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,[1] prior provincial.
Fray Francisco Miñayo,[2] 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.[3] 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.