"File, and have the fiscal examine it all." "It was all filed and referred to the fiscal. It is answered on a separate paper."] _13. Departure of Don Fernando de Silva, and difficulties that arose in it_ Don Fernando de Silva (who is the person whom I found governing in these islands when I arrived here), exercising the permission given him by your Majesty by which he may enjoy for eight years the encomiendas held here by his wife for two lives, undertook to make his voyage this year. As I thought that a government permit in writing (as is usual with others who have not been governors) was unnecessary so that he might embark, I communicated the matter to the Audiencia in session, which was of my opinion. But the auditors added that the governor ought to issue an act by which he should notify your Majesty's fiscal and the official royal judges that the said Don Fernando was leaving these islands, and that he thus informed them in case that they had anything to plead against him. I thought it an unnecessary proceeding, as the departure of the said Don Fernando de Silva was sufficiently public; yet, in order to comply with the opinion of the Audiencia, I issued the said act. The fiscal entered a demand that the said Don Fernando be commanded to give bonds, for himself and his agents and servants, to furnish residencia for the time while he had governed these islands, and to pay the judgment and sentence therein. A copy of this document was given to the party. He replied that the governor was not a competent judge of this article of residencia, but only the royal Council of the Yndias. I thought the same, and so did the government assessor. I ruled that the fiscal should demand what was expedient for him from the judge before whom he could and should appear by right. He appealed from this to the royal Audiencia, which declared that the governor was a competent judge, and that he ought to pass judgment upon this article. This matter has been examined and reviewed, without there having been found any decree of your Majesty which orders such a thing, or any precedent of a similar case made here or in Nueva Espana--not only as far as the governor, captain-general, and president of the Audiencia is concerned, but even for the officials of the Audiencia. They, having been promoted to other parts, have gone without giving their residencia or bonds, so long as that royal Council does not provide therefor. Consequently, notwithstanding what the Audiencia declared, I thought it wise not to set such a precedent, or cause such difficulty to the superior ministers of your Majesty (who would have them under your eyes, in whatever part they might be), so that you may order them to pay what they should be sentenced to pay in their residencia, when your royal Council shall decide that it be taken. I was obliged to make this decision by the consideration that it might happen that there might not be left to a governor persons who