astellan
of Acapulco, as judge of residencia for Don Juan de Vargas, he came
here and presented all his credentials in the royal court--where,
without any contention, it was ordered that they be put into force
and carried out. Among the despatches came a royal decree forbidding
this royal Audiencia from taking cognizance of anything belonging to
the said residencia; but, this being granted, twelve days after its
publication the said judge was challenged by the city on account of the
entire case. As he had not been declared to be judge for that, but only
an associate, the city hastened to the Audiencia in order that this
court might declare the said judge to be thus challenged. Among other
reasons that the city alleged for this proceeding was the statement
that in the port of Acapulco, the viceroy having commissioned the said
judge to seize the bales and merchandise which were going in the ships
on account of the said Don Juan de Vargas and his servants and friends,
the judge had not carried out the said seizure, on account of fifty
thousand pesos which they had given him. Although it is certain that
the reasons adduced were very forcible, the Audiencia, recognizing
the force of the inhibitory decree, declared that they could not
intermeddle by giving a decision on the said challenge; and that
the governor should appoint associates [adjuntos] for him, in order
that they might continue the said residencia with the said judge;
and that the original documents connected with the said challenge
should be sent to the Council. Although the residencia was prosecuted,
the charges [against Vargas] have not yet been published. It seems to
me that it is being settled very conformably to justice, although the
proceedings cannot fail to show many defects on account of the judge's
inexperience; for he is not a learned man, and here the lawyers are
very few, and the conduct of [such] a case is exceedingly difficult.

As soon as the city brought forward in the court the challenge against
the judge, Don Juan de Vargas challenged all three of us auditors; and
in the course of the proceedings I introduced a document acknowledging
myself as challenged; [I did this] not only on account of what Don
Juan de Vargas had done for me, but because it was a brother-in-law
of mine who was under residencia, and his advocate also bore that
relation to me. They must have had good reasons for not regarding me as
challenged, and so I had to vote. I give yo