da
given to a citizen. The auditors cannot find any order or decree from
your Majesty, by which this is ordered. Consequently, there is not
sufficient justification to declare judgment in favor of the fiscal. It
will be advisable for your Majesty to declare it; and to my mind,
in considering the fact that the encomiendas are few in number, it
would be advisable that there be no change in the practice--namely,
that by the very fact of an encomendero marrying an encomendera,
they choose that encomienda from the two which they consider better;
and that they leave the other, so that it may be regarded as belonging
to another citizen. [_In the margin_: "Observe the decree in regard
to this matter."] [_Note:_ "In this despatch arose the doubt that is
written on a separate piece of paper enclosed with this letter. There
it is decreed what must be executed."]
2. In regard to the native Indians of these islands, I last year
represented to your Majesty that it would be advisable to have
judgments in their suits not rendered in the Audiencia, but by the
government, by having one or two advocates or salaried men for that
purpose, as is done in Nueva Espana, inasmuch as the same reasons
exist here. I trust that your Majesty will have it considered, and
answer in accordance with your pleasure.
3. The most usual doubts have been in regard to the Chinese or
Sangleys who reside in these islands. An edict was published, at
the instance of the inhabitants, in regard to the measures, quality,
and prices of lumber, tile, brick, and other materials, in order to
avoid the frauds and illegalities which were being introduced into this
region, to the great damage of this community. The edict was published
under the auspices of the government, and its execution was charged
upon the alcaldes-in-ordinary. A few days after that a denunciation
was made; but, when the alcalde tried to enforce the penalty, the
Sangleys appealed to the royal Audiencia. The matter seemed a knotty
one to me, because the edict was notoriously a government measure,
and it was not advisable for its proper execution that the Sangleys
be allowed such delays. I considered it best to advise the auditors
of this, quoting to them the royal decrees, which ruled that they
should not mix in matters of government. They, desiring to extend
their jurisdiction, claimed that the trial of that appeal belonged
to them, as well as the decision whether the penalty of the edict
was excess
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