During disputes in this Audiencia, it is the president's privilege
to appoint judges; and when the auditors are challenged, he alone
remains unchallenged. Moreover, he has appointed them without any
opposition, basing his action on the old custom of this Audiencia, and
on the words of the law: "The president, the members of my Council,
and the auditors who shall remain unchallenged, shall appoint
lawyers." But recently they have tried to make an innovation and
to read the petitions of the recusants and to ascertain the causes
that they give. That they did in opposition to the accountant, Martin
Ruiz de Zalazar, in regard to a plea of appeal. As they were not in
harmony, I appointed as judge an advocate of this royal Audiencia,
who having been summoned to the session, and being asked whether the
case had right of appeal, declared in favor of the said accountant:
without allowing him to vote the auditors made him leave the session,
and proceeded by act against the party. The said accountant again
challenging him, because of these and other injuries, the said auditor,
without allowing him to read the appeal, declared that his associate
was not challenged; and the latter, as his alternate, proceeded to try
the new challenge, without its being sufficient to contradict it in
writing in the session.
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