Part 14

"_Item_: I order that my president of the said Audiencia try the criminal causes of its auditors, together with the alcaldes-in-ordinary, notwithstanding the ordinance that rules the contrary." [31] He availed himself of this to summon the alcaldes-in-ordinary and to cause them to sign all that he decreed, for they were present at nothing else than the signing of what he was violating--both with witnesses and without them, when they were not persons who were mere creatures of his; for, when persons are elected into the cabildo, nothing but what the governor wishes is voted. Further than this, if they were persons of greater obligations, and more exemplary in life and conscience, I think that they would do the same, although it might even be in a matter of greater weight; for, as I have told your Majesty, the more than violence and force that the governor holds over their minds and wills is incredible, although evident. Not all dare to resist at the peril of their security and life, and of being imprisoned, as I was, for the service of your Majesty. They, hastily judging, differentiate between the future hurt, which may not come to them, and the punishment which they regard as a present hurt, namely, to suffer for God and their king. Besides, as they also are in the deal, they have their advantages, by which they are all blinded. For to whoever can see, and to him who desires the light of heaven that he may succeed, not only is the ordinance not obscure, as they say, but quite clear, since it does not give authority or contain words for arrest or process; nor does it in any way alter the law. Therefore, those nearest [to your Majesty], as are the auditors, cannot be imprisoned or proceeded against except by your Majesty or the royal Council, or by your order. Nevertheless, the president, in virtue of his superintendency over the Audiencia, may ordain to the auditors what may be just and reasonable in matters that pertain to the government and its conservation; and even, in the heated arguments that are wont to arise between the auditors, has authority, in case the nature of the affair might require it, to retire each auditor to his own house, until they make up the quarrel; and, should he deem it advisable, he may inform your Majesty. For the ordinance does not say that the president and alcaldes shall proceed, arrest, sentence, and execute justice in criminal causes affecting the auditors. All that, in my opinion, was meant to amend the express privilege of law as contained substantially in the _corpus juris_ [_civilis_]; [32] and even then serious causes would have to be understood by criminal causes; _ultra multa cum tiberº farsnaci e regni col. 9, ttº 4, pº. 3._ [33] But it says only that the governor shall try criminal causes, which means that, in crimes that are not such by reason of the office, but personal and serious crimes of the auditors, he shall investigate, together with the alcaldes, and advise your Majesty; and the word "try," instead of meaning to arrest and execute justice and other equivalent things, only denotes simple jurisdiction which belongs to civil cases, and not authority, either pure or mixed. [34] Otherwise your Majesty could avoid the visits and residencia which you send to the Audiencia. Accordingly, to try criminal cases means that they be treated civilly without allowing them to be [cases for either] pure or mixed authority, by arresting or proceeding; but only to investigate and advise your Majesty, except in capital causes that have the capital penalty. In such cases it would be advisable for the Audiencia, and even for the president alone, to secure the criminals, if they should be auditors and nearest [to the king], but not by virtue of the ordinance, but by virtue of the ordinary authority of law, and the privileges of public protection--citing [the paragraph] _ne delicta_, etc., in case that it was unable, because of the crime and the person, to be secure in any other way than by imprisonment which befits the crime, and in accordance with the teaching of the law _divi fratres f fin ff de poen._ [35] Therefore the Audiencia ought to arrest the governor for four murders that he has lately committed (and which will be told later), solely to assure and advise your Majesty, with judicial consideration, so that you might decree your pleasure in respect to his person. But [they ought] to punish his accomplices, who were numerous, and who are not near [to the king], but most of them men who, without that crime, deserve to be severely punished for others; but they are all passed by, in virtue of peace and harmony, by Licentiate Hieronimo de Legaspi and Don Juan de Valderrama, the auditor and fiscal, who are on good terms with the governor. [Indeed, these men] now constitute the Audiencia, because Don Antonio Rodriguez has retired to his house, and is sick because of the insults cast upon him by the governor at a meeting (which I shall relate later); while I was arrested when it happened, and am now in refuge in the sanctuary. In order that all that may be done well, the governor arrests me and insults me--although, I am, by the mercy of God, guiltless of any crime, capital, moderate, or the least, and even without the slightest dispute in the Audiencia; but only because my character and the obligations of my conscience do not allow me to lack one jot in my service to my king--under pretext that by not consenting to the things that the governor imputed to me, I told him that what he was saying to me was not so. Had I shown any want of prudence in my defense--which I could have done, and which I think another would have done, who would not have endured it as did I--I would have been excused, and he would have been guilty in making himself the judge of his own cause--the more, as there was no fault or injury; or, even if there were any, it was not to the tribunal or to his dignity. I do not know, Sire, [of a case] even with full authority from your Majesty in regard to visit and residencia, when one has ever seen an auditor arrested and proclaimed, even though he had committed many serious crimes; and when, as has been told me, they shuddered with horror at the men who did it. However, I would better leave this matter now, and put a stop to this particular, rather reproaching myself at having digressed to discuss these private details (although with so great limitation), since I am talking with so exalted a tribunal, and to so many grandees and to so gifted men. For that reason, I do not dare allege rights or continue, but only to petition your Majesty to be pleased to have your royal provision issued with the gravest penalties (nevertheless, I fear that those penalties will not be sufficient, from what I know and what the community knows of the governor), so that the governor may release me; and ordering him not to molest me with any processes or causes whatsoever, so that I may attend to the affairs of my office as auditor, freely, as well as to those which your Majesty has assigned to me. [I also ask] that the royal officials pay me all my salaries, [36] for the time while the governor has prevented and kept me by force from exercising my office; that the governor restore to me my property that he has sequestered; that, if it be sold, I be paid for it; that the governor leave my house that he has occupied for two years, pay me the rent for it, and go to his own house, since your Majesty has assigned it to me and the other to him; and that, if the governor should have drawn up any acts, they be sent to the Council immediately. For I have not been able to get them from him, nor is there any one who can get any testimonial from him of anything. On the contrary the governor has, since I have been in [the convent of] St. Dominic, seized certain petitions presented in the Audiencia before Licentiate Legaspi, who is there alone, a thing which before could not have been possible; and has refused to return them under any circumstances, in accordance with his usual custom in such things. I trust, God helping, that if the governor sends the testimonies by themselves alone; without considering his own inability to do it, his violence, and the judicial substance, your Majesty, if so pleased, will find in them a disposition to punish him severely, and to condemn him and the alcaldes; and to order me to be paid many damages and costs which have been imposed on me, rewarding me and granting me great favors and honor. For without any other investigation or information from me, or from others, I think that you will see very clearly the reasons and objects that, as I have said, have moved the governor to commit so atrocious an act as he did in my imprisonment. However, it is also well known that the following reasons have influenced him.

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

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

Having arrested me with the haste above mentioned, it happened that the governor--having planned, so says common rumor, the death of his wife--circulated the report one afternoon that he was going out of town to a place called Cavite. Departing that afternoon, he returned at night. Having notified the guards and soldiers to that effect, he climbed over the wall by means of a ladder, and went to the house of one of the companions who went with him (for many of his adherents went with him, and some who were hired). Going with them from this house, he stationed men at the place where he had planned that his wife would come with a young boy whom she sheltered at her house, and in whom she had confidence. This boy persuaded her to go out dressed as a gallant (a very wrong act, although she had been persuaded by the certainty that her husband had gone to Cavite), to the house of a man named Juan de Messa, who had been brought as chief clerk by the factor, Dionisio de Castro Licon, and whom the governor suspected of adultery with his wife. Arrived at the place above mentioned, the governor saw her coming with two men, one of whom is said to have been Juan de Messa, and the other his friend. Advised by the young lad that it was she, for he accompanied her in the street for some time, where he left her with her companion and went to give account of it to the governor, the latter went behind her with the retinue above mentioned. Arrived at Juan de Messa's door, which is quite distant from that of the governor, he let them enter, but went in behind them before they shut the door. Mounting the stairs with some of his men behind Juan de Messa and his wife, who had ascended, and leaving the others below with the other friend who had come as companion to Juan de Messa, the death of his wife followed, as did that of Juan de Messa and of the latter's escort, a pilot who had come from Castilla last year. They were killed up stairs and down, as I have said, and because the governor had taken possession of the streets, and stationed soldiers there with orders to allow no one to pass. The soldiers killed a young lad who tried to pass, or wounded him so severely that it is said that he died. Notwithstanding the unseemly hour, the people came running out at the outcry and clamor especially those from the nearest houses. They saw and noted everything with fairness, and consequently it has been published that the chief murderers were those whom the governor took with him, both those of his wife and of the others. That has seemed in this community to be a very lamentable occurrence. Then the governor went to his house after the event and the matter was immediately known throughout the city. Thereupon Licentiate Legaspi and Don Antonio Rodriguez proceeded to make investigations. What they began to do was, it is said, to furnish proofs of adultery. They have managed to do this by great efforts, and that with the criminals free, and with the power of the governor. And I am told that the governor ordained what had to be done, namely, to make no investigations against the dead woman. What is understood is, that many fine things have been done in the records, for they say that they have expunged, erased, and copied things according to their pleasure, the notary in the cause being the governor's most devoted follower, Pedro Muñoz, secretary of the Audiencia court, as above stated. In everything has always been done what the governor has ordered and commanded--especially by Licentiate Legaspi, for Don Antonio withdrew then and refused to do anything further, at seeing how the governor flinched from everything. All the criminals go about and take their pleasure, thus occasioning much reproach. Will your Majesty consider what you shall be pleased to order done in this matter; for there is much talk of the hatred and great and long-standing enmity of the governor to his wife, and of the evil life that he led her. It is said that he had already given her poison three or four times, from which she escaped by antidotes that she took; and that one of her women, to whom she gave the remainder of a little chocolate [37] in which the poisons were administered to her, died within two days or so, because she did not take the antidote, while his wife escaped because she had done so.

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

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

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