[XVIII‑39] Remesal, Hist. Chyapa, 200, 367.
[XVIII‑40] It was the general wish that Governor Maldonado should be chosen, but this was rendered impossible by his appointment as president of the new audiencia. Remesal, Hist. Chyapa, 393.
[XVIII‑41] The members were the bishop, Cristóbal de la Cueva, Gabriel de Cabrera, Sancho Barahona, and Hernan Mendez de Sotomayor.
[XVIII‑42] In this document the petitioners especially brought forward as an injustice a regulation previously passed that only married settlers could hold repartimientos. Id. The cabildo had as early as February 1538 made a representation to the crown on this matter, in which they explained the difficulty and expense attending the procuring of wives from Spain. Arévalo, Col. Doc. Antig., 13-14. It is evident also that in 1543 the cabildo again addressed his Majesty on the subject of their claims, as the viceroy Mendoza acknowledges receipt of 'el pliego que venia con ellas para S. M.,' and adds: 'yo escribo à S. M. ... haciéndole relacion, como conviene al servicio de S. M. alargar las mercedes y no acortallas.' Id., 180.
[XVIII‑43] Remesal states that Mendez under various pretexts delayed his journey, and that on the 8th of June the cabildo revoked his appointment. No other procurador appears to have been appointed up to September 10, 1546, when receipt of the revocation of the new laws as regarded the repartimientos rendered such an appointment no longer necessary. On this later date the cabildo resolved to send a commission to the audiencia to solicit its enforcement. Hist. Chyapa, 394-5. But I find that on May 7, 1545, the authorities of Guatemala wrote to the king requesting that their procurador, who had been sent to protest against the new code, might be given a hearing. Squier's MSS., xxii. 138. And Bishop Marroquin, writing on September 20, 1547, mentions that many letters had been sent with Hernan Mendez to the council of Indies relative to his action with the audiencia in 1545. Carta al Principe, in Cartas de Indias, 446. He also states that Mendez was prejudiced against the public will and partial to Herrera and the bishops of Nicaragua and Chiapas, and that there was also another procurador named Olivero in Spain at that time. Squier's MSS., xxii. 44-5.
[XVIII‑44] They also recommended that Don Juan, the cacique of Atitlan, and others who had aided in the pacification of the country should be allowed to retain their Indians. It was, moreover, suggested that alcaldes mayores should be appointed in Guatemala, Nicaragua, and Chiapas. Id., 132-3.
[XVIII‑45] The cabildo on March 30, 1548, thank the emperor for this concession which had been notified by their procurador Al.o de Oliveros. Id., 91-2. This privilege did not, however, last long. In 1564 the procurator at court sought to procure the passage of a law establishing encomiendas in perpetuity, but, owing to the prejudice of the existing council against the colonists, he dared not even broach the subject. In 1565 there were in Guatemala 72 encomiendas which produced 80,000 ducados annually. A royal cédula dated November 28, 1568, ordered encomiendas to be granted solely upon merit, the descendants of discoverers and conquerors being especially considered. But in 1572 the cabildo complained of the incessant arrival of persons provided with royal cédulas granting them encomiendas as they became vacant, to the detriment of deserving residents who had been long in the country. The attempt to obtain encomiendas in perpetuity was abandoned in 1585, and a petition made for their extension to a third life. This was also defeated in 1595. Pelaez, Mem. Guat., ii. 2, 3. Bernal Diaz in the latter years of his life represents himself, in common with four others, the sole survivors of Cortés' soldiers, as aged, infirm, very poor, with a large family, and small income. Hist. Verdad., 250.
[XVIII‑46] Padre Cancer writing to the bishop of Chiapas October 20, 1545, mentions that the cacique of Tezulutlan and other Indians were going to present to him a petition against the enormous tributes which had been imposed upon their people. Carta, in Pacheco and Cárdenas, Col. Doc., vii. 233-5.
[XVIII‑47] Squier's MSS., xxii. 137. In September 1547 Marroquin had heard that the oidor Rogel 'esta nombrado para hacer la retasacion,' and adds, 'Ojalá no sea aora como lo pasado.' Id., 45.
[XVIII‑48] The crown acted upon this suggestion and issued two decrees relating thereto. Marroquin on February 4, 1548, reports that the consolidation of native towns was already in progress and that it was a highly necessary measure. Id., 89, 92.