CHAPTER CXCVI.

_How the royal court of audience arrive in Mexico during Cortes'

stay in Spain, and what their first occupations were._

While Cortes was staying in Spain, and had already been created a

marquis, the royal court of audience appointed by his majesty arrived in

Mexico. This court consisted of a president, Nuno de Guzman, who was

previously governor of Panuco, and of four licentiates as auditors,

whose names were Matienzo of Biscay or Navarra, Delgadillo of Granada,

Maldonado of Salamanca, (not the licentiate Alonso Maldonado the Good,

who was governor of Guatimala,) and the licentiate Parada, who, up to

this moment, had lived at Cuba.

These gentlemen met with a most splendid reception in Mexico, and

commenced their operations about sixteen days after their arrival. None

of the subsequent viceroys or presidents possessed the extensive powers

granted to these men by his majesty. They had full power to distribute

the commendaries in perpetuity, and they were particularly desired to

reward the Conquistadores handsomely, and to give them the preference in

all matters.

These gentlemen made known their arrival in every town throughout New

Spain, and ordered the citizens to send their procuradores to them, each

provided with a list of the Indians in his province. Many days had not

elapsed before these procuradores and the Conquistadores made their

appearance in Mexico from all parts of New Spain. I myself repaired

thither as procurador syndic of the town of Guacasualco, but when I

found in what manner the auditors intended to treat the matter, I

hastened back to Guacasualco in order to elect the procuradores who were

to represent the interests of the latter place at the royal court of

audience, during the distribution of the commendaries in perpetuity.

Various disputes arose respecting this election, for every one was

desirous of choosing his particular friend; however, at length their

choice fell upon Luis Marin and myself; but when we arrived in Mexico

and the whole of us procuradores insisted upon a distribution in

perpetuity as his majesty had commanded, we found that a great change

had taken place. Nuno de Guzman, Matienzo, and Delgadillo were now quite

against this measure; and the two other auditors, Maldonado and Parada,

died of pleurisy shortly after their arrival in Mexico, and no doubt if

Cortes had been at that time in New Spain calumny would have accused him

of their death also. With respect to the distribution in perpetuity, I

have been assured by many credible persons that the factor was the only

man who stopped it from being carried into effect, for he had so far

gained the confidence of Guzman and Delgadillo, that they never did

anything without consulting him, and allowed themselves to be led

blindly by him in all matters. These gentlemen now opposed the

distribution in perpetuity, because they saw that the Conquistadores by

such a measure would become independent of them, and trouble themselves

no more about them. They consequently considered it more to their

interest to leave matters as they were, for then they could bestow and

take away Indians whenever they liked, by which they would always have

us at their mercy, and they themselves derive great power and riches.

The factor, Delgadillo, and Guzman likewise came to a secret

understanding with each other, that the first-mentioned gentleman should

repair to Spain in order to procure for Guzman the appointment of

governor of New Spain; for they had already learnt that Cortes did not

stand so high in his majesty's favour as at first, and that,

notwithstanding all his great interest at court, he had not been able to

obtain this appointment for himself. The factor accordingly embarked for

Spain, but he had not been many days at sea before he was overtaken by a

violent storm, and his vessel was wrecked off the coast of Guacasualco;

the factor narrowly escaped on shore in the boat, and here this project

ended.

The first thing which Nuno de Guzman and his colleagues did was to

institute an inquiry into the government of the treasurer Estrada, to

which he very patiently submitted. If this man had shown the determined

character we had expected of him, he would certainly have continued

governor of New Spain, for it was only a few months previously that his

majesty had conferred this appointment on him, with every approbation of

the conduct he had pursued in the government of the country; besides

which, Guzman had no further powers than those conferred upon him as

president of the royal court of audience, and even then he could not

make any distribution of lands or of Indians, unless it met with the

approbation of his colleagues. Every inhabitant of Mexico, and the whole

of the Conquistadores would have the more zealously supported Estrada if

he had shown any determination to maintain his authority, as he had

evinced the utmost impartiality in his government, and had scrupulously

acted up to the commands of his majesty; but the inquiry had scarcely

lasted a few days when he grew weary of offering any further resistance

to the court of audience, and he died shortly after of downright

vexation.

This new court of audience was altogether opposed to Cortes and his

adherents, in which partisan-like spirit they instituted an inquiry into

the conduct of Jorge de Alvarado, in his government of Guatimala, and

for this purpose a certain Orduna, the elder, of Tordesillas, was

despatched thither; but I am totally ignorant of the result of his

investigation. In the same way they attacked the government of Cortes,

and specially appointed for this purpose the fiscal and the factor

Salazar. During this investigation, Cortes was accused in open court of

so many base actions, and was altogether so grossly calumniated, that

the licentiate Altamirano, to whom Cortes had intrusted the sole care of

his possessions in New Spain, with cap in hand, stepped up in front of

the president and the auditors, and respectfully begged of them to

bridle the slanderous tongue of the factor, and to forbid him henceforth

to utter his low abuse of the marquis, a cavalier of unblemished

character, and the faithful servant of his monarch. He then demanded

justice of the factor, but very little notice was taken of his

remonstrances, for the next day the factor produced even more infamous

accusations, and the auditors countenanced this in so far that very high

words arose between the licentiate Altamirano on one side, and the

factor and the auditors on the other. At length Altamirano lost all

patience, drew his dagger, and would certainly have killed the factor on

the spot if he had not flown for protection behind the auditors. The

whole city broke out into open insurrection at this circumstance.

Altamirano was thrown into prison, and the factor was confined in his

own house. The whole of us Conquistadores, however, went in a body to

the president and interceded for Altamirano, so effectually, indeed,

that three days after, he was set at liberty again, and a reconciliation

was brought about between him and the auditors.

After this affair had blown over, another of a more serious nature took

place; namely, there arrived about this time in Mexico a relation of

Pamfilo Narvaez, named Zavallos, who had been despatched from Cuba by

Maria de Valenzuela, Narvaez's wife, to gain some information respecting

her husband, who had been appointed governor of the country on the

river Palmas; but, as was currently reported, had perished on the

expedition thither. Maria de Valenzuela had also given Zavallos full

authority to take possession of her husband's property wherever he might

find it, for she imagined he had taken considerable property with him to

New Spain. This man was secretly advised by the auditors to bring

actions against all those of the Conquistadores who had accompanied

Cortes on the expedition against Narvaez, injured his person, burnt his

property, and killed so many of his men. Zavallos immediately lent a

willing ear to this, and forthwith commenced an action of

indemnification against the Conquistadores, who all happened at that

time to be staying in the metropolis. There were altogether 250 of us,

and the whole were condemned in the sum of a certain number of pesos,

and banished to the distance of twenty miles from Mexico. But this

sentence of banishment was instantly withdrawn, and several of us were

not even asked for the fine in which we had been condemned, for it was

very small. But this was not all, for now other enemies of Cortes began

to show themselves, and accused him of having kept to himself a quantity

of the gold, silver and jewels taken at the conquest of the city of

Mexico; that he had even concealed the treasure of Quauhtemoctzin, and

merely given the Conquistadores eighty pesos a piece; that he had only

sent a very small portion of this treasure to his majesty, and that in

such a manner as if the present had come from him alone. Though these

complainants very well knew that the present which Cortes sent on that

occasion to Spain fell into the hands of the French freebooter, Jean

Florin, yet they not only demanded that Cortes should repay the money

captured by this corsair, but also the other treasures which he had

secretly kept to himself.

Various other accusations were brought against Cortes, and in every case

judgment was given in favour of the complainants, so that his

possessions were sold in payment of all demands. The auditors even went

so far as to contrive that Cortes' own brother-in-law, Juan Suarez,

should accuse Cortes, in open court, of the murder of his late wife,

Dona Catalina Suarez, which he sought to prove by witnesses.

With regard to the demands against Cortes respecting the prize-money of

Mexico and the treasure of Quauhtemoctzin, we, the friends of Cortes,

after obtaining leave of the alcaldes, assembled in the house of Garcia

Holguin, and signed our names to a paper, in which we declared that we

would not accept of any share of the fines in which Cortes had been

condemned, and that we had altogether no demand whatever of that nature

against him, as we were perfectly satisfied that the gold, with the

other valuable matters in question, had been duly forwarded to his

majesty, and that this was done with unanimous consent to prove our

fidelity and loyalty to the emperor. When the auditors were informed of

what we had done, they were going to have us all seized, on the ground

that we were not authorized to call any meeting or sign any document of

such a nature without their sanction; but we showed them the permission

we had received from the alcaldes, yet the auditors again sentenced us

to be banished twenty miles from Mexico. This sentence was soon after

indeed withdrawn as on the former occasion, but it nevertheless caused

us a great deal of vexation and sorrow.

The next thing the auditors did was to announce to the public that all

those persons who either descended from the Moors or the Indians, whose

relations or forefathers in the fourth degree had been burnt by the holy

inquisition, or had even been dismissed with the San Benito, should

leave New Spain within the space of six months, or forfeit the half of

their property. Many persons were accordingly called up to vindicate

themselves on this point, and several found their respectability sadly

impugned; yet there were only two persons who were obliged to leave New

Spain on this account.

With regard to the distribution of commendaries, the auditors fully

acted up to his majesty's commands, and they richly remunerated the true

Conquistadores; but the real cause of their downfall was the

immoderateness with which they allowed the Spaniards to mark slaves.

This was carried to so great a length in the province of Panuco, that

the whole of this territory became at length quite depopulated. Nuno de

Guzman had, altogether, something noble and frank about him, and when he

gave, it was with an unsparing hand. For instance, by way of a

new-year's gift he presented the accountant Albornoz with the township

of Guazpaltepec. Albornoz had just returned from Spain, with his wife

Dona Catalina de Loaisa, whom he had recently married, having also

obtained permission from his majesty to erect a sugar refinery at

Sempoalla, which a few years after was completely destroyed. If the

president Guzman pursued a ruthless course in the marking of slaves, and

tried all he could to injure Cortes, the auditor Delgadillo was

certainly no better. It was even said of him that he made grants of

commendaries in consideration of a certain per centage on their annual

produce. Besides this, he appointed his own brother Berrio alcalde-mayor

of the town of Guaxaca, where he oppressed and ill-used the inhabitants

in every possible manner to obtain gold. This auditor likewise

despatched a person of his own name as commandant to the township of

the Zapotecs, whose conduct was equally infamous there as that of Berrio

in Guaxaca. The other auditor, Matienzo, was a man far advanced in

years, and the only one who had not abused his power; but against the

others so many bitter complaints were made, and these so well confirmed

by letters from the monks and prelates, that the emperor ordered the

council of the Indies immediately to recall all the members of the royal

audience, to severely punish them, and to appoint other men of integrity

and intelligence. His majesty also desired that an inquiry should be

made as to the number of slaves which had been marked in the province of

Panuco. Matienzo was commissioned to make the inquiry, as this aged

auditor had shown greater love of justice than his colleagues.

From this moment all the permits which had been given to mark slaves

were considered as invalid, and the marking-irons were destroyed

wherever they were found, and henceforth it was forbidden ever again to

mark slaves. It was even ordered that a census should be taken of all

the slaves in New Spain, in order to prevent their being sold out of the

country, or even from being sent from one province into another. In the

same way it was declared that every distribution of commendaries made by

Guzman and his colleagues to their friends, relations, and other persons

of no worth, should be considered as invalid, and the property these

persons had obtained in this manner was immediately to be delivered up

again.

These commands produced endless lawsuits, for those in possession

employed every artifice to retain what they had once got. Some

maintained they belonged to the body of the Conquistadores, though there

was not a word of truth in it; others asserted that they had been

settled in the country for many years. Some, who could offer no good

excuse, asserted, at least, that they never belonged to the household,

or to the table companions of the auditors; declaring that they had only

called upon these gentlemen from time to time, and appeared in their

suite, to pay them the respect which was due to them in their capacity

of royal auditors. In short, each person defended his property as well

as he could, and, upon the whole, so successfully, that there were only

a few persons who were obliged to relinquish their possessions. The

accountant Albornoz was of this number, and he was again deprived of the

township of Guazpaltepec, which Guzman had given him as a new-year's

gift. In the same way a certain Villa Roel was obliged to deliver up

possession of the township of Quauhnahuac. Villegas, Guzman's

mayor-domo, and other officials and relatives of the auditors, had to

quit their commendaries.

As soon as the news arrived in Mexico that the auditors were to be

cashiered, Guzman and his colleagues determined to despatch a procurador

to Spain, to testify that they had faithfully fulfilled the duties of

their office, and acted up to his majesty's commands. For this purpose,

all the procuradores of the different towns of New Spain then staying at

Mexico, and the most distinguished of the Conquistadores, were desired

to assemble in the principal church, to elect the factor Salazar, when

it would be made to appear as if this man was chosen by our unanimous

consent to repair to Spain, and there to white-wash Guzman and his

colleagues. The auditors had fully expected we should have elected

Salazar, particularly as they had been so liberal in their grants of

commendaries to the Conquistadores.

This meeting actually took place, but so many persons forced their way

into the church who had no voice at all, creating so much disturbance

and noise, that it was impossible to restore order. We therefore

declared to the auditors that it was impossible to proceed with the

business of the day, and that we would assemble in their private

dwelling on the following morning. But as we plainly saw that their main

object was that we should select some one entirely devoted to their

interests, we determined also that a second agent should be chosen in

Cortes' interest. We then proceeded to the election, and our choice fell

upon Bernardino Vazquez de Tapia, in the latter's interest, and Antonio

de Carvajal, who commanded a brigantine during the siege of Mexico, was

chosen to represent the interest of the auditors; however, both these

gentlemen were more inclined to favour the cause of Nuno de Guzman than

that of Cortes: nor could we indeed blame them for this, the royal

auditors having been more bountiful towards us than Cortes. They had, at

least, in some measure acted up to his majesty's commands, by bestowing

commendaries upon us; whereas Cortes, at the time when he had full power

to reward us according to our deserts, totally neglected us. But as

Spaniards are ever loyal, and we could not forget that he had been our

captain, we still felt a great affection for him, more indeed than he

had shown us when it was in his power to have remembered us, according

to his majesty's express desire.

After we had thus selected our two procuradores, a lengthened discussion

took place as to the particular points that were to be impressed on his

majesty's mind. The president and his colleagues, on their part,

maintained that it was imperative on all the procuradores to declare

that it would be both injurious to the cause of religion and the true

interests of the crown if Cortes returned to New Spain, for his presence

would only create factions and disturbances among the inhabitants, and

a good government would be totally impracticable; that moreover it was

not unlikely he would seize the first opportunity of taking forcible

possession of the country, and declare his independence of the Spanish

crown. These assertions most of us Conquistadores positively denied, and

we maintained that his majesty had not a more devoted and faithful

servant than Cortes.

About this time also Alvarado returned from Spain, as governor and chief

justice of Guatimala, and comendador of Santiago. He was accompanied by

his newly-married wife, Dona Francisca de la Cueva, who, however, died

soon after her arrival at Vera Cruz, so that Alvarado and his suite

arrived in Mexico clad in the deepest mourning. As soon as he learnt the

nature of the petition which the auditors were going to despatch to his

majesty, he managed that we should draw up a joint address to the

emperor, in which we fully explained to his majesty the real object the

president and his colleagues had in view. When therefore the two

above-mentioned procuradores laid their papers before the council of the

Indies, the members of this body readily perceived that they contained

nothing but a rancorous feeling against Cortes. Not the slightest notice

therefore was taken of these representations, and the imperial decree

for the cashiering of the auditors was confirmed. Cortes was at that

time still in Spain, and it may naturally be supposed that all these

attempts to injure him turned out to his advantage, and added to his

honour.

Nuno de Guzman in the meantime sent out an expedition to Xalisco for the

colonization of this province, in which, it will be seen, he was more

fortunate than Cortes, who had previously made a similar attempt.

The Memoirs of the Conquistador Bernal Diaz del Castillo, Vol 2 (of 2) Written by Himself Containing a True and Full Account of the Discovery and Conquest of Mexico and New Spain. · 第 60 / 77 章