Page:Vol 2 History of Mexico by H H Bancroft.djvu/654

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THE ÁVILA-CORTÉS CONSPIRACY.

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.[1] 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.[2] 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.[3] During the period of seques-

  1. 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.
  2. 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.
  3. The deprivation of the privilege to appoint governors and alcaldes mayores was repealed much later, when Fernando, the third marquis, married Mencía de la Cerda y Bobadilla, a lady of honor of the princess Isabel.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