Part 15

This country is at present in the most wretched condition imaginable. Moreover the governor has recently obtained his desires, namely, to be without an Audiencia, for Licentiate Legaspi is the only one in it. For, besides having driven me from it, it seems that he has also removed Don Antonio Rodriguez by treating him very ill and by grossly insulting him, because the latter petitioned that the acts by which the governor had arrested an auditor in the manner in which he had arrested me, be placed before the Audiencia. But the governor refused to give them; on the contrary, he has taken away every one of several petitions presented in the Audiencia, not wishing them to be seen publicly, for which arbitrary act redress was demanded. The governor recognizes neither justice nor king, but only his own absolute will and pleasure. For that reason, shortly after my imprisonment until now, Don Antonio has been and is quite unwell, and has less hope of going to the Audiencia for a long time. Don Antonio does not deserve that, for in many matters and on many occasions have I recognized in him very good desires and works for the service of your Majesty. Consequently, even if Licentiate Legaspi remains, that means to have no Audiencia, when one considers the close relations that exist between these two strong arguments, the disposition of the governor, and the way in which he treats the service of your Majesty. For the people generally say of him that it would be a miracle if another worse than he could be found. It is said of Licentiate Legaspi that he is the worst official that your Majesty has. The same has been said of Don Juan de Alvarado, ex-fiscal, and that is known throughout the country as a public matter. All three are so great friends that some call them "the union of the saints," so that, of a truth, as the people understand, not one tittle more than the governor wishes ever happens. Consequently, a number of litigants are holding back their suits until there shall be an Audiencia. There is much outcry at there being no one from whom to demand justice for the insults cast on them by the governor, for, finally, if there were men to defend the service of your Majesty, the governor would not do whatever he wished, although they would suffer and endure many insults for it. The fact is that if all men had a desire and resolution to suffer hardships and even to die for justice and the service of their king, the community would suffer less hurt today, for the governor would not be so daring. And he would not in that case have dared to arrest me, had not he had the consent of Licentiate Legaspi in his grasp; and whenever he needs it he is quite sure of it, in exchange for the advantages that, as everyone knows, the governor has given to him and his sons and retainers--from which I have tried many times to divert him, constraining him by the fidelity due to his king, so that he take strength and write your Majesty. Although I have brought him over on some occasions, my effect has lasted less time than it would last if I had the opportunity and occasion that such things have when one goes straight to God. On the contrary, I think he gets along better without me in the Audiencia, both he and Don Juan de Valderrama--to whom I said what I could say to a brother as soon as he arrived here, because I saw the state of affairs and thought to better them somewhat. But I have indeed done little.

My conscience has made me write at such length, and although there is much to make me continue, I think that I shall have performed my duty with the above, so that all may be considered, provided your Majesty be pleased to send us redress with the haste that so serious matters as these require, by sending us a leader who is a good Christian and one very zealous for God's service, and who will only strive to obtain that and to serve his king, and not the contrary. For with that the Audiencia will have its due place, and the auditors will attend strictly to their duties, and will conduct it for the peace and conservation of the country, and for your Majesty's service. It is also important that your Majesty send an inspector here, inasmuch as the country is so full of schemes, tricks, and contrivances to destroy it and finish its ruin; and since your Majesty, as so holy a king, cannot abandon it, after having planted therein the holy gospel, and consequently, having sent the so great fruit of so many souls to heaven. Besides this, if it has peace and is free from enemies, and religiously governed, it will give the greatest wealth and grandeur to your Majesty that can be imagined. It is advisable that such a one be a picked man, and that he be such a person as is necessary, as I have written your Majesty at other times: that he be entirely disinterested, and a good lawyer, with clean hands; that he have great authority in regard to war and peace, and over high officials in both, and power to suspend, in case he deem it advisable, the most serious penalties for your service for long periods, in order to investigate the truth, so that he may understand and learn the tricks, crimes, and criminals, and that he may know the persons in whom he can trust--not only as his agents, but also so that he can ascertain how your Majesty can best provide suitable measures [for reform]. For in no other way can the holy desires of your Majesty, which are those of God, who rewards the good and punishes the evil, be obtained. If he be not such, he will be confused during his inspection by schemes, impositions, and covetousness, but if he be such, he will be the consolation of this country, as I trust in God, and your Majesty will hold it securely in order and justice, in peace and true obedience, and with renown. Your Majesty will then know the evil and the good men, and the excesses of many, and mine. You will obtain great possessions for the royal exchequer and render great service for God our Lord. But otherwise, if he be not such a person, he will serve as a help to the ruin of the country, and as an encouragement to future officials, especially the governors, so that they may act worse. And since thin country has gone from bad to worse because of the officials that it has had, especially the governors, until its present condition has been reached, if your Majesty does not visit an exemplary punishment on those officials, in accordance with each one's guilt, it is quite clear that those who shall govern in the future will complete its ruin. For the security of that, I think it will aid much for your Majesty to send a stringent order to Mexico and to Sevilla, so that the property sent by the governor, and what he has sent by third persons under various heads, be investigated, which can be ascertained with reasonable efforts; and that it be secured by levying an attachment on it, or at least by placing it in a depositary; or as your Majesty may deem best to order it, for it is understood that such property is in very great quantity. Although I do not dare to affirm this, there are some who with the information and even more that they have of the coming and going of these things relating to the governor are persuaded that the sum [thus sent away] will amount to little less than one million [pesos], and at least to a great sum. I think that all that sum will be necessary, if his inspection or residencia be well made, and that much more will not suffice for the pecuniary part. To do it your Majesty will have sufficient grounds by reason of the advices, letters, and report that have already reached and will reach you concerning his affairs. Will your Majesty decree what is most to your royal service.

I began to take the residencia of Don Juan de Alvarado, as soon as I received your Majesty's decree, and I give account of it in a separate letter that I am sending to your Majesty with it.

Of that of Don Juan de Silva, which your Majesty also ordered me to take, I have informed your Majesty in other letters, that that order reached me jointly with that of the fiscal, and that for certain reasons of convenience I deemed it best to take that of the fiscal, and afterward to enter upon that of Don Juan de Silva. The country has been so scandalized by what occurred in that of the fiscal, Don Juan de Alvarado, because of the violent demonstrations made by the governor in favor of the fiscal, that many witnesses of those who swore, came to me to ask me not to take Don Juan de Silva's residencia, because there was not one man who would tell anything that he knew when summoned. Some of the witnesses they tried to kill at night, and others fled the city, having been threatened, it is said, by order of the governor, after the charges against the fiscal were published, until which time he and the governor thought that there could be no witness who would dare [say anything]. On that account the demonstrations that arose were greater, and I was requested, considering the condition of the affairs of the country and the many objects of the governor, to do the same in the residencia of Don Juan de Silva. [This was desired] on account not only of the many connections that it must necessarily have with many cases related to it, with which he has had connection during the time while he has been here; but of other private persons, his friends, who are involved in the residencia, especially one Josephe de Naveda Alvarado, a relative of the fiscal, who was secretary to Don Juan de Silva, and also served him in other offices of great danger. It is well known that this man, for Don Juan's sake, has committed the most dangerous and insolent acts that one can imagine, during that time and at present. He is also secretary to this governor, whose especial favor he enjoys. Whence I am persuaded beyond all doubt that nothing good will be done, for what the governor would not do through Josephe de Naveda and the others is much more than what he would do through the fiscal. It is not many months since, because of a royal decree that your Majesty sent to the Audiencia ordering the investigation of the property of Don Juan de Silva and its sequestration, I found, on attending to it, a process where it appeared that this Naveda owed Don Juan de Silva eight thousand pesos. On taking it to the Audiencia to have justice done there and to have it paid, notwithstanding your Majesty's decree, the governor seized the process and kept it, forbidding us, with frightful demonstrations [of anger], to discuss it longer. Consequently, I thought it best to postpone taking the residencia until I could see whether matters would mend, which God is wont to bring about by methods unthought of--notwithstanding that the governor, under pretext of service to your Majesty, told me often to take the residencia, for, in the presence of the greatest and most serious offenses, both he and his associates would come out as if they were angels. This was the motive of the pressure that he brought to bear; and, even though he should have more crimes than the sea has sands, yet because of him nothing would be said against the others. That would mean not to take the residencia, and for me not to obey your Majesty's will, with the loss of great sums, and much detriment, to the royal exchequer; for it is certain, Sire, that those who would come out as if angels--and some of them, especially Naveda, according to the report and outcry of the country--would not pay what they owe with many lives and with many hangings. For such are the devices that the governors have used here for the destruction both of the royal treasury of your Majesty and of this country. However, with the lapse of time and hoping for opportunity, I made investigations as secretly as possible with most of the notaries in this city, inasmuch as two or three others that remain are of the governor's household--to the end, as I have told your Majesty, that they may serve his purposes. They (and if there were others, it would all be miraculous) [38] and given with the greatest fear in the world; with which your Majesty will see that not even in secret and under oath do men dare to speak. Then continuing, the time came in which the governor arrested me, without considering what I had in charge at your Majesty's command. Consequently everything is at a standstill, until God shall remedy it. Hence, Sire, as I have said, the obligation of conscience makes me give account to your Majesty; and I think, for a conclusion of this matter, that I am not excused from some particulars.

The first is the news that has reached this city, by way of India, that the enemy is sending reenforcements of fifty-five warships. Because the governor's disposition during this time is so worthy of resentment, as above related, it is stated publicly that, on receiving this news, the archbishop told the governor to try to prepare some warships, to whom he responded that he would gladly sell the few that he had. Hence it is feared that the enemy will have been informed of that as soon as they reached this country; and that with this opportunity, they would write, and they thought it good to come if it is true.

Secondly, that the government of this country has more need of a man who is a servant of God, of mature age and prudence, rather than simply a soldier; if there should not be readily found, a man thoroughly qualified for the warfare of this country, the least influential citizens here understand it. There are some men of great courage, and thus when the Audiencia was governing, it has had excellent successes. Consequently, such a man would cost your Majesty two-thirds less than the governor costs you. It is certain, and I consider it assured, that all the mishaps that the affairs of this country have experienced--both in this land, and in the fleets and succors that your Majesty has tried to send to it from those regions--have happened because of the multitude of offenses to God that have been committed here in other times and are even now being committed; and that all are derived from the disorderly lives of the governors.

Thirdly, that great damages result because of the division of jurisdiction between the Audiencia and captain-general. For the Audiencia tries civil cases of the soldiers and the general the criminal; but with authority as captain-general, as he is governor and president, he extends that jurisdiction as far as he pleases. He interprets the decrees that your Majesty has issued for this purpose, [to apply] even to the citizens of Manila; and when the infantry leave this city and the citizens are stationed as guards, they are made to assume the condition of the other soldiers. The Audiencia is left without any jurisdiction, while the captain-general gets it all, notwithstanding the many offenses to God which are committed--for many wicked men are protected by the war at this time, and in a few days go out to commit greater crimes. Since the Audiencia tries civil causes of the soldiers with the plenary jurisdiction that it enjoys over the citizens (and the soldiers are citizens), on the other hand it appears most fitting that it try cases of the soldiers like those of the citizens; and that, as appeal is made from the ordinary judges, appeal be made to the Audiencia by the soldiers in cases civil and criminal--at least while the soldiers are not actually fighting, or in pursuit of the enemy. For, besides the service to God and to your Majesty that will result from such a course, the Audiencia, when there is one, will be respected; and the soldiers will not be so disregardful of what their captain-general says to them in times of peace, even though the latter be one who razes a convent to the ground.

Fourthly, that among the ordinances of this Audiencia is one (to which I referred above) ordering the president to try the criminal causes of the auditors With that the governor has endeavored to make a pretext for my imprisonment. As I do not see the original signed by your Majesty, I doubt the truth of that decree, as occasion for it was given by people who pay little heed to conscience. With that decree, if the governor wished to destroy [39] the country, and if the auditor did not agree with him, he could move a question in regard to its being cloudy and there being no sun. If an auditor should say that he thought the sun was shining, the governor would say that the auditor meant to call him a liar, as he said to me. By that means, and by similar methods used toward the others, he would, destroy them, and would keep them imprisoned three or four years, until relief came from your Majesty; and sometimes it would be impossible to send that relief for the damages that this country thus receives. Consequently, Sire, it is very necessary for your Majesty to revoke that decree, and to give the Audiencia the authority and the superiority that it has enjoyed in other times; for by doing otherwise the Audiencia can be very well dispensed with, as it amounts to no Audiencia. This is truer, since it is six thousand leguas' distance to your Majesty, and since it might happen that relief may not arrive in three years--especially since, in strictness of law, your Majesty does not give them the authority that they arrogate to themselves; and, to him who cherishes malice, a slight occasion is sufficient.

Fifthly, that although it is true that it was decided to be advisable for your Majesty to send aid to this country, as I understand that it has been petitioned in the manner and form of reenforcement, I greatly doubt whether it is more suitable for your Majesty to send ships by way of the cape of Buena Esperanza; for the artillery founded here is the best in the world, as are the ships built here, as I have been well informed. Besides, the artillery and ships of the quality and size necessary here cannot be sent from that country, for it has been found that war is made more securely here and the enemy frightened more by the very large galleons (much larger than those sent from there), which will withstand heavy artillery, such as those built by Don Juan de Silva. Further, the woods [used here] resist the balls better; and the ships are built with special strength and by the best master in the world, as I have been told. With money and care, the rapidity with which those ships can be built is remarkable. Consequently, I think that if what is spent on the fleet be sent in money, and soldiers, and sailors, by way of Nueva España in trading fleets, and by way of India in the ships that sail from Lisboa, it would be more expedient--notwithstanding that it is said that the infantry that come by way of Nueva España desert at their arrival there; for with good judgment and care that difficulty would be remedied. Will your Majesty decide what is most advisable.

Sixthly, that the fiscal of this Audiencia fills the office of protector of the Indian natives, and of the Chinese Sangleys who come from China to this country, for their advantage and trade, by virtue of a decree issued by your Majesty. Your Majesty assigns him no salary, for it seems to be your intention to have him attend to that duty with his salary as fiscal. The governors here, in order to control the fiscals, so that the latter may not oppose the things that the former wish when these are in violation of your Majesty's service, assign them an annual salary of eight hundred pesos at the cost of the Chinese Sangleys. For that purpose a communal fund has been established, and each Chinese is obliged to deposit, I believe, two reals apiece annually in that fund, and from that fund is assigned the salary of the fiscal as protector. As the Chinese are so numerous, the sum amounts to considerable, although it it not all paid to the fiscal. In the collection and method used, considerable annoyances are experienced. Besides, there is no authority to levy that money, for your Majesty has not assigned it, nor is the governor able to do it, although he give your Majesty a pretext for it. The worst thing is that that sum has never served, nor does it serve, other purpose than to flay the Sangleys, for besides that it seems incompatible for one to be a protector on the one hand, and one who seeks to act as prosecutor on the other, it seems that the true protector is the good judge, the Audiencia [or] the good governor. But as with the protector they never escape from spending their money, but rather, I think, spend more, and the most who have suits, waste their poor resources on the procurators and lawyers, it seems to be a matter worthy of reform, and that the Sangleys either should have no protector who is not a protection to them, but a trouble (or at least for most of them), or that your Majesty order that he perform the duties of the office with his salary as fiscal; for I certify that many offenses to God will cease. And since they claim that it is not an office of honor, there is a mystery therein, especially since I, having charged against Don Juan de Alvarado that he was taking that salary without orders from your Majesty, the succeeding fiscal knowing that, and Don Juan de Silva having revoked that communal tax, the preceding fiscal has agreed with the present governor that the communal tax on the Chinese be again established, and that the salary be assigned from it. That is a very flimsy pretext, so that the fiscals may not perform their duties faithfully against the governor. Will your Majesty order what shall be most suitable for this particular, and for whatever else is mentioned herein.

Lastly, I have made known by other letters to your Majesty that from my arrival in this country, although I keep about, I have ever been ill and a sufferer from sickness, besides which I have had several dangerous illnesses in bed, so that I cannot serve your Majesty here as I desire. I trust, God willing, that I shall have better and better occasions to serve your Majesty in another place, for which reason I petition your Majesty to be pleased not to consider my slight services, but only my good desires by promoting me to the occupation of greater favors and honors, and especially to satisfy me for the insults that the governor has cast on me in your Majesty's service, and for the many dangers through which I have passed in my endeavors to have your Majesty served and obeyed loyally and as is fitting.