[8] Orendain was a mestizo (a lawyer by profession) and maintained cordial relations with Diego Silán, the insurgent; and the communication of the latter may easily have taken place under his auspices. He bought the Augustinian convent and its library which were sold by the English with the understanding that if the latter abandoned the country, the religious could not claim their property. Embarking with the English after the peace, he was killed in Cochinchina by order of the king of that country. Vivar’s Relación, p. 299, note.
See also ante, p. 121, note 64. [↑]
[9] The laws above mentioned are as follows:
Law lxii: “We declare that the appointment of those who are to be judges of the causes and suits, which are handled in our royal Audiencias, belongs to the viceroys and presidents of them, in those cases, which by virtue of our cedulas, or in any other cases shall arise; and this must be observed in accordance with what is the practice in our councils and Audiencias of these kingdoms of Castilla.” [Felipe III, Madrid, March 28, 1620.]
Law lxiii: “The appointment of the judge who is to supply the absence of auditors because of their death or inability, for the determination of matters with the auditor remaining in the Audiencia, belongs to the president of the Audiencia. This is to be the rule on all the occasions that arise, any ordinance to the contrary notwithstanding.” [Felipe IV, Madrid, September 30, 1634.]
Law lxxxviii: “We declare and order that, in our Audiencias of the Indias, the least sum for the examination and determination of suits shall be and shall be considered to be three hundred thousand maravedis; and that if the sum does not exceed that amount, suits may be examined and determined by two auditors whose votes must be in harmony in every respect. Two auditors may also try and sentence, in all instances, suits representing a greater sum, in the same manner, except the Audiencias of Mejico and Lima. In those Audiencias it is our will that three votes be unanimous in every particular in order to try and sentence suits representing a greater sum, as is prescribed by the laws of these our kingdoms of Castilla.” [Cárlos I, in the new laws of 1542; Felipe II, Aranjuez, September 24, 1568; Felipe IV, Madrid, September 22, 1626.]
Law cvi: “We order and command that when the auditors agree upon the sentence, they summon the clerk of the cause, and secretly order him to write before them the points and the effect of the sentence which they are to give. It shall be set down there and written neatly, and shall be signed before it is pronounced; or at least when it shall be pronounced, it shall be brought in written neatly and be signed by all who were in the assembly, although the vote or votes of one or some may not conform to the contents of the sentence. Consequently, at least in ordinary matters, the sentence shall not be pronounced until it is agreed upon and written neatly and signed. After it shall be published, it cannot be changed in any wise. The clerk shall immediately give in the court a copy of it to the party if he asks it, under penalty of a fine of two pesos for the courts.” [Cárlos I, and the queen regent, Madrid, July 12, 1550, ordinance 14, concerning Audiencias; Felipe II, in said ordinances, no. 144.]
Law cxi: “The auditors of our Audiencias where there are no alcaldes of crime, shall try criminal causes in the first instance in the city where the Audiencia resides, and five leguas about it, provided that the prison orders are assigned by at least two auditors.” [Cárlos I and the queen regent, 1530.]
Laws cvii-cxix refer to the manner of signing sentences; law cx relates to the action of the Audiencia outside the five-legua district. [↑]