Sire:
Among other things which seemed advantageous to your Majesty's service
was for this Audiencia to govern in accordance with the instructions
and orders your Majesty gave us, and to request the president,
Don Francisco Tello, to observe them on his part. We have notified
him in writing that it is your Majesty's will that he shall use the
seal of your Majesty's arms only to seal the decrees made and issued
by the president and auditor of this chancilleria. We have notified
him that he is not to use it, as he does, in issuing commissions for
civil and military appointments. We have told him that your Majesty
has granted this privilege, under special decree, to the viceroys
alone. But he does not refrain from doing this, as we have reported
to your Majesty in a special letter of the first of this month.
We requested him, also, to wear suitable apparel in the judicial
sessions of the Audiencia, since hitherto he has come in wearing a
short cloak, and a hat with colored plumes. We asked him to wear the
same suitable apparel in conducting the deliberations of the Audiencia,
and in the building and council-room and court of the Audiencia. Up
to this time, when the aforesaid president has held the courts,
he has done so outside of the building of the Audiencia, and in a
chamber of the inn where he ordinarily resides. On these occasions
he has not been properly attired, appearing sometimes with a colored
cloak and sometimes without any.
It is urged upon the president also that when the deliberations
are being held, the door shall be bolted, that he shall allow no
one to enter, shall keep secret all deliberations, and shall cause
to be observed the respect and dignity due to this place where your
Majesty's person is represented--which he has thus far not done with
the requisite propriety and exactness. From this have resulted several
disagreeable occurrences.
But especially has the president been informed that, since your Majesty
has resumed the civil and criminal jurisdiction of these islands in
the Audiencia, so that he [the governor] may be less occupied and
more free to attend to matters of state and of war, he should not
take charge of imprisonments and suits against the inhabitants and
natives of this city. They complain that very often he persecutes them
severely for some grudge, or because he does not like them; and that,
even when he arrests them, he does not try their cases, and neither
condemns nor acquits the accused; nor does he refer the cases to the
Audiencia, so that they may be tried there, in accordance with the
demands of justice therein. Of all these cases, he has the right to
retain jurisdiction only over the offenses of the soldiers. These
he may try directly, as your Majesty has granted to him, as being
captain-general. We have had some conferences on these points with
the aforesaid president, and have used other means to induce him
to do right, and not transgress your Majesty's will. We have not,
however, found him entirely submissive to it, especially as to the
requirement to cease proceeding entirely alone in whatever suit he
chooses. In this way he has begun to persecute those who are not
entirely to his liking, and often with little justification. Because
it is very important to your Majesty's service, and to the welfare
of those who live here that this should not go on, we shall continue
the necessary precautions, so that without giving occasion on our part
for a break or disagreement with the president, he shall be submissive
to what your Majesty has decreed, as you desire. The important thing
is to report to your Majesty the state of affairs here, so that you
may provide definitely for what is to be done. We state truthfully
that we are under obligations to your Majesty to interfere in no
manner with the exercise of his governing power, and that of waging
war--unless, under title and pretext of his office as captain-general,
he shall prosecute and harass for his own personal grudges, and for
objects which are not for your Majesty's service, the inhabitants,
and those who are not soldiers, and have committed no offense, since
this must not go unremedied. Whatever your Majesty may be pleased
to decree in all this matter, we shall remain without anxiety and
in peace; for our only aim is the fulfilling of your Majesty's will,
and our desire the satisfactory accomplishment of the affairs of your
Majesty's service. May God keep your Majesty. Manila, July 15, 1598.