History of Mexico (Bancroft)/Volume 2/Chapter 29

by Hubert Howe Bancroft

 

CHAPTER XXIX.

THE ÁVILA-CORTÉS CONSPIRACY.

1564-1568.

The Audiencia's Weak Rule — Ill-feeling toward the Marqués del Valle — Encomienda Policy — Alonso de Ávila's Masquerade — Plot Against the Crown — Valderrama Returns to Spain — Conspiracy Reported — Great Christening of the Marqués' Twins — Arrest of the Marqués and Others — Trial and Execution of the Brothers Ávila — Marqués de Falces, Third Viceroy — Marqués del Valle Sent to Spain — Falces Deposed by Muñoz and Carrillo — Their Cruel Course — Martin Cortés Tortured — His Courage — Complaints Reach the Crown — Summary Removal of Muñoz and Carrillo — Their Fate — Falces Vindicated — Second Rule of the Audiencia — Sufferings of the Marqués — Final Acquittal — Loss of Domain and Property — His Death — Return of Luis Cortés — Later Life of Martin Cortés.

Upon the death of Velasco the city council of Mexico was seized with a brilliant idea. Would the king please send them no more viceroys! For howsoever good they might be in theory, they were sure to bring friends and dependents, to whom they would give the offices rightly belonging to the conquerors and their sons.^[1] This request was sent the emperor on motion of Salazar, by resolution of August 21, 1564. And they desired further that Valderrama should be made the governor, and the marqués del Valle the captaingeneral; and that his Majesty should not regard the clamor of certain friars for an increase of the revenue, as they had only their own interests in view.^[2]

It is scarcely necessary to say that the petition was disregarded by the crown, with whose prerogatives it attempted to interfere. As the members of the council were mostly holders of encomiendas, the conclusion to be drawn from their unusual and rather bold proceeding was that, anxious to secure the perpetuity of their privilege, they looked to the possible rule of the marquis, the chief man among the encomenderos, and of Valderrama, his warm friend, as the best means of attaining their object. The death of the viceroy having occurred while the audiencia was still under investigation, the government of New Spain virtually devolved on the visitador, although under the instruction lately issued by the king in council the succession belonged to the audiencia. This body^[3] was, however, restrained by the authority held over it by their visitador.

 

On the whole, Martin Cortés, the marquis, was a worthy son of his father. In physique, or I might say in physical development, he was a trifle more delicate, of finer form but not so robust, as active but less enduring, as good a soldier, as ready, as brave, but less suited to the rugged life of a conqueror, less ready in resource, preferring the pleasures of refined society to the privations and self-denials of the colonist. In him the father's finer feelings were intensified, some of the father's less worthy qualities, his pride and love of ostentation, were more pronounced.

But comparisons of traits in parent and child cannot after all lead to much increase of knowledge as to their real differences of character. It is not possible so to reverse their situations as to tell what would be the character of the one in the position of the other. We may not determine the quality of the high-born boy in the home of the humble Hernan, or how he would have conducted himself at school, or how he would have won his way on reaching Española, or if he would have succeeded as farmer or lawyer, or would have made money or love, or how he would have carried himself with the crusty old Velazquez on Cuba Island, or what would have been his line of action when the men mutinied at Villa Rica, at the meeting with Montezuma, on the arrival of Narvaez, after the Noche Triste, and in a hundred other cases where one mistake would have been fatal. On the other hand, had the hero of a hundred battles, the winner in a hundred desperate adventures, been denied the poverty, the labor, the hardships, and the discipline which he experienced, and had he been born on a pinnacle of glory, there is no telling whether he would have remained there even for these few years. Whosoever is high must be brought low; and fortunately it is so; for were it not for the certain follies of successive generations, nine tenths of mankind would be in a state of slavery.

Look at this high favorite of fortune! Little dreamed the Estremaduran as he passed from Española to Cuba that an heir of his should ever occupy so proud a position. Cortés, the father, complained to the king that he had not enough; for all his great services and out of all his great conquests there was next to nothing for him; and he made his old age a burden in brooding over the injustice done him, and in begging for greater rewards. He would have added to his fame wealth and authority; he would have for his heir wealth and position. And the heir had it. At one time he received from the New World almost as much as the crown, one hundred and fifty thousand pesos per annum, and he had from forty thousand to sixty thousand vassals. In his way he was the first man in America, the most famous, the wealthiest, occupying the highest social position. He could not be viceroy; he could not hold important office. It was too dangerous to Spanish monarchy. But he could be the social sovereign of Mexico. He could come and go on terms of equality with the viceroy — this son of the Cuban adventurer; he could be on terms of intimacy with the visitador, who for a time was above the viceroy. The oidores, archbishop, and all other dignitaries, state and church, high and low, were profuse and constant in their marks of respect.

 

The void left by Velasco's death was painfully felt. The members of the audiencia failed to command respect; they overlooked small offences, and greater ones were engendered thereby. An occurrence on the 5th of April, 1565, showed how slow the audiencia was to punish offences committed by persons in high position. For some unimportant cause the brothers Bernardino and Hernando de Bocanegra had an altercation in a public street with several other gentlemen. Swords were drawn, and the police stopped the fight with some difficulty, and only after one Cervantes had been wounded. The audiencia paid little attention to the affair; the Bocanegras were arrested, but were allowed to remain at home, where the marquis often visited them. He also used his influence to obtain their acquittal, which was an offence to the others, one of whom was Juan de Valdivieso, the brother of his brother Luis' wife. From that time they became his mortal enemies, and offered him public affront. On one occasion they formed themselves in groups, Agustin de Villanueva and Baltasar de Aguilar being of the number, and laid in wait to insult the marquis as he passed from one to another. Hearing of it the marquis armed his servants with cudgels concealed under their cloaks, and with his brothers and friends went out to face his foes. The first time they met, the Cortés party was passed without recognition; at other times the marquis was coldly saluted, the others then going their way. It must be borne in mind that hitherto it had been customary for every gentleman meeting the marquis in the street to doff his hat, turn back, and escort him on his way. Among the prominent men who would not pay him this courtesy, though remonstrated with by Luis Cortés on his brother's behalf, were Juan de Valdivieso, and the high-sheriff, Juan de Sámano. The breach between the brothers-in-law widened, and Valdivieso had on one occasion to fight his way down stairs in Luis Cortés' house, to which he had been invited for an interview. All this greatly incensed the marquis and his retainers, and open war between the factions was prevented only by the efforts of the archbishop.^[4]

The marquis had, it seems, laid himself open to criticism by his relations with a lady of the same name as the great Cortés' famous mistress, and by favoring her relatives, who were the sons of his father's bitter enemies, to the utter neglect of the offspring of his warmest friends. These likewise became hostile to the marquis, and were afterward found among his accusers. Peralta, 199-200.

Juan Suarez Peralta’s Noticias Históricas de la Nueva España, Madrid, 1878, folio, i.-xxiv. 1-392, the work last cited, was published under the auspices of the minister of Fomento of Spain, and as a part of the Cartas de Indias, by Justo Zaragoza, who changed its title from that given by the writer, which was long and not so appropriate. The author was an eye-witness of most of the events that he relates. What he says of things that happened before this is of little weight; but his descriptions of the conspiracy of the second marqués del Valle and its consequences; of the expeditions carried out during the rules of Mendoza and Velasco; of general affairs in New Spain from the induction into office of the latter; of the landing of Hawkins and fighting at Vera Cruz, and treatment of the English prisoners in Mexico; of the acts of the several rulers down to the administration of the marques de Villamanrique, including the wars with England and Drake's career — these are interesting and valuable. The style is careless, unpretentious, but withal superior to that of some writers of reputation. From page 287 to the end are given notes.

The Cartas de Indias, Madrid, 1877, large folio, x.-xiv. 1-877, and 208 unnumbered, with fac-similes, cuts, maps, indexes, and three chromo-lithographic charts, was issued under the auspices of the department of Fomento of Spain and dedicated to King Alfonso XII. It contains letters from Columbus, Vespucci, Las Casas, and Bernal Diaz; a collection of letters from New Spain, Central America, Peru, Rio de la Plata, and the Philippine Islands — all such letters being of the 15th and 16th centuries. Several of them and a considerable number of signatures of the men that figured in those times are also given in fac-simile. To the above are added about 224 pages of geographical notes, vocabulary, biographical data, a glossary, and cuts, maps, and indexes. The letters and fac-similes, from the first to the last, are valuable in a historic sense, and the vocabulary is useful; but the biographical and historical data are not always reliable, numerous errors having been detected in comparing their contents with official records, and with the memoranda of witnesses of the events related.

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 report was well founded, the encomenderos became excited, and used strong language in expressing their discontent. The fact that neither the audiencia nor the visitador spoke of the matter made it look worse to them; the authorities were going to spring upon them some great injustice, they thought. Complainants began secretly to declare that a vassal's allegiance was binding only so long as the sovereign respected his pledges; and as they had humbly laid before his Majesty their grievances, claiming only their rights, which were denied to them, they should fall back upon force, not in the spirit of rebellion, but by way of defence.

Among the more angry and active were the brothers Ávila. In expressing their views they failed to observe common prudence. They had no regular place of meeting, and held no formal conferences. A number of those most in earnest assembled a few times at the house of Alonso de Ávila, but for a while they arrived at no line of action; they talked over the proposed movement, and welcomed any one disposed to join them. With those who were truly friendly came spies, pretending to be on their side, but in truth wishing only to learn their secrets in order to destroy them. Thanks to the stupidity of Alonso de Ávila, enough knowledge was in the hands of the opposing faction to bring the necks of the encomenderos very near the halter.

As reported by these same enemies, the plan was to proclaim as king of New Spain the marqués del Valle, whose father had conquered the country without aid from the sovereign of Castile; then to call together in parliament the proxies of the cities and villas to recognize and swear allegiance to the new king; to despatch to Rome as envoy a prelate to ask the pope for the investiture of the kingdom; and to solicit from the French sovereign a free pass through his dominions whenever the new government desired to send a messenger to the holy city, offering in return to open the ports of New Spain to trade and intercourse with all nations.

The persons who with Alonso de Ávila appeared as chiefs in the plan were Baltasar and Pedro de Quesada, Cristóbal de Oñate, the younger, and the prebendary of the cathedral, Ayala de Espinosa. They now resolved to invite the marqués del Valle to their leadership, and Alonso de Ávila was to bring their plan to his knowledge; he felt certain that Cortés in his present state of mind would readily assent to it. In the process afterward instituted against the brothers Ávila, there is nothing to show how Cortés received the proposal. But Alonso de Ávila's last confession clearly indicates that the marquis pronounced the plan impracticable, one evidently devised by hot-headed men, a "cosa de burla," one which would not only bring upon its authors the vengeance of Philip, but the ill-will of the natives whose servitude they were thus thriving to perpetuate. Thus far the revolutionists could count only on their own limited resources, and the aid of a few adventurers from Peru.

In truth, Cortés had no thought of joining the insurgents. There was present first of all too much of the father's innate loyalty for the son to turn traitor. It would add nothing to the glory of the name to seize the government of the land won by his father for the crown; and above all, the marquis was clever enough to see that it would be madness for him to risk his present proud position, second in this country only to royalty, and cast his wealth and destiny in with a band of adventurers having comparatively little to lose in case of failure. But for all this there were those who from this hour did not cease to proclaim the disloyalty of the marqués del Valle.^[5]

Ayala de Espinosa, during a short absence of Ávila in October, on his own business, won over to their party Pedro de Aguilar, and wrote Ávila to return at once. His letter remained unanswered; but some days later, on a Sunday, and just before sunset, Alonso de Ávila entered the city at the head of a fantastic cavalcade, consisting of twenty-four men richly clad as Indian lords, and with masks in representation of divers personages. Thus Ávila appeared as Montezuma, and his attendants as members of the royal family and subordinate rulers. Riding through the town they reined up at the house of the marquis, where the sound of music was heard as at an entertainment. Dismounting, they entered and found present many ladies and gentlemen, invited guests, among whom was the visitador. The table cleared of European articles, the room was quickly transformed into the hall of a native prince, with native food, and furniture, and pottery, the performance assuming in every particular the character of an Aztec fête before the conquest. Then the marquis as his father, Hernan Cortés, and Alonso de Ávila as Montezuma, reënacted the first entry of the Spaniards into the Aztec capital, and passing the bounds of history in doing honor to the conqueror, they placed in the hands of the marquis and marchioness feather garlands in imitation of the copilli, or Aztez crown, saying, "This is indeed becoming to your señoría!" and "Accept the crown, marchioness!" In their hands Montezuma's attendants held flowers with couplets conspicuous, some on gallantry and love, others hinting at intended revolt. The motto on the xochitl given to Cortés bore words of encouragement, saying "Fear not."^[6]

In this way the conspirators might test the ground on which they stood; but it was dangerous sport, when taken in connection with the times, the disaffection concerning encomiericlas: dangerous for Cortés; exceedingly dangerous for Ávila.^[7]

Two days afterward the conspirators held a meeting at Ávila's house to perfect their plans. According to the report of the informers it was then arranged that on Friday, the audiencia's government council day, they would divide themselves into groups, each under a determined leader; and that while one band posted themselves at the door of the council-chamber to prevent ingress, another would go into the hall and seize the arms; a third rush into the chamber and slay the oidores and visitador; after which one of their number was to make a sign from the corridor to another standing by the fountain in the court-yard, who in his turn would repeat the signal to a third posted at the outlet into the square; this last person was to wave a red cloak, at the sight of which Ayala de Espinosa would strike twice one of the bells of the cathedral, this being the signal for the conspirators scattered throughout the city to massacre Francisco and Luis de Velasco, and every one known for or suspected of hostility to their plan. The bodies of the oidores were to be thrown into the square, which was to be held by the marquis with as large a force as he could get together, in order to awe the populace into acquiescence. The next step was to burn all the government archives so as to entirely eradicate the name of the king of Castile from their government. Money out of the royal treasury would be liberally used to gain adherents. Luis Cortés was to take possession of Vera Cruz, San Juan de Ulua, and the fleet which was then getting ready to sail for Spain, and every means must be used for preventing knowledge of the insurrection from reaching the king's ear. Martin Cortés, the half-breed, with a strong mounted force, was to advance into Zacatecas and adjoining regions, and bring them under subjection to the new government. The capture of Puebla was to be intrusted to Francisco de Reinoso, and that of other more or less important places to commanders chosen for that purpose. After the proclamation of the marqués del Valle as king, and the assembling of the parliament. Dean Chico de Molina would take his departure for Europe with valuable presents for the king of France and the pope, to win from them the favors before mentioned. At the same time Espinosa was to secretly visit Seville and bring away the marquis' eldest son and heir. The revolution achieved, the new king would make grants of the whole territory, create titles of nobility, and surround his throne with the nobles, that is to say, Spaniards and half-breeds born in Mexico.

Economic measures were likewise considered. The outward flow of precious metals would be checked; with the specie which otherwise would go to Spain, and the cochineal, wax, hides, sugar, and wool, and the products of the Spice Islands, might be built up a magnificent commerce, infinitely superior to anything possible under the auspices of the avaricious old parent. And throughout all time New Spain should never again be placed under the Castilian yoke. Of the insurgent party were several learned men and ecclesiastics, who gave courage to the timid and character to the movement; and it is said that one friar actually supported the measure from the pulpit. Ávila kept open house and encouraged games of ball, dice, and cards; by this means the conspirators could meet freely without attracting attention, and fresh adherents were thus won to the cause. Neither Cortés nor his brothers attended the games, although they were sometimes at the secret conferences; the mind of the marquis vacillated, and notwithstanding Ávila's efforts Cortés deemed it expedient to await the arrival of a new viceroy, and if he attempted to enforce the last cédula on encomiendas, then strike the blow and the people would support them. At another time he said he would wait till the authorities should attempt to ship him off to Spain; and still again he would leave the whole matter to his supporters, promising the coöperation of himself and his most intimate friends at the hour of danger; and finally, he began to manifest a fear of trusting the creoles. At the last meeting in 1565 the marquis had not thrown off his irresolution. So it was said of him. In the early part of 1566 Ávila fell seriously ill and the plot passed almost out of mind. The result of the marquis' lack of conviction, or courage, whichever it was, cooled the enthusiasm of the leading conspirators; the opportunity was lost, and the government found itself in a position to investigate, prevent, and punish.

Much was said on both sides that was false; but it is quite certain that, if the marquis did not himself divulge the plot, he spoke of it to his friend the visitador, who as we have seen was numbered among those to be assassinated. After that he endeavored to soothe the discontented, and prevent an outbreak. The visitador never really believed the affair to be of serious import, as he attributed the words uttered in public to childishness. Then the marquis went further, and charged the conspiracy, if there was a conspiracy, on his enemies, telling the vistador that in Tezcuco, on the day after the wedding of Alonso de Cervantes with a daughter of Diego de Guevara, at the house of Hortuño de Ibarra, the royal factor, the guests under pretence of a tournament, intended to revolt and make themselves masters of the country. No action seems to have been taken by the audiencia on this charge.

The marquis made preparations in February to leave Mexico for Toluca, but was induced by both the audiencia and the visitador to remain in the capital; the authorities still continuing to show him high consideration.

About this time Valderrama, his duties finished, prepared to depart for Spain, He had already dismissed the oidores Villanueva and Puga, sending them away to Spain, and filling one of the vacancies with Doctor Orozco. The marquis was afraid there might be trouble if affairs were left to the audiencia, and he endeavored to keep the visitador in Mexico until the arrival of a viceroy, but was unable to do so.

After the departure of Valderrama, at which the Indians were scarcely less pleased than the oidores whom he held in check, the matter of the conspiracy was more openly talked about, and the audiencia began to investigate. A secret inquiry was started by Oidor Villalobos to ascertain what it was that the marquis had said to the visitador. Friar Miguel de Alvarado, a kinsman of the Ávilas, heard of it, and succeeded in drawing from the oidor a promise to take no further action in the matter, on the plea that the country was at peace, and that the objectionable remarks had been uttered by unimportant persons and had not been followed by any overt act. The marquis had renewed his usual pleasant relations with the oidores, and he observed toward them the same line of conduct pursued with Valderrama, and seconded Father Alvarado in his good work. Not long afterward Pedro de Aguilar visited the friar and asked him to apprise Alonso de Ávila that Villalobos had begun proceedings against him. The friar could hardly believe this report, in view of the oidor's solemn pledge, and he even accused Aguilar of having turned informer, which the latter stoutly denied. However, he made the matter known to his kinsman and to the marquis. Ávila called on Villalobos to assure him of his innocence, which he offered to prove with a sworn statement by Aguilar. The oidor went through the form of taking the affidavit, and pretended to be satisfied. This was the beginning of a long line of dissimulation by the authorities on the one hand, and the conspirators on the other.

The marquis found himself in a disagreeable position; indeed, he now began to realize that his situation was critical. Threatened by the loss of his father's estate at the hand of the sovereign power which was deriving vast benefits from the results of his father's life, he could not but sympathize with the encomenderos. Further than that, the conspirators were his friends and sought to do him honor: he would save himself; he would save them at any cost; and yet if he appeared too warmly their defender they might drag him into the pit. Above all, he must appear vigilant in the royal interests. The sky was threatening; over the house of Ávila it was dark indeed. To escape the coming storm he wrote his former tutor, Diego Ferrer, then in Spain, to propose to the crown an exchange of his marquisate and estates for others in Castile, even if he thereby sustained heavy loss.^[8]

On the 5th of April, 1566, a formal charge was preferred by the audiencia in writing, Luis de Velasco, Alonso de Villanueva, and Agustin de Villanueva Cervantes being the chief movers in the matter. This was not acted on at once, as the oidores well knew that they had not strength to carry it through. The arrest of the leaders of the faction, whoever they might be, would probably cost them their lives. They would wait and watch their opportunity, still continuing the secret search for evidence such as would convict. In the mean time, as the days went by, to the now-awakening inhabitants the atmosphere of the city seemed thick with treason. Certain illegible lines in the scroll of their destiny, on exposure to the constant light, began to show color, and soon the characters could be all too easily read. The weaker of the wicked ones trembled, and hastened to save their lives by turning informers.

Among the first of these was the infamous Pedro de Aguilar,^[9] who after confession and communion on palm-Sunday and the next day, the 8th of April, asked the Dominican friars Cristóbal de la Cruz and Andrés Ubilla to take his statement to the audiencia. He did not, however, produce it in writing until the 23d of May. The marquis had gone to pass holy week at the Dominican convent of Santiago, where he heard from Baltasar de Aguilar on the evening of April 10th what had occurred. He then demanded the keys of the convent, locked its gates, and together with Bernardino de Bocanegra visited the city to see if all was quiet. After satisfying himself on this point he went to his own palace, to hold a consultation with his brothers; these steps betokened a troubled spirit. On Saturday Baltasar de Aguilar and Agustin de Villanueva visited the marquis and opened his eyes to his perilous position. Upon one of the following easier days he called on Oidor Villalobos to renew the assurances of his fealty to the crown.

 

Again the spirit of rebellion was manifest on receipt of information from Diego Ferrer that the India Council had not assented to the perpetuity of the encomiendas, and had peremptorily refused to hear any more on the subject. The encomenderos vented their wrath in violent language, and the rebel leaders renewed their exertions more openly. Ávila bestirred himself among retainers, who determined to go forward even if they must murder the oidores in the street. At this juncture in the affairs of state, the marchioness presented her husband with twins. The baptismal feasts that followed were regal.^[10] Wine flowed freely, and toasts significant of revolution were repeatedly and boldly uttered.

Thus it seemed that rebellion was indeed at hand. The encomenderos were ready for action, and the populace were with the proposed new government. The audiencia hesitated; but finally gathering courage they took a stand, organized a plan of defence, part of which was to arrest the leaders,^[11] the marquis among the number. First of all they caused it to be reported through Ayala Espinosa, an unsuspected informer, that important despatches had reached them by a vessel just arrived from Spain; and the marquis was invited to attend at the opening. Anxious to learn their contents, with cool confidence he entered the council-chamber in the afternoon of the 16th of July, observing, however, that the oidores had placed guards and artillery at the outlets of the building, under the supervision of Francisco de Velasco, brother of the late viceroy, who was acting as captain-general; and that though he was offered a seat no mark of distinction was extended to him.^[12]

All sat down, and one of the oidores addressed the president to learn his orders. Ceinos then said: "Marquis, hold yourself under arrest by the king."^[13] Upon his asking the reason, Ceinos answered, "As a traitor to his Majesty." Cortés seized his sword and indignantly gave his accuser the lie.^[14] But seeing the uselessness of resistance, he soon surrendered and was conveyed to a room prepared in the royal buildings, where were confined Luis and Martin Cortés, who had been arrested by the high-sheriff, Juan de Sámano.

Alonso and Gil Gonzalez de Ávila were taken to the common jail.^[15] Nor did the oidores stop there; many others were arrested and imprisoned. The people were panic-stricken; every man bethought himself of what he had said. Certain friars were seized and confined in their convents, and clergymen in the archepiscopal prison. Soldiers, both mounted and on foot, patrolled the streets, and every precaution was taken to prevent an uprising.^[16] Among the organized forces were many encomenderos, who presented themselves in obedience to an order of the audiencia, and the Tlascaltecs also tendered their services.

Charges of high treason were preferred against the brothers Ávila, and a limited time was allowed them to answer. They denied the accusation, made explanations on doubtful points, and produced witnesses to testify on their behalf. They pleaded the great services of their father and his ancestors. Alonso de Ávila laid stress on the mildness he had always manifested to his Indians, in not distressing them for their tributes; his wife begged in the name of God that more time might be granted for her husband to prove his innocence. Nothing availed, and both brothers were sentenced to death by decapitation. An appeal to the crown and a petition of the city council were disregarded, and the sentence was executed the 3d of August, eighteen days from the date of their arrest. They were conveyed from the jail to the scaffold at 7 p. m., mounted on mules.^[17] The scaffold stood in the chief square, which was strongly guarded. Around were the friends of the prisoners, and a crowd of people. Alonso de Ávila at the last moment confessed the conspiracy; his brother, it is alleged, never ceased to maintain his innocence. It was reported that the friar who attended them loudly proclaimed him an innocent man. This has been denied, but the people believed him not guilty, and accused the audiencia of having sacrificed him out of hatred to Alonso.^[18]

The bodies were removed between 11 and 12 o'clock at night by a priest and the two Velascos to the church of Saint Augustine, where they were subsequently buried, the first men of the city being present at the funeral ceremony. The heads were discovered next morning on poles upon the top of the city council's building. This drew a protest from the council, coupled with a demand for their removal,^[19] which was complied with, and the heads were then nailed to the pillory as a warning.

Alonso de Ávila's house was demolished, according to the usage of the age in Latin countries; the ground was sown with salt, and a pillar erected there bearing an inscription commemorative of the crime for which the late proprietor had suffered death.^[20] The better class of the community declared the sentence unjust. The provincial of the Santo Evangelio, for himself and the council of the Franciscans in that province, in a long letter: of August 8, 1566, to the king, pronounces the charges frivolous.^[21] The audiencia was generally censured, and there would have been serious disturbance had not the streets been so thoroughly patrolled. Some of the encomenderos, pulling their beards, swore to revenge the innocent blood of Gil Gonzalez.^[22]

 

In a measure appeased by what it had thus far accomplished, the audiencia was proceeding more leisurely with the trial of the other prisoners, when on the 17th of September arrived at Vera Cruz the third viceroy, Don Gaston de Peralta, marqués de Falces. He was a lineal descendant of Alonso Carrillo de Peralta, first marques de Falces and second constable of Navarre, under appointment of the king, in 1455. The new viceroy was known as a man of generous sentiments, who had rendered valuable services in the field and council, and was also a good jurist.^[23] He was accompanied by his wife. Doña Leonor Vico, an estimable lady. The title of excellency was given him; his predecessors had been addressed only as señoría.

Before arriving at Vera Cruz the new viceroy learned from the master of a ship of the occurrences at the capital, the imprisonment of the marqués del Valle, and others, the beheading of the brothers Ávila, and the grounds on which the audiencia had based its course. On reaching port he ascertained that no revolutionary movements existed or were contemplated. He passed the first night on board, and landed at 10 A.M. the next day, there being no sign of disturbance. In the evening messengers arrived from Mexico to greet him and deliver letters. Some assured him that all was quiet, others thought he should have a strong guard during his journey to the capital. After ordering the works of San Juan de Ulua enlarged, he set out for Mexico with a light escort of twenty-five or thirty halberdiers, and his twelve servants armed with pikes. In Jalapa he rested eight days, and became satisfied that the country was peaceful. At Tlascala and Puebla he was accorded a warm reception, and in return he thanked the caciques and the people for their loyalty, in the king's name. On the 19th of October he arrived at the capital, and took formal possession of his offices.

After due investigation he became convinced that the audiencia had acted with severity, and he so wrote the crown. On the day of his arrival he ordered away the military force at the royal buildings, leaving a few men to guard the prisoners.^[24]

Meanwhile, contrary to the viceroy's orders sent them from Puebla to stop proceedings in the conspiracy cases, the oidores had hurried them forward, and now Céspedes de Cárdenas, fiscal of the audiencia, demanded the sequestration of the marqués del Valle's estates. This the viceroy and a majority of the council refused to grant, and Falces resolved to send the marquis to Spain.^[25] As regards Luis Cortés, the court sentenced him for high treason to be beheaded, and to forfeit his estate. The viceroy at first affixed his signature to the sentence; there may have been treason in the heart of the accused; but in the review of the case it was modified, and the prisoner was condemned to loss of property and ten years' service in the north of Africa at his own cost. Most of the other prisoners were released.

Falces made much of Baltasar de Aguilar, with the view of obtaining the facts respecting the alleged conspiracy, and finally Aguilar told him that Cortés had no hand in it.^[26] Falces then wrote the crown that in his opinion there had been no conspiracy; the oidores, on the other hand, accused the viceroy of apathy and disloyalty, and thereafter they did all they could to annoy him.^[27]

It was a great monster of rebellion the oidores had crushed — so they would have the king believe, and so they wrote to all Spain about it. They went further, even accusing Falces of favoring the plot, and of having a plan of his own to separate New Spain from the crown of Castile, in support of which he had already thirty thousand men enrolled.^[28] Not satisfied with this, by collusion with the factor Ibarra, who had charge of forwarding the official correspondence, they succeeded in keeping back the viceroy's report, so that the tales of his enemies alone might reach the court.^[29] Yet more and more the people felt that the conduct of the oidores had been infamous, and the informers were held in contempt.^[30]

It was finally agreed to send the marquis to Spain; but difference of opinion arose as to the best way of getting him to Vera Cruz. The oidores, in furtherance of their plans of compromising Falces, threw the responsibility upon him. Reflecting that a large military escort might create alarm, and a small one be useless if the friends of Cortés should attempt a rescue, the viceroy concluded to let him go on parole to Vera Cruz, and deliver himself up to the general of the fleet, Juan Velasco de Barrio,^[31] who was to take him to Spain to be surrendered to the royal authorities. This was done. The marquis was at Vera Cruz on the day stipulated, the 20th of March, having placed his children under Falces' protection, who accepted the trust, but not that of looking after his estates, as the marquis had also asked him.

Together with the marquis were sent to Spain his half-brother Luis, Dean Juan Chico de Molina,^[32] and a Franciscan friar. The informer Cristóbal Ayala de Espinosa also went in the fleet to seek preferment for pretended services. Philip was ready enough to distrust his agents in America, yet he disliked to believe evil of the marqués de Falces. But why did not his viceroy write if he was innocent of the charges advanced by his brother officials? Probably it were better the viceroy should be deposed; and so the licenciados Jarava, Alonso Muñoz, and Luis Carrillo were despatched to Mexico as jueces pesquisidores, or royal commissioners, armed with a peremptory order to Falces to turn over the government to them, and forthwith proceed to Spain, there to answer the charges preferred against him. Jarava died at sea; the other two entered the capital early in October 1567,^[33] and demanded the government from Falces. We may well imagine his indignation at this insult so unjustly and cruelly inflicted; but he obeyed the royal command, and then labored to ascertain the cause of it. He soon discovered the trick that Ortuño de Ibarra had played him, and at once made it public. Much regret was felt at his deposal. The so lately dreadful conspiracy was by this time almost forgotten.

Muñoz, a man of advanced age, being senior in rank as well as in years, took charge of affairs. Flushed with power, Muñoz began to show his character, that of an inflexible, haughty, and cruel man. He aped royalty, ignored the audiencia, distrusted the oidores, and treated with discourtesy all having business with him. His subordinates he regarded with contempt, and a distant bow was all he deigned to gentlemen of high position. When riding out he was escorted by twenty-four halberdiers.^[34]

Early in November Muñoz and Carrillo devoted their whole attention to the proceedings in the political trials. Muñoz as a councillor of the Indies had already acted at Madrid in the cases ordering torture to be inflicted on Cristóbal de Oñate, whom the audiencia of Mexico had sent there. This man, to escape the horrors of the torture, made confessions implicating a number of innocent persons. He was brought back to be used both as witness and victim.

Muñoz, taking upon himself control of the case, ordered the rearrest of those the viceroy had released on bail, and doubled the guards.^[35] Any suspicion, however slight, against any person would insure incarceration. To save themselves from possible accusation many turned informers. The infamous old man became rabid on the subject, and as he moved from place to place he saw conspirators everywhere. The jails becoming insufficient, he had some dungeons built, damp dark horrible places for human beings, and which still existed and bore his hated name in the seventeenth century.^[36]

The criminal trials were prosecuted with activity. Every circumstance, however trifling, was brought to bear heavily against the victims. The time allowed them for defence was short. The result of it was that the prisoners deemed it useless to attempt a defence, and an unjust sentence and its execution usually ended the case. On the 7th of January, 1568, were sentenced to be hanged and quartered for treason and attempted rebellion Juan Gomez de Victoria, Gonzalo Nuñez, and Cristóbal de Oñate, the last named being the one taken to and brought back from Spain. It was believed that the other two were innocent.^[37] On the 8th the three were executed, Nuñez and Victoria confessing their guilt, and Oñate retracting the falsehoods he had uttered in Madrid under fear of torture. He declared just before his execution that all he said about the marqués del Valle having given him a commission to France and to certain high officials was untrue. The next day, mounted on mules and bound hands and feet, the brothers Baltasar and Pedro de Quesada, sexagenarians, were taken to the scaffold to be beheaded; they acknowledged having taken part in a plot against the king. Baltasar de Sotelo met with the same fate.^[38]

 

It becomes my duty here to record one of those hellish acts which makes one blush for one's race, which makes one wonder how superior powers can sit and smile on them. Sapient philosophers may charge it to the times, and there leave it, scarcely knowing what they say; religionists would place it among the mysteries of providence and expect us to be satisfied; there still remains the fact, a most ignoble and worse than beastly one, and wherein man may see something of himself as he is to-day.

While the executions of the 8th were going on in the presence of the people, there lay in one of the rooms of the royal buildings Martin Cortés, Marina's son, undergoing bodily torture. The father had conquered the country for Spain, and the mother had been his most devoted friend and helper; and here now was the son, stretched on a bed of mortal agony, because to his grizzly judge at the trial he would divulge nothing of the secrets of his confederates, were any such secrets in his keeping.

Happy invention! that of water and cord,^[39] as administered at the hands of Pero Baca and Juan Navarro by order of Muñoz. It does not add to the merits of the case to know that Martin was convalescing from serious illness. "I have spoken the truth, and have nothing further to add," Martin said, as they stripped him and laid him on the rack. Being again urged to speak the truth, he replied, "It is spoken." The executioners then proceeded to bind with cords the fleshy parts of the arms, thighs, calves, and large toes, and gradually to tighten them all at once. "Speak the truth," they said. "It is spoken," was ever the reply. Six times they poured a quart of water down his throat, demanding each time a truthful declaration. With wonderful firmness the poor fellow held to his first position. "Kill me if you will, I can tell you nothing more."^[40] And the judges at last believed him, and allowed a little rest, intending to continue after the sufferer should have recovered sufficient strength. Strange that in any age men in the possession of common reason could hope by such means to arrive at the truth! But after all, in the affairs of men there is a happy compensation. Martin's mother is sold into slavery; Martin's father tortures the Indians; Martin himself enslaves and tortures ad libitum; Muñoz imprisons and tortures Martin; death and the devil seize and torture Muñoz.

It was not convenient to torture Martin further. Eighteen days afterwards he was sentenced to exile for life from all the Indies, and from within five leagues of the court of Spain, and to pay a fine of five hundred gold ducats. Others were exiled; some from New Spain, some from the city of Mexico, and all must pay money into the king's treasury.^[41]

Even the marqués de Falces was brought before the dread court of the royal emissaries; charges of disloyalty as well as offences of omission were made against him, to which he pleaded that his conscience was at peace, for he had done nothing incompatible with the duties of a loyal subject and servant of the crown. In view of his rank, the judges abstained from rendering a decision in his case, and referred it to the king. This was all Falces asked, and a few days later he went down to Vera Cruz to embark on the first ship for Spain.

Muñoz continued his abuse of power almost without a limit. The jails as well as his pestilence-breeding dungeons were filled with innocent victims, whose sons and wives dare not move in their release lest worse befall them. For once in their battered existence the Indians were saved by their insignificance from the horrid notice of their present rulers. It was the Spaniards and their descendants, and particularly those of high position, conquerors and sons of conquerors, who had themselves gloried in practising enormities on others, even as they were now wrought upon by fiends of injustice; it was these who were now the sufferers, and at the hands of those of their own race.^[42]

Mexico could no longer patiently endure the yoke. The remedy was worse than the disease; if anything could make traitors it was Muñoz' conduct. Public discontent had by this time reached such a point that the country's peace was really in danger, far more in danger than at any time previous. Measures were taken by the best men to rid New Spain of the crown agent; if the king would do it, well; if not, they would do it themselves. Evading the watchfulness of Muñoz and his minions, they forwarded to Madrid correct accounts of the past and present condition of things over their own signatures. Petitions went to the king from all quarters in Mexico, showing the whole country to be in mourning, in dread and constant alarm, and in actual danger of revolution. And this would cease, the writers said, if Muñoz and Carrillo were at once removed; not otherwise. The crafty and cruel, cold and unscrupulous Philip saw at once that this was no case of iron-heel justice; moreover, he was really indignant at the conduct of Muñoz, who had so infamously misrepresented him. He therefore immediately despatched to Mexico the oidores Villanueva and Puga, the same persons whom Valderrama had dismissed, with orders to depose Muñoz and Carrillo, and compel them to quit the capital within three hours. The two dismissed rulers were to repair to Madrid and explain their acts.

The oidores arrived the 13th of April, 1568, which was holy Tuesday. These officials knew what it was to be up, and what it was to be down. They had been displaced, and they knew how to displace another. The other members of the audiencia were pleased to receive them; nothing could be worse than as it had been. Muñoz was a pious man; for so old and so rank a sinner he was exceedingly pious. He was spending holy week at the convent of Santo Domingo, deep in king-craft; for as he had ruled here, so would he if possible rule hereafter. The oidores were all a little afraid of him; nevertheless it was not an unpleasing task to depose the old tyrant; so plucking up courage the two commissioners, with the secretary Sanchez Lopez de Agurto, early next morning repaired to the convent and asked for Muñoz. The page hesitated to disturb his master's rest or devotions, but finally conducted the visitors to his room. Muñoz received them sitting, and barely returned their salutation. Without further preamble Villanueva drew forth the royal cédula and directed Agurto^[43] to read it.

The effect on Muñoz was as if he had been struck. Without uttering a word his head fell heavily on his breast, and after a time he signified his acquiescence. The news that the tyrant had been deposed spread through the city, and the jubilant inhabitants appeared upon the streets just in time to see the so lately proud and haughty representative of royalty, now a poor and trembling old man, friendless and comparatively alone, wending his way out of the country, an object of scorn and execration. His weaker but scarcely less detested colleague Carrillo was with him; and it is said, though probably with exaggeration, that had it not been for the compassion of certain citizens they would have been obliged to perform the journey to Vera Cruz on foot. However this may have been, they received marked demonstrations of antipathy everywhere on their journey. Sharp corners of fortune were those which the king-servers and king-defiers used to turn then in the Indies. Going on board the vessel which was to carry them to Spain, these who had been driven forth found there him whom they had driven forth, Falces, but for them viceroy, and now a king beside them.

Carrillo died at sea.^[44] On arrival at Madrid, Falces at once went to the king and told him all. Philip listened, believed, and gave the faithful servant kind treatment — that is, for a king. Muñoz also went to his master and was received very sternly. "I sent you to nourish, not to destroy," said the king. Muñoz tried to explain, but Philip turned his back upon him. It was enough; disgraced, driven forth, spurned, the old man went his way, and that same night was found dead, sitting on a chair with his head resting on his hand.^[45]

 

It was not generally believed then, nor has it been since, that any plan of independence really had existence at the time. The chief encomenderos, it was explained, angry at the systematic provocation, the arbitrary persecution by the ministers and delegates of the king, in their fear and wrath had endeavored to find some means to defend their threatened interests; but there was no evidence of their ever having ceased to be loyal subjects, their only offence being that some of them squandered their estates. The so-called conspiracy was declared to be nothing more than an invention of the enemies of the marqués del Valle, his brothers, and their friends, to bring them to ruin. Some thought it a plan concocted at Madrid for despoiling the encomenderos. Juan Suarez Peralta, one of the victims, who left his views in writing, throws out hints in this direction, but nothing more; it was dangerous in those days to speak one's mind on New Spain government policy. The impudent utterances of Alonso de Ávila cost him his life.

Many effusions in prose and verse were written to commemorate this bloody episode, the most notable being the funeral narrative by the Mexican poet, historian, and political writer, Luis de Sandoval Zapata, who lived early in the seventeenth century. A notice of this composition will be given elsewhere. Its author exonerates both the Ávilas from any treasonable intent, and assures us that the king's council also did so at a later time.^[46]He lays to the malice of informers and the envy and blindness of judges the deaths of many innocent men. We must admit, however, that during the epoch under consideration a plot to bring about the secession of New Spain from the mother country was brewing, so much having been confessed by Alonso de Ávila first, and by the brothers Quesada later; though it certainly was not worthy of the consideration given it by the oidores in their zeal or animosity. Indeed, the depositions of the persons having knowledge of the circumstances show that treason had not been seriously considered. The viceroy, who carefully read the evidence, could not believe that criminality had been intended,^[47] and this seems to have been the conclusion arrived at by the king in approving the course of Falces and condemning that of Muñoz and Carrillo.

But, whatever opinion we may hold of the conduct of the Ávilas and others, it is quite certain that the marquis, Martin Cortés, took no part in any plot against the crown. Not that there was wanting cause or inducement; but the risk was too great. With Spain and so many Spaniards and the native Americans against them, the insurgents could not possibly have sustained themselves. And then his name, his proud position, his princely estates: failure would involve the forfeiture of all these. Yet here there was little to choose; if the godly Philip desired any one's property he usually took it if he could. For an innocent man the penalties inflicted on the marquis by the king and council were grievous; but they assisted to foster suspicion until a good share of his wealth was secured.^[48] His case was not terminated for several years. Whether it was that nothing could be proved against him, or that he paid over sufficient money, or that the court deemed him no longer dangerous, he was finally acquitted, and the family reinstated in all its honors, rights, and privileges, but not till a large fine had been exacted.^[49] Most of the sequestered property was restored in 1574. Tehuantepec was taken by the crown on the pretext of its being needed for a port and navy-yard, and as a point from which to make discoveries.^[50] During the period of sequestration, the government had paid the pensions of Doña Juana de Zúñiga, the dowager marchioness, and of her brother the friar Antonio,

The marquis died the 13th of August, 1589. It is believed that the sentence of exile in the case of Martin, Doña Marina's son, was never carried out. On the 17th of March, 1568, he was still living in his own house, as appears in a petition asking for an extension of the time he was allowed to enjoy that place as his prison. As he was in bad health it is likely the petition was granted, and he was troubled no more after Muñoz was dismissed. Nothing further is known of him or his family. It is probable that he left no legitimate descendants. Luis Cortés returned to Mexico after the acquittal of the marquis in 1574, and lived almost in obscurity. He never took part again in public affairs, and at his death left to his descendants the name of Cortés de Hermosilla.

 

 

1. 'Pues traen á criados á quien hacer las mercedes.' Mex. Col. Leyes, (Mex. 1861), li.-lii. Valderrama urged the prompt appointment of a successor who should not have the presidency of the audiencia; this, he said, could be given to the archbishop, and at his death to a jurist. Cartas, in Pacheco and Cárdenas, Col. Doc., iv. 364-6, 371-2.
2. Frailes bulliciosos que por conseguir obispados dan arbitrios para aumento de las Rentas Reales, con perjuicio de la tierra.'
3. Then composed of the oidores Pedro de Villalobos, Villanueva, Vasco de Puga, and the senior Ceinos.
4.  

   Scurrilous epistles were sent anonymously, among them this quartette:

   'For Marina, soy testigo,
   gano esta tierra un buen hombre,
   y por otra, deste nombre
   la perdera quieu yo digo.'

5. Some say that he temporized with them in order to learn their secrets that he might divulge them to the king, and thus, like his father, secure the country to the Castilian crown. But by a strange fatality the authorities after a time began to feel hostile to the marquis. Peralta, Not. Hist., 198-9.
6. 'No temas la cayda pues es para mayo subida.' Ávila confessed he had done it to afford pleasure, and without other intention. Orozco y Berra, Not. Conj. Doc., 8, 38-9.
7. Ávila that evening told Espinosa and Aguilar, 'todo era aplicado para lo que estaba concertado,' according to Zamacois, Hist. Méj., 80. Torquemada, i. 629-30, wrongly places this feast later, after the birth of twins to the marquis. He has been followed by Alaman, Disert., ii. 111; Cavo, Tres Siglos, i. 178-9; Mora, Mej. Rev., iii. 208-9, and others. But the proceedings against the conspirators fix the time plainly enough. Peralta, Not. Hist., 205, agrees with Torquemada, but speaks of the birth of one son, Pedro, now christened. He adds that neither Luis de Velasco nor his friends were at the festival, which was something very fine; that on some of the earthen vases was the letter R under a crown; and that Ávila gave the marchioness one bearing a crown over R/S which the informer at once interpreted as Reinarás, thou wilt reign. This, if true, would signify prearrangement, which could hardly have been the case. During the feasts Dr Orozco, he concludes, sallied out with a number of followers, carrying concealed arms to prevent a possible revolt. The real fact was that the feast in question was long before the marchioness bore twins, which occurred in 1566, their christening taking place with great pomp on the 30th of June. This was subsequent to the receipt of the supreme government's final decision, unfavorable to the perpetuation of the encomiendas. It is possible that Torquemada and his followers have unwittingly confounded the two feasts, and quite probable that the follies of the first were wholly or partially repeated at the second.
8. 'Para tratar con la real persona que le hiziese de le dar en los reynos de Castilla, en trueque de su marquesado la renta y vasallos que la pareciese aunque fuese la mitad menos.' Orozco y Berra, Not. Conj., 90.
9. The marquis' enemies learned the facts from Baltasar de Aguilar Cervantes, the man chosen by the conspirators for maestre de campo. He had near relatives among the former, and was advised to secure his property without delay, and then inform the government of all he knew of the plot, and the names of the parties implicated, himself included: 'y es verdad, por lo que ví, que fué llevalle como por los cabellos, y así fué y hizo su denunciacion.' Peralta, Not. Hist., 201. This same authority, p. 207, says that Agustin de Villanueva Cervantes, who had been at the head of the marquis' enemies, managed to obtain an interview with him on the pretence of joining the plot. Before doing this, however, he obtained leave of the audiencia under its seal, with written instructions. Then he partook of the communion and went to the marquis' house, kissed his hand, and tendered his services. The marquis talked freely about the conspiracy, and the conversation was reported to the audiencia. It is unlikely that the marquis placed any confidence in Villanueva, and yet it is possible that he endeavored to draw him out. This man Villanueva figured later at an important event in Vera Cruz, which will be duly related.
10. A raised wooden passage-way four yards wide was constructed between the marquis' house and the pardon-gate of the cathedral. On both sides his Indian vassals had placed platforms with flags and showy ornaments. Luis de Castilla and Juana de Sosa, his wife, acted as sponsors, and the children were taken to the church in the arms of two gentlemen, Cárlos de Zúñiga and Pedro de Luna. Dean Chico de Molina officiated. Salvos of artillery were fired as the cortége entered and left the church; a tournament, games, and banquet followed. The common people were also munificently remembered. Orozco y Berra, Not. Conj., 46-7.
11. Luis Cortés, knight of Calatrava, Martin Cortés, knight of Santiago, and the brothers Ávila. Peralta, Not. Hist., 207. Valderrama, the visitador, in 1564 made Martin alguacil mayor, and his half-brother, Juan Jaramillo, became the same year one of the two alcaldes de la mesta of Mexico. Cavo, Tres Siglos, i. 175.
12. He wore a summer dress of damask, a black cloak, and a sword. The author quoted saw him enter and heard him exclaim: 'Ea, que buenas nuevas emos de tener.' Peralta, Not. Hist., 208.
13. Marqués, sed preso por el Rey.' Orozco y Berra, Not. Conj., 48; Torquemada, i. 631.
14. 'Mentis, que yo no soi traidor à mi Rei, ni los ha avido en mi linage.' Id. According to Peralta, Not. Hist., 208-9, the marquis was commanded to deliver his sword, and on asking the reason, was answered, 'luego se dirá;' and that Cortés did not then learn the cause of his arrest, but believed the order for it had come in the despatches just received from the king.
15. Dean Chico de Molina and another clergyman named Maldouado, and Friar Luis Cal, guardian of the convent of Santiago Tlatelulco, appear among the number. Those placed under arrest in their own houses, under penalty of death should escape be attempted, were Luis and Pedro Lorenzo de Castilla, Hernan Gutierrez Altamirano, Lope de Sosa, Alonso Estrada and his brothers, Juan de Guzman, Bernardino Pacheco de Bocanegra, Diego Rodriguez Orozco, Juan de Valdivieso, Nuño de Chavez, Luis Ponce de Leon, Antonio de Carbajal, Fernando de Córdoba, Juan Villafaña, Juan de la Torre, and several others. All these were of the nobility and gentry. Their papers were searched, and abundance of evidence was found against Ávila. According to Torquenada, i. 631-2, some of the strongest evidence was in ladies' billets to him. Orozco y Berra, Not. Conj., 49; Vetancvrt, Trat. Mex., 9; Cavo, Tres Siglos, i. 180.
16. Soldiers attended divine service at church with the matches for their arquebuses burning, to the great scandal of worshippers. The excitement was such as had never been witnessed in Mexico. Peralta, Not. Hist., 212.
17. Alonso de Ávila was dressed in black, and had on a Turkish robe of gray damask, a velvet cap with a gold plume, and a gold chain round his neck, this being the same apparel he wore when taken to prison. Torquemada, i. 632.
18. Peralta, after describing the scene when the sentence was read to Alonso de Ávila in his cell, positively claims that both brothers made confession of their guilt, and implicated the marquis, 'y condenaron al marqués y á otros, como consta por sus confisiones.' This author, as he says, was among the men who under Francisco de Velasco guarded the square, and his horse's head almost touched the scaffold; he saw and heard all that passed; the unskilful executioner severed the heads only after several strokes, and thus made the prisoners suffer greatly. As to the words uttered by the friar, Domingo de Salazar, who later became bishop of the Philippines, he distinctly heard them to be: 'Señores, encomienden á Dios á estos caballeros, quellos dizen que mueren justamente, . . . y que lo que abian jurado en sus confisiones era verdad,' which Alonso, on bemg interrogated, confirmed then and there. The friar's words were purposely misrepresented by many; but the audiencia gave an authenticated copy of them to any one who desired it. Peralta, Not. Hist., 211-23, 227-8.
19. Torquemada, followed by others, asserts that the council threatened to remove them by force if its demand was not forthwith attended to, as the city was not traitorous. Orozco, however, throws the entire responsibility on the first named for these details, the protest alluded to not appearing on the council's hooks. Torguemada, i. 632; Cavo, Tres Siglos, i. 181; Orozco y Berra, Not. Con., 51.
20. It was on Reloj street, corner of Santa Teresa. Alaman, Disert., ii. 142.

    'Por ignominia les aran
    Y de esteril sal las siembran
    
    ●⁠●⁠●⁠●⁠●⁠●
    Del cincel en une piedra
    Padron afrentoso erige.'

    Zapata, Rel. fúnebre, in Orozco y Berra, Not. Conj, 501-2.

21. Todo debia de ser palabras de Moços livianos, y mal recatados, en su hablar, y todo sin fundamento, y sin medios ningunos, para poner nada en obra.' Torquemada, i. 632-4.
22. Antonio Ruiz de Castañeda full of wrath swore to revenge Gil's death if it cost him his whole estate. For this he was brought to trial, when he qualified the remark, saying he meant 'juridically,' even if he spent his estate, and had to go from door to door begging for funds to carry an appeal to the crown. Orozco y Berra, Not. Conj., 401.
23. 'Sugeto de particulares prendas, y virtud.' Lorenzana, in Cortés, Hist. N. Esp., 15. 'Hombre prudente y enemigo de persecuciones.' Mora, Mej. Rev., iii. 216.
24. According to his report the monthly cost of the guard was 2,060 pesos, without including the captain's pay, the powder, and other necessary expenses. Falces, Informe, in Mora, Mej. Rev., iii. 429. Ceinos, the senior oidor, and ethers tried to persuade him that a revolution was certain, and referred to the Franciscan friar Diego Cornejo to corroborate their statement, but he felt satisfied that no revolt was intended. Id., 431-4.
25. Much kind attention was paid Cortés by Falces, who allowed his friends to see him at all hours, day and night, and even visited and was visited by him. This offended the oidores. The marquis also became reconciled with Baltasar de Aguilar Cervantes and others of his former enemies who made advances on hearing that jueces pesquisidores would soon come out from Spain.
26. Later on, being tortured by order of the visitador Muñoz, he retracted that declaration, saying that his first statement had been the correct one, and adding that his deposition to the contrary had been instigated by Falces. Peralta, Not. Hist., 230-2, 238.
27. The annoyance had begun even earlier, as may be judged by the conduct of the oidores Villalobos and Orozco, who occupied the viceregal apartments in the royal buildings, and only vacated them upon a peremptory demand by Falces. This gave rise, as may be seen, to disagreeable correspondence, which Falces alluded to in his report to the government. Peralta, Informe, in Mora, Mej. Rev., iii. 429.
28. Falces as a lover of the fine arts had caused a battle scene to be painted in one of the halls of the palace, which represented men in action. Torquemada, i. 634. The king of France at one time had shown much regard for the marqués del Valle, and as the viceroy had relatives at the French court and in Navarre, these facts were adduced and made much of by the enemies of the two accused marquises. Peralta, Not. Hist., 232-3.
29. 'Las cartas, que el Virrei escrivió, y causas, qu en su descargo embiaba, las hizo detener Ortuno de Ibarra, que era Factor del Rei, y Hombre poderoso, y favorecido.' Torquemada, i. 635; Peralta, Not. Hist., 233; Cavo, Tres Siglos, i. 183-8; Orozco y Berra, Not. Conj., 57.
30. Ayala de Espinosa said to the audiencia that society was treating him with contumely for what he had done, and that the object was to make the evidence of himself and others appear as unworthy of credence. Pedro de Aguilar was allowed to leave for Spain. Orozco y Berra, Not. Conj., Doc., 161; Falces, Inf., in Mora, Mej. Rev., iii. 445-6.
31. He based his action not solely on the reasons given in the text, but also on the fact that Cortés' high rank entitled him to trust; 'pues principes, galeras, fortalezas, oficios, y otras cosas de gran calidad se fiaban y entregaban á caballeros hijos dalgo con un pleyto homenage, el cual tenia tanta fuerza de fidelidad y obligacion.' The old chivalrous spirit animated him, it seems. Falces, Informe al Rey, in Mora, Mej. Rev., 424-48; and Falces, Proceso, in Orozco y Berra, Not. Conj., 411-40. The official report of the marqués de Falces, viceroy of New Spain, on the alleged conspiracy of the second marquis del Valle and others to wrest the country from the Spanish crown, is a clear and detailed account of political affairs as he found them on his arrival, and as they continued to the time it was written in 1567. As such it is, judging from the writer's character, well deserving of consideration and credence. It was the same document, wilfully kept back by the king's factor, from which resulted Falces' temporary disgrace and untold evils to Mexico. In the Registro Trimestre, and also in Mora, Mej. Rev., it is stated that the memorial was delivered to the king. But as a matter of fact it was presented to the royal commissioners Dec. 6, 1567, when the fiscal of the audiencia in Mexico preferred charges against Falces.
32. In Madrid he was subjected to the torture, by which he lost the use of one arm. He was also deprived of his rank. Peralta, Not. Hist., 255.
33. All the authorities agree upon the time except Vetancvrt, Trat. Mex., 9, who gives their arrival in March 1568.
34. 'Queria hacer guerra al Cielo...no sabia baxar la cabeça á la Tierra... debia de creer, que los Hombres eran bestias.' Torquemada, i. 637.
35. Among the prisoners the following names appear: Martin Cortés, Baltasar and Diego Arias de Sotelo, Francisco, Fernando, and Bernardino Pacheco de Bocanegra, Nuño de Chavez, Luis Ponce de Leon, Agustin de Sotomayor, Hernando de Bazan, Diego Rodriguez Orozco, Pedro Gomez de Cáceres, Antonio de Carbajal, Baltasar and Pedro de Quesada, Juan de Valdivieso, Antonio Ruiz de Castañeda, García de Albornoz, Gonzalo Nuñez, and Juan Gomez de Victoria (these last two were servants of the late Alonso de Ávila), Cristóbal de Oñate, Pedro Gonzalez, a son of the conqueror Andrés de Tapia, Rodrigo de Carbajal, clergyman. Many others apppear incidentally in the general proceedings, those of their own trials not having reached us. The property of such as had any was sequestered. Orozco y Berra, Not. Conj., 59; Doc., in Id., 217-470; Torquemada, i. 636; Cavo, Tres Siglos, i. 183.
36. One thousand workmen were employed, completing them in 15 days. Peralta, Not. Hist., 237.
37. 'Dicen, que murieron sin culpa.' Torquemada, i. 636. Orozco y Berra, Not. Conj., 60, gives only the executions of Victoria and Oñate.
38. Mora, Mej. Rev., iii. 218-19, says that his brother Diego Sotelo was also put to death. Torquemada, i. 636, gives only the execution of Baltasar de Sotelo. According to Orozco y Berra, Not. Conj., 61, the brothers were merely banished.
39. Being a knight of Santiago, and the rules of the order requiring the presence of other members at the act, Francisco de Velasco and the bishop of Puebla, Antonio de Morales, y Molina were summoned to witness it. The latter has been blamed for taking part in an act so unbecoming a Christian prelate; but it seems that he appeared at the special request of Martin Cortés. Torquemada, i. 636.
40. 'Ya he dicho la verdad, y per el Sacratísimo nombre de Dios que a duelan de mí, que no diré mas de aquí á que me muera.' Orozco y Berra, Not. Conj., 61; Doc., in Id., 231-2.
41. Among the most noted were: Diego Arias Sotelo, transported to Oran on the north coast of Africa. The three brothers Bocanegra suffered torture, confessed nothing, and were sentenced to Oran. Bernardino de Bocanegra had been first condemned to death for the murder of Juan Ponce de Leon, but was saved through family influence and finally sent to Oran. Of those exiled I find the following: Pedro Gomez, son of Captain Andrés Tapia, Antonio Ruiz de Castañeda, Garcia de Albornoz, and Juan de Valdivieso. Only one of those sent to Oran ever left that place. Torquemada, i. 636; Peralta, Not. Hist., 247-8.
42. 'No avia Hombre con Hombre en la Tierra, y de tal modo vivian todos, que no sabian de sí, ni como defenderse, ni ampararse de tantas crueldades, y tiranias, como hacia.' Torquemada, i. 636. It must be here stated, however, that the Franciscan province of the Santo Evangelio, to which Torquemada afterward belonged, had by this time changed its opinion respecting the political condition of the country. It may have been from an honest belief, or from a feeling of gratitude to Muñoz for favors received, that fathers Miguel Navarro, provincial, and Diego de Mendoza, Juan Focher, and Joan Ramirez, definidores, in a letter of May 24, 1568, commend in glowing terms his rule, adding that if he could have retained his powers two or three years, the country would be in much better state than it ever had been since the conquest. He had already set everything in order in both spiritual and temporal concerns, and his name stood now very high. In the prosecution of the marqués del Valle and others, both Muñoz and Carrillo had done their duty like good Christians, using no more severity than was needful, and the evidence produced at the trials should be considered dispassionately: 'si ensangrentaron algo las manos no devia conuenir otra cosa para la entera pacificacion destos reinos.' They conclude wishing for Muñoz' return, or the coming of some one possessed of his spirit, and with freedom of action. Navarro et al., in Cartas de Indias, 159.
43. It is presumed he was the same known also as Sancho Lopez de Recalde, who was secretary of the royal council in Spain in 1544, and afterward a notary public in the city of Mexico, where he died in 1575, leaving two sons, Sancho Lopez and Diego; the latter of whom became a canon of the cathedral; the former was a notary public before 1572, and in 1575 was made notary and secretary of the audiencia, holding the office till November 9, 1582, on which date he wrote a letter to the king in council. It seems he had often written the king on public affairs. During the disturbances of the so-called conspiracy of the marqués del Valle, he contributed with his estate and personal services, together with those of his relatives and subordinates, to the preservation of peace and guarding of the city. In October 1576 the secretary of the civil department was Juan de Cuevas. 'Till lately he had a colleague, Sancho Lopez de Recalde, who died recently.' Enriquez, Carta al Rey, in Cartas de Indias, 333.
44. His death was caused by a stroke of apoplexy. The body was carried to Habana. Peralta, Not. Hist., 252, 347.
45. Muñoz was cruel as well as pious, and Carrillo was pious as well as cruel; at the tortures the former showed greater pity, a softer heart; whereas the other being weaker was more harsh. The people, however, had an idea that Muñoz was the more monstrous of the two, and they feared him beyond compare. One man actually took a fever and died in two days upon receiving a harsh message from Muñoz. Id., 250-1.
46.  

    Bien que despues el Consejo
    De la Magestad exelsa
    
    ●⁠●⁠●⁠●⁠●
    Declare con su clemencia
    No hubo culpa de traidorea
    En los Ávilas

    In Orozco y Berra, Not. Conj., 502.

47. His words in one place were 'el alzamiento que en esta tierra dicen se pretendió hacer;' and in another, 'despues de la sospecha de alzamiento.' In Mora, Mej. Rev., iii. 424, 435-6.
48. The marquis was sentenced to serve in Oran and to perpetual banishment from the Indies, to the payment of many thousand ducats, and the jurisdiction in his estate was also taken from him. Peralta, Not. Hist., 255-6.
49. Fifty thousand ducats, and to make a forced loan to the crown of 100,000 more for war expenses. He must have been kept confined. He certainly was in custody from January 1 to October 13, 1572, at the fortress of Torrejon de Velasco, during which time 73,888 maravedís were expended for his support, which were paid to the officers holding him, by the treasurer-general of the kingdom, under an order of the royal council. Valdaracete, Peticion, in Pacheco and Cárdenas, Col. Doc., xiii. 456-8; Consejo, Real, Mandamiento, in Id., 458-61.
50. The deprivation of the privilege to appoint governors and alcaldes mayores was repealed much later, when Fernando, the third marquis, married Mencía de la Cerda y Bobadilla, a lady of honor of the princess Isabel. The Cortés family remained in Spain till Pedro, the fourth marquis, a brother of his predecessor and whose wife was Ana de Pacheco de la Cerda, a sister of the conde de Montalvan, came to Mexico, where he died January 30, 1629, without issue. It is said that at his funeral were in attendance 300 Franciscan friars from the city of Mexico and neighboring towns. The entail went to his niece, Estefanía Cortés, wife of the Neapolitan nobleman duke of Terranova and Monteleone. The estates and seignorial rights remained in the house till the war of succession to the Spanish crown, when, the duke having taken sides with the house of Austria, they were placed under sequestration. This was raised after the peace of Utrecht confirmed Felipe V., the first Bourbon to wear the Spanish crown. They were again sequestered at the time of the invasion of Napoleon, and restored to the family after Fernando VII. recovered his throne. The family retained the estates till 1820, with the exception of the seignorial privileges, the Spanish córtes having abolished all such. Upon the independence of Mexico the estates were sequestered a fourth time, for a while, during Iturbide's short imperial sway. In 1833 they were declared national property, and in 1834 restored to the owner. Such has been the devious course of tenure in the Cortés estates. Terranova y Monteleone, Espos., 63; Mora, Mej. Rev., iii. 226-7; Datos Biog., in Cartas de Ind., 858; Alaman, Disert., ii. 171.
     

    I would here offer my tribute of respect for the prominent writer and accomplished scholar Manuel Orozco y Berra. Probably no Mexican historian of modern times has been so generally held in high esteem both by his countrymen and by scholars everywhere. Enjoying the fullest facilities, with the confidence of the government, and of all who held in possession materials for history; with a sound mind, a facile pen, and a generous sympathy for the just and humane on all questions relating to society and civilization, he was a man of whose name his country may well be proud.

    Most important in writing the present chapter, and a work I have freely used, is his Noticia Histórica de la Conjuracion del Marqués del Valle, Años de 1565-1568, Mex. 1853, 8vo, xii. 72, 505 pp. It contains an historical account of the affair which has hitherto somewhat improperly been known as the Martin Cortés conspiracy, some having attributed it to the second marqués del Valle. A sketch of his early life is also given, accompanied by copies of the legal processes against the persons implicated, including the deposed viceroy, the marques de Falces. I notice that the greater part of the legal proceedings, many of the answers of witnesses, and the pleadings of the accusation and defence are omitted, probably on the ground that they would have thrown but little light upon the subject. More valuable is an extract giving the confessions of the prisoners and the sentences decreed against them, together with interesting acts and documents, in which the original orthography and punctuation are retained. The editor also gives foot-notes wherever he regarded them necessary. At the end of the volume is a ballad or romance in verse, the subject of which is the execution of the two brothers Ávila, written about the beginning of the seventeenth century.

    Subsequently Orozco y Berra's studies were directed to scientific subjects, and he published several valuable treatises on ethnography, hydrography, and kindred topics. Still later, however, as the fruit of many years of diligent researches during his leisure hours, a work appeared which entitles him to he numbered among the distinguished historians of his country. It bears the title Historia Antigua y de la Conquista de México, Mexico, 1880, 8vo, 4 vols., pp. ix. 584, 603, 527, 694, and comprises four parts: La Civilizacion, El Hombre Prehistórico en México, Historia Antigua, and Conquista de México, based on the best authorities extant. The first three divisions give an interesting description of the general condition of ancient Mexico and part of Central America, of the rites, religion, social and intellectual standing; the prehistorical inhabitants, their relations to those of the Old World; the history of the different regions, beginning with the early traditions of the Mayas, and ending with the Anáhuac empire previous to its overthrow by the Spaniards. Numerous foot-notes are given in support of the text; also interesting bibliographical notices, and essays on ancient laws, taken from unpublished documents, and on hieroglyphic writings and chronology of the Aztecs and Mayas, all of which gives indubitable evidence of the author's painstaking labor. The fourth volume, remarkable, like the third part, for a great number of explanatory notes, begins with the earliest expeditions, from which originated the final conquest of the Mexican empire, and concludes with the departure of Cristóbal de Tapia.

    It is to be regretted that the narrative of this eventful period should have been given so largely in extracts, rather than in the author's own words. His interpretations are usually fair, and his criticisms on Prescott and others searching and pertinent. Perhaps for the early part of the conquest he is inclined to favor unduly the somewhat prejudiced narrative of Las Casas, and the statements of various persons made during the residencia of Cortés are frequently given more credit than they deserve, though here the letters of the conqueror himself and the versions of Bernal Diaz, Herrera, Gomara, and other standard chroniclers have been used, and also the native records. Taken as a whole, it is a work reflecting the highest credit both on the author, and on the government which in just appreciation facilitated its publication.