efused to
sign a paper in which he [i.e., the Recollect procurator-general],
pleaded in regard to the pending article; and having been ordered
to present himself in the royal Audiencia, he did this by means of
two religious at a time when the said doctor was the only member
present in the Audiencia, because of the illness of his associate
judges. There a decree was entered which ordered that the writ and
other papers pertaining to this matter be presented by a procurator
of the royal Audiencia, who could be punished in default for his
negligence. And in view of the fact that he considered this measure
burdensome and harmful to his order and person, as he was condemned
before sentence was passed on the point, and the order was prevented
from prosecuting this or any other cause in the royal courts, because
of their well-known poverty, he prayed his Highness to deign to
repeal the said act, and to allow his province the liberty of having
it prosecuted by its own prosecutors. A decree to that effect was
passed and the trial set for the first day, when the said Doctor Don
Diego Calderon should be present.
11. The auditor, in order to justify his act in the royal Audiencia,
related that Father Peguero had brought a paper to his house for him
to fill out to the effect that the petition, which as he declared,
he was going to present to the royal courts, should come before him,
the said auditor, during his week; and that in consideration of the
fact that it was a matter that concerned priests against priests,
of religious missionaries against religious of the same institute,
it could not set forth allegations that were wanting in fraternal
charity and profound humility. This he signed without reading it,
while charging the father procurator to present it in the royal courts,
as was done on the day when his Lordship was the only member present
[in the Audiencia]. The petition was granted and an order issued to
have the papers served on the Recollect father procurator, who was
bid to file his answer thereto; furthermore, in order to determine
this point, the abovesaid auditor ordered that the case so far as
concerned the examination of the same be laid before him. Peguero,
not content with what was done, presented another petition in regard
to the same cause, that it might be signed officially and passed. But
having glanced over it, he found that this should not be done, as
it contained other unbecoming expressions based on the
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