Report of the Audiencia on the Conduct of Tello
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, Page 171when 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 Page 172other 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.
Doctor Antonio de Morga
The licentiate Tellez Almaçan