Sebastian Hurtado de Corcuera
Sire:
Six months before my arrival here, the fathers of St. Francis had held a chapter. It was illegal, without question. Fray Francisco de Gabiria, an Observantine friar, came to them as visitor. He began his commission and visit by depriving all the definitors of the province of their offices, and appointed new definitors from the Observantine friars and others who took the habit in this country and belong to the Observantine faction. He continued [this course] by removing the guardians and appointing others who belonged to his following, until they had more than sufficient votes to hold a chapter. The commissary-visitor took the opportunity to do all this, because the legitimate definitors had deprived a friar, one Jose Fonte, of his guardianía. That religious was guardian of the convent of Manila, and a prime favorite of Don Juan Cereço, former governor ad interim. The legal definitors deprived him of the guardianía. Upon the coming of the father commissary, Fray Jose Fonte complained and requested his guardianía, although the matter had no appeal. The said Don Juan Cereço also lodged a complaint, because his favorite and adviser had been deprived of his guardianía. The commissary, who saw that the occasion was so opportune for his purposes, overrode the province and body of definitors, and on account of the above, deprived the high officials [of his order] of their offices. Sire, nothing is hidden from us in this land. In this case, one might tell your Majesty many things, but I shall relate only two. First, the father commissary offered to the father provincial and his definitors one of the greatest insults that have been known in your Majesty’s kingdoms. For Fray Jose Fonte, as is the general opinion of the community, is a rather free-and-easy religious; and the reason why the father provincial deprived him of his guardianía—although he had, as was true, the said Don Juan Cereço so strongly on his side—was doubtless because his mode of life and his government of the convent were such that he could under no consideration be endured. Your Majesty can have no doubt of this, for it is proved beyond question by the loud murmuring of the community at the lack of devotion displayed by that religious. Therefore, your Majesty will reflect whether the removal of a provincial and the whole body of definitors, in order to reinstate this man, is an affront worthy of consideration. Second, I assert that his chapter was illegal, and that beyond question; for the father commissary-general, Fray Francisco de Ocaña, sent a very necessary letter of obedience throughout the provinces of the Indias, which has, among its other sections, one of the following tenor:
“Item: We ordain that the fathers commissaries-general and the fathers commissaries-visitors shall render sentences in the causes and processes that shall be brought to trial [i.e., in the tribunals of the order], one week before the provincial chapters; and on the actual day of the chapter-meeting these shall be pronounced and made known, in the manner generally used by the order—so that the matter may be apparent to those members capable of voting who assemble from the said province; and so that the electors in the chapter may enjoy the liberty that is proper. Whatever shall be done in any other manner, now and henceforth, we annul and revoke it.”
The father commissary-visitor sentenced and deprived of their offices the father provincial and his definitors immediately, in the first month of his visit, and five months before the week assigned by the father commissary-general, Fray Francisco de Ocaña. Therefore, since the law is so clear, and in the Romance tongue, there is scant need of lawyers to judge that the manner in which Father Gabiria performed his commission is null and void. I was informed of these things, upon my arrival at the islands, by fathers of all the orders as well as by other persons of the city. I ordered the ex-provincial to come privately and talk with me. I asked him why these orders were issued and such things done, and promised to aid him in your Majesty’s name if he wished to demand his justice. He replied to me that he saw that all things were in a very lamentable condition, but that he did not dare plead anything; for very great scandals would arise, and the superiors of his order would take it ill, and severely punish those who had written and reported it Therefore, he had resolved to be patient and to await their reply. The chief end of all this [scheming] was the capitular election, and because the father-commissary was trying to obtain the government of the province; and although it was founded and continued by discalced friars, to make it Observantine. Your Majesty has ordered that no Observantine friars may come to this country, but that all who come be discalced. Beyond question, it is not at all fitting for Observantines to come; for so long as there shall be Observantine and discalced friars, there can be no peace; and most serious troubles will result, both to the order itself and to the natives under its charge. Will your Majesty be pleased to order the father commissary-general to check these proceedings, and to prevent these scandals which have occurred so often among his friars; and that he obey your Majesty’s decree not to send Observantine friars. For, notwithstanding your Majesty’s order, they come here clad in the habit of discalced friars; and on their arrival at the province, their sole aim is to turn it topsy-turvy.
Thinking that the troubles of this order could be obviated, I requested the provincial to send that friar, Fray Jose Fonte, to Terrenate to take charge of your Majesty’s hospital there (a post so honorable that the provincial himself exercised it before being provincial)—in order to get him away from here, and prevent the discalced religious from being ill treated and from being afflicted in mind; and so that the provincial could better discharge the duties of his government and denounce the invalid acts that had been committed. Although I told the provincial that it was advisable for your Majesty’s service to have that religious leave here, for which I would be answerable to him, he refused to do so, excusing him as being a definitor. And although I told the provincial that, since he could not obey what was suggested to him in your Majesty’s name as fitting to your service, no other religious nor any supplies of his would go to Terrenate in your Majesty’s galleons, he gave himself no concern about it. Those friars, as I have written your Majesty in other letters, do not reckon themselves your vassals, and do not think that they have to obey you as such. Consequently, it is advisable, as your Majesty can do so, to have the matter examined, so that a suitable remedy may be applied. May our Lord preserve your Majesty’s Catholic person, as is necessary to Christendom. Manila, the last of June, 1636. Sire, your vassal kisses your Majesty’s feet.
Sebastian Hurtado de Corcuera
[Endorsed: “December 22, 637. Have the father commissary-general investigate the points of this letter, and file what he reports with the letters treating of this matter and the orders of the Council, and take all to the fiscal.”
“The fiscal declares that the decrees and orders issued in regard to this matter must, as was ordered by the Council, be filed with this letter and the report of the father commissary-general. That done, let it all be delivered to him, so that he may answer. Madrid, July first, 638.”
“No other papers than those which are brought are found in the secretary’s office treating of this matter, or of what the governor says.”