city the licentiate Don Antonio de Ribera Maldonado asserted
that he, as the senior auditor, had the right to command in war and
the Audiencia to direct the government, in conformity with the decree
which declares that if the governor shall become unable to perform
the duties of his office, the Audiencia shall govern, and the senior
auditor shall perform the functions of captain-general. With regard to
this the Audiencia determined that the licentiate Don Antonio should
fill the office of captain-general, under certain limitations which
were set, while the governorship should remain as the governor Don
Pedro had left it. If it were necessary to carry out the decree, and
if the chief command in military affairs should have to be given to
the senior auditor, it ought not to be with limitations. Likewise the
Audiencia should assume the functions of the governor. Accordingly,
I give a statement of that which has happened, as I am looking to
the future. An explanation of the said decree is needed to determine
whether, when the governor is absent from the city without leaving
the jurisdiction, he shall have authority to appoint whomsoever he
chooses, or if the decree must necessarily be carried out. The decree
states that, in case the governor thus fails to act, it is necessary
to send a report of the facts to your Majesty, that you may take
suitable measures; and it seems to refer to the event of death. For
deciding this question, it must be considered that it might happen
that the abilities required for the conduct of military affairs would
be lacking in the senior auditor, while they might be found in the
one whom the governor should appoint. From this it will be clearly
seen that for the conduct of military affairs--especially in the
condition in which these islands and the new conquest of Maluco at
present are--it is undesirable not to be provided in this jurisdiction
with a person of much distinction and experience in the conduct of war.
Since your Majesty is at such a distance, and the remedy for
these difficulties must come so slowly, there is no one to correct
certain ecclesiastics. Their superiors sometimes pay very little
attention to the complaints made against them, and hence there
have existed and do exist serious acts of impropriety, especially
among the religious. Since there is no one who has authority to
investigate their cases or to write reports regarding these, matters
are in a most lamentable condition,
|