The Philippine Islands, 1493-1898 — Volume 23 of 55 eBook

This eBook from the Gutenberg Project consists of approximately 287 pages of information about The Philippine Islands, 1493-1898 — Volume 23 of 55.

The Philippine Islands, 1493-1898 — Volume 23 of 55 eBook

This eBook from the Gutenberg Project consists of approximately 287 pages of information about The Philippine Islands, 1493-1898 — Volume 23 of 55.
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 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 Espana—­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
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The Philippine Islands, 1493-1898 — Volume 23 of 55 from Project Gutenberg. Public domain.