Volume 26 — Letters from Governor Hurtado de Corcuera

Ecclesiastical

Most potent Sir:

Although I have related to the tribunal of the holy Inquisition of Mexico the disorders that have happened in this city this year which were caused by the fathers of St. Dominic, and helped and strengthened by the father commissary of the Holy Office, Fray Francisco de Herrera—who has endeavored to avenge his passions and those of his religious through the authority of so holy a tribunal, but overstepping the manner of procedure and prudence that that holy tribunal has in all its actions—yet I have thought it best to have recourse to your Highness as to the supreme authority, so that you with the ruling hand may apply an efficacious remedy to the said disorders. Therefore, I shall give your Highness an account of them in this letter, in detail, although briefly.

At this juncture the archbishop held a meeting with the religious of the three orders of St. Dominic, St. Francis, and St. Augustine. There under title of a protest, an insulting defamatory libel was made, according to report, not only against the Society of Jesus, but also against the judge-conservator himself, because he was judge-conservator; and against the royal Audiencia, because it had declared his appointment legitimate. The judge-conservator brought force to bear against the archbishop in order to make him hand over the protest, but the latter steadfastly refused to do so, or to show it. Finally, although the archbishop agreed to deliver it, he could not do so, because he had given it to father Fray Diego Collado, of the Order of St. Dominic. The latter kept possession of it, in such wise that it could never be recovered from him; and it is even said (although I am not sure of this) that the said paper had been delivered to the father commissary in order to secure it, so that he might keep it with the papers of the Inquisition. For, as the judge was urging the archbishop, the father commissary entangled the affair by ordering the judge, with censures, to relinquish the cause, and cease to ask for the said protest, and to hand over the papers that had been made in this matter. The judge, seeing the malice of the father commissary in preventing his jurisdiction, and taking from him all the papers, continued to defend himself—and asking the father commissary not to hinder his proceedings, since the trial of the said protest or defamatory libel belonged to him, as it was an insult to the Society, to the judge himself, and to the royal Audiencia, and as it was a matter that concerned the principal cause. A thousand notifications were served on the judge, and all of them by means of different Dominican fathers, and with great noise and disturbance—a matter which caused much comment, that one commissary should have so many different secretaries, some of them being lay brothers, others priests, and others very young; and that they should disturb the community with their passions, under the mantle of the Inquisition.

The fathers of St. Dominic took opportunity from this occurrence to utter blasphemies against me, and to declare me excommunicated for preventing the exercise of the Holy Office (as if the preservation of the royal jurisdiction would be a hindrance to that holy tribunal, which only undertakes what concerns it)—saying that I was deposed, and was not governor, nor could I be governor. They declared that the senior auditor should immediately assume the government, arrest me, and send me to a fort. They confirmed this by the father commissary bringing from Cavite father Fray Francisco Pinelo—an eloquent man, and a bold preacher in the pulpit—whom he caused to preach in his convent in this city on the second Sunday in Advent. At the beginning of his sermon, he proceeded to read a bull, translated into Romance. He declared that it was issued by Pius V, and that his Holiness ordered therein that whoever should prevent the exercise of the Holy Office should be infamous, and incapacitated from holding office. This he said with such words and manner, and at such a time, that it had the effect of pointing me out with the finger; and it was seen clearly that everything was said for me, and that he was censuring me as infamous, and saying that I was not governor. In order that your Highness may see the freedom of these friars, and how they treat him who is in the place of king—and this under cover of the Inquisition, using the authority of so holy and upright a tribunal to avenge their passions in matters that do not concern the Inquisition; and they cannot see that to support it I have a sword at my side with which to fight to the death in defense of this holy tribunal, as I have done for twenty-five years in your Highness’s service against the enemies of the faith—in this same sermon, a thousand things were said against me calling me Herod; and against the royal Audiencia because it declared, contrary to the will of the father commissary, that the judge-conservator was legal. Aspersions were uttered against the fathers of the Society, censuring them as heretics; and against the judge himself, calling him a London canon, besides a thousand other impudent speeches in the same manner. Other preachers of his order have followed the same style of preaching, and they have been imitated by the Recollect fathers of St. Augustine—who style those of the Society hypocrites and heretics; and they utter innumerable satires on them in the pulpits, making the pulpit a lectureship of vengeance, although it is the place that belongs to Christ for the preaching of His holy word. How could the father commissary remedy these disorderly acts, since he was at the head of them, and since they were by his order, as can be understood from the above?

In this manner did they disturb and stir up the people, and even excited them to revolt—so that if I had not had arms in my hands, and the garrison which is here at my order, beyond question a greater calamity would have been feared; and I fear one, if your Highness do not take it in hand, and make a beginning in correcting such acts of boldness. I will add that I had given orders at the gates of the city that the said cleric Don Pedro de Monroy was not to be allowed to enter, as he was a seditious man, and in union with the friars he was exciting innumerable rumors and disputes in this city; and in the time of Governor Don Alonso Faxardo he was declared exiled from the kingdoms, and the temporalities had been taken away from him, because of a riot that he caused. It happened on November 21 of the past year, that he, clad as a Franciscan friar, together with another of the same order as his companion, attempted to enter a gate at the Ave Marias. The commandant, who recognized him, laid hold of him, and ordered the soldiers to take their weapons in order to prevent his entrance, and to obey their orders. But so many Dominican friars (who were prepared for that emergency), charged down upon them and defended the said cleric with their fists and with violence; and forcing my guardhouse, they placed him within the city, in spite of the soldiers, who had no opportunity to use their weapons. That appears from a legal investigation which they made in their exoneration, for I was intending to punish them for not having kept my order. I was angry, as was natural, at that lawless act and the boldness of the friars. I advised their superior of it; but he answered that that friar had entered the city because he had been summoned by the Inquisition and its commissary. For, even for such an outrage, which would have been worthy of punishment in any other, those friars take as a cloak such a holy institution as is the Inquisition—as if it were not proper to advise me, and not to force my guardhouse, even though it were a matter for the Inquisition. For it is certain that in all that pertains to that holy tribunal, the father commissary must find in me all protection and aid. But I was told nothing except that the force and violence was practiced of which I have given an account. It is to be presumed that it was not a matter that pertained to so holy and righteous a tribunal; but to say that it was a matter of the Inquisition was only a pretext and excuse for an act of boldness like that. And in order that your Highness may see more clearly what I state, the viceroy of Nueva España, the marquis de Cerralbo, sent a surgeon named Don Garcia to this country for his crimes. He came, condemned to serve for eight years at the will of the governor, without pay. But as I had need of him to go in the fleet of galleons that I was despatching to the forts of Terrenate, I tried to have him prepare for that service. He took refuge in the convent of St. Dominic, where the fathers aided and protected him. One of them, named Fray Francisco de Paula, told me that among the multitude of my affairs that were to be treated by the Inquisition was the fact that I was trying to send the said Francisco Garcia in the fleet, as its surgeon, since he was a familiar of the Holy Office. I had not known that before, and I think that it is not so, since the viceroy, in the presence of the tribunal of the holy Inquisition of Mexico, condemned him and sent him here; or else his cause was such that, even though he was a familiar of the Holy Office, that holy tribunal did not think it advisable to prevent the punishment imposed by the viceroy. And although the tribunal of Mexico, notwithstanding its so great power, refused to prevent that punishment, a friar tries to prevent it here and opposes me, the governor, and protects even a criminal from me—not so much to protect him, as to turn upon and oppose me. In truth, Sir, this is a grievous thing, namely, that in whatever desires or whims these friars have, and for whomever they wish to be aided and protected for them against the governor, they immediately find a path by way of the Inquisition.

Those fathers gave the final touch to those annoyances by taking from me, to my great vexation, a goodly number of sailors and some soldiers, who had received their pay in order to make the voyage in the said fleet of galleons to Terrenate. One of two friars of St. Dominic fled with them in a boat and went by way of Macajar to India, in order to go to España with serious complaints, as I am told, for your Highness. However, the path that they are taking is very apt to lead them into the hands of the Dutch or of the many other enemies who infest the seas of Yndia. It is said, and I regard it as certain, that that was the plan of the father commissary of the Holy Office; and at least he concurred in and had a part in it. Let your Highness consider the boldness and freedom of those friars in recklessly entering a matter which is so to the disservice of your Highness; and it is a kind of treason to take away the people who are in your service, and who have been already paid to go in the royal fleet.

Many other things of this sort and of this same kind could be related to your Highness, and all need the same remedy. It is one which I think efficacious for the prevention of greater damages, namely, that your Highness distinctly order the holy Inquisition of Mexico to appoint no friar of any order as their commissary in these islands, but some secular, since this function belongs to such. By that means many troubles would be avoided, and greater disorders, which may be feared if the friars act as commissaries, would be obviated; and we shall have the peace that is desired among your people. I entreat your Highness to be pleased to consider this matter, and how necessary is what I represent for the exercise of so holy a tribunal, and for your Highness’s service; for I shall not assure you that the islands will be free from any confusion or insurrection unless reform is given, and it is at least certain that we shall never have peace [otherwise]. And since this holy tribunal always brings peace to the kingdoms where it is just, will your Highness do this for me, and grant this request?

I petition the above from you in consideration of the above mentioned causes; and because my uncle, the inquisitor, Don Pedro Hurtado de Gabiria—who served for thirty years in the Inquisition of the Canarias, Granada, and Lograño, and in the royal Council as fiscal and inquisitor—having reared me until I was old enough to go to serve your Highness in the States of Flandes, in the course of his training taught me to obey, to venerate, and to respect so holy a tribunal. And wherever I have been since then, when your Highness sent me from the States of Flandes to Piru, and thence to govern the kingdom of Tierra Firme at Panama, the Inquisitions of the said Piru and Cartaxena, and (when I passed through Mexico) that of Nueva España, have shown me, for my great respect, courtesy, and submission, many honors and favors for which I shall always be grateful—as also to your Highness, from whom I hope for greater honors. May our Lord preserve your Highness in your grandeur. Manila, the last of June, 1636. Sire, your vassal kisses your Majesty’s feet.

Sebastian Hurtado de Corcuera

[The letter is followed by the appended documents:]

[The act of October 9, 1635, directed against the Society of Jesus, which will be found in the “Letter written by a citizen of Manila,” Vol. XXV, pp. 216–219. In the present document, the act is followed by the following:]

Collated with the original records which are in possession of his Excellency, and which I attest. Manila, October ten, one thousand six hundred and thirty-five.

The bachelor Joan Fulgencio, notary.

This copy was collated with the copy of the original which is authenticated by the bachelor, Joan Fulgencio, notary of the archbishop of these islands, Don Fray Hernando Guerrero, which is in possession of Don Sebastian Hurtado de Corcuera, governor and captain-general of these islands. At his order I drew this copy. Manila, October seventeen, one thousand six hundred and thirty-five; witnesses being Simon Delgado, and Alférez Pedro de Arexita. In testimony of truth, I sealed and signed it.

Andres Martin del Arroyo, notary of the royal crown.

We, the undersigned notaries, attest that Andres Martin del Arroyo, by whom this testimony appears to be signed and sealed, is a royal notary; and, as such, entire faith and credit has been and is given, in and out of court, to the writings, acts, and other papers, which have passed, and pass, before him. So that that may be evident, we give the present. Manila, June eighteen, one thousand six hundred and thirty-six.

Augusto de Valenzuelo, notary-public. Francisco de Rueda, royal notary. Sebastian Damas, notary of the assembly.

[The order presented to the governor by the commissary of the Inquisition, Francisco de Herrera, November 26, 1635, and already presented in Vol. XXV, pp. 243–244, follows. In the present document, it is followed by the attestation of the notary, Andres del Arroyo (dated April 26, 1636), who made the present copy from the original presented to the governor by the commissary. Following his attestation is one by the three notaries, Baptista de Espinosa, Alonso Baeza del Rio, and Francisco de Casares, attesting the copy of Arroyo.]

In the city of Manila, April two, one thousand six hundred and thirty-six, Don Sebastian Hurtado de Corcuera, knight of the Order of Alcantara, member of his Majesty’s Council, his governor and captain-general of these Philipinas Islands, and president of the royal Audiencia therein, declared that Licentiate Manuel Suarez de Olivera entered a complaint against Alférez Don Francisco de Rivera, the corporal of the soldiers of the guard at the gate of Santo Domingo, for having allowed Licentiate Don Pedro de Monrroy to enter this city, contrary to the order of his Lordship; and because it appeared that the said Don Pedro, accompanied by other persons and disguised in the habit of a Franciscan friar, entered through the said gate, although the said corporal recognized and stopped him and obstructed his entrance, calling the guard. But the said Don Pedro forced his way through the guard violently, and entered the convent of St. Dominic, of this city. For that reason the said corporal and the soldiers with him were not condemned. And in order that his Majesty may know what happened in this matter, and order his pleasure, the governor ordered Juan Soriano, notary-public, before whom the said complaint was made, to give two or three authorized copies of it. Thus did he enact and order, and he affixed his signature.

Before me: Francisco de Ortega

Head of the process. In the city of Manila, November twenty-one, one thousand six hundred and thirty-five, Licentiate Manuel Suarez de Olivera, auditor-general of war, declared that it had come to his notice that although the governor and captain-general of these islands had ordered that no corporal at the gates of the city should allow Licentiate Don Pedro de Monrroy to enter this city, Alférez Don Francisco de Rivera, corporal at the gate of Santo Domingo, with three soldiers had allowed him to enter into the said city contrary to the said order. In order that he might chastise the aforesaid corporal and the others who appeared to be guilty, the auditor ordered the said complaint to be entered, with a process according to military usage, and that the witnesses should be examined according to the tenor of it. Thus did he enact, and he affixed his signature.

Licentiate Manuel Suarez de Olivera

Before me: Juan Soriano, notary-public.

Then the said investigation passed to the said auditor-general, who caused Domingo de Ayamonte, who has been alférez and is a soldier of the company of the master-of-camp, to appear before him. I, the present notary, received from him the oath in due form of law before God our Lord, and with the sign of the cross; and under that obligation he promised to tell the truth. Being questioned, in accordance with the head of the process, he declared that he was a witness of what occurred. He declared that in regard to the said order contained in the head of the process, he did not know it, and that he had not stood guard in this city or in any other place, as he had but lately come from the island of Hermosa. What this witness saw was, that while he was seated outside the gate of Santo Domingo he heard a noise on the part of the wall inside the city, and that some person was calling out to the guard. Upon going to see who was calling, and hastening to take part in whatever might arise, he found that the one calling was Alférez Don Francisco de Rivera, the corporal; and that the friars of St. Dominic and three of St. Francis were leading him a lively dance, dealing him many knocks and blows with their fists. After the noise had subsided, this witness asked what the matter was; and some soldiers whom he does not know told him that they had the order mentioned in the said head of the process, and that the said Don Pedro had entered clad as a religious of St. Francis. This witness knows nothing else, nor what soldiers were at the gate; for, as he has but recently arrived, he knows no one. He declared this to be the truth, on the oath that he has taken, and affirmed and ratified it, and declared that he is fifty years old and competent to be a witness. He did not affix his signature, as he could not write. The said auditor-general signed it.

Licentiate Manuel Simrez de Olivera

Before me: Juan Soriano

In the city of Manila, on the said day, November twenty-one, one thousand six hundred and thirty-five, the said auditor-general caused Pedro Gutierrez, a soldier of the company of the master-of-camp, to appear before him for the said proof. I, the present notary, received from him the oath in due form of law, before God our Lord and with the sign of the cross; and under that obligation he promised to tell the truth. Being questioned, in accordance with the head of the process, he declared that what he knows and what passes is as follows: On this the said day, after nightfall, and while the witness was on guard with the corporal, Alférez Don Francisco de Rivera, at the gate of Santo Domingo of this said city; at that time there were two Dominican religious outside the gate and two others on the inside—lay brothers of the said order; and at the same time a small champan, with three other religious of St. Francis, arrived. Having disembarked, they asked for a jug of water; and answer was given them to enter the city and drink. While they were entering the city by the said gate, the said alférez and corporal thought that one of the said Franciscans was walking somewhat as if he wished to be unknown. Recognizing him, he began to call out to the guard and to lay hold of the Franciscan. The witness, having hastened, saw many religious who were fighting the said corporal and the other soldiers with their fists. They did that with this witness, for they gave him many blows and tore his jerkin and shirt from him, showering many insulting words upon this witness and the others. At this juncture he heard the said corporal say that Don Pedro de Monrroy was one of the said friars who was clad in the habit of St. Francis. This witness knows that the order contained in the said head of the process was given to him and the others at the said gate, so that they might not allow the said Don Pedro de Monrroy to enter thereby. This witness saw that two of the three Franciscan religious who came in the said small champan, and entered this city, tried to go out, and that one of them was left inside. All the above is the truth, on the oath that he has taken. He affirmed and ratified his deposition, and declared that he is forty years of age and competent to be a witness. He signed the above, together with the said auditor-general. Further this witness who has made his deposition declares that he saw that a crowd of Dominican friars came out, by a little bridge which extends to the guardhouse, and joined the others whom he had mentioned; and these latter are the ones who maltreated the said corporal and the other soldiers. He affirmed that, etc. This witness believes that even if they had had many more soldiers, they could not have resisted the said religious, because of the great force with which they defended the said Don Pedro de Monrroy.

Licentiate Don Manuel Suarez Olivera Pedro Gutierrez

Before me: Juan Soriano, notary-public.

In the city of Manila, on the said day, November twenty-one, one thousand six hundred and thirty-five, the said auditor of war caused Manuel de Campos, a soldier of the company of the master-of-camp, to appear before him for the said investigation. I, the present notary, received from him the oath in due form of law, before God our Lord, and with the sign of the cross; and under that obligation he promised to tell the truth. Being questioned as to the tenor of the process, this witness declared that what he knows and what occurred is as follows: He knows that the order contained in the head of the process was given at the gate of Santo Domingo. On the above date, after nightfall, as he was at his post, and with orders from Alférez Don Francisco de Rivera, the corporal at the said gate, there were at that time, outside the said gate three Dominican religious and one secular, and inside one Dominican lay brother. At that juncture came a small champan with three religious of St. Francis aboard, who joined those others who were outside; and all together began to enter by the said gate—the two Franciscans, and one muffled in his mantle. The said commandant came up and looked sharply at the one who was muffled up in the said mantle, saying to him, “I pray you, Father, to uncover.” The latter answered, “He who meddles in this is a base villain;” and, lowering his head, the said commandant recognized the said Pedro de Monrroy. Seizing him, he called out, “Ho, the guard!” This witness hastened to him, and laid hold of the friar whom the said corporal had seized. At that same instant, the father guardian of Dilao gave him a blow; while many other friars, who were behind the gate which leads to the convent, charged down upon the said corporal and this witness, and dealt them many blows—dragging them even to the doors of the church, and saying many insulting words to them, telling them that they were excommunicated rogues, who were committing a very great outrage against the Church. Things were in that condition when the said corporal ordered that witness to go to report to the sargento-mayor; and he did so. The above is the truth, on the oath that he has taken. He affirmed all the above, and declared that he is thirty years old, and competent to be a witness. He signed it, together with the said auditor-general:

Licentiate Manuel Suarez de Olivera, master-of-camp. Juan Soriano, notary-public.

In the said city of Manila, November twenty-one, one thousand six hundred and thirty-five, the said auditor-general caused a [certain] man arrested for this complaint to appear before him, in order that he might take his deposition. I, the present notary, received the oath from him in due form of law, before God our Lord and with the sign of the cross and under that obligation he promised to tell the truth. Being questioned, he stated and declared the following. Being asked his name, his age, and his calling and why he is arrested, he stated and declared that his name is Don Francisco de Rivera y Oseguera; that he is a soldier of the company of Don Lorenzo de Olaso; that he is twenty-nine years old; and that the reason for his arrest was that, having entered this day to guard the Parián, this deponent went as corporal to guard the gate of Santo Domingo, with orders not to allow Don Pedro de Monrroy to enter by the said gate. While he was at the said gate, and three Dominican religious were outside of it, and inside it one, at that juncture arrived a small champan, with three religious of St. Francis. They and the others started to enter the said gate, all with their faces covered. In the midst of them was a Franciscan friar muffled in his mantle. On that account this deponent was mistrustful, and going to him said: “I pray you, Father, to uncover.” Thereupon the father shrank further within his mantle, but the deponent, going nearer, recognized that it was Don Pedro de Monrroy, who was disguised as a Franciscan friar; and this deponent, grappling with him, called out for the guard. Thereupon, one of the said religious attacked the said Don Francisco, and shoved him about, and struck him. And after the said [Franciscans] came many other Dominican religious, who came out of their convent (which is near the guardhouse); and they began to drag this deponent and the other soldiers to the door of the church. That made the soldiers let go of the said Don Pedro de Monroy; for, even had there been many more soldiers, the religious would have taken him away, as there were many of them, and they came headlong to the encounter. He had a report of all the above made to the sargento-mayor. This, and naught else, is the cause of his arrest; and this is his answer. This deponent being asked whether he saw the disembarkation of the said Don Pedro de Monrroy from the champan, and whether he knew that he was coming disguised as a Franciscan friar before he entered the gate, he declared that he did not know it, as night had already fallen; for if he had known it before his arrival at the said gate, he would have prevented his entrance or have shut the gate, and have tried with all his might to obey the order given him. And he would have done that, had not the said friars hastened to him. He stated that he recognized the said Don Pedro de Monrroy only as he was about to enter the said gate in the guardhouse, after which succeeded the aforesaid incidents. This is his response.

Being asked whether he knows the gravity of the offense which he commits who breaks any military order, this deponent declared that he knew it; but that he kept the said order to the utmost, and no more, because the emergency that he has related occurred. This is his response.

Being asked whether he knows and recognizes that the said religious were aided by any secular persons in getting the said Don Pedro de Monroy inside the gate, he declared that he had not seen or recognized any secular persons except the said soldiers, his companions, who aided him, and the said religious. This is his response.

Other questions were asked and brought forward touching the matter; but to all he answered that which he has declared as above, under obligation of the oath that he has sworn. He affixed his signature, together with the auditor-general.

Licentiate Manuel Suarez de Olivera Don Francisco de Rivera y Oseguera

Before me: Juan Soriano, notary-public.

[The following is contained in the documents enclosed, in another letter of like date with the above letter (also by Corcuera to the king, and which will be given, post), and gives details omitted by the present document.]

Act. In the city of Manila, November twenty-two, one thousand six hundred and thirty-five, Licentiate Manuel Suarez de Olivera, auditor-general of the war department of this royal camp, declared that it is advisable, for the greater justification of this complaint, to make investigation among the persons who were about the guardhouse at the gate of Santo Domingo of this city, in order to ascertain and find out more fully what happened last night at the said gate, by examining more of the witnesses who were present or who knew something of the aforesaid; and that the present notary should record the results as a testimony in this cause, so that it might be apparent for all time. Thus did he enact and order, and he signed the same.

Licentiate Manuel Suarez de Olivera

Before me: Juan Soriano

Testimony. In fulfilment of the above act, I, Juan Soriano, notary-public, one of the registered notaries of this city of Manila, in the Filipinas Islands, for the king our lord, attest and assert truthfully to those who may see these presents that on this day of the above date, at the hour of ten in the morning or thereabout, I, in company with the said auditor-general, went to the gate of Santo Domingo of this said city, where there is generally a guardhouse of soldiers. I made an investigation among the persons near the said gate, and asked them whether any of them were present at what is contained in these records, and which happened at this gate last night, which is reckoned the twenty-first of this month. No one was found who could tell me anything about the aforesaid; and I gave the present because of what is contained in the commandment of the said auditor-general. Given in the city of Manila, November twenty-two, one thousand six hundred and thirty-five. Witness, the said constable, Francisco Gutierrez. I seal it in testimony of the truth,

Juan Soriano, notary-public.

Licentiate Manuel Suarez de Olivera

Before me: Juan Soriano, notary-public.

Notification. In the city of Manila, November twenty-two, one thousand six hundred and thirty-five, I gave notice of the above act of proof, according to its contents, to Alférez Don Francisco de Rivera, in his own person. He declared that he has no more proof to give than what he has given already; for, when the affair occurred, there were no other witnesses than the soldiers his companions, who have told and sworn the truth of what occurred. He gave the above as his reply, and I attest the same.

Juan Soriano, notary-public.

Ratification. In the city of Manila, November twenty-two, one thousand six hundred and thirty-five, the said auditor of war caused Pedro Gutierrez, a soldier of the company of the master-of-camp, to appear before himself. I, the present notary, received an oath from him in due form of law, before God our Lord and with the sign of the cross. He promised to tell the truth, and, under that obligation, his testimony and the deposition that he made last night, the twenty-first of this month, before Licentiate Manuel Suarez de Olivera, auditor-general of war, and before me, the present notary, having been read and shown to him, he, having understood and read it word for word, declared that all therein contained, exactly as it is written and testified, was declared and asserted by him; and that the signature at the foot is in the hand and writing of this witness, and he recognizes it as such. If necessary, he again declares it in this plenary act, and he affirms and ratifies it in every point. He affixes his signature, and declares that he is forty years old, and competent to act as a witness. It is signed by the said auditor,

Licentiate Suarez Pedro Gutierrez

Before me: Juan Soriano

[A like declaration is received from the soldier Martin de Campos.]

Act. In the city of Manila, November twenty-five, one thousand six hundred and thirty-five, Licentiate Manuel Suarez de Olivera, auditor-general of the war department of this royal camp, having examined this complaint which he made officially, for the royal justice of war, against Alférez Don Francisco de Rivera, in regard to his allowing Don Pedro de Monrroy to enter the gate of Santo Domingo of this city, while he was corporal at it, in violation of his orders from the governor and captain-general, Don Sebastian Hurtado de Corcuera, to the effect that he was not to allow him to enter this city, etc., said that in consideration of what had been recounted by the investigation of this cause, the said alférez was not guilty in regard to the said entrance. On the contrary, he had done everything in accordance with his obligation to keep the said order. The auditor said that he declared—and he did so declare—the said alférez to be free and acquitted from the said charge; and said that he had done what his duty demanded in the fulfilment of his order, as a faithful soldier. By this act so did he enact, and he signed the same.

Licentiate Manuel Suarez de Olivera

Before me: Juan Soriano, notary-public.

Remission in testimony of truth. Juan Soriano, notary-public.

Fees gratis.

Sire:

Justice in this country was in the worst [possible] condition, because no one looked to your Majesty for it, and some of your vassals were committing outrages on others without fear of God or respect for your Majesty’s officials. There was great license and looseness of life, in both men and women. That has been corrected by exiling some of the men, and arresting others; and by rebuking and threatening the women of quality, and sheltering others of less standing, in the seminary of Santa Potenciana, until they are sought in marriage from that house. I have done that with despatch, considering only the service of God and of your Majesty. By that means many of the laymen have been restrained, as well as many of the ecclesiastical estate and regulars, who likewise have caused scandal in this direction. Two men have been punished by hanging—one for having stolen the monstrance of the most holy sacrament; and the other for the murder of a slave girl whom he had owned, and whom the archbishop had caused to be sold because he was living with her in illicit relations. In order that he might not be deprived of her, he declared that he would marry her, although he had said the year before that he had been married in Nueva España. The slave girl said that she preferred to belong to another than to be his wife. The slave girl going carelessly behind her mistress’s carriage, that man, deliberately and very securely, approached her by stealth; and, embracing her from behind, he stabbed and killed her treacherously. He took refuge in the convent of St. Augustine, where neither the master-of-camp nor the sargento-mayor could find him. But a few days after that, when the affair had died down somewhat, because of the reward offered to my adjutant of the camp, the latter found him and took him from the convent. I referred the cause to the general of artillery, as the man was his subordinate, so that he might try it in the first instance. The general condemned him to death. He appealed to his commander-in-chief; but the auditor-general returned the cause, saying that it had no appeal, as he was convinced of the man’s treachery and perfidy. Thereupon the general of artillery set about the execution of the sentence of death. The archbishop of this church excommunicated the general of artillery; and his provisor, one Don Pedro de Monrroy, a restless man, and a friend of revolution, sent twice to excommunicate me. But I gave them no opportunity to notify me at all. They declared interdicts and the cessation of divine services. The sentence was executed, and the dead man was returned to the door of the church. I wrote to the archbishop with all courtesy, entreating him to be pleased to have the churches opened and not to leave this community without mass and consolation on a day such as the nativity of our Lady; and that, as justice was already done, there was nothing else to do. The archbishop called a meeting of the religious of all the orders. They thinking in this way to avenge themselves for insults that they imagined they had received—the fathers of St. Dominic because I did not allow them to place benches in the principal chapel of their church when the royal Audiencia was present, for other persons, and on matters touching the communal funds [of the Sangleys]; those of St. Francis, because of the hospitals; and those of St. Augustine, because of what I had already written—carried the torch into that meeting, making a political argument from the fact that the archbishop and I were at swords’ points. Accordingly, they were of the opinion that the censures should be raised under no circumstances, and they talked very unbecomingly of my person. Only the fathers of the Society defended the royal jurisdiction, being followed by one of the Franciscans. They showed clearly that the execution that had been performed was a good thing, as the murder had clearly been a treacherous one. Therefore the other religious gave them cause for merit by uttering insults toward them; and from that instant took so great an aversion to them that it was the beginning of the disturbances that happened afterward. I went twice and thrice to request the archbishop to raise the interdict and the cessation of mass, but he was so far from doing it that he even refused to answer my letters. So I left him; but afterward, for certain reasons or at the request of others, he raised the censures and interdict, and absolved the general of artillery ad cautelam—for the latter did not consider himself as excommunicated, nor did learned men even consider him as such. That was very evident; for, having appealed to the bishop of Camarines, the sentence was in his favor, and he was absolved from the pecuniary fines imposed by the archbishop.

The archbishop and the religious seeing that the fathers of the Society were not disturbed—for which object the former were striving—because of the resolution made in the said meeting, the archbishop, twenty days later, sent a notary with a notification to the superiors of the Society, ordering that they should not preach outside their house, not even in the plazas and the guardhouses, under penalty of major excommunication, late sentencie, and a fine of four thousand ducados for the Holy Crusade—a thing which greatly scandalized all this community. The fathers of the Society answered with moderation that they would obey whatever was not contrary to the privileges and immunities given them by the Roman pontiffs; but that, since the tenor of this act was hostile to those rights, and manifest injuries were being caused to the Society—first, because all of them had been deprived of the preaching, without other fault than having defended the royal jurisdiction, and the truth; second, in ordering this with [penalty of] excommunication and pecuniary fines; third, by prohibiting them from giving instruction, even in the plazas and guardhouses—they were obliged to appoint a judge-conservator; for although they had tried all means of peace they had succeeded in none, or in finding any method by which peace could be secured. On the contrary, they were notified of another act on the part of the archbishop, on the third day after, ordering them not to instruct certain Indians, of whom they had legitimate control by provisions of two former prelates and of the royal patronage. From that they feared new notifications and insults, and therefore they appointed their judge-conservator on the second of November, of the past year 1635. He was a dignitary of this holy church, one Don Fabian de Santillan y Gavilanes, a qualified person of this country, and son of a treasurer of the royal exchequer. The judge-conservator ordered the archbishop to take back the acts made against the Society of Jesus, as they were a manifest injury. The archbishop had recourse to the royal Audiencia with a plea of fuerza. The acts were requested, and the fathers of the Society went to maintain their just claims, as did those of the other orders on the part of the archbishop. For, although what the Society was defending was in favor of all the other orders, they did not think of that. On the contrary, they preferred to lose two eyes, in order as the saying is, to tear one from the Society—against whom the fear and aversion which they cherish is remarkable, as they show by word and deed. They do the Society ill turns whenever possible. After the secretary had made a report of the cause, those of the Society brought forward the arguments in favor of their side; they proved also that a manifest injury had been done them in the decrees of the archbishop, and that the judge-conservator was legally appointed. The religious, who had gone on the archbishop’s behalf, had nothing to say, and asked for another day in which to state their case. The following day was granted them. They summoned many more religious, and six of them were heard in the archbishop’s behalf. Those of the Society replied to what the others opposed to them, but those of the opposing side did not satisfactorily answer those of the Society. Thereupon, the royal Audiencia declared that the judge-conservator had not employed fuerza, and that he was legally appointed. Therefore, the latter continued to press the archbishop with censures, in order to make him withdraw the acts issued against the Society. The archbishop did so; but, when the matter was in a condition to be disposed of and finished in a few days, it was discovered that the archbishop and some of the three said orders of St. Dominic, St. Francis, and St. Augustine, had held a conference, and had drawn up a defamatory libel under the title of a protest. They had included in it, according to public report, not only those of the Society, but also the judge-conservator himself, and the royal Audiencia, because they had passed judgment contrary to their will. That protest or libel was authenticated by a royal notary named Diego de Rueda, who is also a familiar of the Holy Office. The judge-conservator arrested him, and with the aid that he requested, the commissary of the Holy Office—who here is a Dominican father, named Fray Francisco de Herrera—went to ask the said judge-conservator for his familiar, the said notary. The judge-conservator answered that he had already taken his deposition, and had no further need of him; but that they should demand him from me, for he had been arrested by my order. I answered that he had been delinquent in the exercise of his duty, for having authenticated, as royal notary, a defamatory libel; and that the punishment therefor pertained to the royal jurisdiction.

The father commissary sent two young and impudent friars to me, to notify me of the act which I enclose herewith for your Majesty, and laid his orders on me as imperiously as if he were the supreme tribunal of the Inquisition. I, on the contrary, before the completion of the notification, took the act from the hands of his agent with mildness, and sent him to the port of Cavite, charging his superior there to keep him in that place and treat him well. This I did purposely, because it is not proper for a youthful friar to talk with so great freedom to the representative of your Majesty—especially in a cause which is so peculiar to the royal jurisdiction as is this offense, which concerns the office of a notary.

On that account, the fathers of St. Domingo took occasion to utter blasphemies against me. They declared that I was excommunicated for hindering the service of the Inquisition; that I was deposed, that I was not governor; that I could not act as governor; that the senior auditor was to assume the government immediately; that he was to imprison me and lock me up in a fort. In confirmation of what they were saying throughout the city, they brought a friar from Cavite, named Fray Francisco Pinelo, whom, being bold, eloquent, and satirical in the pulpit (as is well known in this community), they caused to preach the second Sunday in Advent. He read a bull in the pulpit, which was said to be by Pius Fifth, and which was in Romance. Therein the pontiff orders that he who should prevent the exercise of the Holy Office should be infamous and incapacitated from office, etc. That he declared in such a tone and manner that it was clearly seen that it was all for the governor, and that he was censuring me as infamous. In order that your Majesty may see the license of the friars in this country, and how they treat those who exercise this office—and this under protection of the Inquisition, hiding under the authority of so holy a tribunal, to avenge their passions in things which, truly, neither belong to the Inquisition nor are at all connected with it—in that same sermon, innumerable other things and satires were uttered against me and against the royal Audiencia for having declared, contrary to the pleasure of the friars, that the judge-conservator was not employing fuerza against the fathers of the Society, censuring them as heretics; and against the judge-conservator himself, calling him a canon of London. They have made use of this style of preaching in many sermons throughout this time. The Recollect fathers of St. Augustine imitated him, and I am told that this is no new thing; for whatever the governors do that is displeasing to them they immediately take into the pulpits, thus making the pulpit the professorship of vengeance, while it is the seat of Christ for the preaching of His holy word. The disorder that has always existed in this regard is very great, and the matter demands an efficacious remedy. What occurs to me is, for your Majesty to send a decree to the governor, ordering that, when the said orders preach in this manner, he shall advise their provincial, so that the latter may deprive them of the privilege of preaching, and exile them from Manila to whatever place shall be deemed best; and that, if the provincial shall not do so, then your Majesty should immediately take away the temporalities from all of such order, and should order the royal officials not to pay them anything, not even the stipends for the instruction. For that nothing more should be necessary than for the governor to order it. That decree should be sent, but with restrictions, so that it may be a check on them; for your Majesty has sent many decrees to the provincials, charging them not to preach whatever they please against the governors, but they do not obey them. Your Majesty will see the importance of this matter, because those friars stir up and disquiet the country by these actions and sermons, and arouse hatred toward the governors.

The fathers of St. Dominic left no stone unturned. They drew up a paper, in which they spoke very discourteously of my person; and with it they presented a petition to the dean of this cathedral church—who, inasmuch as the archbishop had been excommunicated by the judge-conservator, was acting as provisor and vicar-general in it—asking him to declare and publish me in the lists as excommunicated. The dean, who is a prudent and aged man, was very far from doing so. Of a truth, Sire, I cannot fail to represent to your Majesty, in regard to this point, how great is the resulting inconvenience that any ordinary at all can declare your Majesty’s governors and viceroys excommunicated. And that would be a great embarrassment and cause for disturbance for a community; for, if the governor were declared excommunicated, the discontented would take the opportunity to release themselves from his obedience, and to excite a revolt against their legitimate king and lord. There is not lacking one who says that the bishops and ordinaries cannot do this, since the viceroys and governors enjoy the royal privileges, and that no other than the pope himself can excommunicate kings. If this is so, will your Majesty be pleased to declare it, for such a declaration would be very advisable; or order what should be done in this particular.

Among these things there occurred another very regrettable incident. Don Pedro de Monroy, who was now no longer provisor, left the city; and fearing that, if he returned hither, he would embroil the matter more, as was his custom, I gave orders at the gates of the city that, if he attempted to enter it, he was not to be allowed to do so. But on the twenty-first of last November, the said Don Pedro de Monroy, clad as a Franciscan friar, in the company of two other Franciscan friars, attempted to enter by a gate near the convent of Santo Domingo. A number of religious came out of the convent to receive him. He who was stationed at the gate as commander recognized him, seized him, and cried out to his soldiers to take their weapons and prevent his entrance. But there were so many Dominican friars who attacked the soldiers, and defended Don Pedro with their fists, that the soldiers could not use their weapons or prevent the entrance. Thus, by forcing their way into the guardhouse, the friars, brought him into the city. I felt the resentment in this matter that was natural, and I ordered the corporal and the soldiers to be arrested. Being about to punish them for not having obeyed their orders, they exculpated themselves very thoroughly in the investigation made by the auditor-general, but the violence of the religious gave the soldiers no opportunity to do more. Consider, your Majesty, what liberties these are to be taken from religious; and who can endure them? I wrote to their vicar-provincial, but he answered coolly that his religious had not done any such thing, as they are obedient, and that he had information to the contrary. The father vicar-provincial adds that Don Pedro [de] Monrroy entered the city in response to the summons of the Inquisition. This word “Inquisition” is the motto and cry of the fathers of the Order of St. Dominic in these islands, for whatever they wish to do. Your Majesty will have seen from the aforesaid what ill use they make of the authority of the Inquisition—so much so, that I assert that with it they disturb and excite the community, which would not be safe if your Majesty did not have so many soldiers here. Therefore, since it is advisable to preserve peace here, will your Majesty be pleased to order the supreme tribunal of the Inquisition to order the tribunal of Mexico to appoint, as commissaries, not friars but seculars, since there are so many seculars who are able to act in that capacity, and since it is an office that properly belongs to the ecclesiastical estate. Affairs will then run more smoothly, and there will be more harmony; and I do not expect peace until that be done, and until these lawless acts be checked.

The judge-conservator went on with his commission, urging the archbishop with censures in order to make him hand over the protest or libel which had been made; but the religious gained possession, by force, of the will of the archbishop, and although he desired to surrender the paper, they did not allow him to do so. He gave it to Fray Diego Collado, of the Order of St. Dominic, who secured such possession of that paper that afterward the archbishop himself was unable to obtain it, notwithstanding his efforts.

All was now confusion in the community, and the friars made innumerable evil and vile reports against the fathers of the Society (who bore these attacks in silence), whenever they had an opportunity. They preached innumerable satires against the same fathers of the Society, and against the judge-conservator, saying that these were bringing in innumerable innovations—all for the purpose of causing a disturbance. As the preservation of peace pertains to me, I one day summoned the superiors of the orders of St. Dominic, St. Francis, St. Augustine, and of the Recollects, and the father commissary of the Holy Office, in your Majesty’s name, and by a duly-executed decree of the royal Audiencia. The father commissary refused to come, and sent no excuse. The superiors were told that they were to keep their friars still, so that they might not go about disquieting the community. In regard to those who were most to blame in this—namely, Fray Francisco de Paula and Fray Sebastian de Oquendo of the Order of St. Dominic, and Fray Alonso de Carvajal and Fray Alonso de Ochoa, of the Order of St. Augustine—their superiors were ordered, in your Majesty’s name, to cause them to leave the city for some time. But they would by no means obey, for at this time the friars do not recognize your Majesty; and, in order to avoid other troubles, I had to overlook this, and let things go.

At that time I was attending to the despatch to Maluco of the galleons which were to go with the reënforcements. The religious of St. Dominic even allured a pilot whom I had honored and favored, and whom I had chosen to go in the almiranta, so that he should desert with some of them by way of India. I learned of it, and was obliged to arrest him, and to leave orders at the gates not to allow either of the two religious of the Order of St. Dominic, namely, Fray Francisco Pinello and Fray Diego Collado, who were the two implicated in this flight, to leave the city. Therefore, because of this order, they began to assert that I was incurring innumerable excommunications. They do not stop to consider that I have this city and these islands in charge, and that, accordingly, I must conserve them, and look out for them, and issue the advisable military orders that I esteem necessary; and that I could not prevent that damage except by not permitting those religious to leave the walls. In another manner, some other religious incited a goodly number of sailors, who, having received their pay to go to Maluco, fled in a boat called “champan,” and laid their course toward India. With them was a secular named Don Francisco Montero, who had been expelled from the religious estate—a restless man, who had been deprived some few months before of the chaplaincy of the seminary of Santa Potenciana, as he was not suitable for that post and served it ill. There was also a Recollect Franciscan friar, named Fray Nicolas de Tolentino, who was angered because his order had not elected him provincial, as he wished; and there was also a friar of St. Dominic. They are said to be about to go to España, with the intention of complaining of me to the supreme Inquisition. But the road followed is apt to take them into the hands of the Dutch, or to shipwreck. But in case any such complaint should be carried to España, I am informing your Majesty of everything. I also do so that your Majesty may see to what lengths these friars go, and how necessary it is to check them, so that they may not cause similar desertions—which appear outrages, and which are so, to the disservice of your Majesty, as it takes from us the men who should attend to the royal service in the royal fleet.

Sebastian Hurtado de Corcuera

[The present document is accompanied by the following documents:]

[The act enacted against the Society of Jesus by the archbishop and orders on October 9, 1635, q.v. Vol. XXV, pp. 216–219 (and the notarial attestations, ante, pp. 72, 73); the letter from the governor to Pedro de Monroy, of October 8, 1635, q.v., Vol. XXV, pp. 207–208; the reply of the provisor, q.v., ut supra, pp. 209–210; the letter from the archbishop to the governor, October 9, 1635, q.v., ut supra, p. 221; the governor’s reply to the archbishop, q.v., ut supra, pp. 221–223 (followed here by notarial attestation of the present copy, made at Cavite, June 26, 1636).]

Don Felipe, by the grace of God, king of Castilla, Leon, Aragon, the two Cicilias, Jerusalem, Portugal, Navarra, Granada, Toledo, Valencia, Galicia, Mallorca, Sevilla, Cerdeña, Cordoba, Corcega, Murcia, Jaen, the Algarbes, Algeciras, Gibraltar, the Canarias Islands, the East and West Indias, the islands and mainland of the Ocean Sea; archduke of Austria: duke of Borgoña, Bramonte, and Milan; count of Axpurg, Flandes, Tirol, Barcelona, Vizcaya, and Molina, etc.: Inasmuch as Don Pedro de Monrroy proceeded, when provisor of the archbishopric of Manila, against Licentiate Don Francisco de Saavedra Valderrama, auditor of my royal Audiencia and Chancillería established in the city of Manila, of my Filipinas Islands, on the ground that he had taken the notary, De Vega [i.e., Diego?] Soto from the church, where he had taken refuge because of the criminal suit that was being prosecuted against him for the falsehoods and theft with which he is charged in regard to the silver lacking in the wreck of the ship “Sant Nicolas de Tolentino” (he being the notary of that ship), it was ordered that he be restored to the church under penalty of certain fines and censures. Notwithstanding that he appealed in due time and form, and threatened the royal aid against fuerza, and Licentiate Marcos Zapata de Galvez, my fiscal in the said Audiencia (who took part in the cause because of what pertains to my royal jurisdiction), did the same, the person aforesaid [i.e., Pedro de Monroy] continued to prosecute the said suit, with greater penalties and censures. Therefore, the said my fiscal presented himself in the said my Audiencia in the said appeal from fuerza. Having examined the acts in the matter, it was decreed by an act, on the seventh of the present month and year of the date of this my letter, that the said provisor was declared to have employed fuerza, and he was ordered to recall and repeal his acts; and the aforesaid [provisor] must freely allow the said appeals before the superior judge, who should annul all that had been done and enacted in prejudice of those appeals. He was to raise and remove the censures and interdicts which had been laid, and absolve those who had been excommunicated. Although he ought, in accordance with law, to obey and observe the tenor of the aforesaid decree, not only did he not do so, but on the contrary, adding fuerza to fuerza, he excommunicated Auditor Don Alvaro de Mesa y Lugo, auditor of the said my Audiencia, with new fines and censures. Therefore, at the petition of the said my fiscal, my first and second letters were issued and despatched by the said my Audiencia as royal decrees, ordering that the tenor of the said act should be observed and kept, under penalty of a fine of two thousand Castilian ducados and deprivation of the temporalities, and of being exiled from my kingdoms. Although he was notified, he always remained rebellious and obstinate against fulfilling it. Therefore, it was declared by a third letter and royal decree, which was issued and despatched on the eighth of the said month and year, that he had incurred the said fine of the two thousand Castilian ducados, exile from my kingdoms, deprivation from all the temporalities that he possesses and enjoys, and exclusion from them. As the said Don Pedro de Monrroy has absented and hidden himself, its execution has not been entirely carried out in regard to expelling him from the country. It is advisable to make the necessary efforts, both that the aforesaid decree may be made public in the said city, and that what has been enacted may be executed. Therefore, the matter having been examined by the president and auditors in the said my royal Audiencia, it was resolved that I ought to order this my letter and royal decree to be issued. By it I order and command that it be proclaimed publicly in the city of Manila, in its public places, that all its citizens, residents, and inhabitants shall consider the said Don Pedro de Monrroy as exiled from my kingdoms; and, as such, that they treat him both in regard to any offices or dignities in which he may be serving, and in all other things regulated by law, as a rebel to my royal mandates; and they shall not receive or conceal him in their houses, or in any other place, nor shall they aid or protect him, so that he may be hidden—under penalty of a fine of two thousand Castilian ducados for my royal-exchequer, to which I shall consider as immediately condemned whomsoever shall do the contrary. Further, they shall be proceeded against by the whole rigor of the law, as against receivers and concealers of persons exiled from my kingdoms, and declared as such. I request and charge the superiors of the orders of this city, and outside the city, and other ecclesiastical person not to admit him into the city under any consideration, with warning that I shall consider myself disserved if such be done, and if more can be done in law, it is ordered to be provided as the most advisable remedy, inasmuch as it is thus fitting for my service, and my authority, protection, defense, and the conservation of my royal jurisdiction. Given at Manila, September twenty-five, one thousand six hundred and twenty-three.

Don Alonso Faxardo de Tenza Doctor Don Alvaro de Mesa y Lugo Licentiate Don Juan de Saavedra Valderrama

I, Pedro Muñoz de Herrera, who exercise the office of notary of the assembly of the royal Audiencia and Chancillería of these Filipinas Islands, caused this to be written by order of the king our sovereign, by the resolution of the president and auditors of that body.

This copy is collated with the original royal decree, which is in the possession of Don Sebastian Hurtado de Corcuera, governor and captain-general of these Philipinas Islands. By order of his Lordship, I drew this copy at Manila, October seventeen, one thousand six hundred and thirty-five. Witnesses, Simon Delgado and the accountant, Juan Bautista de Zubiaga. In testimony of truth, I sealed and signed it.

Andres Martin de Arroyo, notary of the royal crown.

We, the undersigned notaries of the king our sovereign, attest that Andres Martin del Arroyo, by whom this copy appears to be sealed and signed, is such royal notary as he has called himself therein. To the writings and acts that have passed, and pass, before him, entire credit has been and is given, in and out of court. So that this may appear, we affix our signatures. Given at Manila, June eighteen, one thousand six hundred and thirty-six.

Augustin de Valenzuela, notary-public. Francisco de Rueda, royal notary. Sebastian Damas, notary of the assembly.

[The act of the commissary of the Inquisition, dated November 26, 1635, presented to the governor and concerning the libelous protest issued by the archbishop and religious (q.v., Vol. XXV, pp. 243–244); and the records of the trial and acquittal of Francisco de Rivera q.v., ante, pp. 73–86, taken in part from the present document) follow.]

Act, and head of the process for Captain Juan Dominguez, the pilot. In the port of Cavite, December twenty-two, one thousand six hundred and thirty-five, General Don Andres Pacheco de Tholedo, lieutenant-governor and captain-general, castellan and chief justice in this said fort for his Majesty, declared that inasmuch as it has come to his notice that Captain Juan Dominguez, who is captain of a company of marine infantry and pilot-in-chief of these islands, has attempted to absent himself from them, and to go in a champan to the kingdoms of Castilla by way of Yndia, without permission of the governor, of all which the said judge has been advised by certain papers without signature that were given to him, and by other circumstantial evidence that he has had: In order that the said crime may be punished, in accordance with the military ordinances, he ordered that an official investigation be made by the department of royal justice, according to military usage and procedure, and that the witnesses be examined in accordance with the tenor of this act and head of the process. Thus did he enact, and he affixed his signature.

Don Andres Pacheco de Tholedo

Before me: Agustin de Balençuela, notary-public.

Testimony. In the port of Cavite, December twenty-two, one thousand six-hundred and thirty-five, the said judge summoned before him, for the said investigation, the chief gunner, Daniel Alvarez, an inhabitant of this said port. The oath was taken from him in due form of law, before God our Lord and with the sign of the cross, under which obligation he promised to tell the truth. Being questioned according to the tenor of the act and the head of the process, of this other part, this witness declared that he knows Captain Juan Dominguez, and that what he knows and what occurred is as follows: About twenty days or so ago, Bartolome Martin, an artilleryman, and both a countryman and a friend of this witness, said that Captain Juan Dominguez had communicated with him, and asked him whether he would like to go to España by way of Yndia; and, if so, that he would take him also; for he, together with ten or twelve others who were sailors, was going to take a friar of St. Dominic to Yndia. The latter was going to take papers and despatches from the archbishop and the orders in the city of Manila; and they were giving the said Juan Dominguez four thousand pesos for this enterprise. The said Bartolome Martin replied to him: “Captain Juan Dominguez, I am equipped to go to Terrenate, to serve in my post as artilleryman under General Don Guillermo Somante. On my return from the voyage, I think that I shall go to España, the same way by which I came. Therefore, I do not care to go.” This is what this witness knows, and what he has heard. It is the truth, under obligation of the oath that he has taken, by which he affirmed and ratified it. He declared that he was competent to act as a witness, and that he is forty years old. He affixed his signature, and the said judge signed it.

Daniel Alvarez

[A rubric, apparently that of the said judge, is at the foot.]

Before me: Agustin de Valençuela, notary-public.

Then the said judge immediately summoned Bartolome Martin, an artilleryman, to appear before him for the said investigation, on the said day, month, and year. From him was taken an oath in due form of law before God and with the sign of the cross, under which obligation he promised to tell the truth. Being questioned in accordance with the said act and head of the process, this witness declared that he knows Captain Juan Dominguez; and that about twenty days or so ago, he called to this witness and told him to come to see him, as he had some business to talk over with him. Thereupon this witness went to his house that night, and found him there with Christobal Romero and other persons. This witness waited until they had gone, and then asked the said captain what he wished from him. He replied that he had made arrangements with the fathers of St. Domingo and some other persons (whose names he did not declare) to go in a champan from here to Malaca, and from Malaca to Goa, in order to take some letters from the archbishop and orders of the city of Manila to España, written against the governor and captain-general of these islands about the affairs of the judge-conservator. He was to take two friars of St. Domingo in the said champan, who were giving him more than four thousand pesos for that enterprise. He asked the witness whether he did not wish to leave so wretched a country, since the governor was acting so harshly toward the men of his calling, whose wages he had cut down. This witness answered that he did not wish to go with him; and that he was not a deserter, nor in debt, nor was there anything else that should lead him to absent himself. He said that he was now about to go to Terrenate, and that opportunity would not be lacking for him to go to España on his return; and then he would not have to go secretly and at such a risk, which might cost him dear. And he went to recount the occurrence, just as it had happened, to the chief gunner Daniel Alvarez (who cites him in his deposition), as they are friends. This is what occurred and is the truth, on the oath that he has taken, on which he affirmed and ratified it. He said that he was competent to act as a witness, and that he is thirty-one years old. He affixed his signature, and the said judge signed it.

Bartolome Martin

[The rubric of the said judge appears at the foot.]

Before me: Agustin de Valençuela, notary-public.

Then immediately on the said day, month, and year, the said judge summoned Jose Martin de Barcelona before him for the said investigation. An oath was received from him in due form of law, before God our Lord and with the sign of the cross, under which obligation he promised to tell the truth. Being questioned in accordance with the tenor of the said act, he declared that he knows the said captain Juan Dominguez; and although it is true that this witness stated that the said captain Juan Dominguez was not to go to Terrenate, he did not say that because he thought that he was going to Yndia, but because it was reported that the royal officials were going to arrest him for a sum of pesos which he owes to the royal treasury. He understands or knows nothing else than what he has declared, and that is the truth, on his oath, on which he affirmed and ratified his statements. He declared that he is competent to act as a witness, and that he is forty-four years old. He affixed his signature to the same, and the said judge signed it.

Jose Martin de Barcelona

[A rubric is seen at the bottom, which is that generally used by the said judge.]

Before me: Agustin de Valençuela, notary-public.

Thereupon, immediately on the said day, month, and year, the said judge summoned Cosme Chacon, an artilleryman, before him for the said investigation. An oath was taken from him in due form of law, before God our Lord and with the sign of the cross, under which obligation he promised to tell the truth. Being questioned according to the tenor of the said act and the head of the process, he declared that what he knows is, that it was said publicly and openly in that port, four or five days ago, or thereabout, that certain persons of the port had told the said judge that Captain Juan Dominguez was trying to absent himself and go to España by way of Yndia, for which they had given the judge a letter. This witness has spoken about this same matter, and has no further information than what he has given. He was asked by the said judge whether, some four or five days ago, when the chief gunner of the fort at this port arrested him because he would not attend to the duties of his post, the witness said that the chief gunner’s command over him would soon end. He declared that the words contained in the above question are true, but that his meaning in saying them was that his post of artilleryman would soon be exchanged for that of soldier (which is the employment that this witness professes), and that he made the aforesaid remark with no other meaning. This is his answer, and he declared that it is entirely true, on his oath, by which he affirmed and ratified his statement. He declared that he is competent to act as a witness; that he is twenty-seven years old; and that he does not know how to sign the above. The said judge signed it. [At the foot appears the rubric of the judge.]

Agustin de Valençuela, notary-public.

Collated with the original, which is in the archives of my office, and I refer to it. At the order of General Don Andres Pacheco de Toledo, lieutenant-governor and captain-general, castellan, commandant and justice of this port, I give the present in Cavite, April twenty-five, one thousand six hundred and thirty-six. Witnesses, Agustin de Carrança, Christobal de Molina, and Captain Juan Despinosa. In testimony of the truth, I seal it.

Agustin de Valençuela, notary-public.

Letter written by Bartolomé Dominguez to Juan Romero

Dear comrade:

I trust that this letter will find your Grace in the enjoyment of as good health as I wish for myself. Mine is good, and at your Grace’s service. In regard to my return, your Grace must know that, when I parted from your Grace in Manila, I did not have any such thought; nor did I know of it until I reached Cavite, when Estacio talked with me. Seeing myself so out of favor and my brother dead, I resolved to return, on account of those changes. We went in a small champan—ten men and one friar—to a distance eight leguas from Maribeles. There we found a large champan and two religious. We all embarked, and went to a district belonging to the fathers, to deck the champan over. We have provisions for two years; powder and balls, muskets, and two small pieces of bronze artillery [esmeriles]. They give each of us three hundred pesos and our expenses to España. Esteves has your Grace’s new doublet; and your Grace can get it [from him]. Francisco Cachata owes [me] three pesos and Bartolo two—all to be used in saying masses for my brother. Juan de Palacios owes me four pesos, which he may spend in his mess; and my silver spoon and mirror. Will your Grace get them? and they are to be used in saying masses for my brother. Will your Grace tell him that if he shall bring any cloth, he must do his best for his soul. The three mantas of Pedro Castañeda must be paid for, according to what is right. Tell Señora Juana that I beg her pardon for not having gone to say goodbye to her uncle and aunt, and give her my regards. And will your Grace tell Captain Juan Dominguez, when he comes from Terrenate, that I send him my regards. Now I shall say nothing further except that may God preserve your Grace for many years, and take you to your home; and, if I reach there first, I shall say that you are well. Given on this new year’s. From your Grace’s comrade,

Bartolome Dominguez

The address of this letter reads: “To my comrade, Juan Romero (may our Lord preserve him!) at the house of Juana Muñoz, next to the Society, Cavite.”

Collated with the copy of the report and letter which are in possession of Don Sebastian Hurtado de Corcuera y Mendoça. At the order of his Lordship I drew this copy, which is a true and faithful copy. Witnesses at its copying, correction, and collation were the accountant Juan Bautista de Çubiaga, Agustin de Reguen, and Juan de Palma, who were present. In testimony of truth, I sealed and signed it.

Andres Martin de Arroyo, royal notary.

[In the margin: “That during the eleven months while he has been in that government he has done no other thing than to establish the royal jurisdiction and patronage, and subdue the religious to [understand] that his Majesty is their natural seignior and the seignior of those islands; and he relates the mischievous proceedings of the religious of St. Francis, St. Augustine, and St. Dominic.”]

Sire:

One would believe that your Majesty (may God preserve you) has sent me not to govern your Filipinas Islands, but to conquer them from the religious of St. Dominic, St. Francis, and St. Augustine; for in the eleven months since my arrival here, I have had no other thing to do than to establish the jurisdiction of your Majesty and your royal patronage, and to subdue the said religious to the understanding that your Majesty alone is their natural seignior, as well as the seignior of the said islands. And hitherto they have succeeded in and obtained whatever they desired, either because they have governed the governors, or the governor through fear of their so insolent preaching, or on account of their demands and threats, has never refused them anything. And if, in the course of the year, they have resorted to these measures at the time of the despatch of the galleons to Nueva España, the governors have granted their petitions, just or unjust—either that the religious might write well of their government, or so that they might not write ill of it. I am convinced that they will always write ill of me, because I am ever striving to regulate the service of God and that of your Majesty. As that is a labor in which both services may be free from self-interest and worldly ends, I shall not resent that they write to your Majesty whatever they like; for, since you are so just and so Catholic a sovereign, I cannot believe or expect that you will condemn me without a hearing. Therefore I petition your Majesty to be pleased to have your secretaries send a copy of my letters to your vassals, both regular ecclesiastics and seculars, of what I shall write concerning them; for they will find therein no deceit or falsehood (and it is impossible to deceive God and one’s natural sovereign). Also they will find neither hate, love, nor passion, but only kind desires for correcting the faults of my neighbors, and those of the subjects of your Majesty whom you have given to me by your favor, so that I might maintain peace and justice among them, and keep them in the fear of God and that of your royal person. I also petition your Majesty to be pleased to have the said secretaries send me the letters, or copies of the letters, that they shall write, so that we may, on both sides, verify the truth here, and, having verified it, advise your Majesty.

[In the margin: “That the Order of St. Dominic generally opposes the government, while that of St. Francis has given great scandal to those islands, by the provincial chapter that was held.”]

The Order of St. Dominic has grown old in opposing the government for many years. The Order of St. Francis has opposed it from the time of the provincial chapter held by a commissary, Fray Juan de Gabiria, an Observantine, in which he deprived the discalced fathers of all the definitorships, elected Observantine provincial and guardians, and removed the discalced provincial; and against the will of your Majesty and your royal decrees tried to convert the discalced fathers into Observantines, under the protection of Don Juan Cereço Salamanca. Because he removed a guardian of Manila, Fray Jose Forte, for causes which the ex-provincial ought to have discovered, this order caused the greatest scandal in the community that has been seen here. As it did not happen in my time, I am only obliged to inform your Majesty of it, but not of the disorders committed. [Decreed in the margin: “In the Council, December 12, 1637. That the secretary request the commissary-general of the Indias to report what happened in this matter. Let examination be made to discover whether there are any papers or letters that concern this matter.”]

[In the margin: “The provincials of St. Francis, past and present, are coming to relate what they have done.”]

I have decreed that the provincials, past and present, and the commissary himself, go to report to your Majesty and to their superiors what they have done; and your Majesty will there give orders as to which they must be—discalced, as hitherto, or Observantines. [Decreed in the margin: “See above. If these religious come, have this section brought.”]

[In the margin: “That the Order of St. Augustine is in need of reform; he mentions the causes for it.”]

[In the margin: “That bishops should be sent to those islands who are secular priests, but not friars, because of the troubles that arise from their uniting with the orders and opposing the governor; and he asks that the presiding archbishop be sent a coadjutor, as he is now very old and incapacitated.”]

Most of the ministers of instruction think only of acquiring and amassing money, in order thereby to solicit your Majesty in that court to give them these bishoprics. Surely, your Majesty is not well served thereby; and you should send a secular bishop, or at least an archbishop, so that the religious should not unite with him to oppose your Majesty’s governors. And, if it please you, will you send a coadjutor for Don Fray Hernando Guerrero, archbishop of these islands, who is now so old that he is past eighty years of age, and his hands and head shake. Leaving his lack of learning out of the question, your Majesty can consider what the [ecclesiastical] government will be by having peace. In order that your Majesty may establish a thing so to your service, I will give that coadjutor two thousand pesos annually from my own salary. If he should assume the archbishopric during my term, I shall arrange so as to leave that sum to him as an income, besides the four thousand pesos that the archbishop receives—so that the two thousand may not be paid from your Majesty’s royal treasury, from your royal incomes, or from those of your vassals. By that means the archbishopric will have an income of more than six thousand pesos, and its incumbent can get along excellently on that. Will your Majesty kindly send such a coadjutor for the succor of these islands and the consolation and protection of the clergy, from among the so many virtuous and erudite and moral seculars in that royal court. Should such an archbishop have a bishop in partibus, in order to go to confirm and to visit, your Majesty can very well dispense with the three other bishops of Cibu, Nueva Segovia, and Camarines, for they are in fact of but little use and service in their bishoprics. [Decreed in the margin: “Touching the matter that the archbishopric be given to a secular, when that post falls vacant, let this section be referred to. In regard to giving a coadjutor to the archbishop, have his letters collected, and what other letters treat of his health, age, capacity, and method of procedure. The secretary, Don Gabriel de Ocaña y Alarcon, shall make a secret investigation of what occurs in this matter. In regard to the offer of the two thousand pesos which the governor offers from his salary, no steps will be taken at present; but have the governor notified to explain the means by which the sum that he mentions can be obtained without detriment to the royal treasury or to his Majesty’s vassals, so that if it be a measure proper to adopt, it may be carried out. In regard to abolishing those bishoprics, let there be brought, for the better settlement of the matter, a report of the data concerning their erection, their respective distances [from Manila], and whatever else concerns this matter, and of what shall be found in the secretary’s office.”]

[In the margin: “That the orders of St. Dominic and St. Francis have sent more religious than those granted to them.”]

The Order of St. Dominic having been granted sixteen religious by your Majesty, at a cost of a like number of thousands of pesos, brought twenty-six in all, at a cost of as many thousands of pesos. The Order of St. Francis brought sixteen, although your Majesty granted them twelve. Thus, Sire, your Majesty spent forty-eight thousand pesos in bringing those seventy religious, and established nearly as many rivals to your governor, in order that they might oppose him in everything. The diocesan authorities of Camarines have given me a memorandum, to the effect that in that bishopric alone six stipends can be saved, and a like number of guardianías, as they are very near one another, and two can be administered as one. The religious do not deserve this, but, although there may be thirty Indians in one district, and another district lies but one-half or three-quarters of a legua away, they want another mission; and as I say, they are rarely willing to live alone. Their prelates foster such ideas by saying that the lax conduct of one is avoided by giving him an associate. Happy would I count myself, Sire, if I could see myself at your Majesty’s feet, informing you of part of what takes place here, since I could not do so entirely. [Decreed in the margin: “In regard to this section and the following ones, let the governor be answered not to consent to the erection of new missions that are not according to the royal patronage; and let him try, with the consent of the archbishop, to unite some with others. In those which shall be newly established, he shall also endeavor to introduce secular clergy, if he find them capable and sufficient. And whenever anyone shall again discuss the question whether it is advisable to deprive the religious of the missions and appoint seculars to them, reference shall be made to this section.”]

[In the margin: “That the orders can obtain religious from those in Mexico, or creoles, without going to so great expense as to convey them from España.”]

It also appears that these orders can obtain religious from Mexico, without causing so great expense to your Majesty’s treasury—creoles, or at least those who have gone thither from España, who are more habituated to a hot climate, and will not enter suddenly so great a change of climate as that of these islands; and even were there none of this change, it would be well for them. Your Majesty ought also, in justice, to favor the ecclesiastical estate, so that, if there are benefices and missions, these may be given to it. For almost all such are in the possession of the religious; and the seculars who are now studying in the colleges, from whose number some very good candidates graduate, have nothing to which to aspire. It is a shame that there is nothing in which to occupy them. They do not cause any expense to your Majesty in a journey hither, nor in their studies, and are more easily reduced to reason; while the friar is one with his community, and no one denies that the religious outside his convent would die as a fish out of water. I entreat your Majesty to be pleased to believe me that I do not inform you of all these things from hate, passion, or ill-will; but only from my desire that your Majesty’s service may be uppermost. Your Majesty will never have a true report concerning these islands, if your disinterested governors do not give it—for which reason, since this country is so far away, no relief can he furnished in matters that need it so greatly. For my part, I shall ever endeavor to comply with the obligations under which your Majesty has placed me, together with those which I have as a Christian, and those which I owe to my lineage. I shall do my uttermost, and that will be something; but if your Majesty will aid me by means of some ordinances and mandates, there will remain nothing for me to do. May our Lord preserve your Majesty’s Catholic person, as is necessary to Christendom. Manila, the last of June, 1636. Sire, your Majesty’s vassal kisses your feet,

[Endorsed: “Read and decreed within. December 12, 637.”]

Sire:

Will your Majesty command that the question be considered whether it will suit your Majesty to order the approval of what has been done, or to take such action as may be most expedient for your royal service—on account of the advantages arising from the separation of this Order of St. Dominic into two factions, and for that reason, their becoming subject to your Majesty’s orders. I shall obey you with my breast to the earth, as I ought to do, and as I have done for twenty-six years past. May our Lord preserve your Majesty’s Catholic person, as is necessary to Christendom. Manila, the last of June, 1636. Sire, your vassal kisses your Majesty’s feet.

Sebastian Hurtado de Corcuera

Sire:

Six months before my arrival here, the fathers of St. Francis had held a chapter. It was illegal, without question. Fray Francisco de Gabiria, an Observantine friar, came to them as visitor. He began his commission and visit by depriving all the definitors of the province of their offices, and appointed new definitors from the Observantine friars and others who took the habit in this country and belong to the Observantine faction. He continued [this course] by removing the guardians and appointing others who belonged to his following, until they had more than sufficient votes to hold a chapter. The commissary-visitor took the opportunity to do all this, because the legitimate definitors had deprived a friar, one Jose Fonte, of his guardianía. That religious was guardian of the convent of Manila, and a prime favorite of Don Juan Cereço, former governor ad interim. The legal definitors deprived him of the guardianía. Upon the coming of the father commissary, Fray Jose Fonte complained and requested his guardianía, although the matter had no appeal. The said Don Juan Cereço also lodged a complaint, because his favorite and adviser had been deprived of his guardianía. The commissary, who saw that the occasion was so opportune for his purposes, overrode the province and body of definitors, and on account of the above, deprived the high officials [of his order] of their offices. Sire, nothing is hidden from us in this land. In this case, one might tell your Majesty many things, but I shall relate only two. First, the father commissary offered to the father provincial and his definitors one of the greatest insults that have been known in your Majesty’s kingdoms. For Fray Jose Fonte, as is the general opinion of the community, is a rather free-and-easy religious; and the reason why the father provincial deprived him of his guardianía—although he had, as was true, the said Don Juan Cereço so strongly on his side—was doubtless because his mode of life and his government of the convent were such that he could under no consideration be endured. Your Majesty can have no doubt of this, for it is proved beyond question by the loud murmuring of the community at the lack of devotion displayed by that religious. Therefore, your Majesty will reflect whether the removal of a provincial and the whole body of definitors, in order to reinstate this man, is an affront worthy of consideration. Second, I assert that his chapter was illegal, and that beyond question; for the father commissary-general, Fray Francisco de Ocaña, sent a very necessary letter of obedience throughout the provinces of the Indias, which has, among its other sections, one of the following tenor:

“Item: We ordain that the fathers commissaries-general and the fathers commissaries-visitors shall render sentences in the causes and processes that shall be brought to trial [i.e., in the tribunals of the order], one week before the provincial chapters; and on the actual day of the chapter-meeting these shall be pronounced and made known, in the manner generally used by the order—so that the matter may be apparent to those members capable of voting who assemble from the said province; and so that the electors in the chapter may enjoy the liberty that is proper. Whatever shall be done in any other manner, now and henceforth, we annul and revoke it.”

The father commissary-visitor sentenced and deprived of their offices the father provincial and his definitors immediately, in the first month of his visit, and five months before the week assigned by the father commissary-general, Fray Francisco de Ocaña. Therefore, since the law is so clear, and in the Romance tongue, there is scant need of lawyers to judge that the manner in which Father Gabiria performed his commission is null and void. I was informed of these things, upon my arrival at the islands, by fathers of all the orders as well as by other persons of the city. I ordered the ex-provincial to come privately and talk with me. I asked him why these orders were issued and such things done, and promised to aid him in your Majesty’s name if he wished to demand his justice. He replied to me that he saw that all things were in a very lamentable condition, but that he did not dare plead anything; for very great scandals would arise, and the superiors of his order would take it ill, and severely punish those who had written and reported it Therefore, he had resolved to be patient and to await their reply. The chief end of all this [scheming] was the capitular election, and because the father-commissary was trying to obtain the government of the province; and although it was founded and continued by discalced friars, to make it Observantine. Your Majesty has ordered that no Observantine friars may come to this country, but that all who come be discalced. Beyond question, it is not at all fitting for Observantines to come; for so long as there shall be Observantine and discalced friars, there can be no peace; and most serious troubles will result, both to the order itself and to the natives under its charge. Will your Majesty be pleased to order the father commissary-general to check these proceedings, and to prevent these scandals which have occurred so often among his friars; and that he obey your Majesty’s decree not to send Observantine friars. For, notwithstanding your Majesty’s order, they come here clad in the habit of discalced friars; and on their arrival at the province, their sole aim is to turn it topsy-turvy.