I, Don Fernando de Silva, knight of the Order of Santiago, your former governor and captain-general in these islands, and president of the royal Audiencia, appeal from the act of the Audiencia of the twenty-fourth of this month of July, only in regard to their ordering returned to your governor and captain-general the cause which your fiscal of this royal Audiencia is prosecuting, by which they order me to give bonds that I will furnish residencia of the said offices and pay the sum to which I shall be adjudged and sentenced in it, as I am about to go to Nueva Espana.  It was declared in the said act that the said your governor and captain-general was a competent judge to try the said cause.  That said act, only as far as the said declaration is concerned (and speaking with due respect), must be revoked as a general rule, and because I am, by having exercised the said offices of president, governor, and captain-general, immediately subordinate to your royal person and to your supreme Council of the Indias; and no other judge or tribunal can take it upon themselves to try anything pertaining to the residencia of the said offices or to security for residencia.  Thus, until the present time, the said bonds have not been required in this city for this royal Audiencia or for your governors, my predecessors in the government, or for your auditors when they leave these islands to go to Nueva Espana or to other parts (who ought also to give residencia for their offices at the will of your royal Council); they have gone without giving the said bonds.  Moreover, as is proved by this royal decree, of which I present an authorized copy, attested by three royal notaries, your royal person was pleased to give me permission authorizing me to make the said voyage, without condition or obligation of giving the said bonds.  The obligation that your Majesty did not impose in the said permit cannot be imposed by any of the judges or ministers inferior to the said your royal Council of the Indias.  And accordingly, although the question of the said bonds might have been discussed with other persons, that cannot be understood as applying to me; but I must be allowed to make my voyage freely, without any obstacle being offered, as his Majesty [6] orders, notwithstanding the contents of my writing of the twenty-third of this month.  For that writing was without prejudice to my right, and did hot attribute any jurisdiction to the said your governor.  I presented the said writing before receiving the said permission from his Majesty.  Consequently, I petition and beseech your Highness to be pleased to have the said act revoked, in so far as it concerns the said declaration, by ordering that it be understood without having the cause returned to the said your governor and captain-general; for what I petition is justice, and for it, etc.

Don Fernando de Silva Doctor Juan Fernandez de Ledo

Act of the royal Audiencia, and reply of the fiscal