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THE FIRST AUDIENCIA AND ITS MISRULE.

civil magistrate sent by the crown to New Spain, was an unfortunate circumstance. He was possessed of bravery as are all great villains; cowards were rare in those days. His avarice was of that quality which knew no pity, exceeding that of Pedrarias Dávila himself, who was at the time holding sway in the south. Luckless land! with two such rulers as representatives of European civilization and the church of Christ! Guzman was ordered to appoint a deputy to govern Pánuco during his absence, and to await the coming of his associates before going to Mexico.

And now the oidores were hurried off to New Spain, for it was the middle of the year, and necessary that without further delay the reins should be taken from the nerveless grasp of Estrada.[1] The cédula appointing them was dated at Burgos December 13, 1527, and gave jurisdiction over the country lying between the capes of Honduras and Higueras, and the cape of Florida, including the provinces round these capes, and those extending to the South Sea, all of which were embraced under the general term of New Spain.[2]

  1. The oidores sailed from Seville in July 1528, Cartas de Indias, 748, with instructions to join their president at Pánuco. If from stress of weather, or from any other cause, they were obliged to land at Vera Cruz, or elsewhere, they were to advise him and to await his coming, that together they might enter Mexico. In view of the urgency of the case, however, and the perils of the sea, it was afterward determined that the president, or any of the oidores who might arrive first at the common destination, might proceed, in certain minor matters, as though all of the associates were present, seniority being determined by date of commission. For several years the audiencia of Mexico consisted of a president and four oidores. A year after the establishment of the audiencia the emperor appointed the grand chancellor of Castile, Dr Mercutino Gatinara, chancellor of the audiencia of Mexico, notwithstanding that he held already a similar position in that of Santo Domingo. He was allowed to exercise his functions by deputy, and to enjoy the derechos de sello during his life. 'The second audiencia began to petition for an increase of oidores and officials, and the number was increased to eight oidores, four alcaldes del crímen, two fiscales, for civil and criminal cases respectively, one alguacil mayor, one deputy of the grand chancellor, and other needful officers. Recop. de Indias, i. 325; Herrera, dec. iii. lib. ii. cap. 1.; Zamora, etc.
  2. See Puga, Cedulario, 12, 22, etc.; Recop. de Indias, i. 324-6. These official authorities for the application of the name suffice to settle a much disputed question for which writers have hitherto been content to accept the unsupported statement of Herrera, 'Con parecer de don Hernando Cortes, a mayor declaracion se mando, que para adelante fuess visto llamarse Nueva España, todas las prouincias que al presente (1528) eran de la gouerna-