Causes for accepting the resignation of the reporter of the Audiencia from his office.
4. The second point is in regard to their saying that I accepted the resignation of Licentiate Umaña, reporter of this royal Audiencia, from his office. It is a fact that the reasons which he gave me for it obliged me to do so—not so much on account of his lack of health and eyesight, although he has that, as for the ill-treatment inflicted upon him by the auditors, without its being possible for me to give him any relief in it, as I am not always at the meetings. The auditors are insufferable; and, although this man had served in this capacity for many years, they finally had him so harassed that they daily sought numberless excuses by which to avoid coming to the Audiencia. And inasmuch as it is difficult to struggle all one’s life in one thing which concerns the ordinary despatch of business, I thought it less inconvenient to accept this resignation. In the meanwhile, until your Majesty shall provide a remedy, they have been allowed to select whomever there is in the city. But no one satisfies them; because, as there is no one who can endure them, there is no lawyer of high standing who will accept the office.
That the auditors, are giving malicious information when they say that the governor prevents a report of the government suits from being made to the royal Audiencia.
5. The third point is that the auditors complain that I do not allow any report of the government suits to be made to the Audiencia. As a sample, they cite an appeal made by the friars of St. Augustine from the edict, issued at the petition of the city, ordering all the Sangley shopkeepers to be collected in the Parián. Although that was a necessary measure, and the royal Audiencia had no right to meddle in a matter so manifestly belonging to the government as the residence of the Sangleys in this or in that part yet I am not doing nor did I do what they say in this matter, about preventing the report to be made—as will be seen by the acts which I enclose herewith, and which are cited in the letter on government affairs, which mentions this point. By those acts will be seen the very opposite of what they tell me that they have written.
That those appointed to judicial offices be lawyers
6. The fourth point is that they say that there are few advocates in this royal Audiencia, as I always keep them occupied in judicial posts, which ought to be kept for men of merit. The truth is that there are not more than five lawyers in all the islands; and that in the four years while I have governed here I have not occupied in judicial offices more than two—namely, Doctor Juan Fernandez de Ledo, in the Parián (which is an office that does not prevent him from exercising the profession of the law, since he does that in this same city, and already his term of office is over), and Doctor Luis Arias de Mora (whom I have only occupied in the office at La Laguna de Bay, which is three leguas away, and in which I maintain him because of a petition to that effect from the provincial and religious of St. Francis, who are the ministers in charge of those missions). They have assured me that they have not had an alcalde-mayor for many years who has given more satisfaction in that province. Since La Laguna, whence are brought the timbers for the shipbuilding at Cavite, depends greatly on the religious, and without the latter the Indians would do nothing, and it is important to me to have there a person of great exactness, so that the cutting and sending of wood may not cease, and consequently, the building and repair of the ships; and since there are so few methodical men in this country, when there is one, I try to retain him in office all the time. In regard to appointing lawyers to judicial offices, I have made no innovation, for my predecessors have done the same; and such men can be not less suitable for those offices than soldiers. Here, Sire, there is very little for the lawyers to do, and they starve to death. Since they are citizens and have married in the country, they must be supported, at least so that the governors may have someone with whom to consult in regard to the doubts which arise with the auditors. That is the reason for the ill-will that the latter show toward them.
Whence arises the opposition of the auditors to the concession of the winepresses which have been granted to the seminary for orphan boys.
7. The fifth point is that they talk of the concession of the Sangley winepresses which have been conceded to the seminary for orphan boys. For justification of that, I refer to a section of the letter which I am writing on this matter in the letter regarding government affairs, and to the papers which are cited in that letter, which are clear enough. I know that the opposition shown to this is managed by Licentiate Marcos Çapata, who, as he has but lately been invested with authority, has been actively engaged in attacking these winepresses, as he thought that he was performing a great service to the community; and as it has been made clear that the disadvantages of the matter are not of the importance that he imagined, he is somewhat piqued. I beseech your Majesty to consider this point and not to allow any ill-will to disturb so excellent a work as is the completion of the seminary for these boys, without any cost to the royal revenues and without any damage to the community.
Report on the permission to gamble which is given to the Chinese during their festival.
8. The sixth point is that they speak of the permit which is given to the Sangleys to gamble during the fortnight of their festival.[1] They allege that it is a pernicious thing for the community. I, Sire, have been even more strict in this than were my predecessors, who introduced it at petition of the Sangleys themselves, in order to keep them quiet and in order to avoid greater troubles, as that nation is by nature excessively addicted to gambling. It seems conformable to reason that if they are not permitted to play during the year, it be conceded to them for their festival, which is the time of their holidays. Your Majesty has ordered that the infidels be allowed to live according to their own customs in everything which is not contrary to natural law, or opposed to the good example of the Christians in whose land they live. It seems very conformable to law and to good government to keep these men contented and quiet, and this is being done. This country cannot get along without infidel Sangleys, for they are the ones who bring us food from China. Consequently, it is necessary to allow them to live in their own manner in all things which are not prejudicial to the faith and to the light of reason. Gaming is a matter of indifference, and although it is true that, if it be indulged in to excess, the troubles follow which are experienced in these Sangleys, yet those troubles are not to be laid to the one who gives them the permission to indulge reasonably in a diversion. It is known as a well-ascertained fact that the Sangleys will gamble, whether with or without license; and that there are not wanting citizens, and even sons and relatives of auditors, who will shield them for it. Hence I have considered it as less troublesome to give them a moderate permission (such as that which is granted to them for their festival), and to try to prevent the danger of incurring other and greater troubles by making the Sangleys restless and discontented, and gaming secretly all the year in the houses or gateways of private persons. It is true that some friars have preached against this; but I ordered one of them, who is considered as the most learned, to give me in writing his reasons for opposing this. Having also consulted with my confessor and with other theologians, who Were of opinion that this was not a matter for burdening the conscience (and I do not know why the auditors should think that the religious who gave this opinion allowed themselves to be carried away by their desire to natter me, charging their own consciences in order to save mine), I am rather persuaded that he who preached the contrary was induced to do so by his own or another’s prejudice in opposition to the government. The opinions of both sides are in my possession, with full relation of everything that there is bearing on this subject. If your Majesty wish, they can be sent you very easily; and I would have done so immediately, if they had not reminded me of this complaint at so critical a time.