Page:Vol 2 History of Mexico by H H Bancroft.djvu/263

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RESIDENCIA OF CORTÉS.
243

was he wholly free from the fear of Cobos which pervaded all who had interests to sustain at court.[1] He was greatly blamed for this leniency, even by members of the Council of the Indies, it is said, and the common opinion was that no serious exceptions would have been taken had he executed them.[2] Whatever may be the opinion regarding his cautious policy, he certainly was no longer the same determined, self-reliant commander that had achieved the conquest. The hardships and attendant sickness of the journey to Honduras had evidently left an indelible impression, as shown by his puerile regard for omens there, and his vacillating attention to different counsels.

We have seen how the duke of Béjar and other influential friends of Cortés had prevailed upon the king not to condemn him unheard. Nevertheless the complaints of his enemies were too serious and the interests involved too weighty to permit the matter to rest. It was decided to send a judge to take a residencia on the spot, in accordance with the laws of Spain, and involving no actual indignity, as the government was naturally expected to give heed to the complaints of its subjects. It was an admirable arrangement of Spain to place this salutary curb on the ambition and avarice of its governors, though, like many similar enactments, it was liable to abuse.[3] In view of the interests at stake and the merits of the accused, a person of quality and learning was selected for judge, in the person of Licentiate Luis Ponce de Leon, a relative of the Conde de Alcaudete, and act-

  1. As Gomara himself intimates, Hist, Mex., 247; Cortés, Cartas, in Pacheco and Cárdenas, Col. Doc., xii. 482. In his letter from Medellin Cortés had sent the assurance that he would chastise none save those guilty of 'lese majestatis,' or offence against third parties who complain. Libro de Cabildo, MS., 118
  2. So Bernal Diaz, ubi sup., expresses it.
  3. In a letter to Cortés announcing the resolution the king takes pains to impress this necessity. He had every confidence in his loyalty, and was pleased with his services, and felt sure that the residencia would reveal the purity of both. Cédula, in Col. Doc. Inéd., i. 101-2.