referred to the fiscal. It is answered on a separate paper."]



_13. Departure of Don Fernando de Silva, and difficulties that arose
in it_


Don Fernando de Silva (who is the person whom I found governing in
these islands when I arrived here), exercising the permission given him
by your Majesty by which he may enjoy for eight years the encomiendas
held here by his wife for two lives, undertook to make his voyage this
year. As I thought that a government permit in writing (as is usual
with others who have not been governors) was unnecessary so that he
might embark, I communicated the matter to the Audiencia in session,
which was of my opinion. But the auditors added that the governor
ought to issue an act by which he should notify your Majesty's fiscal
and the official royal judges that the said Don Fernando was leaving
these islands, and that he thus informed them in case that they had
anything to plead against him. I thought it an unnecessary proceeding,
as the departure of the said Don Fernando de Silva was sufficiently
public; yet, in order to comply with the opinion of the Audiencia,
I issued the said act. The fiscal entered a demand that the said Don
Fernando be commanded to give bonds, for himself and his agents and
servants, to furnish residencia for the time while he had governed
these islands, and to pay the judgment and sentence therein. A copy
of this document was given to the party. He replied that the governor
was not a competent judge of this article of residencia, but only
the royal Council of the Yndias. I thought the same, and so did the
government assessor. I ruled that the fiscal should demand what was