_Certain religious of the Order of St. Dominic declare that his
Majesty's decrees are not observed, and relate the evil behavior
of the fiscal of that Audiencia. They send a memorandum of their
arguments for the suppression of the Audiencia in those islands._
Sire:
The Order of St. Dominic has been in these districts and islands
upwards of twenty-four years, and one of those who write this letter
is one of the first who came to these districts to establish the
order. Here, by the grace of God, great service has been rendered
to God and to your Majesty in the conversion of the provinces which
have been entrusted to us--namely, the province of Pangasinan, and
that of Cagayan, and this. The conversion has ceased to progress for
want of ministers, and now is not being continued for the natives. In
all the above period of time, we have seen many things, and write
as eyewitnesses. Our first statement is that if this country were
governed according to the orders and decrees despatched by your
Majesty for that purpose, it would be the most prosperous of all
your Majesty's kingdoms, for your Majesty's orders in regard to
this country seem truly to have had at the time of their ordering
the special help of the Holy Spirit. But the deplorable thing is
that your Majesty's orders and decrees are not observed; and worse,
some say that your decrees do not bind the conscience. This is very
grievous, and brings in its train great difficulties. The pity is,
that those who should be the agents and defenders of your decrees
are the first to violate them. All that is done is contrary to your
Majesty's orders and commands. As this state of affairs should be
punished severely for the correction of other offenders, and there is
no one to attend to that punishment, the Lord, who is supreme judge,
advocates the cause thus, and punishes them, avenging by His hand
the little respect given to your Majesty's just orders. This is seen
in the great number of shipwrecks, one after another. Although there
are no prophets in this land, yet all prognosticate beforehand what
will surely happen, since the vessels sail with so heavy a cargo of
injustices; and accordingly they say that the voyages will not end
well, as we see by the outcome. But the pity is that, as the punishment
is public, and in the ships, it is necessary that the just should pay
for the sinners. Of the truth of all the above, your Majesty would
rest assured if you were to visit this country. This is daily going
from bad to worse, because until now, if those debarred therefrom
were trading and engaging in commerce, they did so with some show
of shame, and under some cover; but last year your Majesty's fiscal
came here, and all shame has been lost. For he has publicly traded and
engaged in commerce, and has gone to Cavite to lade his exports. This
has scandalized the entire community. Although the fiscal has been
advised and corrected in a fraternal spirit, he has not turned over
a new leaf. One of our number having told him that he had committed
a heavy sin against the oath that he had given to your Majesty,
he says that he knows his own business, and what he can do. And,
as your Majesty is far away, they have no fear.
A memorandum concerning your Majesty's Audiencia in this country,
accompanies this letter. Therein are set forth the reasons why it
is advisable for your Majesty to order it to be suppressed, and they
explain how it would be to the service of God and of your Majesty, and
to the advantage of your royal treasury were there no Audiencia. For
the Audiencia serves but to take the profits of the country,
in violation of your Majesty's orders in your royal decrees. For if
there is any matter of gain it is given to the relatives or followers
of the auditors, and in matters touching trade and commerce, these
are they who export most of the cargo. This is manifestly unjust,
as it would be in Castilla, if any corregidor should unlawfully
reap the benefits of the whole returns of vineyards which were not
his. In this country there are no other vineyards or fields than the
cargo which your Majesty has conceded to the inhabitants. As for the
advantage that could accrue from this Audiencia to this country, that
was, to act as a check on the governor. This consideration has now no
longer any force, on account of the decrees brought by the governor,
in which the auditors are ordered not to oppose him, but only to give
information to your Majesty. This can be done by many in this community
who are free from covetousness (as are the archbishop and the religious
orders), if they were permitted to attend to this and to oppose the
acts of the governor. The auditors are pledged to the said governor,
because he has given the posts and advantageous positions to the
relatives of the auditors; therefore the latter do not dare to talk,
as experience has shown us in the past. If your Majesty reestablished
the Audiencia--and we, your Majesty's vassals, requested it--it was
with hopes of the aforesaid. And since that result is lacking, it is
very much to the service of God and of your Majesty, and advantageous
to your royal treasury, that there be no Audiencia. For any lawyer
can conclude the cases here, as Licentiate Rojas and Doctor Morga did
when there was no Audiencia here. We trust, through our Lord's mercy,
that your Majesty will consider this so just proposal, and give it
inspiration, so that it will be settled in a manner suitable to the
service of God and that of your Majesty, and the welfare of all these
your vassals who live so far from your Majesty, and who are most loyal,
as you have been made to see in the past.
Archbishop Don Diego Vazquez de Mercado reached this city this month
of June, and was received with universal rejoicing and happiness;
for he is well-known, and the people know his earnest zeal, and that
it is expended for the service of your Majesty and that of God, and
the increase of our holy faith. We trust that life will be given him
to reestablish all this country that has remained without a shepherd
for so long. The pity is, that he has not the means with which to
assist the poor, as their father which he is, and all are grieving
over this. Will your Majesty encourage him to continue with holy zeal
in the future and not to become faint-hearted on account of poverty;
and surely it is poverty to be an archbishop in this land.
The royal officials, whose duty it is, by right, to inform your
Majesty of everything here, will inform you and attend to that. They
are honorable men and fulfil their obligations, as we see. Especially
does the factor Juan Saenz de Hegoen attend in a very Christian and
faithful manner, and very assiduously and carefully, to what is in his
charge. He shows his zeal for the service of your Majesty and for the
increase of your royal treasury. He is deserving of favor from your
Majesty. Inasmuch as others will inform you of this, we shall not
enlarge more on it, but beg from the Lord the life that we all wish
for your Majesty, even if it be taken from ours, for the welfare of
His church, the glory of the Lord, and the increase of the estates
of your Majesty. Manila, June the last, 1610.
_Fray Baltasar Fort_, [18] prior provincial.
_Fray Francisco Miñayo_, [19] prior of St. Dominic, Manila.
_Fray Bernardo De Santo Catalina_,
commissary of the Holy Office.
_Memorandum, in order that his Majesty may see why it is not advisable
to have an Audiencia in the city of Manila._
Many great disadvantages result from having an Audiencia in the
Philipinas Islands. Only those that appear to be the worst are
mentioned.
1st. As to the first, it has been seen by experience that, since the
arrival of the royal Audiencia, many more suits occur than before. The
jails are full of prisoners; that of Manila contains usually more
than one hundred prisoners. Some of them are there for a considerable
time, even for many years, because the auditors do not attend to their
duty. A Sangley infidel of those imprisoned during the war was seven
full years in prison. After that, for want of galley criminals, he
was placed in the galleys, while his case was being investigated. He
was one of those who afterward mutinied in the galley, and killed the
captain, after which he and his companions went to China. There is
at present an Indian woman of La Panpanga imprisoned in the Manila
prison. She was incarcerated there when a girl, for she was said to
have been accomplice in a murder. She has grown up in the prison, and
is now a woman in years; and her case is still to be investigated. In
conclusion, it is an open fact that those imprisoned at the order of
the governor or alcaldes are generally let out of prison quickly,
and their affairs are soon concluded. But those imprisoned by the
royal Audiencia either have no hope of leaving, or else they leave
the prison only after a long period.
2d. _Item_: That the said royal Audiencia not only is useless in
these islands, but a signal harm to, and destroyer of the peace and
quiet of the natives of the islands, because of the Indians' method
of procedure and their characteristics. These are quite different
from the characteristics of the Spaniards, for when the Indians have
quarrels and disputes, they do not come to knife-thrusts or blows,
but present false testimony. For this the royal Audiencia's method
of procedure is very suitable. When an Indian is accused by a false
witness whom they present, the Audiencia immediately have the accused
man arrested and thrust into prison, which is the end desired by his
opponent in order to avenge himself; for he knows quite well that the
prisoner has entered the prison not for a few days or months. If the
accuser wishes to proceed with his investigation, he presents more
witnesses and proves whatever he desires. He can find witnesses for
anything, as the Indian's nature is as facile in swearing falsehood
as truth. Cases like this are actually seen daily. In grave matters
the innocent and guiltless are punished and condemned to the galleys,
while the guilty and deceivers are left free and unpunished. The
ministers of the gospel, who know the truth of the matter, and how
things are tending, seeing that those punished blaspheme the name
of God--saying that those who condemn them are Christians and men
placed there in the stead of the king to administer justice, but who
administer injustice--the religious, then, incited by their zeal for
the honor of God, inform the judges. That the truth may be known,
they go to give information of what they know. The judges answer that
they have to judge _juxta allegata et probata_, without proceeding
to inquire of the nature of the witnesses. Consequently instead
of administering justice they administer injustice. They condemn
the innocent, and allow the criminals to go free. False testimonies
continue to increase. False witnesses have no fear of justice. Finally,
the Indians declare that they punished like crimes better when they
were infidels, while the Sangley infidels assert that their law is
better, for justice proceeds rigorously to punish false witnesses,
which is not done by the royal Audiencia.
3d. _Item_: The said royal Audiencia is the cause of the perversion of
distributive justice. Dignities and offices are given to the unworthy
and undeserving, thus causing those who have served his Majesty to
complain. [20] For the appointive offices and offices of dignity,
both of war and of the districts of alcaldes-mayor, are given to
the brothers, sons, or relatives of the said auditors. These are men
without experience or merit. As a manifest and evident proof of this,
it is not necessary to refer to the events of past years, but only to
what is now current in this city of Manila. There are five companies of
foot-soldiers. Don Pedro de Almaçan, son of Auditor Almaçan, a youth
of tender years, and inexperienced in military affairs, is captain
of one company. Don Juan de la Vega, son of Auditor Vega, likewise a
person of tender years, has another company. Captain Madrid, brother of
Auditor Madrid--who has been in this country but one year, and before
coming here was only a common soldier--has a third company. I do not
mention many others--alferezes and sergeants who are immature boys--at
whom all laugh, and who would better be in school than occupying
such offices. They are the ridicule and plaything of the soldiers;
for the latter see in them no other valor or sufficiency than to
be relatives of the auditors or fiscal. The same is true of other
honorable and advantageous posts. Mateo de Heredia is alcalde-mayor
of La Pampanga. He is the son-in-law of Licentiate Almacan, and that
office is the best appointment in this country. To be chief guard
of the parián of the Sangleys is a position that needs especially
qualified persons, and those who have served his Majesty for many
years. For six or seven years it has been held by Diego Sanchez, a
common person, who is married to a mestizo woman of Nueva España. He
has no greater merit therein than to be the brother-in-law of Auditor
Alcaraz. The same is true of other provisions.
4th. _Item_: That if any person connected with any of the auditors
commits a crime or crimes, such a one is not brought to justice for it,
however grave and enormous his crime. This very year a very grave case
has happened in this city, in the person of a son of Auditor Vega,
who committed adultery with a woman married to an inhabitant of this
city, an honorable man, and of a good family. The woman betook herself
to a convent; and the adulterer fled. The aggrieved man begged justice
of the governor and the Audiencia. The said Auditor Vega not only did
not do his duty as judge, but defended his son with unfurled banners,
to his own great infamy and censure as a person whom his Majesty
maintains, to administer justice. The preachers have denounced him in
the pulpits, demanding that justice be done. The people are exceedingly
scandalized at so grave a matter remaining unpunished, only because the
criminal is the son of an auditor. Not only do they not punish him,
but the said adulterer was even made captain of infantry in the war
with the Dutch, to the great offense of all. That appeared so unjust
that a grave religious, who was going to the said war, said that
he feared the wrath of God, and that the enemy would be victorious,
because of so mischievous a man going on our side, who had offended God
so deeply. Yet he was not punished, for the sole reason of being the
son of an auditor, and because his father defended him so earnestly.
5th. _Item_: That the said auditors in this country can rather be
called honorable traders and merchants than ministers of justice, since
they trade and engage in commerce quite openly. Under their protection
their sons, relatives, and connections trade very extensively. This is
a cause of very great injury to the poor, and to the inhabitants of
this city; and they are defrauded in the division of the cargo, for
the auditors' freight is better looked after. Hence it follows that
the auditors possess very large estates. They build elegant houses,
at a cost of twelve or fourteen thousand pesos. They generally keep
embroiderers at work in their houses publicly, just as any merchant
keeps them.
6th. Lastly, after the arrival of the governor last year with the
decrees that he brought from his Majesty, if the royal Audiencia was
before a harm or of little use, it is now useless; because then its
possible service was to oppose the said governor and to undo any injury
or violence committed by the governor, but now that is prohibited by
the said decrees of his Majesty. In them his Majesty orders the royal
Audiencia not to contradict their president and captain-general in
whatever the latter wishes to do, but to advise him of the governor's
actions, without opposing the latter, in order to avoid scandals. In
order to give information of the governor's want of prudence, no
Audiencia is needed, for there are enough people here to advise you.
During former years this city petitioned his Majesty that he would be
pleased to order the establishment of an Audiencia, because it was
believed that it would be a check on the governor's actions, which
were not so well considered. Now this ceases with the said precautions
brought by the governor, in which his Majesty orders that the auditors
shall not oppose the governor, but that they only advise his Majesty
of everything. As to the said Audiencia, their hands have not been
tied by these new precautions, nor do the auditors pay any attention
to them, for they have so ingratiated themselves with the governor,
because he has advantaged them and their relatives and followers,
and his Majesty is so far away.