The Philippine Islands, 1493-1898. Volume 19 of 55. Unknown

Consequently, in order to avoid greater evils that might result to the disservice of your Majesty if his conduct should not be overlooked until your Majesty hears of it, he is allowed to continue his releasing [of prisoners] here during prison inspection, and out of it, at his will, without considering that they are imprisoned by the Audiencia, or the gravity of the crimes, or any other of very weighty circumstances. And so that [it may be seen] that we do not deceive ourselves in attributing to him these excesses in pardoning as being extreme, the same thing occurs in his sentences and punishments. For he thus executes his sentences, however rigorous they be (notwithstanding appeal, and without taking the trouble to present the criminals before the Audiencia), as if he were absolute lord of them, as is said to be the case in Japon. Consequently he follows and lets loose all the passions to which his taste inclines him, just as if he did not have to give account to God and your Majesty.

      One Gregorio de Saldaña, a sailor—against whom was executed a sentence of stripes and condemnation to the galleys, without allowing a report of his appeal to be made to the Audiencia—having presented a certain memorial of the frauds and trickery which he declared had been practiced against the royal treasury and the natives of these islands by the sargento-mayor, Estevan de Alcaçar (brother-in-law of Don Juan de Alvarado, fiscal of this Audiencia, for he had married the latter’s sister), in the building of a galleon under his charge, about which there have been public clamors, an investigation was begun by Auditor Don Antonio Rodriguez, and the said frauds were declared by Saldaña, for which purpose the latter was taken from the galley. The governor took the cause away from the auditor and pigeonholed it,19 without being willing to allow any more investigations to be made upon it. On the contrary, to prevent that, he remanded the sailor from the prison where he was to the galleys, and thus prevented him from obtaining his appeal, as it was a matter that touched the said sargento-mayor—to whom, for himself and for his brother-in-law the fiscal, he has granted permission, as is said, for extortions on the Sangleys in the office of chief warden of the Parián. He has exercised that office for more than a year, succeeding to Gonzalo de Ocampo, who married a cousin of the said fiscal. Ocampo held the said office for two years, and the said sargento-mayor is now sending him as admiral of the vessels about to be despatched to Nueva España, with the title of general for the return trip, without taking his residencia—notwithstanding that he was declared by an edict of Governor Don Juan de Silva to have fallen into condemnation and to have incurred the loss of his encomienda and all of his property, because many others who were prepared for the expedition of Sincapura ran away, in imitation of his example. That edict or proclamation is in force today, for the royal Audiencia alone declared null and void all that which was enacted after the edict. Although the governor has been advised of this in writing, no reparation has been made; for, as it is a matter that touches the fiscal, he defies the laws entirely. A few days ago Juan Cevicos, an ecclesiastic and presbyter, presented to the royal Audiencia a decree of your Majesty directed to the audiencias. In it you prohibit offices of justice to the sons, brothers, or brothers-in-law of auditors and fiscals, under penalty of a fine of one thousand pesos in gold. He petitioned that, in observance of it, the said sargento-mayor Alcazar should not exercise the office of warden of the Parian of the Sangleys, or Don Fernando Centeno,20 general of the galleys, also a brother-in-law of the said fiscal, that of alcalde-in-ordinary of this city. The Audiencia ordered that the decree be obeyed; and that the said governor be informed, so that he might appoint someone to fill the office of the Parián. He was so angered by that, that he expressed himself in unmeasured language; and especially, in the meeting held July 23, did he treat the auditors very harshly, chiding them for having meddled in his government. And inasmuch as they had ordered him by an act to fulfil the said royal decree, [he said] that the Audiencia had exceeded their authority, since such action did not belong to their duties. He told them not to show thereafter similar discourtesy, for he vowed to God that he would proceed against the auditors, and would not allow his office to be taken from him before he had exercised it. He paid no attention to the said royal decree and act, or to the ordinance of the Audiencia that prohibits such appointments, because he [i.e., Fernando Centeno] was an encomendero; there is, besides, another very great objection, namely, that the fiscal his brother-in-law has hitherto been protector of the same Sangleys, until now when he leaves it for the post of admiral. Luis Rivero having appealed from the sentence of death passed by the governor, and orders having been issued by the Audiencia that he should appear to state his case (inasmuch as he had presented himself to the Audiencia), and that the warden of the prison should not deliver the prisoner under penalty of two thousand ducados—of which the warden himself took notice, and refused to deliver him over—the sargento-mayor went with a detachment of arquebusiers and, after taking away the keys from the warden, took the prisoner out by force and executed on him the sentence of death. Auditor Don Alvaro de Messa having proceeded against the warden by commission of the Audiencia, the governor suppressed the case, and handled the auditor with rough speech. Without being ordered by the Audiencia, on his own authority he takes the prisoners from the jail and mans the galleys with them, even though their cases are actually pending at the time in the Audiencia; and it has been impossible to conclude them, notwithstanding that it is the Audiencia that causes all criminals to be taken from jail and placed in the galleys for which authority is granted them. He suppresses the secular offices of justice at will, before their time-limit expires, without awaiting the opinion of the Audiencia, or even communicating the matter to them. He sends out investigators whenever he wishes, although that is the proper business of the Audiencia. He appoints followers and kinsmen to posts of justice, in violation of your Majesty’s decrees. He removed the former reporter, who was exercising that office so that he might be given a post as alcalde-mayor (which was the usual practice), and appointed a reporter without an order from the Audiencia. He does the same with other offices which fall vacant, although the contrary is the custom. In the session of July 23, while vote was being taken upon a certain petition presented by Captain Pedro Alvarez, government and war secretary of these islands—which related the insults put upon him by the governor and the master-of-camp in proceeding against him in a certain cause, which is declared by acts of trial and revision to be outside of the military jurisdiction—and after Auditor Geronimo de Legaspi de Hecheverria had uttered his vote and opinion that a writ of your Majesty should be despatched against the said master-of-camp, since the acts of trial and revision were incorrect, so that in fulfilment of such writ he might be prohibited from trying the cause, under penalty of two thousand ducados and warnings of greater: the said governor replied on the instant, with his usual heat, that he vowed to God that he would choke and skin the throttle of that auditor who should sign such a decree. “Why must he be subject to three licentiates, each one of his own nation, and to have come to such a pass that a bandy-legged graybeard should order him?” At this rate, blustering and snorting, he did and said things that made him seem out of his senses. The said Pedro Alvarez also mentions in the said petition other insults that have been shown him on account of taking away the licenses of the Sangleys and other perquisites of his office; and concludes with requesting the Audiencia to inform your Majesty of what is the truth in this matter. What the Audiencia has to report concerning it is that, besides, the governor and the master-of-camp refused to obey the acts of trial and revision of this Audiencia, in which the said Pedro Alvarez is declared not to be included in the military jurisdiction. Supposing that he were, no guilt results from the allegation with regard to imputing to him the purpose to go from these islands by way of Yndia to España, so that he could be arrested justifiably; and yet he has endured more than one-half year of prison closely guarded, and fearing (not without reason) new annoyances, he has retired into the convent of St. Francis. In respect to the licenses of the Sangleys—which he says should be attended to before him, and states that the governor has taken them away from him—although as yet no further statement than the said petition has been presented to the Audiencia, it appears that Governor Don Juan de Silva declared, by act of November twelve, six hundred and twelve, that the issue of the said licenses (which are given to the Sangleys who remain annually in this city and these islands for their service) was annexed to and pertained to the said governmental office, in accordance with its title; and he ordered that then and thenceforth the issues of these licenses should be made in the said governmental office. In conformity with that order, Secretary Gaspar Alvarez (uncle of the said Pedro Alvarez, by whose resignation the latter succeeded to those offices) countersigned the said