Judgment of the Court.
The Governor, Don Gabriel Menendez Torres y Aviles, sets forth in the preceding petition that His Highness the King Don Felipe II (whom God grant may come to glory) agrees with the Governor Pedro Menendez y Aviles, Knight of the Order of Santiago, that his uncle, brother of his grandfather, had agreed about the year 1565, that he, the said Pedro Menendez, had to discover all the provinces of Florida, settle and build in them two or three towns, all at his own expense, for which service your Grace granted him the title of Governor of said Province and lands of Florida, with all the privileges and prerogatives that are granted the other Governors of Castile—and that having set sail to accomplish this, and make these settlements with a private galleon of his own, of 900 tons, and many other ships and vessels which he also carried at his own expense and having conquered, as he effectively did, the said Province, and having settled and established two towns in it, which are today flourishing and supplying this crown, even before completion of this conquest. Your Majesty has named him Captain-General of the Royal Fleet which is to be commanded and joined in Santander against the English, commanding him to assist in this military exploit, notwithstanding that he is under obligations in the first place, by the treaty and agreement he had made of discovering all the land of the Province of Florida within the given term of three years counting from the day he embarked and set sail in the Bay of the Port of Cadiz with the fleet he carried for said conquest. Being of the greatest importance the business for which the Royal Fleet was formed and arranged, and while he was preparing and getting it ready, the said Governor Menendez de Aviles died—and by his death the Duke of Medina Sidonia was immediately named Captain-General. Afterwards having been asked on the part of the legitimate heirs of the said Governor Pedro Menendez de Aviles, the accomplishment of all these services which your grant had offered him, it was contradicted by the Attorney-General of this Court—taking advantage of one of said agreements which reads: “That if in the expressed term of three years the Governor Pedro Menendez de Aviles should not have finished and completed in all the said conquest according to agreement, neither your Majesty nor any other Kings, your successors, should be bound to fulfil any of the rewards offered.” For this reason the heirs brought suit against the Attorney-General which was continued. For sentence, by revision of the Court it was ordered to be given to Don Martin Menendez, oldest brother of the petitioner, the title of perpetual Governor of said Provinces, as had been done with his uncle, and besides they were to give him forty thousand ducats of silver.
Withholding the charge of the Indias to augment from the right of succession which his uncle left established, and a fishery in said Province which the said Don Martin should select without any remuneration for the many expenses he incurred in the conquest, Don Martin Menendez having died without issue, or heir to his estate, the petitioner asked they expedite the title of Governor upon him, as it was expedient. Although endeavors have been made in the archives of Simancas to find these papers, they have not been found, and it is said they were burned in the fire which occurred in these archives. Imploring your Majesty’s order that the pre-eminence and prerogative be reserved and observed as with the title of all the other courts and marquises of Castile, and also in consideration of the services rendered by the Governor his uncle, and other Generals of the Indias who were members of his house. Having seen in the Council of the Indias the petition and letters patent of nobility, and considering the great services done by Pedro Menendez de Aviles in the conquest of Florida as well as in other positions of trust where he has acted with so much valor as to deserve that his King Felipe the Second should have voluntarily given him the title of Governor, and that his successors continue to occupy positions as Generals—his house having spread such glory and honor as to be noted, it has seemed well that your Majesty should grant the petitioner the title of Castile, that he may enjoy the honors he so well deserves as a reward for his many and remarkable services. Your Grace will command that which is most deserved.
Madrid, November 28th, 1671.
Sire:
By Cedula of January 20th of this year, your Majesty commands me to give information regarding the designs of the English enemy. Also of the discovery of the South Sea by the four vessels which sailed through the Strait of Magellan, from which I had news that they arrived at Baldivia dismantled. A German Captain was in command. He showed great zeal in serving you. He gave a long account of the Viceroy of Peru, and what he intended doing. The Government Places under my charge are the Garrison of St. Augustine, Harbour and Port of Apalache and the river St. Catherine, a frontier of St. Elena, where the English enemy are at present; a few other less important harbours, all of which I desire to have guarded as by your orders I am obligated.
As regards this Garrison, head of this Province, and the state of the Fortification which is being built and the designs of the English enemy and the overtures made by them. This being a frontier of the Province of Guale where I have stationed some infantry to watch the movements and intuitions of the enemy, and where they could detain them, while I sent aid and as strong a reinforcement as possible. It seems the proper thing for us to have sufficient troops there to impede the approach of the enemy on this Garrison and place sentinels all along to notify should they approach by land or sea. As to the Province of Apalache which falls almost in the bosom of Mexico, I am sure it is a place of no less importance than this Garrison, rather I should say more so, being thickly settled and reached by land from all the Provinces far as New Mexico, and all others still to be discovered far as the Strait of David, of which the German Captain discourses at such length in his statement. Besides, it is a fertile land, and much longed for by the enemy as it is noted for its agriculture, for which cause it should be well settled and fortified, its Harbour should have a good fort and at least one hundred infantry who could at any rate give the English enemy some trouble to occupy it or set foot in said Province. This should be done to prevent any damage, not alone in the Province, but to vessels plying the Mexican path. I implore you to look into the matter with the care and attention the case requires. So far as I am concerned, I have made every effort in my power to secure and protect it. I shall try to push this building through rapidly, that I may go and reconnoitre that Province, carrying with me the military engineer, Ygnacio Daza, who resides in this Garrison, that he may point out what is needed at present. I implore your Majesty most earnestly to look with pious pity upon your Royal Provinces and send all the assistance you can to complete this building and the other works of which this Garrison stands in such need, lacking all the means of protection by which we can serve your gracious Majesty.
May God spare you for many years.
Manuel de Mendoza.