ight 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, namely, the commander of the army; for
although the masters-of-camp judge in the first instance in cases, that
is only exercised by them when away from the commander-in-chief. Will
your Majesty please order this matter to be examined and declare your
pleasure therein; also in what pertains to the soldiers of forts and
the other paid men in them, for I do not know whether your Majesty
has hitherto given the jurisdiction in the first instance to the
castellans by special decree. Likewise I do not know wheth