Note 77 — Chapter IV

14. Thus this matter [expediente] rested until the year one thousand seven hundred and ten, when the alférez, Nicolas Guerrero, one of the ordinary attorneys of the royal Audiencia, presented a certificate empowering him as the chief authorized agent of the province of San Nicolas, to act as their attorney in the matter in hand. Thereupon, he declared that in maintenance of the claim of the said province, it was advisable to examine the minutes of the proceedings hitherto conducted in the royal courts, in regard to the restitution of their former missions of Zambales and everything pertaining to them. Accordingly, he prayed his Highness to deign to order the secretary to produce the said minutes, which on being given to the said attorney, he appeared before his Highness and stated that in accordance with the last royal order of six hundred and ninety, whereby the other party was required to answer fully, this had not been done, but that the party had merely referred to its former pleadings, and that any other answer had not been made during the space of twenty years, so that the suit had been unduly prolonged; and moreover, that the matter having been recently investigated, his side has a paper (which he now presents with all solemnity), namely, a private letter from the father provincial of the Dominicans, Fray Pedro Mejorada,77 in reply to one from the provincial of the Recollects, Fray Francisco de la Madre de Dios, in which he declares, that he answered in the same manner as his province had done on former occasions; that he would not oppose the abandoning of the said missions as he was not a party thereto, for his province had taken these under their charge solely in compliance with the orders of Governor Don Juan de Vargas and Archbishop Don Phelipe Pardo; that, moreover, at the present time when his province was so straitened through the lack of religious, if they were not succored in that regard it would be necessary for them to take other steps. Wherefore (he added), so far as matters have now gone he might do what he pleased, for his province would offer no opposition, and was prepared to give up those missions if so requested and charged to do. In this letter, moreover, among other points, it was inferable that his province was ready to leave the said missions of Zambales. Therefore the attorney petitioned and prayed his Highness to deign to have the case brought up for final trial, declaring his client as entitled to the possession of such missions, to whom they should therefore be restored. Thereupon the judges decided that the measures so far taken together with that letter should be acted upon; that the trial should be proceeded with without prejudice to whatever had already been decided, and that all the papers in the case be handed over to the fiscal of this royal Audiencia, for his opinion (within three days) of what steps it was advisable to take. Thereupon, for reasons given, the latter replied that what had been advised by the fiscal of the royal and supreme Council ought to be carried out, and hence a similar order might issue from this royal Audiencia, with notice to the reverend fathers provincial, parties in interest, that so far as concerned their spiritual care the natives might be relieved promptly. In accordance with this, the judges ordered that all parties should proceed to the chamber for final sentence. Thereupon their decision was that the reverend fathers provincial should be apprised of the sentence as given in this cause for their judgment in the exercise of their rights; and that whether they assented or not, they should appear to hear the decision to be given.