href="@public@vhost@g@gutenberg@html@files@16451@[email protected]#d0e505" class="noteref pginternal" id="d0e505src" tag="{http://www.w3.org/1999/xhtml}a">5 and other troubles which have come upon them, and the heavy burdens of the said treasury.

3. In regard to the third point, concerning what is owed to the fund of the goods of deceased persons—a sum which exceeds forty thousand pesos, because the governors have used it on various urgent occasions that have arisen and have not repaid it—the fiscal recognizes how just it is that an effort be made to repay and satisfy those funds, but he finds this unadvisable at present for the royal treasury; for it is first necessary to liquidate the accounts and investigate how all that sum was spent, and whether it could have been avoided, and why the governors have not always made it up from the situado which has been sent to them all these years. That must depend on the investigation which shall be made in the inspection which has been ordered to be made of the governors, auditors, treasuries, and royal officials of those islands. This point must be set down in writing, as it is so essential, so that the inspector who shall be appointed may have it well in hand. After knowing the result and report of the inspection, orders will be given as to what shall be just in regard to the payment and integrity of the said fund of the goods of deceased persons. A royal decree must be despatched, so that this indebtedness be made no greater in the future, and so that the governors take upon themselves no authority to make payments out of the said fund; and such proceeding shall be strictly prohibited to them, as it was by another decree which was despatched to Piru in regard to this same matter, and the custom of the viceroys in making payments from the fund of the goods of deceased persons.

4. In regard to the fourth point, concerning the sale of the office of [secretary of] government and war, which the governor says he has sold for fifty-four thousand pesos, the fiscal will place before the Council what will be advisable for the investigation of this matter, when the purchaser shall come to ask for the confirmation of this sale. For the present, what he has to note is that only ten thousand pesos of the said sum appear to have been in cash; for the forty-four thousand pesos remaining were received in salary-warrants which were said to be owing from the treasury to the said purchaser and to other persons. That mode of payment has many inconveniences, as has been alleged on other occasions; and order must be given that it be avoided as much as possible.

5. In regard to the fifth point, no definite measures can be taken until the accountant and royal officials have been heard, and the custom ascertained which has been in vogue in appointing and removing the minor officials of the royal treasury; for in the majority of cases, it is usually in charge of the royal officials, to say who shall help them, and they remove or appoint as they deem best. If there has been or is anything that contradicts this, it is where such minor officials are paid and are given title by his Majesty.

6. In regard to the sixth and last point, it will be advisable to look up and collect the acts cited in it; and in the meanwhile the fiscal thinks that order should be given to pay the fees to the minor officials, as was declared by the royal Audiencia. Madrid, November 30, 1630.

[A copy of certain sections of the present letter follows (those of the fifth point) with the decree of the Council and the statement of the fiscal, all of which is given above. Several of the summaries of decrees of the Council are dated July 11, 1631. The following statement, relating to the fifth and sixth points, completes the document.]

The fiscal, having seen the acts which accompany this section of this letter, in virtue of a decree of the Council, declares that it should be ordered to observe the custom that has been followed in Manila in regard to the appointment of the clerks who serve under the royal officials; and that there be no such innovation as is attempted by the governor—by which, besides the petition that shall be given to the governor by the person who solicits such and such an office, the royal officials give information as to his ability and competency; and the governor, having considered his competency, will make the appointment. For this means to deprive the royal officials of what they now enjoy and possess, which is even less than their rights in other parts. Neither does the pretension of the accountant, Martin Ruiz de Salazar, appear suitable—namely, that he absolutely appoint his clerks and have authority to remove them; for that is contrary to the custom and procedure which has always obtained there. It is sufficient for him to propose them to the governor. It will be well for the latter to retain that privilege, especially since that royal official’s associates, the treasurer and factor, do not make any demand regarding this point, although they have the same right. It will be advisable to write to the accountant that in regard to the point that he makes concerning the removing of his clerk at will, he shall go to the governor who appointed him, or to the Audiencia, where justice will be done in the presence of the parties. In regard to the laws and acts regarding this that have been referred to the Council, he thinks that either one of two means can be adopted: either to order the Audiencia of Manila to take the proper measures, after having examined the parties, since they are there, and do not come [here] under summons; or, in case the Council wishes to decide the matter, that the parties be summoned, so that they may declare what is advisable for them. For the tariff given by the Audiencia in the year 599 speaks clearly in favor of the clerks; and since it is so old and has always been observed, and since this favorable act was obtained from the Audiencia, the said royal officials cannot take any resolution within hearing of them. Thus does the fiscal petition. Madrid, June 9, 1633.