The Philippine Islands, 1493-1898 — Volume 23 of 55 - 1629-30 - Explorations by early navigators, descriptions of the islands and their peoples, their history and records of the catholic missions, as related in contemporaneous books and manuscripts, showi by Various
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page 46 of 277 (16%)
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expedient for him from the judge before whom he could and should
appear by right. He appealed from this to the royal Audiencia, which declared that the governor was a competent judge, and that he ought to pass judgment upon this article. This matter has been examined and reviewed, without there having been found any decree of your Majesty which orders such a thing, or any precedent of a similar case made here or in Nueva España--not only as far as the governor, captain-general, and president of the Audiencia is concerned, but even for the officials of the Audiencia. They, having been promoted to other parts, have gone without giving their residencia or bonds, so long as that royal Council does not provide therefor. Consequently, notwithstanding what the Audiencia declared, I thought it wise not to set such a precedent, or cause such difficulty to the superior ministers of your Majesty (who would have them under your eyes, in whatever part they might be), so that you may order them to pay what they should be sentenced to pay in their residencia, when your royal Council shall decide that it be taken. I was obliged to make this decision by the consideration that it might happen that there might not be left to a governor persons who are under obligation to him in the country, because he has given to no one other things than what he has deserved, by which no one considers himself favored and obliged. And it may be that no one can be found to go bond for him; and it will not be right that he should have to remain in the Filipinas on account of not having bonds, if there is no commission to take his residencia. And this would weigh even more heavily upon the auditors, who have less power to give favors; and, when they were promoted by your Majesty, they would be unable to go to take charge of their places for lack of bonds. Thus they would remain in this land, exposed to innumerable affronts from those to whom they had administered justice, which is a thing that your Majesty ought not to permit to happen to your ministers. Although all these |
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