Capitulations with Ohate, 1595 
271 
amount that may seem right to it. Let his Majesty be consulted in regard 
to the exemption that is asked for, so that if it pleases him he may grant it. 
Advantages of article 3. His Majesty grants in ordinance 69 that the 
governors shall be under the immediate control of the Council of the 
Indies, and that in the pacified kingdoms and provinces this shall be prac¬ 
tised so inviolably that no viceroy shall interfere in the administration 
of the governments, for every day occasions arise in which they have the 
power to do it and affairs in which it seems right [to them] that they 
should do so. The Count wishes that Don Juan shall be under the control 
of the viceroy in what concerns the war which he is carrying on at his 
own expense and danger, although he is so distant from him, especially 
in matters of war and conquests, whose execution does not admit delay in 
carrying out what it is necessary to do. And in what touches upon the 
real hacienda, as his Majesty has none at present [in that country] there 
is no occasion for disputing about it until it exists, and then his Majesty 
will give the order that is to be obeyed. And as to what concerns justice, 
the ordinance requires that it shall depend solely upon the royal Council 
of the Indies and be immediately subject to the governors, the more so as, 
since this kingdom is so distant from Mexico, and is so rich and full of 
people, it is clearly evident that in a very short time it will be placed under 
the jurisdiction of the Audiencia. The viceroy himself, perceiving that 
it is a very serious thing to modify this very important article, guarded 
himself by saying that his Majesty should be consulted in regard to the 
said exemption, so that if he pleased he could grant it. 
Disadvantages of modification 3. One of the things that has done most 
to moderate the ardor of those who were moved to make this expedition 
is the little aid which the Count has given in conferring personal authority 
upon Don Juan, for, since he compelled Don Cristóbal, his brother, to 
renounce the right to be under the immediate control of the Council of 
the Indies, it seemed to everybody that for any occasion he would take it 
from him and send another in his place. For this reason many who were 
inclined to go did not get ready, for everything that the Count has done 
has been to diminish and cut down the powers and dignity of Don Juan, 
always addressing him as “ you ” in such letters as he wrote to him, very 
differently from what the viceroy Don Luís de Velasco, father of this 
viceroy Don Luis, did with Don Tristán de Arellano when he went to 
Florida, for he accompanied him from Mexico as far as the city of 
Tlaxcala, twenty leagues away, where, with the applause of all the sol¬ 
diers, he took leave of him, calling him “ your lordship ”, whereby he dig¬ 
nified him as a personage and gave strength to the people and expedition. 
Both the one and the oher have been lacking in this, and it will become 
more evident every day if his Majesty does not encourage and favor what 
is now so discouraged, and always has been, by the Count of Monterey. 
Article 4. Item: That I shall have the power to bring every year two 
ships for the provisioning of the country and for the exploiting of what 
mines there may be, free of import duties. Let it be granted to him in 
conformity with article 79 of the ordinances. 
