When Marcos de Aguilar undertook the Government of New Spain in accordance with the will of Luis Ponce de Leon, many persons who were on bad terms with Cortés and all their friends and the majority of the Conquistadores wished the Residencia to be proceeded with as the Licentiate Luis Ponce de Leon had begun it, but cortés objected that he [Aguilar] could not deal with it under the authority of Luis Ponce de Leon's last will, however, if Marcos de Aguilar desired to go on with it, that he was welcome to do so.

Another objection was raised by the Municipality of Mexico urging that Luis Ponce had no power to dispose in his will that the Licentiate Aguilar should govern alone, firstly because he was very old, in his dotage, and crippled with tumours, and had little authority and showed this in his appearance, and he knew nothing about the affairs of the country nor had he informed himself about them, nor about the persons who were worthy. Moreover, they would neither respect him nor dread him. It might [therefore] be best for him to take cortés as his colleague in the government, until His Majesty should order otherwise, in order that all should fear [him] and the justice of His Majesty be greatly revered.

Marcos de Aguilar replied that he would depart neither much nor little from what Luis Ponce ordered in his will, and that he must govern alone, and that if they intended to install another Governor by force they would not be doing what His Majesty commanded. Added to what Marcos de Aguilar said, cortés was afraid of further steps being taken,