Part 7

All was now confusion in the community, and the friars made innumerable evil and vile reports against the fathers of the Society (who bore these attacks in silence), whenever they had an opportunity. They preached innumerable satires against the same fathers of the Society, and against the judge-conservator, saying that these were bringing in innumerable innovations--all for the purpose of causing a disturbance. As the preservation of peace pertains to me, I one day summoned the superiors of the orders of St. Dominic, St. Francis, St. Augustine, and of the Recollects, and the father commissary of the Holy Office, in your Majesty's name, and by a duly-executed decree of the royal Audiencia. The father commissary refused to come, and sent no excuse. The superiors were told that they were to keep their friars still, so that they might not go about disquieting the community. In regard to those who were most to blame in this--namely, Fray Francisco de Paula and Fray Sebastian de Oquendo of the Order of St. Dominic, and Fray Alonso de Carvajal and Fray Alonso de Ochoa, of the Order of St. Augustine--their superiors were ordered, in your Majesty's name, to cause them to leave the city for some time. But they would by no means obey, for at this time the friars do not recognize your Majesty; and, in order to avoid other troubles, I had to overlook this, and let things go.

At that time I was attending to the despatch to Maluco of the galleons which were to go with the reenforcements. The religious of St. Dominic even allured a pilot whom I had honored and favored, and whom I had chosen to go in the almiranta, so that he should desert with some of them by way of India. I learned of it, and was obliged to arrest him, and to leave orders at the gates not to allow either of the two religious of the Order of St. Dominic, namely, Fray Francisco Pinello and Fray Diego Collado, who were the two implicated in this flight, to leave the city. Therefore, because of this order, they began to assert that I was incurring innumerable excommunications. They do not stop to consider that I have this city and these islands in charge, and that, accordingly, I must conserve them, and look out for them, and issue the advisable military orders that I esteem necessary; and that I could not prevent that damage except by not permitting those religious to leave the walls. In another manner, some other religious incited a goodly number of sailors, who, having received their pay to go to Maluco, fled in a boat called "champan," and laid their course toward India. With them was a secular named Don Francisco Montero, who had been expelled from the religious estate--a restless man, who had been deprived some few months before of the chaplaincy of the seminary of Santa Potenciana, as he was not suitable for that post and served it ill. There was also a Recollect Franciscan friar, named Fray Nicolas de Tolentino, who was angered because his order had not elected him provincial, as he wished; and there was also a friar of St. Dominic. They are said to be about to go to Espana, with the intention of complaining of me to the supreme Inquisition. But the road followed is apt to take them into the hands of the Dutch, or to shipwreck. But in case any such complaint should be carried to Espana, I am informing your Majesty of everything. I also do so that your Majesty may see to what lengths these friars go, and how necessary it is to check them, so that they may not cause similar desertions--which appear outrages, and which are so, to the disservice of your Majesty, as it takes from us the men who should attend to the royal service in the royal fleet.

While affairs were in this condition, and the archbishop refused to give me the protest or libel which was asked from him, and the judge-conservator would not desist from requesting it, as I judged that it was of service to our Lord and to your Majesty for me to interpose my authority and settle affairs, I called a meeting of the four best lawyers in Manila, among whom was the fiscal of this royal Audiencia. To that meeting I summoned the father provincial and father rector of the Society, and the judge-conservator himself. The lawyers read the opinions, over which they had studied for several days. All agreed that the judge-conservator could remove a suspension that he had imposed on the archbishop as a means of getting the said protest or libel from him; as they said that such suspension was condemnatory. [18] For the same reason they said that he could moderate or completely abrogate the pecuniary fines. The fathers of the Society, although they were the ones offended, charitably took the archbishop's part, and favored the opinion of the lawyers, and desired that the archbishop come safely out of the affair. The judge-conservator alone was somewhat harsh, and appeared to agree to nothing of this. But I asked, entreated, and persuaded him, so that he had to agree to it and absolve the archbishop from everything. Thus was the affair completely ended, on January twenty-eight. I went in my coach and took the archbishop to his cathedral. A huge crowd of people assembled there, and there was much rejoicing in the community because of the conclusion of those suits, and because it is believed that your Majesty will consider it well done and to your royal service. However, I am ever on the watch for new disturbances, as the archbishop is naturally inclined to such. Sire, I do not know that the prelates who are clamoring at Madrid are the ones needed here in these islands. Not even for this archbishopric is it advisable that the archbishop be a religious; but he should be some learned secular of exemplary life--one of the many whom your Majesty has in your kingdoms. And I say the same also even for the other bishopries, in so far as that might be possible. For the harmony that should reign in these islands, it is of the highest importance that the prelates be seculars instead of friars; for these latter side with the others and throw everything into confusion, and oppose the governor to the best of their ability. With secular prelates, things will go better, and great harmony will reign. I have reported these litigations so minutely that your Majesty may know the exact truth--if any of the

## parties should write or go there, and try to deviate from the truth

in their relation. May our Lord preserve your Majesty's royal person, as is necessary to Christendom. Manila, the last of June, 1636. Sire, your vassal kisses your Majesty's feet.

Sebastian Hurtado de Corcuera

[The present document is accompanied by the following documents:]

[The act enacted against the Society of Jesus by the archbishop and orders on October 9, 1635, _q.v._ Vol. XXV, pp. 216-219 (and the notarial attestations, _ante_, pp. 72, 73); the letter from the governor to Pedro de Monroy, of October 8, 1635, _q.v.,_ Vol. XXV, pp. 207-208; the reply of the provisor, _q.v., ut supra_, pp. 209-210; the letter from the archbishop to the governor, October 9, 1635, _q.v., ut supra_, p. 221; the governor's reply to the archbishop, _q.v., ut supra_, pp. 221-223 (followed here by notarial attestation of the present copy, made at Cavite, June 26, 1636).]

Don Felipe, by the grace of God, king of Castilla, Leon, Aragon, the two Cicilias, Jerusalem, Portugal, Navarra, Granada, Toledo, Valencia, Galicia, Mallorca, Sevilla, Cerdena, Cordoba, Corcega, Murcia, Jaen, the Algarbes, Algeciras, Gibraltar, the Canarias Islands, the East and West Indias, the islands and mainland of the Ocean Sea; archduke of Austria: duke of Borgona, Bramonte, and Milan; count of Axpurg, Flandes, Tirol, Barcelona, Vizcaya, and Molina, etc.: Inasmuch as Don Pedro de Monrroy proceeded, when provisor of the archbishopric of Manila, against Licentiate Don Francisco de Saavedra Valderrama, auditor of my royal Audiencia and Chancilleria established in the city of Manila, of my Filipinas Islands, on the ground that he had taken the notary, De Vega [_i.e._, Diego?] Soto from the church, where he had taken refuge because of the criminal suit that was being prosecuted against him for the falsehoods and theft with which he is charged in regard to the silver lacking in the wreck of the ship "Sant Nicolas de Tolentino" (he being the notary of that ship), it was ordered that he be restored to the church under penalty of certain fines and censures. Notwithstanding that he appealed in due time and form, and threatened the royal aid against fuerza, and Licentiate Marcos Zapata de Galvez, my fiscal in the said Audiencia (who took part in the cause because of what pertains to my royal jurisdiction), did the same, the person aforesaid [_i.e._, Pedro de Monroy] continued to prosecute the said suit, with greater penalties and censures. Therefore, the said my fiscal presented himself in the said my Audiencia in the said appeal from fuerza. Having examined the acts in the matter, it was decreed by an act, on the seventh of the present month and year of the date of this my letter, that the said provisor was declared to have employed fuerza, and he was ordered to recall and repeal his acts; and the aforesaid [provisor] must freely allow the said appeals before the superior judge, who should annul all that had been done and enacted in prejudice of those appeals. He was to raise and remove the censures and interdicts which had been laid, and absolve those who had been excommunicated. Although he ought, in accordance with law, to obey and observe the tenor of the aforesaid decree, not only did he not do so, but on the contrary, adding fuerza to fuerza, he excommunicated Auditor Don Alvaro de Mesa y Lugo, auditor of the said my Audiencia, with new fines and censures. Therefore, at the petition of the said my fiscal, my first and second letters were issued and despatched by the said my Audiencia as royal decrees, ordering that the tenor of the said act should be observed and kept, under penalty of a fine of two thousand Castilian ducados and deprivation of the temporalities, and of being exiled from my kingdoms. Although he was notified, he always remained rebellious and obstinate against fulfilling it. Therefore, it was declared by a third letter and royal decree, which was issued and despatched on the eighth of the said month and year, that he had incurred the said fine of the two thousand Castilian ducados, exile from my kingdoms, deprivation from all the temporalities that he possesses and enjoys, and exclusion from them. As the said Don Pedro de Monrroy has absented and hidden himself, its execution has not been entirely carried out in regard to expelling him from the country. It is advisable to make the necessary efforts, both that the aforesaid decree may be made public in the said city, and that what has been enacted may be executed. Therefore, the matter having been examined by the president and auditors in the said my royal Audiencia, it was resolved that I ought to order this my letter and royal decree to be issued. By it I order and command that it be proclaimed publicly in the city of Manila, in its public places, that all its citizens, residents, and inhabitants shall consider the said Don Pedro de Monrroy as exiled from my kingdoms; and, as such, that they treat him both in regard to any offices or dignities in which he may be serving, and in all other things regulated by law, as a rebel to my royal mandates; and they shall not receive or conceal him in their houses, or in any other place, nor shall they aid or protect him, so that he may be hidden--under penalty of a fine of two thousand Castilian ducados for my royal-exchequer, to which I shall consider as immediately condemned whomsoever shall do the contrary. Further, they shall be proceeded against by the whole rigor of the law, as against receivers and concealers of persons exiled from my kingdoms, and declared as such. I request and charge the superiors of the orders of this city, and outside the city, and other ecclesiastical person not to admit him into the city under any consideration, with warning that I shall consider myself disserved if such be done, and if more can be done in law, it is ordered to be provided as the most advisable remedy, inasmuch as it is thus fitting for my service, and my authority, protection, defense, and the conservation of my royal jurisdiction. Given at Manila, September twenty-five, one thousand six hundred and twenty-three.

Don Alonso Faxardo de Tenza Doctor Don Alvaro de Mesa y Lugo Licentiate Don Juan de Saavedra Valderrama

I, Pedro Munoz de Herrera, who exercise the office of notary of the assembly of the royal Audiencia and Chancilleria of these Filipinas Islands, caused this to be written by order of the king our sovereign, by the resolution of the president and auditors of that body.

Don Juan Sarmiento Chancellor of Don Juan Sarmiento [19]

This copy is collated with the original royal decree, which is in the possession of Don Sebastian Hurtado de Corcuera, governor and captain-general of these Philipinas Islands. By order of his Lordship, I drew this copy at Manila, October seventeen, one thousand six hundred and thirty-five. Witnesses, Simon Delgado and the accountant, Juan Bautista de Zubiaga. In testimony of truth, I sealed and signed it.

Andres Martin de Arroyo, notary of the royal crown.

We, the undersigned notaries of the king our sovereign, attest that Andres Martin del Arroyo, by whom this copy appears to be sealed and signed, is such royal notary as he has called himself therein. To the writings and acts that have passed, and pass, before him, entire credit has been and is given, in and out of court. So that this may appear, we affix our signatures. Given at Manila, June eighteen, one thousand six hundred and thirty-six.

Augustin de Valenzuela, notary-public. Francisco de Rueda, royal notary. Sebastian Damas, notary of the assembly.

[The act of the commissary of the Inquisition, dated November 26, 1635, presented to the governor and concerning the libelous protest issued by the archbishop and religious (_q.v._, Vol. XXV, pp. 243-244); and the records of the trial and acquittal of Francisco de Rivera _q.v., ante_, pp. 73-86, taken in part from the present document) follow.]

_Act, and head of the process for Captain Juan Dominguez, the pilot._ In the port of Cavite, December twenty-two, one thousand six hundred and thirty-five, General Don Andres Pacheco de Tholedo, lieutenant-governor and captain-general, castellan and chief justice in this said fort for his Majesty, declared that inasmuch as it has come to his notice that Captain Juan Dominguez, who is captain of a company of marine infantry and pilot-in-chief of these islands, has attempted to absent himself from them, and to go in a champan to the kingdoms of Castilla by way of Yndia, without permission of the governor, of all which the said judge has been advised by certain papers without signature that were given to him, and by other circumstantial evidence that he has had: In order that the said crime may be punished, in accordance with the military ordinances, he ordered that an official investigation be made by the department of royal justice, according to military usage and procedure, and that the witnesses be examined in accordance with the tenor of this act and head of the process. Thus did he enact, and he affixed his signature.

Don Andres Pacheco de Tholedo

Before me: Agustin de Balencuela, notary-public.

_Testimony._ In the port of Cavite, December twenty-two, one thousand six-hundred and thirty-five, the said judge summoned before him, for the said investigation, the chief gunner, Daniel Alvarez, an inhabitant of this said port. The oath was taken from him in due form of law, before God our Lord and with the sign of the cross, under which obligation he promised to tell the truth. Being questioned according to the tenor of the act and the head of the process, of this other part, this witness declared that he knows Captain Juan Dominguez, and that what he knows and what occurred is as follows: About twenty days or so ago, Bartolome Martin, an artilleryman, and both a countryman and a friend of this witness, said that Captain Juan Dominguez had communicated with him, and asked him whether he would like to go to Espana by way of Yndia; and, if so, that he would take him also; for he, together with ten or twelve others who were sailors, was going to take a friar of St. Dominic to Yndia. The latter was going to take papers and despatches from the archbishop and the orders in the city of Manila; and they were giving the said Juan Dominguez four thousand pesos for this enterprise. The said Bartolome Martin replied to him: "Captain Juan Dominguez, I am equipped to go to Terrenate, to serve in my post as artilleryman under General Don Guillermo Somante. On my return from the voyage, I think that I shall go to Espana, the same way by which I came. Therefore, I do not care to go." This is what this witness knows, and what he has heard. It is the truth, under obligation of the oath that he has taken, by which he affirmed and ratified it. He declared that he was competent to act as a witness, and that he is forty years old. He affixed his signature, and the said judge signed it.

Daniel Alvarez

[A rubric, apparently that of the said judge, is at the foot.]

Before me: Agustin de Valencuela, notary-public.

Then the said judge immediately summoned Bartolome Martin, an artilleryman, to appear before him for the said investigation, on the said day, month, and year. From him was taken an oath in due form of law before God and with the sign of the cross, under which obligation he promised to tell the truth. Being questioned in accordance with the said act and head of the process, this witness declared that he knows Captain Juan Dominguez; and that about twenty days or so ago, he called to this witness and told him to come to see him, as he had some business to talk over with him. Thereupon this witness went to his house that night, and found him there with Christobal Romero and other persons. This witness waited until they had gone, and then asked the said captain what he wished from him. He replied that he had made arrangements with the fathers of St. Domingo and some other persons (whose names he did not declare) to go in a champan from here to Malaca, and from Malaca to Goa, in order to take some letters from the archbishop and orders of the city of Manila to Espana, written against the governor and captain-general of these islands about the affairs of the judge-conservator. He was to take two friars of St. Domingo in the said champan, who were giving him more than four thousand pesos for that enterprise. He asked the witness whether he did not wish to leave so wretched a country, since the governor was

## acting so harshly toward the men of his calling, whose wages he had

cut down. This witness answered that he did not wish to go with him; and that he was not a deserter, nor in debt, nor was there anything else that should lead him to absent himself. He said that he was now about to go to Terrenate, and that opportunity would not be lacking for him to go to Espana on his return; and then he would not have to go secretly and at such a risk, which might cost him dear. And he went to recount the occurrence, just as it had happened, to the chief gunner Daniel Alvarez (who cites him in his deposition), as they are friends. This is what occurred and is the truth, on the oath that he has taken, on which he affirmed and ratified it. He said that he was competent to act as a witness, and that he is thirty-one years old. He affixed his signature, and the said judge signed it.

Bartolome Martin

[The rubric of the said judge appears at the foot.]

Before me: Agustin de Valencuela, notary-public.

Then immediately on the said day, month, and year, the said judge summoned Jose Martin de Barcelona before him for the said investigation. An oath was received from him in due form of law, before God our Lord and with the sign of the cross, under which obligation he promised to tell the truth. Being questioned in accordance with the tenor of the said act, he declared that he knows the said captain Juan Dominguez; and although it is true that this witness stated that the said captain Juan Dominguez was not to go to Terrenate, he did not say that because he thought that he was going to Yndia, but because it was reported that the royal officials were going to arrest him for a sum of pesos which he owes to the royal treasury. He understands or knows nothing else than what he has declared, and that is the truth, on his oath, on which he affirmed and ratified his statements. He declared that he is competent to act as a witness, and that he is forty-four years old. He affixed his signature to the same, and the said judge signed it.

Jose Martin de Barcelona

[A rubric is seen at the bottom, which is that generally used by the said judge.]

Before me: Agustin de Valencuela, notary-public.

Thereupon, immediately on the said day, month, and year, the said judge summoned Cosme Chacon, an artilleryman, before him for the said investigation. An oath was taken from him in due form of law, before God our Lord and with the sign of the cross, under which obligation he promised to tell the truth. Being questioned according to the tenor of the said act and the head of the process, he declared that what he knows is, that it was said publicly and openly in that port, four or five days ago, or thereabout, that certain persons of the port had told the said judge that Captain Juan Dominguez was trying to absent himself and go to Espana by way of Yndia, for which they had given the judge a letter. This witness has spoken about this same matter, and has no further information than what he has given. He was asked by the said judge whether, some four or five days ago, when the chief gunner of the fort at this port arrested him because he would not attend to the duties of his post, the witness said that the chief gunner's command over him would soon end. He declared that the words contained in the above question are true, but that his meaning in saying them was that his post of artilleryman would soon be exchanged for that of soldier (which is the employment that this witness professes), and that he made the aforesaid remark with no other meaning. This is his answer, and he declared that it is entirely true, on his oath, by which he affirmed and ratified his statement. He declared that he is competent to act as a witness; that he is twenty-seven years old; and that he does not know how to sign the above. The said judge signed it. [At the foot appears the rubric of the judge.]

Agustin de Valencuela, notary-public.