When I entered upon the functions of this office, I discovered a serious irregularity in the succession to encomiendas of Indians.  Your Majesty commanded that such encomiendas should descend from father to son or daughter, and, in default of children, to the wife of the encomendero, definitely stating that the succession should come to an end there.  Yet without attracting the attention of anyone, important as the matter is, the wife has succeeded to her deceased husband, and then after she has married a second time and has then died, the second husband has succeeded the wife, and so on ad infinitum.  Thus it has come about that nearly all the encomiendas are far from their original assignment, the majority being in the hands of undeserving persons.  The result is that it is a marvel if an encomienda is ever vacant; for none has been regarded as vacant unless the possessor has died without being married or without issue.  Since this wrong is universal, and is of great importance—­affecting, as it does, the common interests of all the islands—­I have deemed it proper to advise your Majesty of it, in order that you may ordain that which shall be most to your Majesty’s service.  This may be carried out by commands given 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.