He also doubted if
Vizcaino had the resolution and capacity necessary for so great an
undertaking, and it appeared to him that if disorders should arise among
his men through lack of discipline, or if the natives of the country to
which he was going should repel him, the repute and royal authority of
the king would be in danger. On the other hand, there was the decision
of the court, the concession of the viceroy, and the fact that Vizcaino
had already been at expense in the matter. Zuniga communicated his
doubts to the former viceroy, who, in his perplexity, submitted the
question to a theologian and a jurist, selected as the viceroy writes,
from the number of those whose opinions were entitled to the greatest
consideration. Their decision was that the concession of the viceroy had
the force of an agreement and contract; that what was at first a favor
had become a right, and that, as the captain had manifested no
incapacity and had been guilty of no offense, the compact could not be
varied. The audiencia[2], before whom Zuniga also laid the matter, was
of like opinion.
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