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