enjoy for eight years the encomiendas
held here by his wife for two lives, undertook to make his voyage this
year. As I thought that a government permit in writing (as is usual
with others who have not been governors) was unnecessary so that he
might embark, I communicated the matter to the Audiencia 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 obli