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THE SECOND AUDIENCIA AND ITS REFORMS.

fiscal to the Council of the Indies, was admirably fitted to act as oidor, but Quiroga's leanings were of too clerical a character.[1] According to the instructions, dated July 12, 1530, on arrival in New Spain they were to forward to their predecessors the letter of the empress, notifying them of the change. Their residence at Mexico should be the palace of Cortés, who would be asked to sell it at a fair appraisement. In the absence of the president, the oldest oidor must preside. As protection of the natives was particularly enjoined, they must strictly adhere to the order disregarded by the former audiencia, to hold no natives, not even the ten servants allowed to the former, their pay being for that reason increased by one fourth.[2] All unfinished business pending before the first audiencia was to be promptly despatched.[3] The residencia of the late oidores and officials should be proclaimed without delay,[4] and if guilty they must be sent to Spain, together with the papers in the case.[5] Guz-

  1. So observes Mendoza, Carta, in Florida, Col. Doc., i. 121-2. See Hist. Cent. Am., i., this series. Herrera, dec. iv. lib. vii. cap. viii., says that 'el Consejo supremo daua priessa en la partida de los nueuos Oydores, i procuraua de embiarlos con mucha conformidad de el Marqués del Valle.' Taken alone the latter part of the sentence might be construed to mean that Cortés' feclings or wishes were consulted in the appointment of the oidores, but it refers most likely to the orders given that Cortés and the oidores should sail together; for Cortés himself admits that the matter was not referred to his judgment. Escritos Sueltos, 176-8.
  2. The salary amounted to 500,000 maravedís. Puga, Cedulario, 110. Moreno, Frag. Quiroga, 13, says 600,000, which may include extras. The late oidores should be made to pay the natives employed by them, and if any of the laborers had died the amount should be applied to the hospital fund. Land and other property extorted should be returned, even in case of bona fide sale, if rightful owners so demanded. The fees of audiencia officers should be the same as those of Valladolid and Granada.
  3. Including the residencia of Cortés. But this had already been concluded. The accounts of the late administrator of decedents' estates, Lopez de Ávila, were to be examined, and, as the office had been abolished owing to fraudulent management, the unsettled estates and fees must be taken in charge. In 1550 a juzgado de bienes de difuntos was established, from which the crown derived a goodly revenue. Recop. de Indias, i. 489. For previous regulations, see Puga, Cedulario, 13, 14, 20, 73-4; Fonseca, Hist. Hacienda, v. 458.
  4. The process was specified, yet Fuenleal in a letter of the 30th of April, 1532, asked for further instructions. Carta, in Pacheco and Cárdenas, Col. Doc., xiii, 208-9.
  5. The royal officials had already been ordered to Spain, but the factor had alone presented himself. They must now be sent after having submitted their accounts and left deputies. One charge against them was the engaging in business contrary to instructions. The residencia of alcalde mayores might