son an encomienda or repartimiento of Indians.
[_In the margin_: "Have the governor and Audiencia send an information
in this matter, and the archbishop a separate one."]
8. I have understood that the governors have been accustomed to
assign encomiendas in this country in a manner to suit their own
purposes. Thus, if any person possesses an encomienda which ends
with his life, they add a reserve in such wise that they make
the encomiendas hereditary and perpetual for their relatives, so
that they may resign them, and allow the governor to assign them to
whomsoever they will. On the other hand, they have an agreement with
the governor that he shall assign it to the person designated by the
one who resigns it. That this matter may be the better understood,
I shall relate a case in which it happened. A certain captain, Juan
Maldonado Borrocal, one of the conquerors of these islands, holding a
repartimiento as an encomienda, went from here to the court in Spain;
and there married a widow, and returned with her to these islands. He
died, and conformably to the law of succession, the wife succeeded
to the encomienda. The latter had a son by her former husband,
and as, on her death, the said encomiendas would remain vacant, she
resigned them, and the governor assigned them anew to the son, who
was a boy. Neither he nor his father had served in these islands. It
is easy to imagine how this pleased the old soldiers who had shed
their blood on the said encomiendas to conquer them, and some were
eager for that repartimiento. Accordingly it is easy to see how much
remedy there was left, when the governor granted the said encomiendas
contrary to what your Majesty has ordered. To correct this, it would
be fitting that your Majesty order that such resignation should not
be made in any manner; and that in such cases the governor cannot
assign any repartimiento of Indians.
[_In the margin_: "Have the decrees which are despatched for the
settlement of these matters duplicated, also those that direct that
appointments cannot be made by resignation and renunciation of the
said encomiendas; order that these be exactly observed and complied
with; and let it be again ordered that encomiendas which have been
resigned shall not be filled by the governor, but that he shall
advise his Majesty, who may order according to his pleasure in the
matter. If he appoints to them, they shall be null and declared void;
and the fiscal shall advise conc
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