ive or not. I ordered the lawyers to be consulted, and all
those here gave their opinion in writing, namely, that the Audiencia
had no right to try such causes. Consequently, after having seen your
Majesty's decree of November 4, 1606, given to Don Pedro de Acuna,
in which is stated the method that must be followed in such doubts,
I resolved to order that the Audiencia should not try such appeal
until your Majesty, after having been informed of the matter, should
rule otherwise. [_In the margin_: "Have the fiscal examine it." "It
was taken to him." "Answered on a separate paper."]
4. Almost similar was another question that arose a few days after,
when some Chinese merchants had been condemned, by the judge who visits
the Chinese ships, to pay the penalty which they had incurred because
of not having brought the ammunition and stores for your Majesty's
magazines which were ordered from them since the time of Don Juan de
Silva. They appealed to the royal Audiencia, who ordered the judge to
come to report on the matter. It seemed to me that the same argument
ruled in that as in the preceding case, and even more closely, as it
was a matter of war. However, I had the lawyers consulted again. They
decided that it was a military matter, and that it did not belong to
the royal Audiencia. Consequently, I ordered that they do nothing
further in the matter until your Majesty should be informed. [_In
the margin_: "Have the fiscal examine this also." "It was taken to
him." "Answered on a separate paper."]
5. Another appeal has also come in these last few days to the royal
Audiencia from the governor of the Sangleys themselves. He is a person
appointed to govern them in their own manner, and to take charge of the
suits that are brought before him, written in the Chinese characters,
and according, to their custom. And although I did not think that
such appeals should be listened to, and gave my reason therefor, still
the auditors persisted in endeavoring to try this case. In order not
to irritate them, I have overlooked the matter, as it seemed to me
that they could act in this case with less evil consequences than
in the others. I advise your Majesty of it, petitioning you that it
may be to your royal service to have the Audiencia notified as to
what regulations cover not only the governmental and military suits,
but also those of justice, touching the Chinese or Sangleys. For this
some arguments occur to me, which I shall repres
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