Part 5

_Head of the process._ In the city of Manila, November twenty-one, one thousand six hundred and thirty-five, Licentiate Manuel Suarez de Olivera, auditor-general of war, declared that it had come to his notice that although the governor and captain-general of these islands had ordered that no corporal at the gates of the city should allow Licentiate Don Pedro de Monrroy to enter this city, Alferez Don Francisco de Rivera, corporal at the gate of Santo Domingo, with three soldiers had allowed him to enter into the said city contrary to the said order. In order that he might chastise the aforesaid corporal and the others who appeared to be guilty, the auditor ordered the said complaint to be entered, with a process according to military usage, and that the witnesses should be examined according to the tenor of it. Thus did he enact, and he affixed his signature.

Licentiate Manuel Suarez de Olivera

Before me: Juan Soriano, notary-public.

Then the said investigation passed to the said auditor-general, who caused Domingo de Ayamonte, who has been alferez and is a soldier of the company of the master-of-camp, to appear before him. I, the present notary, received from him the oath in due form of law before God our Lord, and with the sign of the cross; and under that obligation he promised to tell the truth. Being questioned, in accordance with the head of the process, he declared that he was a witness of what occurred. He declared that in regard to the said order contained in the head of the process, he did not know it, and that he had not stood guard in this city or in any other place, as he had but lately come from the island of Hermosa. What this witness saw was, that while he was seated outside the gate of Santo Domingo he heard a noise on the part of the wall inside the city, and that some person was calling out to the guard. Upon going to see who was calling, and hastening to take part in whatever might arise, he found that the one calling was Alferez Don Francisco de Rivera, the corporal; and that the friars of St. Dominic and three of St. Francis were leading him a lively dance, dealing him many knocks and blows with their fists. After the noise had subsided, this witness asked what the matter was; and some soldiers whom he does not know told him that they had the order mentioned in the said head of the process, and that the said Don Pedro had entered clad as a religious of St. Francis. This witness knows nothing else, nor what soldiers were at the gate; for, as he has but recently arrived, he knows no one. He declared this to be the truth, on the oath that he has taken, and affirmed and ratified it, and declared that he is fifty years old and competent to be a witness. He did not affix his signature, as he could not write. The said auditor-general signed it.

Licentiate Manuel Simrez de Olivera

Before me: Juan Soriano

In the city of Manila, on the said day, November twenty-one, one thousand six hundred and thirty-five, the said auditor-general caused Pedro Gutierrez, a soldier of the company of the master-of-camp, to appear before him for the said proof. I, the present notary, received from him the oath in due form of law, before God our Lord and with the sign of the cross; and under that obligation he promised to tell the truth. Being questioned, in accordance with the head of the process, he declared that what he knows and what passes is as follows: On this the said day, after nightfall, and while the witness was on guard with the corporal, Alferez Don Francisco de Rivera, at the gate of Santo Domingo of this said city; at that time there were two Dominican religious outside the gate and two others on the inside--lay brothers of the said order; and at the same time a small champan, with three other religious of St. Francis, arrived. Having disembarked, they asked for a jug of water; and answer was given them to enter the city and drink. While they were entering the city by the said gate, the said alferez and corporal thought that one of the said Franciscans was walking somewhat as if he wished to be unknown. Recognizing him, he began to call out to the guard and to lay hold of the Franciscan. The witness, having hastened, saw many religious who were fighting the said corporal and the other soldiers with their fists. They did that with this witness, for they gave him many blows and tore his jerkin and shirt from him, showering many insulting words upon this witness and the others. At this juncture he heard the said corporal say that Don Pedro de Monrroy was one of the said friars who was clad in the habit of St. Francis. This witness knows that the order contained in the said head of the process was given to him and the others at the said gate, so that they might not allow the said Don Pedro de Monrroy to enter thereby. This witness saw that two of the three Franciscan religious who came in the said small champan, and entered this city, tried to go out, and that one of them was left inside. All the above is the truth, on the oath that he has taken. He affirmed and ratified his deposition, and declared that he is forty years of age and competent to be a witness. He signed the above, together with the said auditor-general. Further this witness who has made his deposition declares that he saw that a crowd of Dominican friars came out, by a little bridge which extends to the guardhouse, and joined the others whom he had mentioned; and these latter are the ones who maltreated the said corporal and the other soldiers. He affirmed that, etc. This witness believes that even if they had had many more soldiers, they could not have resisted the said religious, because of the great force with which they defended the said Don Pedro de Monrroy.

Licentiate Don Manuel Suarez Olivera Pedro Gutierrez

Before me: Juan Soriano, notary-public.

In the city of Manila, on the said day, November twenty-one, one thousand six hundred and thirty-five, the said auditor of war caused Manuel de Campos, a soldier of the company of the master-of-camp, to appear before him for the said investigation. I, the present notary, received from him the oath in due form of law, before God our Lord, and with the sign of the cross; and under that obligation he promised to tell the truth. Being questioned as to the tenor of the process, this witness declared that what he knows and what occurred is as follows: He knows that the order contained in the head of the process was given at the gate of Santo Domingo. On the above date, after nightfall, as he was at his post, and with orders from Alferez Don Francisco de Rivera, the corporal at the said gate, there were at that time, outside the said gate three Dominican religious and one secular, and inside one Dominican lay brother. At that juncture came a small champan with three religious of St. Francis aboard, who joined those others who were outside; and all together began to enter by the said gate--the two Franciscans, and one muffled in his mantle. The said commandant came up and looked sharply at the one who was muffled up in the said mantle, saying to him, "I pray you, Father, to uncover." The latter answered, "He who meddles in this is a base villain;" and, lowering his head, the said commandant recognized the said Pedro de Monrroy. Seizing him, he called out, "Ho, the guard!" This witness hastened to him, and laid hold of the friar whom the said corporal had seized. At that same instant, the father guardian of Dilao gave him a blow; while many other friars, who were behind the gate which leads to the convent, charged down upon the said corporal and this witness, and dealt them many blows--dragging them even to the doors of the church, and saying many insulting words to them, telling them that they were excommunicated rogues, who were committing a very great outrage against the Church. Things were in that condition when the said corporal ordered that witness to go to report to the sargento-mayor; and he did so. The above is the truth, on the oath that he has taken. He affirmed all the above, and declared that he is thirty years old, and competent to be a witness. He signed it, together with the said auditor-general:

Licentiate Manuel Suarez de Olivera, master-of-camp. Juan Soriano, notary-public.

In the said city of Manila, November twenty-one, one thousand six hundred and thirty-five, the said auditor-general caused a [certain] man arrested for this complaint to appear before him, in order that he might take his deposition. I, the present notary, received the oath from him in due form of law, before God our Lord and with the sign of the cross and under that obligation he promised to tell the truth. Being questioned, he stated and declared the following. Being asked his name, his age, and his calling and why he is arrested, he stated and declared that his name is Don Francisco de Rivera y Oseguera; that he is a soldier of the company of Don Lorenzo de Olaso; that he is twenty-nine years old; and that the reason for his arrest was that, having entered this day to guard the Parian, this deponent went as corporal to guard the gate of Santo Domingo, with orders not to allow Don Pedro de Monrroy to enter by the said gate. While he was at the said gate, and three Dominican religious were outside of it, and inside it one, at that juncture arrived a small champan, with three religious of St. Francis. They and the others started to enter the said gate, all with their faces covered. In the midst of them was a Franciscan friar muffled in his mantle. On that account this deponent was mistrustful, and going to him said: "I pray you, Father, to uncover." Thereupon the father shrank further within his mantle, but the deponent, going nearer, recognized that it was Don Pedro de Monrroy, who was disguised as a Franciscan friar; and this deponent, grappling with him, called out for the guard. Thereupon, one of the said religious attacked the said Don Francisco, and shoved him about, and struck him. And after the said [Franciscans] came many other Dominican religious, who came out of their convent (which is near the guardhouse); and they began to drag this deponent and the other soldiers to the door of the church. That made the soldiers let go of the said Don Pedro de Monroy; for, even had there been many more soldiers, the religious would have taken him away, as there were many of them, and they came headlong to the encounter. He had a report of all the above made to the sargento-mayor. This, and naught else, is the cause of his arrest; and this is his answer. This deponent being asked whether he saw the disembarkation of the said Don Pedro de Monrroy from the champan, and whether he knew that he was coming disguised as a Franciscan friar before he entered the gate, he declared that he did not know it, as night had already fallen; for if he had known it before his arrival at the said gate, he would have prevented his entrance or have shut the gate, and have tried with all his might to obey the order given him. And he would have done that, had not the said friars hastened to him. He stated that he recognized the said Don Pedro de Monrroy only as he was about to enter the said gate in the guardhouse, after which succeeded the aforesaid incidents. This is his response.

Being asked whether he knows the gravity of the offense which he commits who breaks any military order, this deponent declared that he knew it; but that he kept the said order to the utmost, and no more, because the emergency that he has related occurred. This is his response.

Being asked whether he knows and recognizes that the said religious were aided by any secular persons in getting the said Don Pedro de Monroy inside the gate, he declared that he had not seen or recognized any secular persons except the said soldiers, his companions, who aided him, and the said religious. This is his response.

Other questions were asked and brought forward touching the matter; but to all he answered that which he has declared as above, under obligation of the oath that he has sworn. He affixed his signature, together with the auditor-general.

Licentiate Manuel Suarez de Olivera Don Francisco de Rivera y Oseguera

Before me: Juan Soriano, notary-public.

[The following is contained in the documents enclosed, in another letter of like date with the above letter (also by Corcuera to the king, and which will be given, _post_), and gives details omitted by the present document.]

_Act._ In the city of Manila, November twenty-two, one thousand six hundred and thirty-five, Licentiate Manuel Suarez de Olivera, auditor-general of the war department of this royal camp, declared that it is advisable, for the greater justification of this complaint, to make investigation among the persons who were about the guardhouse at the gate of Santo Domingo of this city, in order to ascertain and find out more fully what happened last night at the said gate, by examining more of the witnesses who were present or who knew something of the aforesaid; and that the present notary should record the results as a testimony in this cause, so that it might be apparent for all time. Thus did he enact and order, and he signed the same.

Licentiate Manuel Suarez de Olivera

Before me: Juan Soriano

_Testimony._ In fulfilment of the above act, I, Juan Soriano, notary-public, one of the registered notaries of this city of Manila, in the Filipinas Islands, for the king our lord, attest and assert truthfully to those who may see these presents that on this day of the above date, at the hour of ten in the morning or thereabout, I, in company with the said auditor-general, went to the gate of Santo Domingo of this said city, where there is generally a guardhouse of soldiers. I made an investigation among the persons near the said gate, and asked them whether any of them were present at what is contained in these records, and which happened at this gate last night, which is reckoned the twenty-first of this month. No one was found who could tell me anything about the aforesaid; and I gave the present because of what is contained in the commandment of the said auditor-general. Given in the city of Manila, November twenty-two, one thousand six hundred and thirty-five. Witness, the said constable, Francisco Gutierrez. I seal it in testimony of the truth,

Juan Soriano, notary-public.

_Act of accusation and proof_. In the city of Manila, November twenty-two, one thousand six hundred and thirty-five, [14] Licentiate Manuel Suarez de Olivera, auditor-general of the war department of this royal camp, declared that having examined this complaint and the verbal process and investigation of it, he would charge--and he did charge--the said alferez Don Francisco de Rivera with what has resulted against him from the said verbal process; and that he would immediately receive--and he did receive--this suit and complaint and the parties to it, for proof within the time-limit of the two days next following, common to the said parties, with all responsibility of publication and direction, and all the rest, with citation. Within that time, they may prove and investigate whatever is expedient for them, and be cited in due form for sentence. Thus did he enact and order, and he signed the same; and the witnesses of the verbal process shall be notified before the said auditor-general, etc.

Licentiate Manuel Suarez de Olivera

Before me: Juan Soriano, notary-public.

_Notification_. In the city of Manila, November twenty-two, one thousand six hundred and thirty-five, I gave notice of the above act of proof, according to its contents, to Alferez Don Francisco de Rivera, in his own person. He declared that he has no more proof to give than what he has given already; for, when the affair occurred, there were no other witnesses than the soldiers his companions, who have told and sworn the truth of what occurred. He gave the above as his reply, and I attest the same.

Juan Soriano, notary-public.

_Ratification_. In the city of Manila, November twenty-two, one thousand six hundred and thirty-five, the said auditor of war caused Pedro Gutierrez, a soldier of the company of the master-of-camp, to appear before himself. I, the present notary, received an oath from him in due form of law, before God our Lord and with the sign of the cross. He promised to tell the truth, and, under that obligation, his testimony and the deposition that he made last night, the twenty-first of this month, before Licentiate Manuel Suarez de Olivera, auditor-general of war, and before me, the present notary, having been read and shown to him, he, having understood and read it word for word, declared that all therein contained, exactly as it is written and testified, was declared and asserted by him; and that the signature at the foot is in the hand and writing of this witness, and he recognizes it as such. If necessary, he again declares it in this plenary act, and he affirms and ratifies it in every point. He affixes his signature, and declares that he is forty years old, and competent to act as a witness. It is signed by the said auditor,

Licentiate Suarez Pedro Gutierrez

Before me: Juan Soriano

[A like declaration is received from the soldier Martin de Campos.]

_Act._ In the city of Manila, November twenty-five, one thousand six hundred and thirty-five, Licentiate Manuel Suarez de Olivera, auditor-general of the war department of this royal camp, having examined this complaint which he made officially, for the royal justice of war, against Alferez Don Francisco de Rivera, in regard to his allowing Don Pedro de Monrroy to enter the gate of Santo Domingo of this city, while he was corporal at it, in violation of his orders from the governor and captain-general, Don Sebastian Hurtado de Corcuera, to the effect that he was not to allow him to enter this city, etc., said that in consideration of what had been recounted by the investigation of this cause, the said alferez was not guilty in regard to the said entrance. On the contrary, he had done everything in accordance with his obligation to keep the said order. The auditor said that he declared--and he did so declare--the said alferez to be free and acquitted from the said charge; and said that he had done what his duty demanded in the fulfilment of his order, as a faithful soldier. By this act so did he enact, and he signed the same.

Licentiate Manuel Suarez de Olivera

Before me: Juan Soriano, notary-public.

Remission in testimony of truth. Juan Soriano, notary-public.

Fees gratis.

[An attestation of the authenticity of all matters that pass before Juan Soriano, dated November 29, 1635, [15] and signed by three notaries, follows.]

Sire: