iven by your Majesty to the governor to declare all encomiendas vacant
in which the rule of succession shall have been transgressed. Then
since some of them are in the hands of deserving persons, in spite
of the improper way in which they have been obtained, they may be
regranted; while many others will remain unassigned and open for
granting to soldiers who have served, but who remain in poverty
and almost in despair of ever receiving a reward. The only reward
in these islands is the encomiendas; and, as they are perpetuated
in the way described, one is never vacated except in very unusual
circumstances--unusual, that is, for this country. Here, for a woman
to be of advanced age is not enough to prevent her marriage, so much
is the succession to her encomienda coveted. The reason for failing
to institute proceedings against all these people is, that they are
in possession; and if proceedings follow the law of Malinas the cases
can take no less time than would be consumed if your Majesty were to
command them to be declared vacant, as I suggest. As for those which
have been vacated during my term of office, I have begun to put a
stop to this improper custom, and shall continue to do so until I am
informed of your Majesty's commands. It is desirable that these be
sent very promptly and clearly, since correction of this evil will
be rendered very difficult if there is any uncertainty.
The same illegality occurs in another way: an encomendero dies, and
is succeeded by his wife; if she marries and has children, these
have succeeded her, and even, when they are married, their wives
or husbands succeed them. This is contrary to the statute that the
succession shall end with the wife of the first encomendero. For all
this your Majesty will make suitable provision.
By a section in a letter from your Majesty to Don Pedro de Acuna,
late governor of these islands, your Majesty commands that the wine
for celebrating mass which was provided to religious in charge of the
instruction of Indians on private encomiendas shall not be given by
the royal exchequer. This decree has caused resentment on the part
of those concerned. They instituted legal proceedings against the
execution of the command, claiming that the previous usage should
prevail, and affirming that the wine is thus furnished in Mexico
and Piru. I presented decrees showing that this is a grant made by
your Majesty to the religious of those provinces for a limited time;
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