The king of Terrenate is also a prisoner here, and is causing expense to your Majesty, and anxiety to those who guard him. In my opinion, I do not know whether he can do us more harm, if he was in his own country, than that which his son is causing us, who possesses the country and has allied himself with the Dutch. On the other hand, the king might cause revolt among themselves and their vassals, if he tried to dispossess his son of the government, since the king is so offended and so angered as he is with the ill-treatment that he has experienced from his son. Will your Majesty ascertain what is most to your service in this, and order me accordingly.
I have been unable to make any investigation in the loss of the six galleons that had occurred when I reached this country, of which I immediately informed your Majesty. For, as Don Geronimo de Silba would have to be blamed for it, as the one who was captain-general on sea and land, and in the event of his acquittal, the blame must fall upon another, or he would remain guilty; and inasmuch as he is protected by the judge conservator with bulls from his order (that of St. John), to which likewise is joined the assertion that an order from your Majesty is necessary to make that investigation: for that reason, I have been unable to investigate it fully and specifically, but 1 shall fulfil whatever your Majesty shall command, on the arrival of those orders. If now I should try to make any investigation I could not do so, as I have heard so much different talk about it. In my opinion such and greater disasters may happen, without any blame resting on those who give the orders, or on those who execute them. Many such disasters have been seen to occur, thus in the sea, when it is excited by any violent storm—and more, since it is among islands, where there is no place for the ships to run free.
Don Geronimo de Silba has petitioned me to appoint him to the office of captain-general of the artillery, with the officials and assignment that it has in other districts. That has been refused him, inasmuch as there is nothing here for which or with which to add that expense. If I gave him the title, it was rather to fulfil your Majesty’s decree ordering it, than by any necessity of there being such an office. He is also talking of a journey to that court, if your Majesty will be pleased to grant him permission.
I petition your Majesty to appoint, for the third person who serves, one of such qualities and characteristics that he can succeed to this government, if a person for that should be lacking, and to the presidency, in case that your Majesty does not now wish the Audiencia to succeed to everything; for if they always avoid having more than one head, your Majesty’s service will fare better—and of that we have already had experience here, as in other regions. For the same reasons it would be advisable for such a person to be governor of Terrenate, and even the castellan of this castle; even if he should not have to serve for more than his duties there, and with his counsels, your Majesty would be excellently served. With that intention I have proposed to your Majesty the persons whom I know, in my opinion, to be suitable. Likewise other persons should be sent me for other purposes, chiefly for clerkships [officios de la pluma] and for the administration of the royal treasury. They should have been reared in a good school and have exhibited good qualities; and they should be of no other [than the clerical] class, because of the great importance of efficient care, method, and system in the handling of papers and accounts. That care and system signifies much in such employment, and even more when it is lacking, since a deficiency therein is more grievous. Inasmuch as the accountant, Francisco Lopez Tamayo, left the department of accounts because of his advanced age and his ill-health, I appointed Pedro de Lensarra as accountant in his stead. He came in the caravels with Ruy Gonzalez de Sequeyra. I appointed him here for this purpose for I thought him a man just and intelligent in the matter, according to what I have hitherto been able to learn; and I made more of his good qualities than of the jealousy exhibited toward him by some, who call him a criminal and blasphemer—but I am not surprised that it is rather unusual here to praise any person very highly. What I can say of him is that the way in which he fills his office has not as yet displeased me. On account of his report to me and that of the royal officials, in response to an order of mine issued for the correction of certain abuses, which I shall mention below, I instituted a reform in them as follows.
During the term of my predecessor a meeting was held by the president, auditors, and royal officials then in office (some of whom still hold their offices). In that meeting reasons were given, with precedents and instances, that were deemed sufficient for them to resolve to distribute among themselves and other officials of the Audiencia, and the archbishop of this church, three thousand five hundred fanegas of rice, at the price at which the grain is furnished as tributes to your Majesty. Since I saw that there was no royal order for it from you, and that no approbation of the resolution had come in so long an interval; and considering that that quantity, and much more which is added to it, is bought on the account of the royal treasury for the ordinary expenses and rations furnished by the royal treasury, which makes an assessment among the Indians in order to get it, and that your Majesty pays for what we take, at the rate of four reals, and at times four pesos—but more often without paying the poor Indians, because [the treasury] has not the wherewithal; [and considering that] for that reason of not giving those Indians the money and of the loss suffered by them—who, in order to comply with the assessment, have to buy at much dearer rates—not only resulted the harm in the loss of the money, but sometimes loss of liberty to some, as they have become slaves because of it: therefore, in order to reform so great an evil, I have enacted that this rice should not continue to be given to us, and that what has been received be restored, unless your Majesty shall order otherwise.[3] I have enacted the same in regard to four hundred pesos that were ordered to be given to the government secretary every year, by a similar meeting of the royal treasury, and excusing him from securing your Majesty’s confirmation. Since his office is such that he bought it for seventeen thousand pesos at a time when it had no more perquisites than now, and not so many, consequently, that increased salary will cease and the money withdrawn on this account from the royal treasury will be returned to it. I have ordered that the money which is generally removed from the division of the accounts of probated estates [bienes de difuntos] here to that of Mexico, without any benefit from their property for the souls of the deceased or for the heirs, when distributed or invested by order of the judge of those estates [i.e., probate judge] shall be placed in this royal treasury. The necessary vouchers shall be given, so that an amount equal thereto may be delivered to the division of the accounts of probated property in that city from the money that has to be sent from the treasury of Mexico on your Majesty’s account to this treasury here. Thus will be avoided the expense of carrying that money to the port and the danger of the sea, while it has even greater conveniences, without any hurt to the heirs. And although it appears so just, as will be learned from it, persons have not been lacking to resent the limiting and lessening of the handling of the money. In regard to the accounts of the alms from the bulls I would do the same, if the agreements and conditions of their collection allowed, as it would have the same convenience as the aforesaid procedure, and would prove a very great blessing to the inhabitants of this community, by obviating the investment of this money and the space that it occupies in the vessels that carry it to Nueva España. Will your Majesty be pleased to ascertain whatever is most to your service, and that orders be given to me accordingly. In this matter, as in those above, there are not wanting some to oppose it.
Licentiate Andres de Alcaraz, senior auditor of this royal Audiencia, intended to depart this year with the vessels now about to leave for Nueva España, but has deferred his departure both because of his ill-health, from which he is recovering, and because I insisted strenuously that he do not leave this Audiencia until the other auditors of it become used to the despatch and customs of their offices, and until they are more in harmony among themselves; for since they are new men, and each one is self-confident in his own capacity and sufficiency, they have had differences of opinion, and partisans. Consequently for a year back there has been more wrangling here, in suits in the Audiencia, than from the time it was established. There would have been many more, had not Licentiate Alcaraz, notwithstanding his many excuses and his advanced age, been urged to attend it whenever possible, in order to avoid that wrangling and the scandal resulting from it. He has endeavored to bring them to agreement, a matter that caused him no little trouble, and excused me from much, for finally the displeasure of those who found that they could not do just as they wished, as it was not just, has been shared between me and Licentiate Alcaraz. Concerning him, I assure your Majesty that he is one of the discreet and sensible judges in your service; and less than his going to take part in what he deserves and in what can commend him to your Majesty’s eyes, could not console me at seeing him separated from me. For I do not know how one who wishes to rule aright can have anything more to his taste than such a counselor and one of so great experience in matters—such an one whom, until now, I have been unable to have. And since I was so assured of his good qualities, when I was about to embark in the fleet to fight the Dutch fleet, I persuaded the said licentiate Alcaraz, that if I died on that occasion, under no considerations was he to forsake this country and the Audiencia until your Majesty should have taken measures for all things. Although I gave clear reasons for it, namely the long experience of the said licentiate Alcaraz and other reasons, without thus touching on my distrust of the good government of the other two auditors—although I could perhaps give some different reason, if it were necessary—such was the spite that those two exhibited toward us, that Licentiate Alcaraz tried to avoid the charge of the government. At the end he conquered me and convinced me to have Don Fray Miguel Garcia Serrano, archbishop elect of this city, summoned to aid him in it; he was then absent from the city. The latter is one in whom, besides his qualifications of devotion, virtue, and learning, combine other qualities so good that they can commend him for governments more important than this. Accordingly he came to me at my request, and at the same entreaty he is staying, and is daily putting me under new obligations to him, the greatest of which is my seeing him so intent on and inclined to the service of your Majesty, both in whatever pertains to his own office and in what can aid me in mine. To conclude the account of what ensued with the auditors—Licentiate Geronimo de Legaspi y Echabarria and Doctor Don Albaro de Messa y Lugo—I shall say that whether for the causes here written, or because of restraining them and trying to reduce them to harmony and a desirable moderation; or because the correction of justice is also overtaking the members of their families (a matter on which I could debate by writing more); or, finally, whether it be by deductions from these things (which I know not), the two have so grudged their courtesies that they do not visit me since I have come from outside—although I have been careful to go to their houses oftener than was sufficient. Neither do their wives visit mine. Will your Majesty be pleased to have them advised that what they ought to do in this matter to another president than to me, be not lacking to me. In other things, I shall manage with the fitting mildness and delicacy, so that we all may proceed very conformably to the service of your Majesty. I hope for this, for on my part there is the desire and on theirs so many obligations. Very soon they will make a trial of the obligations that they have in their offices. In order not to neglect the fulfilment of my obligations and the discharge of my conscience, I assure your Majesty that I do not consider it advisable for your royal service that the present order be executed, ruling that he who shall be senior auditor shall exercise the office of captain-general because of the death of the governor; but [I recommend] that, in case your Majesty should have appointed no person for that purpose, the whole Audiencia, together with the archbishop, shall appoint him, and the appointee shall remain subordinate to the Audiencia, as are other captains-general, in the royal council of war: Thus may be avoided the existence of two heads, which occurs with the division of the departments of war and peace of the government, and the great inconveniences that usually result from it. And according to what I, as a Christian, believe, the inconveniences that could be feared, were Licentiate Geronimo de Legazpi to take this office (who in the event of the absence of Licentiate Andres de Alcaraz will be senior auditor), would not be few; for as yet he is a person who has not exhibited the capacity and qualities required for it. On the contrary a certain incontinence has been noted in his morals. With the scandal and bad example of that and certain inclinations in the administration of justice, and complaints from persons to whom he has failed to return money which he received from them to invest in merchandise or to pay to them here, he has become as disreputable as in other matters of his own private affairs. Since he allows one of his sons, the eldest one here, called Don Atanasió de Legazpi, to live so licentious a life, it is said of him that his father is making amends for the fault of his son’s bad rearing. He endures from his son much disrespect, even fearing him and following his will in unjust things. Hence it can be inferred that he who cannot govern his own son will illy govern so many others. Further, with such a counterpoise, and since this matter is so worthy of consideration, and so important to the service of your Majesty, and since it is not a matter on which I can take action here or which I can remedy, I could not neglect reporting it to your Majesty, in order that you may take those measures most suitable to your royal service.
Auditor Don Antonio Rodriguez de Villegas has just arrived in that ship from Nueva España, but he is in so poor health that he cannot attend the Audiencia except in any necessary case when Licentiate Legazpi and Don Albaro must have a third person. At such times he is requested to attend so that certain business may not be delayed. He has given many signs of prudence, wisdom, and good intentions. That is what hitherto we have been able to understand of him; and I promise myself that his person will be of great service to your Majesty from his good beginnings and the many good qualities that are found in him.
Licentiate Don Juan de Albarado Bracamonte, fiscal of this Audiencia, has served in it and in the office of protector-general of the natives and Sangleys of these islands, for eleven years, and, as I have thus far understood, with great satisfaction and ability. He has ever attended with peculiar care to the advancement of the preparation of the fleets that have been prepared during that time, and to all other matters of war and administration that have arisen. And according to my good opinion of him, I would entrust to him even many more things in matters touching your Majesty’s service, and also with my own affairs. As certain reports were made to me upon my arrival at these islands last year, that were opposed to his method of procedure, I endeavored to investigate them secretly and cautiously, and to ascertain the truth concerning them. And although his duties are so fitting and proper for the breeding of ill-will in those querulous persons against whom he has prosecuted cases, or in his subordinates, I have not found anything of importance that contradicts his rectitude and integrity. Those are the qualities most to be esteemed in the ministers of the Yndias. Consequently in consideration of his good qualities, capacity, and skill, I regard him as deserving the grace that your Majesty may be pleased to show him outside this Audiencia in that of Mexico or Lima, in which I think that your Majesty will be very well served.
A few days ago while I was in Cavite attending to the fleet which I prepared for the purpose that I have related to your Majesty, Don Fray Pedro de Arçe, bishop of the city of Santisimo Nombre de Jesus, and governor of this archbishopric, advised me that he heard that certain persons were losing the respect due the college of Santa Potenciana, of which your Majesty is patron. I replied to him that I would immediately come to this city to procure the most suitable remedy. Although I did so immediately without loss of time, I found that Licentiate Legazpi, resolving quickly upon such notice as he had, entered the said college and began to make investigations. He examined witnesses on whom he used tortures. Upon seeing this case already in this state, and considering the scandal and dishonor of that royal house and of the guilty persons, it was judged necessary for want of another remedy more honorable and private, to punish the criminals as an example. Accordingly, by employing great diligence, I had them arrested; and the master-of-camp, Don Geronimo de Silba, having judged one of them in the first instance, by name Captain Juan Lemoedano, and sentenced him to the gallows, he appealed to me; but I have not been able as yet to examine his case because of lack of the time necessary for it. The case of another, namely, Captain Don Fernando Becerra, against whom there is apparently less proof, has not yet been sentenced by the said master-of-camp, for he is yet hearing evidence in it. From the investigations of this, guilt is found against Don Juan Manuel de la Vega, ex-commander of the ships of this line to Nueva España (son of Doctor Manuel de la Vega, ex-auditor of this Audiencia), whom, according to the sufficient proof, I ought and do condemn to be beheaded and his head exposed to [public] view, and to the loss of one-half of his property. Nor is there any necessity, for this [severity], to collect the evidence in the suit brought against him for the loss of the galleon “San Marcos.” He was commander of that vessel when Don Juan Ronquillo fought with the fleet of these islands against that of the Dutch at Playa Honda. He appealed from this sentence to the royal Audiencia, where the case is now proceeding—very slowly, because of the superfluous justification that he is presenting. This has been an affair where it is desirable to manifest great rigor; for otherwise the other correction that I have tried to apply for the honor and defense of this royal house will not be sufficient. On the contrary it would be a damaging precedent, so that others might follow similar acts of audacity. In what pertains to me I shall always endeavor to do justice, although, with these appeals, it is impossible to do it in time, or with the energy that is necessary. Especially in war, and as is customary in it, is rigor at times necessary, and without any delays. Much more is it needed in this land than in others, as dissimulation and failure to punish are so usual in it. Thence result many acts of lawlessness, disobedience, and crime, which inflict great injuries. To restrict them, punishment is necessary, and without it no good government can result, even in peace, much less in war.
Certain doubts are wont to arise in the matter of jurisdictions, and the Audiencia and I understand differently one of your Majesty’s decrees which treats of those doubts, which was issued at El Pardo, November seventeen, six hundred and seventeen. In it your Majesty orders that the master-of-camp try all causes, both criminal and military, that touch the soldiers of the presidios, and the ordinary pay of these islands; and also of the others who may not be ordinary soldiers, if they shall have been levied for any purpose and have taken arms in their hands. The appeals of all are to go to the governor and captain-general. The Audiencia thinks that that should only be understood in regard to those who may be levied and assigned pay (as if, having that, there would be any difference between the recent and the oldest levies), and not in regard to citizens when (because of the absence of the regular infantry) they take up arms for the guard of the city, or to go out in emergencies, as many are wont to do. But I can not see how they could be ordered or how they would obey with the punctuality that war demands, if the punishment of offenses, disobedience, and other acts that are criminal in soldiers, were not in charge of the military judges. In Ytalia and Flandes, the Spanish soldiers have only one judge, namely, the commander of the army; for although the masters-of-camp judge in the first instance in cases, that is only exercised by them when away from the commander-in-chief. Will your Majesty please order this matter to be examined and declare your pleasure therein; also in what pertains to the soldiers of forts and the other paid men in them, for I do not know whether your Majesty has hitherto given the jurisdiction in the first instance to the castellans by special decree. Likewise I do not know whether it has been declared as to whom pertains the trial in the first instance of the men in the galleys who have a general or lieutenant, or of their soldiers; or to whom pertains the trial of those who are generally added to and embarked on the galleys from the companies of this camp.