Page:Vol 2 History of Mexico by H H Bancroft.djvu/627

Rh I will mention another incident of outlawry reflecting on the audiencia. On the night of the 17th of June, 1565, the alcalde Julian Salazar while patrolling the city came upon an armed servant of the marquis, and relieved him of his sword. The servant reported it to his master, who despatched two others to claim the sword; they went armed and haughtily made a demand, which the alcalde met by disarming them; but on learning that they were retainers of the marquis he offered to give back the weapons, which the men refused to receive, and on returning home gave a false account of the affair. Cortés became very angry and hurried away to Salazar, whom he grossly insulted and disarmed. The alcalde complained to the audiencia; but after long and tiresome proceedings the marquis triumphed. The truth is, the audiencia was hardly a free agent in the matter, because of the intimacy between the visitador and the marquis.

Velasco's letter of June 22, 1564, had the desired effect. The king on the 6th of May, 1565, summoned the marquis to answer within six months the charges preferred by the royal fiscal, Gerónimo de Ulloa, upon which he based a demand for the repeal of the grant to Hernan Cortés; his grounds being that it was both surreptitious and arreptitious, inasmuch as it had been obtained without stating the correct number of vassals, or the revenue and jurisdiction, and through a representation that it was of little value to the royal patrimony. On being notified the 28th of September by Sancho Lopez de Agurto, escribano de cámara of the audiencia, Cortés took the cédula and placed it on his head, as became a dutiful subject. Only a few days before he had been enjoined by a royal order from using a seal larger than a half-dollar, or having any ducal device thereon.

A few days later there arrived at Vera Cruz Pedro de la Roelas' fleet from Spain, and rumor soon had it that the king's final decision on encomiendas had been unfavorable to holders. Without ascertaining if the