Chapter VI: Part 6

Although we generally have six or seven months' sure notice from Xapon before the coming of the enemy, that they are going to come, the governor makes no preparation, small or large, nor does he build any vessels, but allows the time to pass as if he had no such warning. When the enemy arrive at the coast, the governor, without any intention of going to meet them--as is known publicly and generally, and is known by the results, as he has already spent the money--lays hands on the inhabitants and mainly by force gets a loan of one hundred thousand pesos from them, or what he thinks best, and has the ships in the port repaired. Those vessels often do not exceed three, and he spends on them a vast sum of ducados, even loading them with food and war-supplies of all that is needed. He troubles the soldiers in making them go and come to and from Cavite, and even making them embark. He says with show of great courage that he is going out, although he is told that such a thing is impossible with the ships that he has, for the enemy have many. Having spent all the money and exhausted the miserable inhabitants whom he has thus burdened, he calls a council at this juncture, and asks whether it is advisable to go out. Since the enemy are so superior they cannot tell him to go out, and in addition they see little gain in it; accordingly it is resolved that it is not advisable to go out. Your Majesty's royal treasury thus remains depleted, and the enemy are left to pillage the vessels that they seize from those who come to this city, especially those from China. It is even asserted, although I do not know whether it is true, that he makes underhanded efforts in the midst of all these braveries, by the hands of certain persons who are masters of his secrets, so that the city may come out and disapprove of, and protest against, his going [against the enemy], and may inform many of the council of the danger if they should say that he should go out. And it is said that thus, in the matters above related and in many things left unsaid, the governor wastes his time--which he ought to spend in pleasing God our Lord, and in imploring His mercy, so that He might aid us in the conservation of the country, in succeeding in serving our king, and in preparing matters for his royal service--in many feasts and games, parties, weddings, christenings, and entertainments with women, even while the enemy are along the coasts, and often even anchored inside the bay; for I believe, and it is understood, that the Japanese inform the enemy of the slight preparations of the country. As a result, the governor has acquired a wretched reputation and character, even among the Chinese Sangleys and the Japanese of the country (who are infidels), not only for sensuality and lasciviousness, but for other and worse doings. We have the country in the most wretched condition that can be imagined. Never has it been so wretched, as is affirmed openly by the oldest residents here, as well as by me. They bewail Don Juan de Silva, for, although they say that he was covetous and revengeful, yet he was moderate in these faults; besides, he was prudent, and watchful of your Majesty's service, and of the preservation [of the country] and credit in war, and of the honor of your Spanish nation. Many of them fear, and I with them, some great chastisement from heaven, because of the publicity and multitude of the sins of us who live here.

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:

"_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.

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.