Note 3 — Two Letters from Domingo de Salazar to Felipe II

He who informed your Majesty of the matter contained in the fifth decree, namely, that when appeal is made to the royal Audiencia in cases of fuerça,3 I do not allow the notaries to give an account thereof; and that I seize the writs and records of proceedings, so that they cannot be issued, the Audiencia Page 235having requested me in vain to do otherwise—whoever, I say, gave this account to your Majesty did me greater injury than any of the others. For not only is this not so, but I even urge the notary to give a report; and I am so far from [what has been said] to the contrary, that I assure your Majesty that I much regretted the suppression of the Audiencia. For I was very glad that, whenever I denied anything on appeal, the Audiencia examined my reasons therefor; and, whatever was determined there, my conscience was freed and at rest. Moreover, I always accepted, without making any objection, the decisions of the Audiencia; for I would consider it a grievous offense to deny your Majesty's right to make the final decision in cases of fuerça, and would not presume to contradict it in any manner whatsoever. If he who made that report based it on two cases which came up—one when they erased my name from the prayer at the mass of the Audiencia, and substituted their own names; the other when, in an investigation, they claimed the right to examine the proceedings which had been conducted in secret—in these two cases I confess that I refused to give up the records. I did so in one instance because there were therein very secret matters touching the office of the Inquisition, of which I was then in charge. When they commanded that report of this case be given, I said that it would be furnished in so far as concerned the chaplain of the said Audiencia. This was what they had asked, and claimed the right to try this case. Nevertheless, they would accept nothing but the entire proceedings; but with this I could not comply, for it would have been impossible to do so without very grave damage to my office. After considering Page 236my reasons therefor, the Audiencia insisted no more in the case. The other case concerned the general investigation which I had made of the prebendaries and clergy—two of whom appealed against the sentence which I imposed, stipulating that the tenor thereof be observed as is expressly commanded by the Council of Trent. They had recourse to the Audiencia; and when an order was given for the record of the case to be presented, I replied that there were secret matters touching the honor of the clergy, which I could not show, but that I would show that part referring to the two ecclesiastics; as they wished their offenses to be known. Nevertheless, it was not right to exhibit the guilt of the others, as they did not feel that their sentences were unjust. There were many arguments over this point, and all the theologians of this land said that I was right. To avoid scandal I openly consented that the two ecclesiastics should appeal to the archbishop.4 Both then and now I have felt much aggrieved by the injustice done me by the Audiencia. I have sent a complaint thereof to your Majesty, and do not know why the testimony I sent has not yet arrived there. I had then and still have reason for complaining that the Audiencia usurped my jurisdiction and discussed proceedings which properly belong to me, but in which they have forestalled me. A citizen of this city left a piece of land whereon was built a hospital and church for the poor. Although this was ecclesiastical property, they deprived me of judgment in Page 237this case, and retained it in their own body. At another time, the Indians had dared to take a friar from his convent, and they dragged him to the place where I was. I commenced to try the case, and gave a verdict against the Indians, as it was doubly sacrilegious to take the friar from his convent, and to place hands on an ecclesiastic. This case came to the Audiencia by way of appeal, and it still remains there, with the records. A beneficed priest, who was performing the duties of his office, was refused its dues by the encomendero, and came to me for justice. After I had ordered the encomendero to make the payment, he appealed to the Audiencia, and they retained the suit there, claiming that the property given to beneficiaries in this land is secular. As I am poor, and have little power, these injuries and similar ones have not been heard of in Spain. I have suffered them and have kept silence, in order to avoid scandal; but for having resisted in but two cases, in which I was obliged to defend the right of my jurisdiction, in order to comply with the duties of my office, they made a damaging report of me to your Majesty. They say that I would not permit a report to be made, and took the records of the suit from the notary, so that they could not be dealt with. In order that your Majesty may see the difference between what I here declare (which is the actual truth), and what they wrote to your Majesty, accusing me of resisting in toto the commands of the Audiencia in regard to the cases of fuerça (which was glaringly false testimony against me), I have decided—although everything touching the Audiencia is now settled, since your Majesty has commanded it to be suppressed—to answer the account which they gave Page 238your Majesty about the places and the cases of fuerça. Although I am sure that my cause has been justified before God and those men who know what has happened, I do it to satisfy your Majesty, to whom I owe all obedience and subjection as to my king and lord. I am even bound to explain my conduct; because, by the grace of God, your Majesty has no one in this kingdom who serves you with greater love and zeal. I claim no payment nor temporal interest whatever, because this I neither desire nor demand; but I do only my duty, and that I do with all my might. I could send your Majesty good and sufficient proofs of everything which I have said here; for I certify, in all truth, that everyone to whom I have shown these decrees has crossed himself in surprise that there should be a person or persons who would dare to make such malicious reports to your Majesty. It suffices me to say that, if credit be not given me, not much time will pass before this truth will be revealed, beyond all possibility of hiding.