found against Don Juan Manuel de la Vega, ex-commander of the ships of this line to Nueva Espana (son of Doctor Manuel de la Vega, ex-auditor of this Audiencia), whom, according to the sufficient proof, I ought and do condemn to be beheaded and his head exposed to [public] view, and to the loss of one-half of his property.  Nor is there any necessity, for this [severity], to collect the evidence in the suit brought against him for the loss of the galleon “San Marcos.”  He was commander of that vessel when Don Juan Ronquillo fought with the fleet of these islands against that of the Dutch at Playa Honda.  He appealed from this sentence to the royal Audiencia, where the case is now proceeding—­very slowly, because of the superfluous justification that he is presenting.  This has been an affair where it is desirable to manifest great rigor; for otherwise the other correction that I have tried to apply for the honor and defense of this royal house will not be sufficient.  On the contrary it would be a damaging precedent, so that others might follow similar acts of audacity.  In what pertains to me I shall always endeavor to do justice, although, with these appeals, it is impossible to do it in time, or with the energy that is necessary.  Especially in war, and as is customary in it, is rigor at times necessary, and without any delays.  Much more is it needed in this land than in others, as dissimulation and failure to punish are so usual in it.  Thence result many acts of lawlessness, disobedience, and crime, which inflict great injuries.  To restrict them, punishment is necessary, and without it no good government can result, even in peace, much less in war.

Certain doubts are wont to arise in the matter of jurisdictions, and the Audiencia and I understand differently one of your Majesty’s decrees which treats of those doubts, which was issued at El Pardo, November seventeen, six hundred and seventeen.  In it your Majesty orders that the master-of-camp try all causes, both criminal and military, that touch the soldiers of the presidios, and the ordinary pay of these islands; and also of the others who may not be ordinary soldiers, if they shall have been levied for any purpose and have taken arms in their hands.  The appeals of all are to go to the governor and captain-general.  The Audiencia thinks that that should only be understood in regard to those who may be levied and assigned pay (as if, having that, there would be any difference between the recent and the oldest levies), and not in regard to citizens when (because of the absence of the regular infantry) they take up arms for the guard of the city, or to go out in emergencies, as many are wont to do.  But I can not see how they could be ordered or how they would obey with the punctuality that war demands, if the punishment of offenses, disobedience, and other acts that are criminal in soldiers, were not in charge of the military judges.  In Ytalia and Flandes, the Spanish soldiers have only one judge,