The first is the news that has reached this city, by way of India, that the enemy is sending reenforcements of fifty-five warships. Because the governor’s disposition during this time is so worthy of resentment, as above related, it is stated publicly that, on receiving this news, the archbishop told the governor to try to prepare some warships, to whom he responded that he would gladly sell the few that he had. Hence it is feared that the enemy will have been informed of that as soon as they reached this country; and that with this opportunity, they would write, and they thought it good to come if it is true.
Secondly, that the government of this country has more need of a man who is a servant of God, of mature age and prudence, rather than simply a soldier; if there should not be readily found, a man thoroughly qualified for the warfare of this country, the least influential citizens here understand it. There are some men of great courage, and thus when the Audiencia was governing, it has had excellent successes. Consequently, such a man would cost your Majesty two-thirds less than the governor costs you. It is certain, and I consider it assured, that all the mishaps that the affairs of this country have experienced—both in this land, and in the fleets and succors that your Majesty has tried to send to it from those regions—have happened because of the multitude of offenses to God that have been committed here in other times and are even now being committed; and that all are derived from the disorderly lives of the governors.
Thirdly, that great damages result because of the division of jurisdiction between the Audiencia and captain-general. For the Audiencia tries civil cases of the soldiers and the general the criminal; but with authority as captain-general, as he is governor and president, he extends that jurisdiction as far as he pleases. He interprets the decrees that your Majesty has issued for this purpose, [to apply] even to the citizens of Manila; and when the infantry leave this city and the citizens are stationed as guards, they are made to assume the condition of the other soldiers. The Audiencia is left without any jurisdiction, while the captain-general gets it all, notwithstanding the many offenses to God which are committed—for many wicked men are protected by the war at this time, and in a few days go out to commit greater crimes. Since the Audiencia tries civil causes of the soldiers with the plenary jurisdiction that it enjoys over the citizens (and the soldiers are citizens), on the other hand it appears most fitting that it try cases of the soldiers like those of the citizens; and that, as appeal is made from the ordinary judges, appeal be made to the Audiencia by the soldiers in cases civil and criminal—at least while the soldiers are not actually fighting, or in pursuit of the enemy. For, besides the service to God and to your Majesty that will result from such a course, the Audiencia, when there is one, will be respected; and the soldiers will not be so disregardful of what their captain-general says to them in times of peace, even though the latter be one who razes a convent to the ground.
Fourthly, that among the ordinances of this Audiencia is one (to which I referred above) ordering the president to try the criminal causes of the auditors With that the governor has endeavored to make a pretext for my imprisonment. As I do not see the original signed by your Majesty, I doubt the truth of that decree, as occasion for it was given by people who pay little heed to conscience. With that decree, if the governor wished to destroy[14] the country, and if the auditor did not agree with him, he could move a question in regard to its being cloudy and there being no sun. If an auditor should say that he thought the sun was shining, the governor would say that the auditor meant to call him a liar, as he said to me. By that means, and by similar methods used toward the others, he would, destroy them, and would keep them imprisoned three or four years, until relief came from your Majesty; and sometimes it would be impossible to send that relief for the damages that this country thus receives. Consequently, Sire, it is very necessary for your Majesty to revoke that decree, and to give the Audiencia the authority and the superiority that it has enjoyed in other times; for by doing otherwise the Audiencia can be very well dispensed with, as it amounts to no Audiencia. This is truer, since it is six thousand leguas’ distance to your Majesty, and since it might happen that relief may not arrive in three years—especially since, in strictness of law, your Majesty does not give them the authority that they arrogate to themselves; and, to him who cherishes malice, a slight occasion is sufficient.
Fifthly, that although it is true that it was decided to be advisable for your Majesty to send aid to this country, as I understand that it has been petitioned in the manner and form of reenforcement, I greatly doubt whether it is more suitable for your Majesty to send ships by way of the cape of Buena Esperanza; for the artillery founded here is the best in the world, as are the ships built here, as I have been well informed. Besides, the artillery and ships of the quality and size necessary here cannot be sent from that country, for it has been found that war is made more securely here and the enemy frightened more by the very large galleons (much larger than those sent from there), which will withstand heavy artillery, such as those built by Don Juan de Silva. Further, the woods [used here] resist the balls better; and the ships are built with special strength and by the best master in the world, as I have been told. With money and care, the rapidity with which those ships can be built is remarkable. Consequently, I think that if what is spent on the fleet be sent in money, and soldiers, and sailors, by way of Nueva España in trading fleets, and by way of India in the ships that sail from Lisboa, it would be more expedient—notwithstanding that it is said that the infantry that come by way of Nueva España desert at their arrival there; for with good judgment and care that difficulty would be remedied. Will your Majesty decide what is most advisable.
Sixthly, that the fiscal of this Audiencia fills the office of protector of the Indian natives, and of the Chinese Sangleys who come from China to this country, for their advantage and trade, by virtue of a decree issued by your Majesty. Your Majesty assigns him no salary, for it seems to be your intention to have him attend to that duty with his salary as fiscal. The governors here, in order to control the fiscals, so that the latter may not oppose the things that the former wish when these are in violation of your Majesty’s service, assign them an annual salary of eight hundred pesos at the cost of the Chinese Sangleys. For that purpose a communal fund has been established, and each Chinese is obliged to deposit, I believe, two reals apiece annually in that fund, and from that fund is assigned the salary of the fiscal as protector. As the Chinese are so numerous, the sum amounts to considerable, although it it not all paid to the fiscal. In the collection and method used, considerable annoyances are experienced. Besides, there is no authority to levy that money, for your Majesty has not assigned it, nor is the governor able to do it, although he give your Majesty a pretext for it. The worst thing is that that sum has never served, nor does it serve, other purpose than to flay the Sangleys, for besides that it seems incompatible for one to be a protector on the one hand, and one who seeks to act as prosecutor on the other, it seems that the true protector is the good judge, the Audiencia [or] the good governor. But as with the protector they never escape from spending their money, but rather, I think, spend more, and the most who have suits, waste their poor resources on the procurators and lawyers, it seems to be a matter worthy of reform, and that the Sangleys either should have no protector who is not a protection to them, but a trouble (or at least for most of them), or that your Majesty order that he perform the duties of the office with his salary as fiscal; for I certify that many offenses to God will cease. And since they claim that it is not an office of honor, there is a mystery therein, especially since I, having charged against Don Juan de Alvarado that he was taking that salary without orders from your Majesty, the succeeding fiscal knowing that, and Don Juan de Silva having revoked that communal tax, the preceding fiscal has agreed with the present governor that the communal tax on the Chinese be again established, and that the salary be assigned from it. That is a very flimsy pretext, so that the fiscals may not perform their duties faithfully against the governor. Will your Majesty order what shall be most suitable for this particular, and for whatever else is mentioned herein.
Lastly, I have made known by other letters to your Majesty that from my arrival in this country, although I keep about, I have ever been ill and a sufferer from sickness, besides which I have had several dangerous illnesses in bed, so that I cannot serve your Majesty here as I desire. I trust, God willing, that I shall have better and better occasions to serve your Majesty in another place, for which reason I petition your Majesty to be pleased not to consider my slight services, but only my good desires by promoting me to the occupation of greater favors and honors, and especially to satisfy me for the insults that the governor has cast on me in your Majesty’s service, and for the many dangers through which I have passed in my endeavors to have your Majesty served and obeyed loyally and as is fitting.
As to what pertains to the seizure above mentioned of the great quantity of property that the governor is said to possess in Mexico, I must warn you that, in addition to what was said, the report originated publicly, in the beginning, in this city that the governor was to go in a ship that he was intending to despatch by way of the cape of Buena Esperanza, with a quantity of cloves which he was expecting from Terrenate. That was founded on what they say about his knowledge of how serious are the things that he has done, and that, fearful of punishment from your Majesty, he did not intend to await it; and also because this year he has sent whatever he could to Nueva España in the ships that sailed, lessening even his number of horses, as is said; and [it was rumored] that he was about to go by way of the cape of Buena Esperanza with the cloves that he was awaiting from Terrenate. But inasmuch as the cloves from Terrenate did not come, it is now said that he is not sending the ship, and that he must have taken new counsel. Consequently although the flagship of the two ships that were going to Nueva España was wrecked, still in the advice-ship that he despatched later the governor sent a huge quantity of goods. He sent in the almiranta which got away safely and took the lead, a person to look after and care for everything, namely, Don Fernando Falcon, whom he made captain of infantry, and to whom he gave great profits for that purpose. It is said that he had orders to look after everything, and to ship as much as possible to Castilla; as also, because he must fear that it will be possible, on account of his great offenses, for your Majesty to be informed of the great wealth that he has sent and his conscience will accuse him. Will your Majesty order those goods to be sequestered—as is said here, all that [he has], without taking account of the one hundred and thirty or so boxes, which, as is notorious in this city, he lost in the flagship. This is added new to the letter that I sent in the ships of Nueva España, of which this letter is a copy, and which I am sending by way of Yndia. Will your Majesty provide, etc.
Licentiate Don Alvaro Messa y Lugo
Sire: