presented; and, although I answered the demand of the mariscal by
stating to him the condition of affairs in the island, I have thought
best to refer the matter to your Majesty. As soon as I arrived in these
islands to undertake my office, I was handed the instructions given
to the governor and captain-general who had previously filled them,
Don Francisco Tello de Guzman. By section 47 of these directions,
it was ordained and commanded that if, when the said Don Francisco
Tello should have arrived at Nueva España, the said mariscal should
not have returned to the said islands, his encomiendas should be
confiscated and should be assigned to others, without permitting
reply or excuse; and if any other procedure was followed it was
directed that it should be held as null and void. I made inquiries
to find out if the said Don Francisco Tello had complied herewith. I
discovered that, although he found the said mariscal in Mexico, he
had not complied with the commands given by the said section, but
that he had brought him with him to this city, and in a short time
had given him permission to return to Nueva Hespaña for three years,
under color of having business to do for this city. I also found that
the said mariscal had appealed to the Audiencia, affirming that the
time was too short, and I learned that he received license to remain
for an additional year, making four in all. In truth, however, the
power of attorney held by the said mariscal had been revoked by the
city before he left it in the year 1600. Upon this, I wrote to the
said mariscal in Mexico that, since he was aware of the decree of
his Majesty with regard to his absence, he should return to fulfil
the duty of residence to which he was obliged in these islands, as
soon as the time of his license had expired. If he should go beyond
the period allowed, I informed him that his encomiendas would be
vacated and would be assigned to others. Since he has not fulfilled
the requirement of residence, and since the said term is at an end,