one that had
been presented previously, and therein at variance with the laws and
ordinances of the royal Audiencia, wherefore he told the said father
procurator to hand his petition back and present it when all the
members [of the Audiencia] were assembled. The result was that their
illness still continuing, two lay-brethren, religious of the Order of
Preachers, entered the chamber and requested that the petition that
they presented be granted, which was the same as had been presented
by the father procurator Peguero, in which his Highness was able to
recognize the irregularity of the statements, and his inability to
sanction such proceedings, through his desire for public peace, and
to the end that such holy orders be not embarrassed with injurious
writs. Consequently, in order to prevent disrespectful petitions
from being presented in those tribunals, his Highness had to decree
what was most in consonance with loyalty to both their Majesties,
and the public peace.

12. This decree was as follows: "Decision of the royal court this
day, September eleven, one thousand seven hundred and five. [83]
The measure passed by Senor Calderon is approved, and in accordance
therewith, a decree to that effect shall be issued. Because of their
great poverty, only the first petitions of the Indians shall be
received without attorney."

13. The decree so enacted had the effect that the office of
procurator-general of the province of Santissimo Rosario was changed
and given to father Fray Domingo Escalera, [84] who together with
the procurator-general of the Recollects, presented a joint petition
to his Highness to deign to have the preceding writs annulled, as
they were not suitable and germane to the case, nor respectful to the
royal Audiencia and the parties [in the suit]. This was handed to the
fiscal for review, who said that, because of their joint agreement,
and moreover, because the writs were not germane to the case in the
chief point of the pending suit, greater harmony would result to the
two orders which were at law, and to the public cause, and that if
the writs were juridically annulled because of their contents, his
Highness could order the execution of what the parties petitioned,
and such decree would be valid and efficacious--an opinion however
that had no definitive result. Then in regard to the writ presented
by the Recollect procurator Father Escalera rejoined that, inasmuch
as such ministries were handed to his