Note 67 — Chapter III · THE JUDICIAL FUNCTIONS OF THE AUDIENCIA

Another suit, of a similar nature to that described above, was brought in the audiencia in 1713 against Juan de Rivas, who had been assigned two encomiendas in Leyte and Cebú, respectively, by the governor, thus depriving one Saramiento who had held them formerly. The plaintiff claimed that he had made great improvements on these estates, spending all his income thereon, and as yet had received no profits from the lands. He petitioned, therefore, that these encomiendas should be bestowed upon him for another term.67 The audiencia withheld its judgment on this case, referring it to the Council. That body, after seeking the advice of the royal fiscal and contador, recommended to the king that Saramiento should be allowed to retain the encomiendas for another term, and it was accordingly done, a royal order to that effect being expedited on May 29, 1715.