Note 27 — Letter Written by a Citizen of Manila to an Absent Friend

“I, Don Fabian de Santillan y Gavilanes, schoolmaster of the holy cathedral church of this city, apostolic judge-conservator for the observance and immunity of the privileges, rights, and actions, of the Order of the Society of Jesus, etc., declare that, having examined the reply of the reverend father Fray Francisco de Herrera, commissary of the Holy Office of the Inquisition, given to the act issued by myself on the twenty-eighth of the present month and year, he says therein that he is not trying and never has tried to disturb the peace, or anything that the said judge-conservator could do in its defense; but only to take cognizance of what pertains to the Holy Office of the Inquisition in order to fulfil his obligation (to which pertains all that of which he has been notified), and to obtain the papers regarding the said causes, according to the terms of the briefs of the supreme pontiffs, so that no paper shall remain in possession of any judge, notary, or any other person; and that the said judge-conservator has no brief to oppose to this, nor can he have such. As for the chief order in the said my act, it is not that the said reverend father commissary should not disturb the peace, nor do all that which he may do in defense of it, but that he restrain himself from hindering and disturbing, in any manner, the exercise of my apostolic jurisdiction, which I am actually exercising; and, especially, that he do not ask for papers which do not pertain to him, but to my court and to the cause that I have in hand. Such are the papers that the said reverend father commissary asks from me; for the originals of those which belong to the cause of Don Pedro de Monrroy I have delivered without waiting to have them asked from me, as I have mentioned in the said my act—only because in a certain manner they may belong to the said tribunal of the holy Inquisition. But they belong principally to my court, and to the cause that I have in hand; for the words spoken by the said Don Pedro de Monrroy are especially injurious and insulting to the said Society of Jesus and its religious. It is necessary for this reason that an authenticated copy of the papers which I delivered to the said reverend father commissary remain in the records of this cause, in order that I may not fail in my duty and jurisdiction, and that I may give a good account to his Holiness of the affairs under my charge. As for the assertion that the briefs of the supreme pontiffs order that the said tribunal of the Holy Office shall obtain all the papers (both original and copies) touching the causes that pertain to the Holy Office, and that no paper remain in possession of any judge, notary, or any other person—that is understood, as is apparent from the said briefs, to mean the causes which belong strictly to the said tribunal of the Holy Office, and to no other court. Likewise, those which are asked from me belong—inasmuch as they contain injurious and insulting words against the said Society, whose apostolic judge-conservator I am—peculiarly and chiefly to my court; and if I handed them over I would be greatly delinquent in the obligations of my office, and I would cease to be a judge-conservator of the said Society of Jesus. Neither can I be ordered to refrain from requesting the protest or paper that I am asking from the archbishop of Manila, Don Fray Hernando Guerrero; for it contains affronts and insults uttered recently against the said Society of Jesus, and against my jurisdiction, and the acts that I have pronounced. And supposing that it could also pertain to the said tribunal of the Holy Office to try the defamatory libels against religious persons, it has not hitherto been understood that the exclusive trial of such causes has pertained to it. And since this cause is at least mixtifori;27 and since I am actually trying this cause as apostolic judge-conservator, and consequently, with exclusive apostolic authority, without anyone having the power to take it from my hands, except his Holiness (whose delegate I am, and to whom only I am immediately subject); and since, for all this [authority], it is unnecessary for me to produce any other brief except the apostolic authority and jurisdiction of judge-conservator which I hold and which I am exercising; and since with less justification can the said reverend father commissary restrain me from asking the said paper or protest from the said archbishop, and make me leave it to the said reverend father commissary—first, because he has a part in this affair, as he was present and signed the first act of the said archbishop against the said Society of Jesus on the ninth of October of this present year, together with certain religious of his order, whose signatures I have in my possession (that act having been the foundation and origin of all the insults received by the said Society of Jesus, and the reason whereby they were incited to appoint me their judge-conservator); and second, because, the said archbishop having made the said protest or defamatory libel, the said reverend father commissary cannot lawfully demand it, for the said archbishop is not his subordinate, while I, forsooth, can ask it as being his legitimate apostolic judge, and moreover I can constrain him with fines and censures against his obstinacy and disobedience to the apostolic mandates; hence the said reverend father commissary’s command that I leave to him the demand for the said protest or defamatory libel, and that I refrain from asking for it, means that I should allow him to exceed the authority of his commission, and that I refrain from fulfilling mine: therefore I order the said reverend father commissary to observe and obey the act of which he was notified yesterday, the twenty-eighth, exactly as is therein contained, without exceeding it in any point, under the penalties and censures therein contained, to which I regard him as immediately liable in their fullest measure if he does the contrary. By this act, I decree and order, and affix my signature. If the said father commissary should not appear so that this notification may be served by the notary who shall make it, the latter shall serve it at the doors of the college of Santo Thomas, where the said father commissary is rector and where he lives; and the notary shall affix a copy of this act to the doors so that he may consider it as completely a damage and injury as if the notification were made and read to him in person. And the notary shall establish this act by an attestation. Given in Manila, November twenty-nine, one thousand six hundred and thirty-five. The schoolmaster,