[The present document is accompanied by the following documents:]
[The act enacted against the Society of Jesus by the archbishop
and orders on October 9, 1635, _q.v._ Vol. XXV, pp. 216-219 (and
the notarial attestations, _ante_, pp. 72, 73); the letter from the
governor to Pedro de Monroy, of October 8, 1635, _q.v.,_ Vol. XXV,
pp. 207-208; the reply of the provisor, _q.v., ut supra_, pp. 209-210;
the letter from the archbishop to the governor, October 9, 1635,
_q.v., ut supra_, p. 221; the governor's reply to the archbishop,
_q.v., ut supra_, pp. 221-223 (followed here by notarial attestation
of the present copy, made at Cavite, June 26, 1636).]
Don Felipe, by the grace of God, king of Castilla, Leon, Aragon, the
two Cicilias, Jerusalem, Portugal, Navarra, Granada, Toledo, Valencia,
Galicia, Mallorca, Sevilla, Cerdena, Cordoba, Corcega, Murcia, Jaen,
the Algarbes, Algeciras, Gibraltar, the Canarias Islands, the East
and West Indias, the islands and mainland of the Ocean Sea; archduke
of Austria: duke of Borgona, Bramonte, and Milan; count of Axpurg,
Flandes, Tirol, Barcelona, Vizcaya, and Molina, etc.: Inasmuch as
Don Pedro de Monrroy proceeded, when provisor of the archbishopric
of Manila, against Licentiate Don Francisco de Saavedra Valderrama,
auditor of my royal Audiencia and Chancilleria established in the city
of Manila, of my Filipinas Islands, on the ground that he had taken the
notary, De Vega [_i.e._, Diego?] Soto from the church, where he had
taken refuge because of the criminal suit that was being prosecuted
against him for the falsehoods and theft with which he is charged in
regard to the silver lacking in the wreck of the ship "Sant Nicolas
de Tolentino" (he being the notary of that ship), it was ordered
that he be restored to the church under penalty of certain fines and
censures. Notwithstanding that he appealed in due time and form, and
threatened the royal aid against fuerza, and Licentiate Marcos Zapata
de Galvez, my fiscal in the said Audiencia (who took part in the cause
because of what pertains to my royal jurisdiction), did the same,
the person aforesaid [_i.e._, Pedro de Monroy] continued to prosecute
the said suit, with greater penalties and censures. Therefore, the
said my fiscal presented himself in the said my Audiencia in the
said appeal from fuerza. Having examined the acts in the matter, it
was decreed by an act, on the seventh of the present month and year
of the date of this my letter, that the said provisor was declared
to have employed fuerza, and he was ordered to recall and repeal his
acts; and the aforesaid [provisor] must freely allow the said appeals
before the superior judge, who should annul all that had been done and
enacted in prejudice of those appeals. He was to raise and remove the
censures and interdicts which had been laid, and absolve those who had
been excommunicated. Although he ought, in accordance with law, to obey
and observe the tenor of the aforesaid decree, not only did he not do
so, but on the contrary, adding fuerza to fuerza, he excommunicated
Auditor Don Alvaro de Mesa y Lugo, auditor of the said my Audiencia,
with new fines and censures. Therefore, at the petition of the said
my fiscal, my first and second letters were issued and despatched by
the said my Audiencia as royal decrees, ordering that the tenor of the
said act should be observed and kept, under penalty of a fine of two
thousand Castilian ducados and deprivation of the temporalities, and
of being exiled from my kingdoms. Although he was notified, he always
remained rebellious and obstinate against fulfilling it. Therefore,
it was declared by a third letter and royal decree, which was issued
and despatched on the eighth of the said month and year, that he
had incurred the said fine of the two thousand Castilian ducados,
exile from my kingdoms, deprivation from all the temporalities that he
possesses and enjoys, and exclusion from them. As the said Don Pedro
de Monrroy has absented and hidden himself, its execution has not been
entirely carried out in regard to expelling him from the country. It
is advisable to make the necessary efforts, both that the aforesaid
decree may be made public in the said city, and that what has been
enacted may be executed. Therefore, the matter having been examined
by the president and auditors in the said my royal Audiencia, it was
resolved that I ought to order this my letter and royal decree to
be issued. By it I order and command that it be proclaimed publicly
in the city of Manila, in its public places, that all its citizens,
residents, and inhabitants shall consider the said Don Pedro de
Monrroy as exiled from my kingdoms; and, as such, that they treat
him both in regard to any offices or dignities in which he may be
serving, and in all other things regulated by law, as a rebel to my
royal mandates; and they shall not receive or conceal him in their
houses, or in any other place, nor shall they aid or protect him,
so that he may be hidden--under penalty of a fine of two thousand
Castilian ducados for my royal-exchequer, to which I shall consider
as immediately condemned whomsoever shall do the contrary. Further,
they shall be proceeded against by the whole rigor of the law, as
against receivers and concealers of persons exiled from my kingdoms,
and declared as such. I request and charge the superiors of the
orders of this city, and outside the city, and other ecclesiastical
person not to admit him into the city under any consideration, with
warning that I shall consider myself disserved if such be done, and
if more can be done in law, it is ordered to be provided as the most
advisable remedy, inasmuch as it is thus fitting for my service, and
my authority, protection, defense, and the conservation of my royal
jurisdiction. Given at Manila, September twenty-five, one thousand
six hundred and twenty-three.
Don Alonso Faxardo de Tenza
Doctor Don Alvaro de Mesa y Lugo
Licentiate Don Juan de Saavedra Valderrama
I, Pedro Munoz de Herrera, who exercise the office of notary of the
assembly of the royal Audiencia and Chancilleria of these Filipinas
Islands, caused this to be written by order of the king our sovereign,
by the resolution of the president and auditors of that body.
Don Juan Sarmiento
Chancellor of Don Juan Sarmiento [19]
This copy is collated with the original royal decree, which is in
the possession of Don Sebastian Hurtado de Corcuera, governor and
captain-general of these Philipinas Islands. By order of his Lordship,
I drew this copy at Manila, October seventeen, one thousand six hundred
and thirty-five. Witnesses, Simon Delgado and the accountant, Juan
Bautista de Zubiaga. In testimony of truth, I sealed and signed it.
Andres Martin de Arroyo,
notary of the royal crown.
We, the undersigned notaries of the king our sovereign, attest that
Andres Martin del Arroyo, by whom this copy appears to be sealed and
signed, is such royal notary as he has called himself therein. To
the writings and acts that have passed, and pass, before him, entire
credit has been and is given, in and out of court. So that this may
appear, we affix our signatures. Given at Manila, June eighteen,
one thousand six hundred and thirty-six.
Augustin de Valenzuela, notary-public.
Francisco de Rueda, royal notary.
Sebastian Damas, notary of the assembly.
[The act of the commissary of the Inquisition, dated November 26, 1635,
presented to the governor and concerning the libelous protest issued
by the archbishop and religious (_q.v._, Vol. XXV, pp. 243-244); and
the records of the trial and acquittal of Francisco de Rivera _q.v.,
ante_, pp. 73-86, taken in part from the present document) follow.]
_Act, and head of the process for Captain Juan Dominguez, the
pilot._ In the port of Cavite, December twenty-two, one thousand
six hundred and thirty-five, General Don Andres Pacheco de Tholedo,
lieutenant-governor and captain-general, castellan and chief justice
in this said fort for his Majesty, declared that inasmuch as it has
come to his notice that Captain Juan Dominguez, who is captain of
a company of marine infantry and pilot-in-chief of these islands,
has attempted to absent himself from them, and to go in a champan to
the kingdoms of Castilla by way of Yndia, without permission of the
governor, of all which the said judge has been advised by certain
papers without signature that were given to him, and by other
circumstantial evidence that he has had: In order that the said
crime may be punished, in accordance with the military ordinances,
he ordered that an official investigation be made by the department
of royal justice, according to military usage and procedure, and that
the witnesses be examined in accordance with the tenor of this act and
head of the process. Thus did he enact, and he affixed his signature.