propositions advanced by the person seek- 
 ing the grant. If the demands were not in excess of what the 
 'crown was willing to concede, most of the clauses of this pre- 
 liminary statement were repeated in the main body of the 
 capitulation. 
 
 The capitulation proper determined the obligations of the 
 individual and of the crown and the privileges accorded to the 
 former. There was no fixed order in the arrangement of the 
 clauses and no separation of them into distinct groups : they 
 seem to have been put down at the caprice of whatever person 
 happened to draw up the document. Constant repetition and 
 the drafting of legislation on the subject of discoveries made 
 the order of the later capitulations somewhat more uniform. 
 
 In addition to carrying into effect whatever might be inci- 
 dental to the work of discovery and exploration, the adelantado 
 undertook to conquer or pacify and settle the region entrusted 
 to him and to seek the conversion of the natives to Christian- 
 ity. To these ends the proposed expedition had to be duly 
 equipped and provisioned, and a number of priests or brothers 
 
 'General registers of orders, appointments etc., Archives of the Indies, est. 139, 
 
 caj. I, legs. I and 2. Many of the capitulations are printed in Documentos Ineditos 
 
 de Indias, first series, vols. 22 and 23. Misprints and other errors are so numerous 
 
 in this series that, wherever possible, the originals should be consulted. Cf. Lowery,. 
 
 ' op. cit. p. 146, note. 
 
658 POLITICAL SCIENCE QUARTERLY [ VOL. XXVIII 
 
 of the religious orders had to be taken along. In every case it 
 was specified or implied that all this must be accomplished at 
 the expense of the adelantado, but with the hope of reimburse- 
 ment from the profits of the new colony, should the expedition 
 be successful. 
 
 The size of the expedition and the extent of the settlements to 
 be made were not always specified. The number of vessels was 
 usually stated to be that needful for the accomplishment of the 
 task, or that which the applicant desired or was able to send out. 
 Provision was often made for the fitting-out of fleets over a 
 period of years. The number of settlers or of persons to take 
 part in the expeditions, wherever mentioned, varies from twenty 
 to five hundred, but the number rarely fell below one hundred. 
 At times the capitulations fix the number of settlements to be 
 founded, each of which usually was to have at least a hundred 
 inhabitants. 
 
 As it was customary to grant a monopoly of the privilege of 
 discovery, conquest and trading rights, it was found convenient 
 to place a time limit for the fulfilment of the terms of the con- 
 tract. The common limit was one year; but in some cases it 
 was slightly less and in a few considerably more, the extreme 
 limit of ten years being found in the capitulation with Magellan. 
 
 The protection of the newly established colony was almost 
 always the subject of a clause in the capitulation. The indi- 
 vidual entering into the agreement was obliged to build a num- 
 ber of forts, usually from two to four, in suitable locations, 
 either chosen by himself or in conjunction with the advisers 
 indicated by the crown. These were to be of a size and 
 strength sufficient to afford ample protection to the settlers and 
 were to be built at the expense of the adelantado. In some 
 cases it was provided that the initial cost of them should be 
 repaid out of the profits accruing to the crown from the ven- 
 ture. In return for this outlay the adelantado was given the 
 command of each of the forts for one or more lives, 1 with an 
 
 1 The term " one or more lives," as used in this paper, refers to the period of time 
 for which offices and titles conferred by the Spanish crown were to be held. One 
 life indicates that the grant was to last during the life of the grantee only; two lives, 
 during that of the grantee and that of his son or heir; and so on. The expressions 
 commonly used were: one life, two live?, three lives, and forever. 
 
No. 4] THE OFFICE OF ADELANTADO 659 
 
 annual salary for each one ranging from sixty thousand to one 
 hundred and fifty thousand maravedts. In order also to pro- 
 tect the new possessions from dangerous influences, it was 
 provided that certain classes of persons, including foreigners, 
 lawyers and individuals under the ban of the Inquisition should 
 not be taken on any of the expeditions. 
 
 The treatment of the Indians was the subject of much atten- 
 tion in the capitulations. The adelantado was bound to observe 
 all ordinances and laws regarding these new subjects of the 
 crown, particularly those which guaranteed them the status of 
 freedom. After 1526 it was customary to include in each 
 capitulation, either integrally or by title, the general enactments 
 of Charles V on the subject/ 
 
 Certain special rights were usually conferred upon the ade- 
 lantado, some of which were to be exercised in Spain. Thus 
 he was authorized to recruit followers in Castile or other speci- 
 fied places, and he had permission to purchase all necessary 
 supplies, often free of taxation. He was to receive all possible 
 aid, also, in the preparation of his expedition, and officials of- 
 every kind were specifically forbidden to interfere in any way- 
 with his plans. 
 
 In the adelantamiento proper very extensive powers were be-- 
 stowed. The adelantado had the privilege of granting land and 
 
 'These enactments were issued at Granada, November 17, 1526. After an intro-. 
 duction describing the abuses that had prevailed in the founding of settlements and 
 in the treatment of the Indians, they provide (a) that an investigation of such abuses; 
 shall be undertaken; (b) that the Indians shall be treated as free subjects of the 
 crown; (c] that two priests shall be taken on each expedition; (</ > that these priests 
 shall see that the enactments are obeyed; (<?) that no landings shall be made at other 
 than specified places; (/) that the Indians shall be notified on landing that the 
 purpose of the expedition is to convert and civilize them; (g) that forts shall be 
 built if necessary; (h] that no bartering shall be carried on by force: (') that no 
 Indians shall be enslaved unless they refuse to accept religious instruction and to 
 yield obedience, and then only with the consent of the priests and after the fulfil, 
 ment of due legal forms; (/) that the Indians shall not be compelled to work, but 
 may be hired for the purpose; (k) that Indians may be granted in encomiemia (cf, 
 infra] to Christian persons, when this shall be for their benefit; (// that the expe- 
 dition shall be recruited in Castile; and I m) that the discoverer shall receive due re- 
 ward if the terms of the capitulation are complied with. The enactments are given 
 substantially in the capitulation with Panfilo de Narvaez. Documenlos lnditos de 
 Indias, first series, vol. xxii, pp. 231-244. 
 
660 POLITICAL SCIENCE QUARTERLY [VOL. XXVIII 
 
 water rights to the settlers whom he took with him. He could 
 assign Indians in encomienda, 1 usually only for one or two lives. 
 Exemptions from taxation were allowed, not only to the ade- 
 lantado, but also to the settlers and even at times to such mer- 
 chants as might go to the colony. The adelantado was freed 
 for life from the payment of import duties (almojarifazgo), 
 and the settlers were granted the same exemption for periods 
 ranging from six to ten years. The tax on sales (alcabala), 
 also, was usually waived for either ten or twenty years. An- 
 other valuable favor to the adelantado was the grant, for life or 
 for a term of years, of a share (ordinarily a twentieth or a 
 twelfth) of the entire amount of the profits of the colony accru- 
 ing to the crown. In the ecclesiastical tithe, however, which in 
 America was a perquisite of the crown, the adelantado had no 
 share, though a portion of the proceeds of the tithe was often 
 assigned for the building of churches in the new colony. 
 
 Gold and precious metals were the articles from which the 
 greatest profit was expected, and the crown was naturally desir- 
 ous of securing the most ample share of them. It seems that 
 the ultimate aim was always to secure a fifth ; but as this per- 
 centage was evidently considered rather high for the first few 
 years of a new enterprise, it was customary to make concessions 
 by which the adelantado and his followers were not obliged to 
 pay the full fifth. At first a progressive scale was arranged, 
 viz., one-tenth the first year, one-ninth the second and so on 
 until the crown's share should be one-fifth. Later a distinction 
 was made between mined gold and that secured by barter or 
 otherwise. Mined gold paid one-tenth for a period of six or 
 ten years and then was subject to the progressive scale, whereas 
 gold secured by barter paid one-fifth from the beginning, and 
 that found in sepulchres and like places paid one-half. 
 
 In many of the later capitulations there was a clause regard- 
 
 1 Literally " commandery." The term indicates the arrangement, which early be- 
 came usual, under which a group of Indians were assigned, usually under their 
 " cacique" or chief, to some Spaniard of good repute who would oblige them to 
 work under humane conditions and who would see to it that they were taught the 
 Christian faith. Both coercion to labor and conversion to Christianity were viewed 
 as means of uplifting them from barbarism to civilization. 
 
No. 4] THE OFFICE OF ADELANTADO 
 
 ing the disposition of the property or ransom of captured 
 princes. Of this property or ransom, the king was to receive 
 one-sixth and the remainder was to go to the captors ; but in 
 case the chief were killed, one-half of the property was to go to 
 the king. 
 
 The obligations of the crown consisted, as a rule, in the 
 bestowal of honors rather than in the assumption of any finan- 
 cial liability. Of course the protection of the government was 
 given to the adelantado, assuring him due honor and respect, 
 not only in his own adelantamiento, but also in all parts of the 
 kingdom. Ordinarily he was to enjoy a monopoly of carrying 
 on expeditions to the colony and of trading and fishing rights 
 within his district. 
 
 The office of adelantado was granted for one or two lives or 
 in perpetuity, usually with the power, in case the incumbent 
 had no heir, to name his successor. No specific salary was 
 connected with the promise of the office, but in some of the 
 later capitulations it is stated that he shall enjoy such salaries 
 as appertain to the office. Furthermore, as a rule, the adelan- 
 tado was made high sheriff (alguazil mayor), but separate pat- 
 ents were granted for each of the offices. The term of the 
 latter office was generally the same as that of the office of 
 adelantado, and no salary was connected with the position. 
 The most important power of the alguazil mayor was the 
 appointment of the ordinary sheriffs or bailiffs. 
 
 Every adelantado was made governor of- the province that he 
 might settle, thus giving him control of the political administra- 
 tion. This office was granted for one life or for two lives, and 
 carried with it not only a considerable salary but also, at times, 
 a yearly grant of financial aid. When stipulated in maravedis, 
 the salary ranged from 150,000 to 725,000; when in ducats, 
 from 1000 to 5000. The larger salaries carried with them the 
 obligation to pay an extensive retinue or certain prescribed lesser 
 officials. 1 The salary was always to be provided from the in- 
 come of the province, never from the royal exchequer at home. 
 
 1 In 1530 Diego de Ordaz was obliged to pay a justice of the peace, ten squires, 
 thirty laborers, a physician and a druggist. Archives of the Indies, est. 139, caj. I, 
 leg. 2, no. 3, fol. 5. 
 
662 POLITICAL SCIENCE QUARTERLY [VOL. XXVIII 
 
 In order that the adelantado might control the military or- 
 ganization of his province, he was made captain-general. The 
 promise of this office often appears in the same clause with that 
 of governor, although separate patents were usually issued. An 
 ample salary was provided, sometimes separate from that as 
 governor and sometimes included in it. 
 
 The final clause of every capitulation was a promise of the 
 sovereign to comply with the terms of the agreement, in case 
 the adelantado fulfilled all that was required of him. A typical 
 example of this clause is to be found in the capitulation of 1526 
 with Francisco Montejo, adelantado of Yucatan : 
 
 If you do that which is indicated above at your own expense and in the 
 manner already set forth, observing and complying with the said pro- 
 vision which is incorporated above and all the other instructions which 
 we shall order you to observe and to do for the said land and for the 
 conversion of the natives to our holy Catholic faith, I say and promise 
 that this capitulation and everything contained in it shall be fulfilled 
 exactly to you as is indicated above. 1 
 
 A study of the capitulations entered into by persons who did 
 not receive the office of adelantado shows a remarkable similar- 
 ity to those examined above. In fact, every clause of import- 
 ance in the capitulations of the adelantados is to be found in 
 one or more of the capitulations of the non-adelantados, with 
 the exception, of course, of the clause promising the office and 
 title in question. Except for the fact that the expeditions of the 
 non-adelantados, as a rule, were not so large as those of the 
 adelantados, and that the non adelantado was obliged to build 
 only one or two forts, the form and content of the capitulations 
 of the two classes of discoverers was substantially the same. 
 
 Formal legislation regarding the office of adelantado in 
 America is first found in the Ordenanzas sobre descubrimiento 
 nuevo e poblacion, issued by Philip II at Segovia in 1563.* 
 These ordinances were confirmed ten years later, 3 and finally 
 were incorporated, practically without change, in the legal code 
 
 ^ocumentos Ineditos de Indias, first series, vol. xxii, p. 223 
 
 * Ibid. vol. viii, pp. 484-537. 3 Ibid. vol. xvi, pp. 142-187. 
 
No. 4] THE OFFICE OF ADELANTADO 
 
 known as the Laws of the Indies. 1 After the publication of 
 these ordinances, the capitulations were little more than a repe- 
 tition of their provisions. They specify, in a minute and 
 orderly manner, all the customary obligations, duties and privi- 
 leges of persons making contracts with the crown for discoveries 
 and settlements, and receiving in return therefor the office and 
 title of adelantado, or some other. They show, also, that the 
 adelantado was the highest in rank of the three offices conferred 
 for the purposes in question, viz., adelantado, alcalde mayor 
 and corregidor. 
 
 From the language of the Ordenanzas and from the terms of 
 the capitulations themselves it is clear that the adelantado pos- 
 sessed administrative, legislative and judicial powers in his 
 colony. Among his administrative functions was that of grant- 
 ing in encomienda, for purposes of labor and of religious 
 instruction, all Indians, not otherwise assigned, and all who 
 might become available therefor during his term. If they were 
 within the district of a Spanish settlement, the grant could be 
 for two lives and, if without, for three lives. There was, how- 
 ever, one important limitation : the power to assign Indians liv- 
 ing in ports and capitals of the provinces was not conferred 
 upon the adelantados but was always reserved to the crown. 
 
 The power of appointing lesser officials was conferred upon 
 the adelantado ; in some cases absolutely, in others only to a 
 limited extent. Having organized his province by dividing it 
 into suitable districts known as alcalaias mayores, corregimientos 
 and alcaldms ordinarias, he could fill the first two offices by 
 appointment and confirm the elections made by town councils 
 to the last. A suitable salary had to be provided by him for 
 each of these officials. He could also name the regidores and 
 other town officials of the new settlements, in cases where they 
 were not otherwise provided for by the crown, subject to the 
 condition that they should be confirmed by royal order within 
 four years. In conjunction with the councils (cabildos) of the 
 new towns, the adelantado had to provide commons, watering- 
 
 1 The Spanish title is Recopilaci6n de leyes de los Reynos de las Indias. The first 
 edition was published in 1681, by order of Charles II. For a discussion of the code 
 /. H. H. Bancroft, History of Central America, vol. i, pp. 285 et seq. 
 
664 POLITICAL SCIENCE QUARTERLY [VOL. XXVIII 
 
 places, highways and roads needful for the development of the 
 settlement. 
 
 The financial powers of the adelantado were not inconsider- 
 able. He and his successor could make dies for the coinage of 
 money. With the consent of the officials of the royal treasury 
 of the colony, he might employ its funds to such an extent as 
 should be necessary for the suppression of rebellion. He could 
 also make temporary appointments to fill vacancies in the treas- 
 ury department. 
 
 The ordinary military power necessary for the general ad- 
 ministration of the colony was vested in the adelantado. In 
 particular, he was to build three forts and to arm and provision 
 them. The command of these forts was vested in him and his 
 heirs perpetually, with a suitable salary to be paid by the royal 
 treasury from taxes collected in the province itself. 
 
 The legislative power of the adelantado included the making 
 of ordinances for the government of the colony and for the 
 working of the mines, provided that such ordinances were not 
 contrary to justice or to royal orders. The ordinances of the 
 adelantado were valid for two years; in order to continue 
 longer in force, they had to be confirmed by the king. 
 
 Both civil and criminal jurisdiction was placed in the hands 
 of the adelantado, but only on appeal from the lieutenant-gov- 
 ernor, alcalde mayor, corregidor or alcalde ordinario. From 
 his decision an appeal might be taken to the Council of Indies, 
 in civil cases involving amounts greater than six thousand dol- 
 lars, and in criminal cases where the penalty imposed was death 
 or mutilation. It was also provided that the adelantado should 
 be directly responsible to the Council of the Indies ; and vice- 
 roys and audiencias were forbidden to meddle in the affairs of 
 the adelantamiento. 1 
 
 1 The viceroy in the Spanish provincial organization was the representative of the 
 crnwn and the highest administrative officer, having also judicial and military powers. 
 The first viceroyalty was established in 1534 in Mexico. Later three others were 
 formed to govern the whole of Spanish America, viz., Peru (1542), New Granada 
 (1717, 1739) and Buenos Aires (1776). The audiencia was a high court of justice, 
 exercising at times certain administrative powers. It also served in an advisory 
 capacity to the viceroy and formed a check upon his powers. The first audiencia 
 was established in Santo Domingo in 1511. 
 
No. 4] THE OFFICE OF ADELANTADO 
 
 As already observed, the adelantado enjoyed many privileges 
 and exemptions, both because of his rank and because of the 
 great expenses to which he might be put. The privileges in 
 question fall into two classes : those to be enjoyed in Spain be- 
 fore the departure of the expedition, and those to be enjoyed 
 in the colony itself. The first class included such favors as 
 would aid in the preparation and execution of the work pro- 
 jected. The leader of the expedition could enlist men any- 
 where in the kingdoms subject to the crown of Castile and 
 Leon, and avail himself of all means of advertisement necessary 
 to attract public attention to his undertaking. While this was 
 being done, the local officials were especially charged not to in- 
 terfere in the least with his plans, but rather to do whatever they 
 could to further them. Whoever enlisted in the expedition of 
 the adelantado, furthermore, was compelled to obey him and 
 must not desert him or join any other expedition, without due 
 permission, under pain of death. All officials were instructed 
 to grant every facility for the passage of the expedition through 
 their districts and for its departure. It was especially provided 
 that no restrictions should be placed upon the inclusion of the 
 necessary live stock in the supplies to be taken to the colony. 
 The House of Trade (Casa de Contratacion) at Seville was ob- 
 ligated to do everything in its power to aid the undertaking, 
 even to the extent of not investigating the character of the per- 
 sons who were enlisted in it. However, the adelantado should 
 see to it that all his followers were persons of good character 
 and that none of the prohibited classes were included. 
 
 The greatest privilege enjoyed in the adelantamiento as such 
 was the right of the adelantado to select for himself in the dis- 
 trict of each Spanish settlement a repartamiento and to ex- 
 change it for a better one should the occasion arise. This he 
 could bequeath to his eldest son or divide among his children, 
 either legitimate or natural. He was also permitted to own 
 encomiendas in provinces outside of the adelantamiento. The 
 adelantado, also, could import each year a fixed number of negro 
 slaves and two shiploads of arms and provisions, free of duty. 
 In the customary judicial investigation (residencici) at the 
 end of the term of office, the services of the adelantado were 
 
666 POLITICAL SCIENCE QUARTERLY [VOL. XXVIII 
 
 to receive due consideration, and the conduct of the trial was 
 to be regulated accordingly. If the contract had been ful- 
 filled, the crown would grant to the adelantado encomiendas 
 in perpetuity, together with the title of marquis or some other 
 of like rank, as well as extensive tracts of land. 
 
 Finally, it was provided in the Ordenanzas that " discovery, 
 settlement and pacification with the title of adelantado should 
 be given and conceded only in provinces not contiguous with 
 the district of the province of a viceroy or royal audiencia, 
 from which the region could be easily governed, and the dis- 
 covery, settlement and pacification could be made." 1 Where 
 the settlements were to be formed within the jurisdiction of a 
 viceroy or an audiencia, the title of alcalde mayor or corregidor 
 was to be granted. 
 
 Such then was the dignity offered to induce the ambitious 
 Spaniard to leave his home and to brave the wilds of an un- 
 known wilderness for the purpose of extending the dominions 
 of his sovereigns in the New World and of seeking the con- 
 version of its native inhabitants to the religion of his race, 
 always, of course, with the hope that great wealth would come 
 to himself. The size of the expedition, the obligations imposed 
 and the expense involved limited the holding of the office of 
 adelantado to members of the nobility or to men of ambition 
 who had served as subordinates in earlier expeditions and had 
 been enabled to acquire the financial means for more ambitious 
 projects. 
 
 On the basis of the foregoing study, the attempt can now be 
 made to determine whether, in America, adelantado was merely 
 an honorific title or designated an office with functions actually 
 to be performed. The confusion on this point arises from the 
 incompleteness of the legislation of the time, from the fact that 
 identical functions, powers and privileges were granted to 
 officials bearing different titles and ranks, and that the adelan- 
 tado always held a number of other offices which were never 
 clearly differentiated from that of adelantado. 
 
 1 Ordenanza 87, Documentos Ineditos de Indias, first series, vol. viii, p. 513. 
 This had not been the rule up to this time (1563), nor was it strictly adhered to 
 afterwards, as is seen in the case of Juan de Onate, adelantado of New Mexico. 
 
No. 4] THE OFFICE OF ADELANTADO 
 
 At first glance it would appear that adelantado was nothing 
 more than an honorific distinction. In substantiation of this 
 view two facts may be cited : first, that the adelantado was 
 ipso facto governor, captain general and high sheriff of his 
 colony and that the duties he had to perform belonged to these 
 offices ; and second, that many of the local governors who were 
 not adelantados possessed the same functions as the latter. 
 
 On the other hand there are several considerations that tend 
 to prove that adelantado was more than an ornamental title ; 
 that it designated an office with functions of its own, even 
 though these functions were at times discharged and later taken 
 over completely by other officials. 
 
 The relation of the term as used in America to its use in 
 Spain precludes the idea that it was merely an honorific title. 
 In the establishment of a colonial system, offices and functions 
 common in Spain would naturally be transplanted. In Spain 
 the adelantado was a judicial and executive officer of high rank. 
 The dignity was commonly conferred upon persons who under- 
 took the conquest of territory from the Moors. 1 The same 
 crusading spirit was carried over to America, and the use of the 
 term adelantado may be considered as identical in the two 
 hemispheres. If this be true, it can hardly be supposed that 
 an office endowed with such important functions could suddenly 
 be transformed into a title simply, because applied to conditions 
 which were not, after all, so very dissimilar to those prevalent 
 in Spain during the period of the Reconquest. 
 
 This view of the matter is supported by the language of the 
 capitulations themselves. 
 
 You may use the said office in everything connected with and apper- 
 taining to it, according to and in the manner of our adelantados in 
 these kingdoms of Castile, and you may enjoy all the honors, conces- 
 sions, favors, exemptions and liberties, preeminences, prerogatives and 
 immunities, which by reason of the said office you may and ought to 
 enjoy, 
 
 is the phraseology used to indicate the extent of the adelan- 
 
 1 The grant of the adelantamiento of Cazorla to the bishop of Toledo, in return for 
 the conquest of the region, is a notable example. 
 
668 POLITICAL SCIENCE QUARTERLY 
 
 tado's powers and privileges. A reference to the legislation of 
 the Siete Partidas and of other early codes shows the duties 
 that he had to perform and the privileges that he should enjoy. 
 Again, in the ordinances of 1563, the offices of adelantado, 
 alcalde mayor and corregidor bestowed upon the leaders of 
 expeditions for discovery and settlement are differentiated from 
 one another in rank and in the stipulations to be fulfilled. This 
 legislation must be regarded as the crystallization of earlier 
 practice and an evidence of what had been the custom during 
 the preceding half century. The two latter titles certainly 
 carried with them functions, and it is reasonable to infer that 
 the same was true in the case of the adelantado. The ordi- 
 nances, furthermore, provide that there shall be an investigation 
 (residencia) of his administration, precisely as in the case of 
 other officials who had served the crown. And if this were not 
 enough, a survey of the actual administration of their respective 
 provinces by adelantados, such as Ayllon, Montejo, Pizarro, 
 Mendoza, Cabeza de Vaca, Belalcazar, Irala, Menendez de 
 Aviles, Garay, Onate and others, 1 who succeeded in exercising 
 the authority with which they were invested, would show that 
 the title was one of office and not simply of honor. 
 
 The reason for the discontinuance of the office and title of 
 adelantado in America lies in the fact that their bestowal 
 belonged in a peculiar sense to the period of discovery and 
 conquest. By the beginning of the seventeenth century most 
 of the territory claimed by Spain had been brought under the 
 administrative control of viceroys and under the judicial power 
 of audiencias. Since no region was left in which administrative 
 and judicial functions could be combined to the advantage of 
 colonial organization in the hands of a special officer like the 
 adelantado, the office necessarily disappeared along with the 
 circumstances responsible for its introduction. 
 
 ROSCOE R. HILL. 
 
 COLUMBIA UNIVERSITY. 
 
 1 Cf. supra, p. 655, note I. 
 
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 and September numerous recent publications are characterized 
 brief book notes. In June and December is printed a valuab 
 record of political events throughout the world. 
 
 Communications in reference to articles, book reviews and; 
 exchanges should be addressed to the Political Science Qiiar-j 
 terly, Columbia University, New York City. Intending contribu- 
 tors are requested to retain copies of articles submitted, as th< 
 editors disclaim responsibility for the safety of manuscripts. \\ 
 accompanied by stamps, articles not found available will be returned. 
 
 Subscriptions should be forwarded and all business com- 
 munications addressed to the publishers, Ginn & Company, 
 Lancaster, Pa., or 70 Fifth Avenue, New York. 
 
 Yearly subscription, three dollars; single number, seventy-five cents. Back* 
 numbers and bound volumes can be obtained from the publishers. 
 
Lithomount 
 Pamphlet 
 
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 PAT. JAN 21, 1908