Note 4 — Remonstrance of Augustinians against the alternativa

But this was not sufficient to make the religious who took the habit in the Indias cease from disturbing the peace of the province; for they appointed, in the year 35, another judge to execute the said brief. He undertook to establish his judicature by proceeding against us with harsh and violent acts, and caused us much anxiety; for he was aided by nearly all the lay persons of this colony who were born in these islands, who took up this cause as their own. They caused many disturbances, and used language so offensive that they obliged the honorable and well-intentioned people of this city to come to our defense. This was done by the bishop of the city of Santísimo Nombre de Jesus in Çubu, who was then governing this archbishopric; for as judge of the ordinary he demanded from the said judge-executor the documents by virtue of which the latter had erected a tribunal within his territory.4 Under the compulsion of censures and pecuniary fines, the said judge-executor gave up the documents; and his Lordship, having examined them, declared that they were not sufficient.5 This declaration was supported and favored by Don Juan Cereço de Salamanca, who was at that time governor of these islands; and he also interposed the superior authority of the office which he filled, to calm and quiet in their beginnings these commotions—which threatened, if they should increase, much greater troubles. They were quieted for the time; but in the following year, 36, those religious again nominated another judge6 to execute the said brief, who began to carry out this commission with even greater violence than the two former judges displayed. His conduct was such that we could not protect ourselves, although we protested that this cause devolved upon his Holiness; and we offer here the authentic testimony of our statement presented in course of appeal, the tenor of which is as follows: