I, Don Fernando de Silva, knight of the Order of Santiago, former governor and captain-general in these islands and president of his royal Audiencia for the king our sovereign, in answer to a writ presented by his Majesty’s fiscal, in which he declares that he has been notified of an act of your Lordship ordering him to plead against me whatever he might have to plead, in consideration of the fact that I am about to go to Nueva Espana; and who demanded that I be ordered to leave bonds for the sum to which I might be adjudged and sentenced in the residencia that is to be taken from me, and a person with accepted powers to furnish my residencia for me when his Majesty orders it:  declare that notwithstanding that the said act could not be pronounced by your Lordship, nor the said demand made by the fiscal—­which is an innovation that until today has not been made with any of the governors, or with any other official of his Majesty among the number of those who must give residencia of their offices when and before whom the royal pleasure dictates—­(for that belongs exclusively to the royal person and to the supreme Council of the Indias, and to no other judge or royal minister) yet, without prejudice to my right, and without attributing to your Lordship greater jurisdiction than what belongs to your office, because on my part there is no cause to refuse what the said fiscal demands, and in order to avoid the trouble which might ensue for me if my voyage were hindered or delayed by opposing the said demand at a time when the ships are so soon to set sail, I am ready to give the said bonds, that I will furnish residencia for all matters in which by law I ought to give it, and that I will pay the sum to which I may be adjudged and sentenced in the residencia; and, besides, to leave a person with accepted powers who shall give my residencia for me when his Majesty orders it.  I request and beseech your Lordship to receive from me the said bonds by the present notary, for which, etc., and in all justice.

Don Fernando de Silva Don Juan Fernandez de Ledo

Act of the governor

In the port of Cavite, July twenty-three, one thousand six hundred and twenty-nine, Don Juan Nino de Tavora, governor and captain-general of these islands, having seen this petition of Don Fernando and what was demanded by the fiscal regarding the bonds to give residencia for himself and for his servants and agents, for the time while he was governor and captain-general of these islands and president of the royal Audiencia therein:  declared that the fiscal should plead what he had to plead in this regard before whom and with what law he ought and could plead it.  Thus did he order, and he signed the same, with the advice of his counselor, who signed.

Don Juan Nino de Tavora Licentiate Don Rodrigo Goncalez de Barreda

Before me: 

Andres Martin del Arroyo

Notification to his Majesty’s fiscal, and his appeal