Volume 20 — Letters from Auditor Messa y Lugo to the King

Sire:

The governor is also managing to make vast profits from consignments of goods; and—as is hinted, and even affirmed, however secretly he attempts to keep his affairs—a great part of the consignments are supplied by the royal treasury of your Majesty, and the royal income from the licenses given to the Chinese to remain in the country aids him not a little. That sum amounts nearly every year to one hundred and thirty thousand pesos, for many of the Chinese remain, thus incurring the risk of another insurrection, notwithstanding the so strict decrees in which your Majesty orders the very opposite, and prohibits their remaining. That money was formerly collected and placed in the treasury through the [162] intervention of the royal officials. The governor has ordered it to be collected by one of his servants and paid whenever the latter chooses, so that vast sums are always due to the treasury. I have been assured that forty thousand pesos are still owing this year, which it is said that the governor is using for his trading, as well as even the salary which is generally given the collectors. For that reason, when the servant receives the money that the Chinese pay for their licenses, it is weighed, and if it is under weight, he demands two or three reals more; but when he delivers that part of it which he chooses to pay into the treasury, as I have said, he does not deliver it by weight, but by count, and thus keeps the profit of the two or three reals. That amounts to about four thousand pesos. It is sometimes even said that what he delivers into the treasury on the principal account he pays in warrants bought by the schemes and channels above mentioned. So many of these things are attributed to his master, the governor, that I am ashamed to relate them, for I do not believe them—or at least I suspect that they are exaggerated. For it is even said that that servant gives false licenses instead of the true ones, which he distributes to the Chinese at the same price as the good ones, and keeps the money for them. It is said that the governor has money taken from the royal treasury secretly at night. Thus do they say, and attribute things to the governor by so many and so diverse roads, that one is scandalized on hearing them—both about the royal revenues and about other particular things in the matter of profit. What I know for certain is that the governor does not have the accounts audited annually in January, as your [163] Majesty orders, by the president and two auditors. On the contrary, the accounts for years before he assumed the government are so far behind that they have not yet come to those of his government, although he has been here three years. In those accounts preceding—although I am one of the two auditors whom your Majesty orders to audit the accounts together with the president; and although I say many things about his negligence—I have not been sufficient, for he is the one who has to take action therein. I believe that he has not attended to this matter, but rather has utterly neglected it; for I am persuaded that, in reaching the accounts of his own term, he has to keep things very private for the above-mentioned reasons. I do not know whether he fears to have the accounts made public; and besides that I should be the judge of them, for he knows that many worlds could not, through God’s mercy, move me one jot from my strict observance of your Majesty’s service.

Also the governor tries to violate justice, and to prohibit the punishment of evildoers, [at the same time] prosecuting and punishing the good and innocent; for he protects the former and abhors the latter, inasmuch as the one class do his will, while the others note and hate the evil things that he does. To them he offers insults, and to the others he gives offices and honors. In suits there must be nothing done but his pleasure, even though the suits be pending in the Audiencia, especially if they belong to persons devoted to him, or to those whom he hates; and he acts therein with so great violence that, when his desires are not carried out, he stops the course of the suits and takes them to his own house, so that the [164] Audiencia may not pass any sentence contrary to his will. No one dares to demand justice from him, or any clerk to notify him of the vote of the Audiencia, while the parties to the suit call out to God in the streets. When it suits his pleasure, he takes charge of the criminal causes, and says that he does not wish a case to be prosecuted further, or that such a person be punished. Consequently, the number of the evildoers (and it is for them that he acts thus) increases so greatly that the scandal arising from it is pitiful. Malefactors also are more numerous because, when the whim takes him to forsake the other methods, the governor orders the warden of the prison to let the prisoners go, even when they are imprisoned for serious crimes; or he does this secretly, so that no one should know it, and under pretext that they are needed for war or your Majesty’s service. But he does the very opposite if it is a matter not to his taste, even though the prisoners be guiltless. His actions are still more objectionable when he goes to inspect the general prison, where he prevents the auditors from having any vote, and they are allowed to do only what he wishes; while he threatens them that he will dash out their brains with a club, and other serious things.

The governor also makes a practice of neglecting and not observing the decrees and orders of your Majesty, interpreting them to his own satisfaction, or pretending that he has not got them, when he does not wish them to be known, even though he should be plainly told of them; and even if he knows it, he regards everything according to his own pleasure and preference. If any one murmurs or says a word, he is prosecuted, and his innocence is punished [165] with violent imprisonment. The governor even takes away his natural defense so that he cannot appeal or demand justice; and the governor searches for contrivances to annoy those who do not approve his doings.

The governor also makes a practice of being so absolute in everything, that he does not only what is mentioned above so summarily and in general terms—for, as I have stated to your Majesty in the beginning, it appears difficult in each of these subjects to enumerate the things that he does (even, in my judgment, only the weighty and more serious ones)—but also in regard to various other matters does he act and proceed in the same manner. Consequently, I believe that there is no man who will not affirm that from the time that the governor entered this country, he has done no good thing, but all in disservice of your Majesty, at least in the regular procedure. For if he calls treasury meetings, if he sometimes attends the Audiencia and sessions, or does any other act by reason of his office, there is no one who does not understand that the ends and objects of his acts are his own conveniences, vengeance, and passions or the conduct of his own affairs and those of all his following—as has been apparent to me at many times, on occasions when I have been able to be present by virtue of my office. Yet he neither wishes the auditors to counsel or advise or influence him, nor that a word be said about his actions. On, the contrary he manages to get all his affairs approved especially by those persons holding office, such as regidors, royal officials, and others, and not only laymen but ecclesiastical persons. Consequently he seeks with most strenuous efforts the life of those laymen who do not [166] approve his acts, both in public and in private. He threatens to proceed against them, either personally or through intermediaries, for the most remote and trifling irregularity that can be imagined; and he brings suits without hesitating, when he finds no witnesses, to secure others, even though they be false. To them he furnishes offices and other accommodations for that service, as many dare to say; and there is no longer any redress or protection, or at least that which is usually a safeguard destroys them. Consequently they endeavor to please him, without considering what he asks or what they do. Hence it results that neither the royal officials nor the regidors, nor any other persons whatever whom he may need—either that they may give him their approval, or that they may suit his pleasure—whether in violation of ordinance or decree of your Majesty or for whatever he might desire, exercise their offices with freedom. Thus outraged and tyrannized over is all this community—so much so, that I have been told secretly that the regidors have sent your Majesty a chart of a certain victory which they pretend that the governor has gained from the Dutch enemy who generally frequent these coasts, in which they pretend that the governor burned and put to flight their ships by his plans and arrangements. God knows the truth, and whether that is so; but I can never persuade myself of so great corruption; for such a thing never happened, and the governor has here a sufficiently wretched reputation. In this matter, and regarding a matter of such gravity, it was told me that when a regidor who privately told it was asked how they had done such a thing, he had answered by asking what they would have done if a traitor had [167] come to govern them. Although that is not public, but was told in private, your Majesty will learn it there by its effects if that chart has reached you. But what is public is that the governor says that your Majesty should have patience; and since you sent him here he will conduct affairs according to his own pleasure. He either threatens ecclesiastical persons, even though they are friars, that if they do not act the same as the laymen, he will take from them the stipends given them by your Majesty, or he does not pay them; and he has oppressed them so that not even do the preachers dare to utter truths in the pulpit, both by his threats and because he dishonors them, and says that they are living in concubinage, and that he will have them stabbed. However, the chief reason why they have ceased to preach, as I have been told, is because all conclude that it is a matter that has no remedy, and that, since they attain no results, they do not care to ruin themselves; and so they abandon it as a matter already adjudged. By these acts of violence on the one hand, and with the flattery of some on the other, he obtained a guaranty to your Majesty in order, as is understood, to screen by it, or at least to moderate, the enormity of his acts. He also avails himself, for this purpose, of threats to the notaries, of nothing less than the galleys and their ruin; or they are given to understand that they must not give official statements of anything requested from them, especially to persons who he thinks will write to your Majesty. He has under his influence one Pedro Muñoz de Herrera, who is clerk of court for the Audiencia, with whom he negotiates those statements that he wishes; and there is even a very evil rumor that the latter will give them even [168] though they are not true, and that he gives them from the official records as demanded, even when these are defective—not only by what is known of the person of each one, but because the governor has favored, protected, and placed him by force in the Audiencia. [This has been done] both in a murder that the governor committed on the person of his wife, and in many other matters. Finally in violation of your Majesty’s decrees which order that the offices be sold, he has, after having granted some gratuitously for his own objects, without selling them, refused to adjudge the office of secretary held by Pedro Muñoz to one Diego de Rueda, who bid eight thousand pesos for it, in order that Pedro Muñoz might not be deprived of it; while he gave it to the latter for one thousand five hundred pesos, which the said Muñoz had bid for it, and that sum was paid in purchased pay-warrants, in order to give it to him gratis, as is well known. He manages the clergy in the same way; and, as he suspected that the cabildo of the church wrote a letter to your Majesty last year, they have, since he learned something of this matter, endured a little tempest until they have been able, by certain paths that they have learned, to watch him. This present year I fear that they will not write, in view of the extraordinary care with which they see that the governor seizes the letters that are sent to your Majesty. The whole country is so fearful of such interference that each one, I think, will seek an extraordinary way in order to save his letters. Some are thinking of putting them in boxes of merchandise, for which reason I fear that some will be left; and, as I have said, it might be that these will be the letters of the cabildo of the church—not only because [169] of the aforesaid reason, but because, although I see that the archbishop is annoyed at the acts of the governor, and as I understand, those affairs cause him internal anxiety through his desire of remedying them, there is among outsiders considerable grumbling because he flatters the governor and humors him in many ways (which leads people to think that the cause for it is certain accommodations for his servants and relatives that the governor gives him); and because of certain injuries which they think could at least be abated with less compliance [on the archbishop’s part]. But I do not agree with that, notwithstanding that I might commend [more] effort [by the archbishop]; for I know the governor’s temper.

Although we generally have six or seven months’ sure notice from Xapon before the coming of the enemy, that they are going to come, the governor makes no preparation, small or large, nor does he build any vessels, but allows the time to pass as if he had no such warning. When the enemy arrive at the coast, the governor, without any intention of going to meet them—as is known publicly and generally, and is known by the results, as he has already spent the money—lays hands on the inhabitants and mainly by force gets a loan of one hundred thousand pesos from them, or what he thinks best, and has the ships in the port repaired. Those vessels often do [172] not exceed three, and he spends on them a vast sum of ducados, even loading them with food and war-supplies of all that is needed. He troubles the soldiers in making them go and come to and from Cavite, and even making them embark. He says with show of great courage that he is going out, although he is told that such a thing is impossible with the ships that he has, for the enemy have many. Having spent all the money and exhausted the miserable inhabitants whom he has thus burdened, he calls a council at this juncture, and asks whether it is advisable to go out. Since the enemy are so superior they cannot tell him to go out, and in addition they see little gain in it; accordingly it is resolved that it is not advisable to go out. Your Majesty’s royal treasury thus remains depleted, and the enemy are left to pillage the vessels that they seize from those who come to this city, especially those from China. It is even asserted, although I do not know whether it is true, that he makes underhanded efforts in the midst of all these braveries, by the hands of certain persons who are masters of his secrets, so that the city may come out and disapprove of, and protest against, his going [against the enemy], and may inform many of the council of the danger if they should say that he should go out. And it is said that thus, in the matters above related and in many things left unsaid, the governor wastes his time—which he ought to spend in pleasing God our Lord, and in imploring His mercy, so that He might aid us in the conservation of the country, in succeeding in serving our king, and in preparing matters for his royal service—in many feasts and games, parties, weddings, christenings, and entertainments with women, even while the enemy are along [173] the coasts, and often even anchored inside the bay; for I believe, and it is understood, that the Japanese inform the enemy of the slight preparations of the country. As a result, the governor has acquired a wretched reputation and character, even among the Chinese Sangleys and the Japanese of the country (who are infidels), not only for sensuality and lasciviousness, but for other and worse doings. We have the country in the most wretched condition that can be imagined. Never has it been so wretched, as is affirmed openly by the oldest residents here, as well as by me. They bewail Don Juan de Silva, for, although they say that he was covetous and revengeful, yet he was moderate in these faults; besides, he was prudent, and watchful of your Majesty’s service, and of the preservation [of the country] and credit in war, and of the honor of your Spanish nation. Many of them fear, and I with them, some great chastisement from heaven, because of the publicity and multitude of the sins of us who live here.

First, the governor, as above stated, was angered because, when I was judge of the probate court, it should happen that I should collect that property of Licentiate Andres de Alcazar, because of the latter’s death. Licentiate Legaspi was angered for the same reason. For both of them, as is very well known in this community, would have liked that to have happened when Licentiate Legaspi should be judge, and they know why. I dare only judge what is said, and what I see and hear outside, although there is so much grumbling at their objects, and at the wealth that they have retained for this, that it scandalizes me. However, I do not dare to believe it, in order to say whether it be true that the reputation and envy of each one of those two men that exists in this community, obliges everyone to form his own opinion of it. Desiring that the care of the fund and the office pass to better hands than mine, they thought that it would be done well if I were arrested. Accordingly, the governor took this as his guide for action, so that, while I was a prisoner, the care of the fund might be transferred to Licentiate Legaspi. The governor alone appointed the latter as probate judge, although I still had one year to serve, and at the fulfilment of that time it pertained in turn to Don Antonio Rodriguez; and then all the Audiencia exercises it and not he solely, by virtue of express orders and commands of your Majesty. Thereupon, the governor, in one way or another, together with Licentiate Legaspi, although no layman spoke to me in prison, permitted me to be notified to deliver the [193] keys and the property. But I, fearing, as a man, what others feared, said that I had to give an account of that property, and that since I was a prisoner, I could not do so; and that he should free me, so that I could attend to my office and fulfil the commissions with which your Majesty had charged me—namely, the residencias of Don Juan de Silva and Don Juan de Alvarado—since I had committed no crime for which I should be arrested; and adduced other reasons why I could not deliver the key because of the risk that that property would be running should the key pass through other hands. As he thought that that was insufficient to obtain his will, they immediately added another reason according to which it was advisable to borrow from that fund thirty thousand pesos for your Majesty’s service, under pretext that it was to be used for the despatch of the fleet then preparing to sail. [But this was done] in violation of a decree of your Majesty ordering that the president and governor shall take no money, in small or large quantity, from the fund of the probate court, for any cause whatever. By the report of that fund your Majesty has been informed that they are wont to draw that money for their trading and personal advantage, as is murmured openly. That occurred in this instance, for with the above-said and with other formalities, the governor [broke] the lock of the chest, ordering thirty thousand pesos to be extracted from it and the rest delivered to Licentiate Legaspi, probate judge, whom the governor had appointed. They went to my house to do it. They left a guard of six or seven soldiers under a corporal, day and night, to guard the rest of the property, namely, a great quantity of gold and jewels. [194] Consequently, my wife was compelled to leave her house that night, and went to the house of the widow of Doctor Juan Manuel de la Bega, until she found a house and moved into it, leaving the house to the governor. I think that the latter’s insults and discourtesy even produced considerable anger in the negroes. Even yet, a period of four months, the soldiers are guarding the chest, and will not allow me to do my duty, and do not deliver it to Licentiate Legaspi; for as is well known, they are keeping it for a better opportunity. This affair has much surprised this community, and the litigants in the court are calling out, although they are assured that it is not without foundation; for they cannot wish to have news taken in these ships that the chest was handed over, and that they did with it what is suspected, which will be seen later. The thirty thousand pesos were not intended for the fleet, for the fleet did not sail, nor is it expected that it will ever sail during the governor’s life. Neither was it used as a means of help for the infantry, who go complaining through the streets. Indeed I cannot tell whether any one can say with certainty what has been done with that sum; although it is said that another very large sum, which the governor obtained from the citizens almost by a forced loan, was spent in the preparation of the ships in the port—but which did not sail, as has been said. However, some assert that the governor divided them, he himself taking thirteen or fourteen thousand pesos on the account of future salary; and that in like manner he shared it with Licentiate Legaspi and the fiscal. God showed me especially great favor in my being able to keep the account-book of the fund in my own hands through [195] the efforts of a good Christian, the defender of probated property, for my security of what had been placed in and what had been disbursed from the fund. For nothing is placed in or spent from it, except by notary’s authority, and the presence as witnesses of those who guard the fund. If they were to seize the book from me, I doubt not, Sire, that they would do me signal harm, and because, as I have said above to your Majesty, the governor can do whatever he wishes.

Another reason alleged for my arrest is because it is affirmed that, the governor planning as he did to kill his wife, my presence in the Audiencia would be a decidedly great inconvenience. For it is known, notwithstanding the few successes and works [that I have accomplished], through certain good desires that will have been recognized in me, that since I have been in the Audiencia, I endeavor as much as possible to see that affairs are managed with due regard for law; and that, had I been present in that so serious matter, I would have done my utmost; and what I ought to do, as would be fitting for the service of God and of your Majesty. That incident—which, I think, I cannot avoid relating, as one having accurate information—was as follows:

Another reason alleged for my arrest is, that there might be no occasion or opportunity of [my] giving information to your Majesty, and that that accounts for the hastiness of the imprisonment; and that they would not allow me to touch pen to paper, having been warned of the letters that I wrote to your Majesty—which, as above stated, were seized from me. These have incited him to cruelty, and increased in me the suspicion that was told me after my arrival at [the convent of] St. Dominic, namely, that he tried to plan my murder there. That is the fear with which I have written, and in which are all those who give information to your Majesty, because of the vigilant measures taken to seize the letters.

Another reason alleged is, that I might not push forward the residencia of the fiscal, and send it to your Majesty; for, as considered by them, it must have been expedient for them that I should not send [199] it to your Majesty; and because I had not taken that of Don Juan de Silva to his taste, awaiting an occasion for it when he should not be present and when he should have left this city sometime, for if he were present it would be impossible to take it.

Another reason is because, as he has seen your Majesty has been pleased to show me the favor to commit that residencia to me, and his conscience accuses him, he fears (as is reported) that it or the visit is near; and fearing that your Majesty would show me the favor to commit it to me, and fearing justice, because I am not a person who could overlook matters against your Majesty’s service, it has seemed to him, on the one hand, that if I were arrested and not in the Audiencia, it would be easy by active efforts to get hold of the letters and seize and conceal the decrees. On the other hand, he thought by means of the acts of violence and insult that he has used to disqualify me for such a responsibility with your Majesty, for which effect it is understood that he has also designedly made and procured my arrest. With what has been stated above (in which I could go into further details without charging my conscience), the case can be duly estimated by mentioning the particulars of one point, concerning which I have to say the following.

This country is at present in the most wretched condition imaginable. Moreover the governor has recently obtained his desires, namely, to be without an Audiencia, for Licentiate Legaspi is the only one in it. For, besides having driven me from it, it seems that he has also removed Don Antonio Rodriguez by treating him very ill and by grossly insulting him, because the latter petitioned that the acts [200] by which the governor had arrested an auditor in the manner in which he had arrested me, be placed before the Audiencia. But the governor refused to give them; on the contrary, he has taken away every one of several petitions presented in the Audiencia, not wishing them to be seen publicly, for which arbitrary act redress was demanded. The governor recognizes neither justice nor king, but only his own absolute will and pleasure. For that reason, shortly after my imprisonment until now, Don Antonio has been and is quite unwell, and has less hope of going to the Audiencia for a long time. Don Antonio does not deserve that, for in many matters and on many occasions have I recognized in him very good desires and works for the service of your Majesty. Consequently, even if Licentiate Legaspi remains, that means to have no Audiencia, when one considers the close relations that exist between these two strong arguments, the disposition of the governor, and the way in which he treats the service of your Majesty. For the people generally say of him that it would be a miracle if another worse than he could be found. It is said of Licentiate Legaspi that he is the worst official that your Majesty has. The same has been said of Don Juan de Alvarado, ex-fiscal, and that is known throughout the country as a public matter. All three are so great friends that some call them “the union of the saints,” so that, of a truth, as the people understand, not one tittle more than the governor wishes ever happens. Consequently, a number of litigants are holding back their suits until there shall be an Audiencia. There is much outcry at there being no one from whom to demand justice for the insults cast on them by the governor, for, finally, if [201] there were men to defend the service of your Majesty, the governor would not do whatever he wished, although they would suffer and endure many insults for it. The fact is that if all men had a desire and resolution to suffer hardships and even to die for justice and the service of their king, the community would suffer less hurt today, for the governor would not be so daring. And he would not in that case have dared to arrest me, had not he had the consent of Licentiate Legaspi in his grasp; and whenever he needs it he is quite sure of it, in exchange for the advantages that, as everyone knows, the governor has given to him and his sons and retainers—from which I have tried many times to divert him, constraining him by the fidelity due to his king, so that he take strength and write your Majesty. Although I have brought him over on some occasions, my effect has lasted less time than it would last if I had the opportunity and occasion that such things have when one goes straight to God. On the contrary, I think he gets along better without me in the Audiencia, both he and Don Juan de Valderrama—to whom I said what I could say to a brother as soon as he arrived here, because I saw the state of affairs and thought to better them somewhat. But I have indeed done little.

My conscience has made me write at such length, and although there is much to make me continue, I think that I shall have performed my duty with the above, so that all may be considered, provided your Majesty be pleased to send us redress with the haste that so serious matters as these require, by sending us a leader who is a good Christian and one very zealous for God’s service, and who will only strive [202] to obtain that and to serve his king, and not the contrary. For with that the Audiencia will have its due place, and the auditors will attend strictly to their duties, and will conduct it for the peace and conservation of the country, and for your Majesty’s service. It is also important that your Majesty send an inspector here, inasmuch as the country is so full of schemes, tricks, and contrivances to destroy it and finish its ruin; and since your Majesty, as so holy a king, cannot abandon it, after having planted therein the holy gospel, and consequently, having sent the so great fruit of so many souls to heaven. Besides this, if it has peace and is free from enemies, and religiously governed, it will give the greatest wealth and grandeur to your Majesty that can be imagined. It is advisable that such a one be a picked man, and that he be such a person as is necessary, as I have written your Majesty at other times: that he be entirely disinterested, and a good lawyer, with clean hands; that he have great authority in regard to war and peace, and over high officials in both, and power to suspend, in case he deem it advisable, the most serious penalties for your service for long periods, in order to investigate the truth, so that he may understand and learn the tricks, crimes, and criminals, and that he may know the persons in whom he can trust—not only as his agents, but also so that he can ascertain how your Majesty can best provide suitable measures [for reform]. For in no other way can the holy desires of your Majesty, which are those of God, who rewards the good and punishes the evil, be obtained. If he be not such, he will be confused during his inspection by schemes, impositions, and covetousness, but if he be such, he will be the consolation [203] of this country, as I trust in God, and your Majesty will hold it securely in order and justice, in peace and true obedience, and with renown. Your Majesty will then know the evil and the good men, and the excesses of many, and mine. You will obtain great possessions for the royal exchequer and render great service for God our Lord. But otherwise, if he be not such a person, he will serve as a help to the ruin of the country, and as an encouragement to future officials, especially the governors, so that they may act worse. And since thin country has gone from bad to worse because of the officials that it has had, especially the governors, until its present condition has been reached, if your Majesty does not visit an exemplary punishment on those officials, in accordance with each one’s guilt, it is quite clear that those who shall govern in the future will complete its ruin. For the security of that, I think it will aid much for your Majesty to send a stringent order to Mexico and to Sevilla, so that the property sent by the governor, and what he has sent by third persons under various heads, be investigated, which can be ascertained with reasonable efforts; and that it be secured by levying an attachment on it, or at least by placing it in a depositary; or as your Majesty may deem best to order it, for it is understood that such property is in very great quantity. Although I do not dare to affirm this, there are some who with the information and even more that they have of the coming and going of these things relating to the governor are persuaded that the sum [thus sent away] will amount to little less than one million [pesos], and at least to a great sum. I think that all that sum will be necessary, if his inspection or residencia be [204] well made, and that much more will not suffice for the pecuniary part. To do it your Majesty will have sufficient grounds by reason of the advices, letters, and report that have already reached and will reach you concerning his affairs. Will your Majesty decree what is most to your royal service.

I began to take the residencia of Don Juan de Alvarado, as soon as I received your Majesty’s decree, and I give account of it in a separate letter that I am sending to your Majesty with it.

The first is the news that has reached this city, by way of India, that the enemy is sending reenforcements of fifty-five warships. Because the governor’s disposition during this time is so worthy of resentment, as above related, it is stated publicly that, on receiving this news, the archbishop told the governor to try to prepare some warships, to whom he responded that he would gladly sell the few that he had. Hence it is feared that the enemy will have been informed of that as soon as they reached this country; and that with this opportunity, they would write, and they thought it good to come if it is true.

Secondly, that the government of this country has more need of a man who is a servant of God, of mature age and prudence, rather than simply a soldier; if there should not be readily found, a man thoroughly qualified for the warfare of this country, the least influential citizens here understand it. There are some men of great courage, and thus when the Audiencia was governing, it has had excellent successes. Consequently, such a man would cost your Majesty two-thirds less than the governor costs you. It is certain, and I consider it assured, that all the mishaps that the affairs of this country have experienced—both in this land, and in the fleets and succors that your Majesty has tried to send to it from those regions—have happened because of the multitude of offenses to God that have been committed here in other times and are even now being committed; and that all are derived from the disorderly lives of the governors.

Thirdly, that great damages result because of [208] the division of jurisdiction between the Audiencia and captain-general. For the Audiencia tries civil cases of the soldiers and the general the criminal; but with authority as captain-general, as he is governor and president, he extends that jurisdiction as far as he pleases. He interprets the decrees that your Majesty has issued for this purpose, [to apply] even to the citizens of Manila; and when the infantry leave this city and the citizens are stationed as guards, they are made to assume the condition of the other soldiers. The Audiencia is left without any jurisdiction, while the captain-general gets it all, notwithstanding the many offenses to God which are committed—for many wicked men are protected by the war at this time, and in a few days go out to commit greater crimes. Since the Audiencia tries civil causes of the soldiers with the plenary jurisdiction that it enjoys over the citizens (and the soldiers are citizens), on the other hand it appears most fitting that it try cases of the soldiers like those of the citizens; and that, as appeal is made from the ordinary judges, appeal be made to the Audiencia by the soldiers in cases civil and criminal—at least while the soldiers are not actually fighting, or in pursuit of the enemy. For, besides the service to God and to your Majesty that will result from such a course, the Audiencia, when there is one, will be respected; and the soldiers will not be so disregardful of what their captain-general says to them in times of peace, even though the latter be one who razes a convent to the ground.

Fifthly, that although it is true that it was decided to be advisable for your Majesty to send aid to this [210] country, as I understand that it has been petitioned in the manner and form of reenforcement, I greatly doubt whether it is more suitable for your Majesty to send ships by way of the cape of Buena Esperanza; for the artillery founded here is the best in the world, as are the ships built here, as I have been well informed. Besides, the artillery and ships of the quality and size necessary here cannot be sent from that country, for it has been found that war is made more securely here and the enemy frightened more by the very large galleons (much larger than those sent from there), which will withstand heavy artillery, such as those built by Don Juan de Silva. Further, the woods [used here] resist the balls better; and the ships are built with special strength and by the best master in the world, as I have been told. With money and care, the rapidity with which those ships can be built is remarkable. Consequently, I think that if what is spent on the fleet be sent in money, and soldiers, and sailors, by way of Nueva España in trading fleets, and by way of India in the ships that sail from Lisboa, it would be more expedient—notwithstanding that it is said that the infantry that come by way of Nueva España desert at their arrival there; for with good judgment and care that difficulty would be remedied. Will your Majesty decide what is most advisable.

Sixthly, that the fiscal of this Audiencia fills the office of protector of the Indian natives, and of the Chinese Sangleys who come from China to this country, for their advantage and trade, by virtue of a decree issued by your Majesty. Your Majesty assigns him no salary, for it seems to be your intention to have him attend to that duty with his salary as fiscal. The [211] governors here, in order to control the fiscals, so that the latter may not oppose the things that the former wish when these are in violation of your Majesty’s service, assign them an annual salary of eight hundred pesos at the cost of the Chinese Sangleys. For that purpose a communal fund has been established, and each Chinese is obliged to deposit, I believe, two reals apiece annually in that fund, and from that fund is assigned the salary of the fiscal as protector. As the Chinese are so numerous, the sum amounts to considerable, although it it not all paid to the fiscal. In the collection and method used, considerable annoyances are experienced. Besides, there is no authority to levy that money, for your Majesty has not assigned it, nor is the governor able to do it, although he give your Majesty a pretext for it. The worst thing is that that sum has never served, nor does it serve, other purpose than to flay the Sangleys, for besides that it seems incompatible for one to be a protector on the one hand, and one who seeks to act as prosecutor on the other, it seems that the true protector is the good judge, the Audiencia [or] the good governor. But as with the protector they never escape from spending their money, but rather, I think, spend more, and the most who have suits, waste their poor resources on the procurators and lawyers, it seems to be a matter worthy of reform, and that the Sangleys either should have no protector who is not a protection to them, but a trouble (or at least for most of them), or that your Majesty order that he perform the duties of the office with his salary as fiscal; for I certify that many offenses to God will cease. And since they claim that it is not an office of honor, there is a mystery therein, especially since I, having charged against [212] Don Juan de Alvarado that he was taking that salary without orders from your Majesty, the succeeding fiscal knowing that, and Don Juan de Silva having revoked that communal tax, the preceding fiscal has agreed with the present governor that the communal tax on the Chinese be again established, and that the salary be assigned from it. That is a very flimsy pretext, so that the fiscals may not perform their duties faithfully against the governor. Will your Majesty order what shall be most suitable for this particular, and for whatever else is mentioned herein.

Lastly, I have made known by other letters to your Majesty that from my arrival in this country, although I keep about, I have ever been ill and a sufferer from sickness, besides which I have had several dangerous illnesses in bed, so that I cannot serve your Majesty here as I desire. I trust, God willing, that I shall have better and better occasions to serve your Majesty in another place, for which reason I petition your Majesty to be pleased not to consider my slight services, but only my good desires by promoting me to the occupation of greater favors and honors, and especially to satisfy me for the insults that the governor has cast on me in your Majesty’s service, and for the many dangers through which I have passed in my endeavors to have your Majesty served and obeyed loyally and as is fitting.

As to what pertains to the seizure above mentioned of the great quantity of property that the governor is said to possess in Mexico, I must warn you that, in addition to what was said, the report originated publicly, in the beginning, in this city that the governor was to go in a ship that he was intending to despatch [213] by way of the cape of Buena Esperanza, with a quantity of cloves which he was expecting from Terrenate. That was founded on what they say about his knowledge of how serious are the things that he has done, and that, fearful of punishment from your Majesty, he did not intend to await it; and also because this year he has sent whatever he could to Nueva España in the ships that sailed, lessening even his number of horses, as is said; and [it was rumored] that he was about to go by way of the cape of Buena Esperanza with the cloves that he was awaiting from Terrenate. But inasmuch as the cloves from Terrenate did not come, it is now said that he is not sending the ship, and that he must have taken new counsel. Consequently although the flagship of the two ships that were going to Nueva España was wrecked, still in the advice-ship that he despatched later the governor sent a huge quantity of goods. He sent in the almiranta which got away safely and took the lead, a person to look after and care for everything, namely, Don Fernando Falcon, whom he made captain of infantry, and to whom he gave great profits for that purpose. It is said that he had orders to look after everything, and to ship as much as possible to Castilla; as also, because he must fear that it will be possible, on account of his great offenses, for your Majesty to be informed of the great wealth that he has sent and his conscience will accuse him. Will your Majesty order those goods to be sequestered—as is said here, all that [he has], without taking account of the one hundred and thirty or so boxes, which, as is notorious in this city, he lost in the flagship. This is added new to the letter that I sent in the ships of Nueva España, of which this letter is a copy, and [214] which I am sending by way of Yndia. Will your Majesty provide, etc.

Licentiate Don Alvaro Messa y Lugo

Sire:

The letters that will accompany this letter are duplicates of last year, both of what I wrote via Mexico and via Yndia; and although at that time I wrote as I did in them many more and better things can be said now. For besides the fact that lawless acts are so prevalent, they are increasing with the presence of their master, who, to be explicit, is the governor. It is advisable for the honor and respect of your Majesty, to put a stop to as much as possible. For that reason, I shall merely touch upon the following particulars of what is new, with all possible brevity; for in order to satisfy your Majesty some things are requisite. Hence, Sire:

1. First, after fifteen months of imprisonment and retreat, while I was very heedless, and distrustful that the governor would take such action (although very confident in the mercy of God), the governor sent an order to me at St. Dominic to come out and assume my duties. Although I hesitated considerably about going out on account of the great peril in which I was placing myself, the force of your Majesty’s service drew me out, a fortnight or thereabout before the arrival of the ships from Acapulco. I was encouraged considerably by the religious who assured me that the whole town was clamoring for me to go out, except certain persons who hate justice. Consequently I persuaded myself that I would be doing your Majesty a service, and for that I did not think that I was doing much in endangering myself, since I shall do my duty in losing my life. It seems miraculous, [215] and there are few who understand how the governor came to do this, for, although it is true that he fell out with Licentiate Legaspi, on finding that the latter while enjoying so great friendship with him, had written against him; and because of the great friendship between Licentiate Legaspi and Licentiate Juan de Baiderrama the governor’s displeasure was also extended toward the said Licentiate Baiderrama: still they maintained friendly relations, although the governor ceased to extend to him the accommodations and profits of former times. Although it is reported that the governor made numerous investigations, I have not heard from one who knew the whole truth that he did it with violence, but with great mildness, giving the witness liberty to make his deposition. On the contrary I have always understood, Sire, that he made no further investigations, nor has he wished to do so; and I even believe that it was done for reasons of state, in order not to irritate Licentiate Legaspi too much, in case that the latter should take part in his residencia, for the governor must consider him as a revengeful and hot-headed person. But Licentiate Legaspi, fearing that the governor intended to arrest him, withdrew into the [convent of] the Society of Jesus. It is said that on that account he allowed me to come out. All persons of good judgment are not sorry for it, especially since they know the inclination of the governor, who, it is feared, would not lose much pleasure if all the world were destroyed—although in his falling out with Licentiate Legaspi, a matter that began some four or five months ago, it is understood that that has aided considerably in his having repented of my imprisonment and the affronts that he put upon me; for [216] it is understood that his chief counselor and instigator was the said Licentiate Legaspi under pretext of desiring, and advising him of, his welfare, as to an associate in the matter of his duty. For that reason he did not wish me to be present, as I would be a considerable hindrance, as I write your Majesty in the duplicates. The same is said of Don Juan de Balderrama, although it is also understood that he did it with moderation; for all does not seem sufficient for the governor’s relenting toward me. Consequently I consider it more correct to ascribe everything to the great goodness of the Lord, who well knows how to plan all things. What I can say, Sire, is that notwithstanding all the above, I do not believe the governor’s intention a sincere one, because of what is known concerning him. I have never seen him do anything, although a good act, that did not have a private aim. Consequently I think that if he took me from prison it was for his own end. The same is true of the investigations concerning, and his falling out with, Licentiate Legaspi, notwithstanding that he says he is zealous for your Majesty’s service in it, and although it is true that the deeds of Licentiate Legaspi are many and very serious.

2. Secondly, that although the governor, while I was in the Audiencia, tried to deprive the Audiencia of all authority, and the auditors gave him considerable opportunity for it (with the exception of me only, and as such he expelled me), however, during the time of my absence, he has gained such foothold and influence over everything, that scarcely has one liberty to live in the Audiencia. This is especially so in regard to myself; for although I desire and try to secure your Majesty’s service, I cannot feign or [217] dissimulate in the things in which I am unable to secure your service, although I try to flee any occasion of dispute with him, with extraordinary endeavor. Consequently, for my part, Sire, I declare that in many offenses that concern him, the punishment is deferred, with great regret, until your Majesty send a remedy; besides, there are many other criminals whom he has sent from here, so that they should not harm him.

3. The third, which is of the manner of the above, namely, that it is said that one Gregorio de Vidaña, whom the governor despatched to Yndia during that time on his private business at the expense of your Majesty’s authority—for, in violation of your royal will and your royal decrees that prohibit the sale of offices, the governor gave Vidaña an appointment as regidor gratuitously, in order that the cabildo might appoint him as procurator (for which he schemed) and that they give him a considerable number of ducados—obtained or stole in Yndia certain letters written to your Majesty by the Audiencia and despatched via Yndia in the time of Don Antonio Rodriguez, which were the duplicates of others written via Nueva España. He directed them to this city, together with other letters written by the inhabitants and religious. The governor opened and read them, with so little fear and respect that one of his adherents went about the streets publicly reading to private persons the letters that the Audiencia wrote to your Majesty. Consequently he has taken occasion to write to your Majesty with tricks and cunning, as is said.

4. The fourth is that, in consequence of this and other things, occasion was given for it to be said [218] very openly, this year, that he opened the packets from your Majesty, which were handed to him first, and extracted whatever he wanted, if they contained anything that answered his purpose; and then resealed them and ordered the person who bore them (and whom he sent for them) to return very secretly as he had entered, and to enter a second time publicly with the packets damp, so that it could not be seen that they had been opened. In this too was involved your Majesty’s new seal which they said would be found in one of the packets, but it does not appear. Therefore they charge the governor with concealing it; and all that is without the aid of authority to make investigation.

5. The fifth is that your Majesty orders by a decree that came to the Audiencia this year that the vessels that sail hence to Acapulco be not despatched late. The fact of the matter in this is, Sire, that the Audiencia is powerless to remedy that, beyond the repeated telling of it to the governor. If they should do more, besides not being obeyed by a single man, at the least little thing, the governor would seize the auditor who said it and clap him into prison; and, as he is the sole and absolute ruler, he is, notwithstanding what has been said to him this year, despatching the vessels when he wishes, and answers that he is attending to it very well and is doing his duty. It is said that, this year as in others, he has made a great cargo by the schemes and methods mentioned in the duplicates. Others say that he has done it, because it is common talk that news came to him that in Acapulco a small casket of gold in bars, and jewels and pearls, had been confiscated from him as contraband goods, although the officials did not know the owner [219] of it; and that one Don Fernando Falcon, who took under his charge a considerable amount of the governor’s property last year, went to Piru from Acapulco with most of it, and the governor is obliged to claim compensation. Because of awaiting ships from Macan to make chests, the ships are not yet despatched, and it is the thirtieth of July; nor does anyone imagine that they will leave the islands even by the fifteenth of August. That, the governor says, is because of the enemy. Thus and with other schemes, although certain new pretenses are alleged, and with absolute power, does the governor act just as he pleases. It is impossible to remedy matters unless the governor be a man who fears God and your Majesty; for if he wishes to send depositions that the sun gives no light, as one might say, [he can do it]. What occurs to me, Sire, is that, since it is sufficient for the good sailing of the ships that they sail by the middle of July, if unable to sail before, your Majesty should set a time-limit by ordering that they sail between the middle of June and the middle of July, if they cannot sail before; and that they shall not sail after that. In that way, since it will be known that they have to sail, all those interested in the cargo, even though it be the most influential persons, the governors, will have their despatches ready. But they will not do it in any other way, for although your Majesty says that they shall not sail late, the governors do what they wish in this matter. Will your Majesty be pleased to order your pleasure.

6. The sixth is that your Majesty orders the Audiencia to send a relation of what occurred in certain crimes at Santa Potenciana. Since the Audiencia writes it through its president, namely, the governor, [220] scarcely could he refrain from telling the truth in order not to lie. Consequently I think it advisable to answer that in this letter. What passes, Sire, and it is the truth, is that the seminary called Santa Potenciana is a house of retreat, not for religion but for single or married women, and almost without retirement, as it has relaxed considerably. For that reason it is a cause for wonder that there are men who some years are willing to leave their wives there during their absence. Consequently, the majority of women there are mestizas. It happened perchance that Lucas de Vergara Gaviria left his wife there when he went to Terrenate as governor, as did another who went later, namely, Sargento-mayor Antonio Carreño de Baldes. It was said (and not covertly, but quite openly) that the governor solicited the wife of Lucas de Bergara, but that he was angered at her purity and virtue. Also it was said that the same thing occurred with the wife of Carreño de Baldes, although she is not considered a person of so great virtue as the other woman. And this being so, they say that Licentiate Hieronimo de Legaspi, while I was on that occasion in bed indisposed, proceeded against one Juan de Mohedano, because it was said that he had entered Santa Potenciana to hold carnal communication with a married woman. Upon my recovery, and when I went to the Audiencia, I found that Juan de Mohedano was presenting a petition challenging their jurisdiction by saying that he was a soldier. When I learned the cause, I wondered, for the woman was married and one of the chief women here, namely, the wife of the said Antonio Carreño de Baldes, who was in Terrenate. I resolved to investigate the matter, as it was only verbal, so that it might not become [221] public. The Audiencia had made a judicial writ and secret information and merits, by a secret and outside method, without arresting Mohedano in order to exile and punish him, so that it might not be known; for by any other way it would have been contrary to law, and would have meant the irreparable loss and deprivation of the honor of an influential woman and to the blamelessness of her husband if perchance she has secretly committed certain acts of imprudence, or written papers, or made pretensions, and I do not know whether such were more than indications. At that juncture the governor took up the matter, by whom it is said Mohedano was persuaded to challenge the jurisdiction [of the Audiencia], by promises to free him; he did it, as was seen, thus deceiving him in order to avenge himself, as it is said, as soon as he had the woman with him. Thus the governor came to the session, and, with his usual heat, caused the case to be remitted to him without greater justification, as he was the captain-general. Licentiate Legaspi and Licentiate Alcazar did it through compulsion, but I, Sire, for the reason above stated, did not agree to it, and so voted in the meeting. Being then, Sire, the leader in the cause against Mohedano and that wretched woman, he proceeded therein, as well as in another that he began against one Don Fernando Becerra for the same thing. This he did with an alcalde-in-ordinary, or with Don Hieronimo de Silva, or with both, going and coming to and from Santa Potenciana with soldiers and the torture-rack, besides indulging in other demonstrations, as they affirm, that scandalized the city—where, as this city is but small, everything was instantly divulged. And as evil men are not wanting, there was one who gave [222] notice of a certain slander against General Don Juan de la Vega, son of Doctor Juan Manuel de la Vega, ex-auditor of this Audiencia. There was a certain report of meetings with the wife of Lucas de Vergara, auditor of Terrenate. Since the governor was also angered by her said purity and virtue, which truly are great, it is said that he considered it a good opportunity for vengeance. He himself, seeing the door opened by Licentiate Legaspi in the case of the other woman, conducted the cause. In the case of Mohedano and Don Fernando Bezerra, there was dispute; while that of Don Juan de la Vega came on appeal to the Audiencia. Since this is so small a place, and was so scandalized, and these households were ruined (for the matter was all immediately made known publicly), the Audiencia thought, since only the husband can take action in an adultery suit, and since all that had been done was illegal, because the women were immediately published, together with the investigations and intent [yntencion], that also in consequence of that, and the lack of proof, and because of other considerations, it would be advisable, besides doing justice in what came to their hand, to repair the honor of those influential men and women. Consequently the Audiencia acquitted Juan de la Vega, whereat the whole city rejoiced, for all were persuaded that such accusations were lies. However, as this matter is so serious, when the husbands learned of it upon their arrival, they refused to live with their wives or to enter an adultery suit, for the adultery could not be proved. Consequently, even with such an effort by the Audiencia, those families are ruined; although it is quite true that, if the governor had executed the sentence, it is regarded as certain that [223] they would have killed their wives. This is the truth, Sire, and it could not be written in the Audiencia’s letter. If other things have been written to your Majesty by the governor, they must be a part of his schemes to bleed himself safely, under pretext of your Majesty’s service, as all see that he is doing.

The residencia of Licentiate Don Juan de Saavedra for the period of his fiscalship, which your Majesty orders me to take, has come to my hands. I am resolved to take it on the departure of the ships, for this residencia does not have the troubles of that of Don Juan de Silva and of Don Hieronimo de Silva, as these duplicates of the letters of the past year which I wrote your Majesty and which will be in these letters that I am writing [will relate]. In those residencias I shall make, as I say in the duplicates, efforts to take them, proceeding throughout as in duty bound, looking to the greater service of God and that of your Majesty. Thefts committed by the soldiers because they are not paid, and many other calamities of the country, I shall not relate because of what I have promised, and as that would be impossible. And also because that aids in putting an end to sorrow and just resentment, will your Majesty give what orders you please in everything.

I petition your Majesty for God’s sake to please give me satisfaction for the insults and injuries that I have received from the governor for your Majesty’s service, and also to withdraw me from this country, honoring me and showing me favor, for I have no strength to serve your Majesty here. May God preserve the Catholic person of your Majesty. Manila, July 30, 1622.

Licentiate Don Alvaro Messa y Lugo [224]

Sire:

The archbishop of these islands presented a petition in this royal Audiencia, in which he requested that depositions be accepted for him, by order and officially, in which he claims that your Majesty conceded to him an increase of his salary of three thousand Castilian ducados per year, in order that he may be able to support himself for the reasons that he alleges. Having officially received the depositions, what seems to have resulted from it, in brief, is that if the archbishop would regulate himself in the ostentation and authority that he exercises in imitation of others, his predecessors, he could live on his salary of three thousand ducados. Nevertheless they [i.e., those making depositions] consider the said ostentation and authority as suitable to what is due the archiepiscopal dignity; and that, in order to sustain that dignity that he exercises and enjoys, an increase of his salary will be necessary, because the prices of articles for the sustenance of human life have increased, as appears by the said deposition, which, if your Majesty please, you will order to be examined.

On considering the above and other reasons of your Majesty’s service, this Audiencia believes that, if your Majesty wish, you may avoid the increase of the said salary. May God preserve the Catholic person of your Majesty. August 14, 622.

Licentiate Don Alvaro Messa y Lugo Licentiate Don Juan de Saavedra Valderrama

[Endorsed: “The Audiencia of Manila in regard to the pretensions of the archbishop of that island.”]

For the same reasons that move the Audiencia to present information that it will be just to increase the [225] salary of the prebendaries of this church, the governor thinks it proper to increase that of the archbishop to the sum that your Majesty may be pleased; and not in the last place, since his obligations are in the first place.

Don Alonso Fajardo de Tença [226]

Regni col[lectio]. Possibly the citation is from the Nueva Recopilación of 1567. In some contemporary Latin commentaries the Nueva Recopilación is described as Regiæ Constitutiones; in others as Collectio legum Hispania. Book 9, title 4 of the Nueva Recopilación deals with “los officiales de la Contaduria mayor.” Regni collectio would naturally refer to the Castilian law. Possibly, however, the reference is to some collection of laws for the colonies. The Recopilación de las leyes de Indias was not published till 1680; but, according to Antequera (Hist. de la Legislacion, p. 564), a previous collection of the colonial laws, down to 1596, was made “en cuatro tomos impresos;” also, early in the seventeenth century, “Se publicó como provisional el libro titulado ‘Sumarios de la Recopilación’ general de leyes.”—Munroe Smith.

Mr. FitzGerald conjectures ultra plures to be “several [authors] besides.” Cobb. is read Codieibus by Father José Algué, S.J.

Ex conducto et item cumquidam ff locat. The reference is to Justinian’s Digest, book 19, tit. 2 (locati conducti), fr. 15, which [191n] begins “ex conducto” and especially to the passage in the middle of fr. 15 (§ 3 of modern editions) which begins “cum quidam.” It reads: “When a certain person alleged a conflagration on the (leased) land and desired a remission (of the rent), the following rescript is sent to him: ‘If you have tilled the soil, relief may not undeservedly be given you on account of the accident of a sudden conflagration.’” The transcription of the following reference to the Digest: Divus ff: is too hopelessly muddled to identify. Before these is a reference to Bartolus, and at the end a reference possibly to Cujas (Cujacius). Bartolus was the leading civilian of the fourteenth century; Cujacius of the sixteenth.—Munroe Smith.

In l is for in loco, and l i c for loco ibi citato.—Jose Algue, S.J.