Part 13

In the particulars of the above matters [your Majesty's revenues] have been and are being wasted during the time of this government, and I fear greatly that it will continue in the same way until the end of it; and I do not know that it can become worse. For I assure your Majesty that I am talking with some caution, although I could enlarge on this subject--because when I talk with my king, I am talking with God, for the satisfaction and security of my conscience; and because from my entrance into this Audiencia, I thought that I would not be fulfilling my obligations unless I endeavored to do my duty in what concerns me, and in the rest what I could, so that the service of God our Lord and that of your Majesty might be furthered. I thought that if evil beginnings be looked on with fear they could not increase. I always endeavored to furnish a good example in the matter of any actions and life, and at the same time to persuade and advise the governor of what I deemed worthy of reform, so that reason and not inclination might rule. I avoided conforming to his will in all things that came to my hands by reason of my office which were not to the service of your Majesty. By deed, example, and advice, or at least by efficient warnings, I exerted myself, so that only your Majesty's service should be striven for, and I am persevering in this course. I desire and am endeavoring to be on my guard respecting matters which concern his inclination and not his reason. For in fact, although the governor has done what he wished in many things, because he does not know how to conduct negotiations otherwise, at least he did not so act with me; and because of me and the openness of my nature, he ceased to attempt and to do other things--I persevering in my purpose, and he in his; and, although disabusing his mind of the idea that I would surrender myself to an evil thing, humoring him and giving him pleasure in all that I could freely. Inasmuch as that was so little and the matter of justice so great, because your Majesty's royal treasury and other most important things enter into it, he readily abandoned the path of perverting me. He said, with promises, that he would esteem my compliance more highly than that of all others, or than a great sum of money, besides other exaggerations (from which I think that he did not ill judge me), and changed the course that he had pursued by means of insults and injuries. [As an instance of the latter], after talking to me with his usual harshness while in his house--that which your Majesty assigns and gives to the president [of the Audiencia] by an order that you have given to the effect that there be houses for the president and auditors--one of the houses of one of the auditors having become vacant because Licentiate Alcaraz left it, the governor (although it pertained to me by my seniority, because Licentiate Legaspi already had a house) took it from me, moved into it, and left his own under pretext that he wished to demolish it, because it was falling down. He has lived in both houses (for one is near the other) for two years, although there have been most furious winds and storms, which makes his object evident. Besides, since your Majesty assigns a house to the president and auditors, if mine should collapse, I would rent a house which he could not seize afterward; and since by the mercy of God, I trust in His Divine Majesty, that all the world could not divorce me from the service of my king, I endured and concealed the annoyance of his having deprived me of my house. I think that the scope of his pretensions must have increased, and that, when I censured him more, he tried to drive me from the Audiencia by different methods that he attempted. One was to send me to inspect the country (where one goes mostly by sea, because of the multitude of the islands, the great distance, and the fact that the roads pass through the territory of the insurgent Indians) while the enemy was along the coast; yet an order was given to all the Spaniards who were living on their encomiendas, and others who are the chiefs--against whom, and not the poor common Indians, the inspection is aimed--to come to reside in this city because of the presence of the enemy. Besides, that inspection did not pertain to me, since I was neither the oldest nor the most recent auditor. Notwithstanding that the Audiencia resisted, saying that it was not advisable to make that visit then, he tried to have it done by his appointment alone, and without the concurrence of the Audiencia, having attempted to do that last year as well as at the present time. In order to constrain and annoy me more, he ordered me to go out in Holy Week, notwithstanding that I replied to him that I would go (although it did not pertain to me) if the Audiencia concurred in it, but that without that concurrence I could not go. In consequence, it appears that the governor desisted for the time, but did not abandon his project; on the contrary, he was more set on it. When the Christmas season came, the time for the distribution of offices, in accordance with your Majesty's ordinances, that of probate judge fell to me in my turn. But this so annoyed him that he tried to avoid giving it, withholding the commission signed by the entire Audiencia, for more than two months, I believe, with a certain scandal to the city; for litigants did not know to what judge they could have recourse, as my predecessor's time had expired. After he had delivered me the commission, when I commenced to exercise the office--with no greater pleasure than that of serving your Majesty, although others solicit those offices--the death of Licentiate Andres de Alcaraz happened, without his leaving a will. As judge, I set about collecting his property with much diligence, involving considerable hardship. That caused me certain fevers, for as he died in the country outside this city in a garden his property was in great peril. Of this I gave your Majesty an account after the property was collected and placed in order, with the precautions that I had taken--by which, notwithstanding the suits that had succeeded, I would continue to retain and reserve the property in case that your Majesty were pleased to send [some one to take] the said auditor's inspection or residencia. In conformity with that I had sent documents both to the probate court of Mexico and to the House of Trade at Sevilla, so that the property that the said auditor possessed there might be collected, and that your Majesty might be advised. Finally, I continuing in my office and the governor in his purpose--which was stimulated by his inability to reduce me to what I can morally believe, besides the public rumor and report--and he being most desirous of taking from me my office of probate judge, especially after the property had been entered in the accounts of the probate court; and I had begun the administration of the property of Licentiate Andres de Alcaraz: for certain purposes, which I do not dare to state, although they are reported, for I do not dare believe them, still by this and by many other reasons, and more because he had seized certain of the letters that I have written to inform your Majesty (for which, as persons in his confidence assure me, with whom he has communicated the matter, he has felt, and still feels, special anger and fury against me), he resolved to remove me, even though it should be by arbitrary act, from the Audiencia. Of that I am morally persuaded, and it is well known. Seeking occasion for this, but not finding it, and wearied perhaps in waiting for it, it happened one session that, while Licentiate Legaspi and Don Juan de Valderrama, auditor and fiscal, were at the door of the hall of his house, a message came in which Don Antonio Rodriguez de Villegas excused himself on the grounds of ill health. As the governor never attends the sessions of the Audiencia except for his private ends, under pretext of your Majesty's service, he was very angry that Don Antonio should excuse himself that day; for he was trying to secure the passage of a resolution [by the Audiencia] that I should go out to make the inspection--always persisting, as I have said, in his purpose; and also because it was understood that he had on his part managed to get the consent of Licentiate Legaspi to it. On hearing the message, he said very angrily that Don Antonio Rodriguez and I were always excusing ourselves from your Majesty's service by feigning to be sick. [That he said] in the presence of many people who were there, besides other quite unreasonable language. For that reason I was forced to ask him why, if your Majesty gave credit to an auditor when he excused himself, did not he have to do the same, all this with the intention to calm and satisfy him. He abandoned himself to a flow of words, somewhat disconnected, to which I replied, saying that your Majesty did not order a president to treat the auditors so; and that I served your Majesty punctually, and did not excuse myself when I was well. If I remember correctly, I think that I made witnesses of all; for he also came to me after all that, and told me that I lied, and I think that he said "villain." However, I do not believe that any besides Licentiate Legaspi and the fiscal heard that, And inasmuch as he told me to keep still and not reply, threatening me with execrations and oaths, I said to him with the greatest calmness, as is my custom: "If your Lordship tells us what is not so, are we not to remonstrate and answer you?" Thereupon he went to the meeting, where he told me that I was the worst Christian in the world, and that I took communion like Judas, besides other insults of like import, before Licentiate Legaspi and the fiscal. I was silent under everything, for I only told him that in the matter of sins I could confess many omissions; but I warned him that witnesses heard that, just as they had also heard at his house the other things that he said. Although he went ahead he may perhaps have thought that I persisted in silence, and did not answer him, in order that he might be led on to commit some imprudent act; thereupon he must have thought that there was now much to fear, and that he was not to find a justifiable opportunity, [for] he caught at that word, and said that I had intended to give him the lie, as if transgressions in thought were to be fought over--the more so, Sire, as I did not speak another word to him; for if I had spoken another word, I am not the man who would deny that to your Majesty or any one else. On account of that, the governor determined to make me the object of a lawsuit, and received his witnesses. To them he did not fail to tell what had happened, but not the words that I had spoken. When some wished to tell more, it is said that he insulted and threatened them. However, he did not do that with Licentiate Legaspi and Don Juan de Valderrama, the auditor and fiscal, whom he also received as witnesses, and whom I warned beforehand to give witness of everything that had passed; still, they said no more than what the governor wished, by which I am insulted, ashamed, and surprised beyond manner. Notwithstanding their great friendship with him, and that they know how to gratify him and be gratified by him (of which would to God there were not so much to murmur at in the community, because of the great aid they render him in ruining it), still I am consoled, and I praise God for everything. With this and, as has been declared publicly, with the advice of an advocate, to whom he gave an appointment so that he might be made judge of vagabonds--and who was, as is said, urged and even persuaded for it, that such action was not to arrest me, but only to intimidate me--the governor issued a warrant for arrest, and seized me. This was done while all the Audiencia was in a body, near the chapel where mass was being said, and about to go on general prison inspection, on Palm Saturday--although he had no sufficient reasons, as I told him so that he should not do it, as well as to the rest of the Audiencia so that they might discuss it. He sent me to the cabildo quarters, which are in the public prison, where he set over me seven soldiers of the guard and a corporal, with orders not to let me talk with any layman, especially any scrivener, and not to let me have paper and ink to write. Besides that guard, he set other soldiers in the street, so that I might not escape through the windows, as I believe. I am also told that the corporal had orders to kill me if I tried to escape, although I do not know what truth there is in that statement. But none of the orders given were more than oral, for the governor did not want them set on the records. Imprisoned in the above manner--on Palm Saturday, when [even] highwaymen are set free--he kept me prisoner during all of Holy Week and Easter, and two whole months--with the greatest scandal that, as I have heard, this community has ever had--until many religious, servants of God, and the archbishop, went to him to persuade him, and to undeceive him as to the gravity of the act that he had committed. But they obtained no beneficial result from it; on the contrary, considering as well founded the fears that they inspired in him, and thinking to justify his crime, he began to take a residencia of all my life. That lasted almost two months, and he summoned witnesses, and many of them, who told all that they knew about me. In order to persuade them to go into details, perhaps, as to what he desired, he proclaimed that I was not to be set free or to be an auditor any longer in the country; but that, on the contrary, he was going to place me aboard ship. By those efforts, and others--not only by demands on the one hand, but by fears that he inculcated through third parties, as has been told me, on the other--he obtained a great number of witnesses. However, he discharged many of these, in anger at them because they told him, with forcible arguments, that they were Christians, and that he should not involve them in matters with which they were unacquainted. Others of them, who tried to say, as was thought, many things that appeared to be in my favor, were not allowed to say these. All that took place under the efficient management of Pedro Muñoz, court scrivener of the Audiencia, with whom the governor was hand in glove, as I have said. For, in order to do it, I am told that he suppressed the heading of the process which he had before made on account of only that word, and substituted another in its place which comprehended in it scope all the discourses in the life of a man--so that it might not be understood, as I believe, that he had made so great a mistake at the beginning, and for other objects that the governor will know. Notwithstanding that, and his cruelty, violence, and force, and the fears of the witnesses, I trust in our Lord that He will not have permitted them to give false testimonies against me, although the outrageous manner in which the governor proceeds, and the so mortal fear that all have of him, makes that much to be dreaded. Finally, at the end of the two months of so serious and scandalous an imprisonment, our Lord was pleased to perform a miracle for me, through the intercession of the Virgin, our Lady, to whom I attribute it (and that miracle is not the first that she has performed for men as unworthy as I). It occurred thus: One day I dressed myself in my usual manner for going to the Audiencia; and at ten I went out among all the soldiers who were posted there, and went down the steps at my usual gait. In the same way, while in the prison, many people were round about, and in the public place where one goes out of the prison were many more; but I passed through the midst of them all to the college of Sancto Thomas. Next day I went thence to [the convent of] St. Dominic, which is on the other side of the wall, where I remain a refugee. [30] The convent is quite far from the prison, and no man spoke to me at all; on the contrary, those in the square accompanied me. Afterward the soldiers and guard (whom God was pleased to stop, I know not how) must have returned to their senses; and they came after me, when I was already near the church. Ascertaining what had happened, some went to the church, and the governor arrested others. He, as I have been told, ordered all the camp of soldiers called to arms, as if it were for the Dutch, with the intention, it is said, of taking me out by force, even if he should destroy the college. However, he restrained himself to sending two companies. It is even said, further, that all that day and night they surrounded the college, under orders not to allow entrance or exit to friar or anyone else, or the entrance of food, until the archbishop, at the instance of the friars, persuaded the governor to withdraw the soldiers. I consider as a miracle also what happened with him. Since I have been in [the convent of] St. Dominic, I have heard from several persons that the governor was quietly trying to have me killed by a certain agreement, which would have been very easy for him had not God prevented it. However, although that is not very well known, nor do I believe it all, yet it could be feared from him, and from his great desire to be free from my witnessing his acts on occasions of defending the justice and service of my king, since he could not reduce me to take a path contrary thereto. For that reason, I have tried with peculiar care to have God's zealous servants commend him to God, and petition Him for the governor's reformation and prudent action, so that he may not fall into the deeper abyss of miseries. Then the governor ordered my property to be sequestered, and they went to my house and took an inventory of all my books and the other treasures that I possessed, even to the very clothes of my wife, and my salaries--just as if I were a private citizen and not next [in authority] to your Majesty and the royal council, as I am; as if I had committed some crime, and he had authority to proceed against and punish me, he saying that he is the aggrieved and proper party; and as if, besides, he could be judge with so great violence. He had me summoned by edicts and proclaimed through the public streets, an action that has scandalized this community. But, notwithstanding his hostile demonstrations, he cannot satisfy himself, for all of which I have tried to give many thanks to God, considering that I am suffering thus for [the sake of] justice, and for defending the service of God and of my king. In regard to that it must be considered that, although all those lawless acts, insults, and violences to the private person of Don Alvaro de Messa I consider as referred to God, nevertheless it is a serious and intolerable matter to persecute a minister for being loyal to his king. For the sake of the respect and royal authority of your Majesty which is so offended by those qualities in your minister, on account of the public scandal, and for the conservation of justice and the security of the country, and in order to avoid disservice to God and your Majesty--all which is attained by the punishment of the guilty, by which the good would be encouraged and those who are not good would fear--an exemplary punishment seems very necessary for the governor, and for me a reward and honor for the affronts and hardships that I have suffered, especially in this country, where, because of the absolute procedure of the governor, no attention is paid to your Majesty's royal orders, and one trembles to displease the governor, without more reason than that the latter desires such and such a thing. And because for many years this has continued to increase, very justly may one fear that, if it be not punished, it may reach such a point that the remedy will be difficult and ever miraculous. To moderate the enormity of the circumstances of my imprisonment and the grave scandal existing hitherto throughout the community (and I think that it will exist until satisfaction can be made for it), his guardian angels--one of whom is Don Juan de Alvarado, who has been fiscal and whom your Majesty ordered to be banished hence; and who was irritated because I had not cloaked his residencia, about which I am writing your Majesty in a separate letter--and others who are of the same sort, advised the governor to make use of an ordinance which is one of those of this Audiencia, never used and not even remembered for a long time, and which is as follows: