y does not allow causes to be conducted in
rude fashion, especially when they do not bear on the case in point,
while personal defects of ecclesiastics were not under consideration
in the present case, nor in the cause which was being prosecuted,
as it concerned ministries only.
9. In conclusion his reply was that while maintaining the contrary
of what was advanced by the Recollect fathers, as their province was
not a party [to the suit]; he petitions and prays that his Highness
deign to issue a citation on the party [of the Recollects], to the end
that an investigation be made of all the aforesaid, as was necessary,
and becoming, etc. The ruling was that the decree be communicated to
the father procurator of the Recollects, who answered as follows,
namely, that he acknowledged the indecorous manner in which, in
view of the sovereignty of the royal Audiencia, the good name of his
side and his subjects was injured. But that although he could answer
point by point, he would avoid doing so, as it was a matter in which,
leaving aside the requirements of law, which were to be complied with,
the subject matter was getting to be a bone of contention, and a
partisanship dispute--a matter which ought to be held in abhorrence
by religious, who are placed as models for all in these regions,
and because law enjoins the manner in which one ought to speak in
the royal courts of justice, where it is expressly forbidden to bring
forward incriminating libels in place of actions of laws; for these
wound not only the sacredness of the religious orders, but even the
sovereignty of such a tribunal, to which is due the highest respect. On
that account they ought to order the withdrawal of the two allegations
presented by Father Peguero as being indecorous, and notice ought to
be given to the said father to answer as was fitting, by representing
the authority that his province had in the administration of Zambales;
in default of which, the court was to record them as having been duly
pleaded. To this motion, the gentlemen [of the Audiencia] agreed that
the decree should issue, and the clerk of the assembly summoned the
said Father Peguero in due form for the examination, who thereupon
refused such style of procedure until he had presented his grounds
for opposing such action [i.e., the above decision of the Audiencia].
10. The said father procurator pleaded before his Highness that
Doctor Calderon, the senior auditor, during his week had r
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