A. D. 1671-1673.
’Tis the judgment of the Court that Pedro Menendez received the title of Governor of Florida by right of conquest, Captain-General and Commander of the Fleet by appointment of the King, Don Felipe, the Second, as well as other positions of trust because of his valor and faithful service and that these titles shall be given to his legitimate heirs and for which same the Don Gabriel Menendez Tarres y Aviles doth petition and it is the judgment of this Court that said titles shall be so conferred—Important papers burned in Simancas—Manuel De Mendoza gives information commanded by his Majesty as to the designs of the English enemy—The discovery of the South Sea by the four vessels sailing through the Straights of Magellan—Condition of this Garrison and fortification and other Provinces implores assistance for completing the work already begun—Report of Francisco De La Guerra y Vega to the King concerning an Englishman taken prisoner while he was Governor—The prisoner was one of a crew who landed in the Province of Guale—The Indians killed seven men, imprisoned three and two women—They proved to be part of company coming over to settle in St. Elena—This man, who was second in authority in the settlement, I detained as a prisoner, putting him on soldier’s rations—He was turned over to my successor upon the expiration of my term of office—An effort was made to break up this settlement upon your Majesty’s soil, without success, however. (1673.)
Judgment of the Court.
The Governor, Don Gabriel Menendez Torres y Aviles, sets forth in the preceding petition that His Highness the King Don Felipe II (whom God grant may come to glory) agrees with the Governor Pedro Menendez y Aviles, Knight of the Order of Santiago, that his uncle, brother of his grandfather, had agreed about the year 1565, that he, the said Pedro Menendez, had to discover all the provinces of Florida, settle and build in them two or three towns, all at his own expense, for which service your Grace granted him the title of Governor of said Province and lands of Florida, with all the privileges and prerogatives that are granted the other Governors of Castile—and that having set sail to accomplish this, and make these settlements with a private galleon of his own, of 900 tons, and many other ships and vessels which he also carried at his own expense and having conquered, as he effectively did, the said Province, and having settled and established two towns in it, which are today flourishing and supplying this crown, even before completion of this conquest. Your Majesty has named him Captain-General of the Royal Fleet which is to be commanded and joined in Santander against the English, commanding him to assist in this military exploit, notwithstanding that he is under obligations in the first place, by the treaty and agreement he had made of discovering all the land of the Province of Florida within the given term of three years counting from the day he embarked and set sail in the Bay of the Port of Cadiz with the fleet he carried for said conquest. Being of the greatest importance the business for which the Royal Fleet was formed and arranged, and while he was preparing and getting it ready, the said Governor Menendez de Aviles died—and by his death the Duke of Medina Sidonia was immediately named Captain-General. Afterwards having been asked on the part of the legitimate heirs of the said Governor Pedro Menendez de Aviles, the accomplishment of all these services which your grant had offered him, it was contradicted by the Attorney-General of this Court—taking advantage of one of said agreements which reads: “That if in the expressed term of three years the Governor Pedro Menendez de Aviles should not have finished and completed in all the said conquest according to agreement, neither your Majesty nor any other Kings, your successors, should be bound to fulfil any of the rewards offered.” For this reason the heirs brought suit against the Attorney-General which was continued. For sentence, by revision of the Court it was ordered to be given to Don Martin Menendez, oldest brother of the petitioner, the title of perpetual Governor of said Provinces, as had been done with his uncle, and besides they were to give him forty thousand ducats of silver.
Withholding the charge of the Indias to augment from the right of succession which his uncle left established, and a fishery in said Province which the said Don Martin should select without any remuneration for the many expenses he incurred in the conquest, Don Martin Menendez having died without issue, or heir to his estate, the petitioner asked they expedite the title of Governor upon him, as it was expedient. Although endeavors have been made in the archives of Simancas to find these papers, they have not been found, and it is said they were burned in the fire which occurred in these archives. Imploring your Majesty’s order that the pre-eminence and prerogative be reserved and observed as with the title of all the other courts and marquises of Castile, and also in consideration of the services rendered by the Governor his uncle, and other Generals of the Indias who were members of his house. Having seen in the Council of the Indias the petition and letters patent of nobility, and considering the great services done by Pedro Menendez de Aviles in the conquest of Florida as well as in other positions of trust where he has acted with so much valor as to deserve that his King Felipe the Second should have voluntarily given him the title of Governor, and that his successors continue to occupy positions as Generals—his house having spread such glory and honor as to be noted, it has seemed well that your Majesty should grant the petitioner the title of Castile, that he may enjoy the honors he so well deserves as a reward for his many and remarkable services. Your Grace will command that which is most deserved.
Madrid, November 28th, 1671.
Sire:
By Cedula of January 20th of this year, your Majesty commands me to give information regarding the designs of the English enemy. Also of the discovery of the South Sea by the four vessels which sailed through the Strait of Magellan, from which I had news that they arrived at Baldivia dismantled. A German Captain was in command. He showed great zeal in serving you. He gave a long account of the Viceroy of Peru, and what he intended doing. The Government Places under my charge are the Garrison of St. Augustine, Harbour and Port of Apalache and the river St. Catherine, a frontier of St. Elena, where the English enemy are at present; a few other less important harbours, all of which I desire to have guarded as by your orders I am obligated.
As regards this Garrison, head of this Province, and the state of the Fortification which is being built and the designs of the English enemy and the overtures made by them. This being a frontier of the Province of Guale where I have stationed some infantry to watch the movements and intuitions of the enemy, and where they could detain them, while I sent aid and as strong a reinforcement as possible. It seems the proper thing for us to have sufficient troops there to impede the approach of the enemy on this Garrison and place sentinels all along to notify should they approach by land or sea. As to the Province of Apalache which falls almost in the bosom of Mexico, I am sure it is a place of no less importance than this Garrison, rather I should say more so, being thickly settled and reached by land from all the Provinces far as New Mexico, and all others still to be discovered far as the Strait of David, of which the German Captain discourses at such length in his statement. Besides, it is a fertile land, and much longed for by the enemy as it is noted for its agriculture, for which cause it should be well settled and fortified, its Harbour should have a good fort and at least one hundred infantry who could at any rate give the English enemy some trouble to occupy it or set foot in said Province. This should be done to prevent any damage, not alone in the Province, but to vessels plying the Mexican path. I implore you to look into the matter with the care and attention the case requires. So far as I am concerned, I have made every effort in my power to secure and protect it. I shall try to push this building through rapidly, that I may go and reconnoitre that Province, carrying with me the military engineer, Ygnacio Daza, who resides in this Garrison, that he may point out what is needed at present. I implore your Majesty most earnestly to look with pious pity upon your Royal Provinces and send all the assistance you can to complete this building and the other works of which this Garrison stands in such need, lacking all the means of protection by which we can serve your gracious Majesty.
May God spare you for many years.
Manuel de Mendoza.
St. Augustine, Fla., Dec. 15th, 1672.
1673.
Your Majesty:
In a letter of Yours of the present month and year, you tell me that seeing in the Council a letter which was received, written in English, it was agreed that I should inform you of what had happened to an Englishman, said to be prisoner in St. Augustine, Fla., where I was Governor. The cause and pretext for making him a prisoner. Complying with what your Majesty asks, I inform you in the following manner:
About the end of May of last year there arrived in one of the ports of the Province of Guale, which belongs to the Christian Indians, an English vessel. Some of the crew having landed in a launch, the Indians of that Province killed seven men, imprisoned three men and two women, then the vessel with all speed turned and went off, not giving time that from St. Augustine, where I was Governor, we should send help to those Ports to aid in imprisoning them. Bringing me these prisoners I ordered that their declaration be taken, at which I was present. They declared that they had come over with vessels to settle in the Port of St. Elena, distant from the Garrison of St. Augustine forty or fifty leagues north. In the month of June of last year there came to the Garrison a soldier with the news that the vessels had returned and entered the same Port, reinforced and with the flag of truce, the captain and four other men had landed and that speaking to a Lieutenant in command of the infantry on guard, they told him how they were establishing a settlement near St. Elena, with two hundred men, and that they came in search of the prisoner, delivering at the same time to the Lieutenant two letters from the Governor of that settlement, written in Latin, in which he asks that the prisoner be delivered, if not, they declared themselves enemies.
With this news I called a general meeting of the Royal Officers and Commanders of the war, from which resulted that all agreed it was the better way to serve God and your Majesty, and secure the quietude of those Provinces, to break up said settlement, and that we should go to work before they fortified themselves and take possession of more land. For this purpose they prepared themselves and equipped three vessels at that time in Port. The Chief in command being appointed by the Board, assigning him a number of warriors to obtain the object for which they went. A storm overtook the vessels and they could not get there in time and so arrived without accomplishing anything. Of the referred to notice, on two or three occasions, it was presented to your Majesty and to the Marquez of Macera, Viceroy of New Spain, always stating what was best to the service of God and your Majesty. To make every effort to dislodge the said settlement, it belonging to the Christian Indians, and they being new to our doctrine, might be easily influenced by the heresies of the English. And although not new to our Holy Faith, we might have the same doubts as they are a variable and roving people. It was advisable for your Majesty’s service that we should dislodge them at that time, that they might not possess themselves of that Province and the interior land, and make themselves owners. It would not be well to have a settlement of a strange Nation on your Majesty’s territory without your orders. From this information I awaited a reply to follow out the Orders from your Majesty and the Viceroy, and that together you would aid me, and with some help, as that Post lacks people, I detained the prisoner, not ill-treating him, in the house of one of his countrymen, allowing him military rations, which is what the soldiers in service have. As I was advised that the prisoner was the second person in authority in that settlement, I placed him under better security, that he might not escape and inform them of the lack of forces in the Garrison, for without doubt knowing it the settlement would come and take possession at very little cost. Just at this time my term of Governor came to an end, without having determined upon a method to work in this affair, I turned all over to the Governor, my predecessor, that he might act as ordered in the reply to my information. This is all that I can tell you regarding the English prisoner. By this the Council will know that I always worked with Christian zeal, trying to stop anything opposed to the increase of our Holy Catholic faith. God preserve you many years.
Francisco de la Guerra y Vega.
Madrid, July 12th, 1673.
