DOMINICANS REQUEST SUPPRESSION OF THE AUDIENCIA

_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.

The Philippine Islands, 1493-1898 — Volume 17 of 55 1609-1616 Explorations by Early Navigators, Descriptions of the Islands and Their Peoples, Their History and Records of the Catholic Missions, as Related in Contemporaneous Books and Manuscripts, Showing the Political, Economic, Commercial and Religious Conditions of Those Islands from Their Earliest Relations with European Nations to the Close of the Nineteenth Century · 第 68 / 113 题