Part 12
It was also a law that for the first theft the penalty was a fine in money, and for the second, slavery; for further offenses, it was death. Or if pardoned, as described above, he was made a slave, with his wife and children. This punishment did not apply to the son who proved that he was outside the house--whether he dwelt in a house of his own or lived with relatives on an independent footing; and therefore he was free. Only those who lived in the house of the delinquent were liable to punishment, because they all were suspected of knowledge of the theft.
There was also a law that anyone who spoke disrespectfully of a chief, or uttered abusive language to him, was liable to death. If he could redeem his life, a fine of fifteen taes of gold was imposed. If he did not have the means to pay and relatives did not contribute to ransom him, and the delinquent begged for mercy, saying that then he would become a slave, his life was spared, and he became the slave of the injured party. For this reason the penalty of a fine was available for him who possessed wealth. If the quarrel were between persons of equal rank, the chiefs settled the matter according to justice and their laws, and the like penalty was imposed. If the delinquent refused to pay according to this sentence, war was declared between the villages or the factions. Hostilities then followed; and from that time those who were captured were enslaved.
_One may be released after paying the sum decreed; until then he is a slave._ It was a law that if, when two timaguas were together, either of them insulted the other, he must pay a sum of money according to the nature of the insult, which was decided by the judge. If the insult were a gross one, the fine was large accordingly; and if the culprit had not the means to pay more than five taes, he became the slave of the injured person. If the delinquent begged from the chief or some other friend the favor of lending him the money, he became the slave of him who loaned the money. This slavery extended only to the culprit, and not to his children or relatives, except to children who were born during his slavery.
It is usual among the natives of this island to aid one another with money-loans. He who borrowed from a chief or a timagua retained the money until a fixed time had elapsed, during which he might use the money that was lent to him; and besides, he divided with the lender the profit that he made, in acknowledgment of the favor that he had received.
It was a law that if he who borrowed the money became insolvent, and had not means to pay his debt, he was considered a slave therefor, together with the children born during his slavery; those already born were free.
It was a law among these people, when two men formed a business partnership in which each placed the same amount of money, that if one of them went to traffic with the money belonging to both, and while on a trading journey were captured by enemies, the other man who remained in the village must go to ransom his partner, with half of the ransom-price agreed upon; and the captive was then released from liability--not only for what was due to the partnership, but for the amount which was afterward given for his ransom, and was not obliged to pay anything. If the man who lost the money lost it in gambling, or by spending it with women, he was obliged to repay to the partnership the amount which he had drawn therefrom, and he and his children were obliged to pay it. If the amount were so great that they could not pay it within the time agreed upon, he and half his children would become the slaves of the partner. If there were two children, one was a slave and the other was free; if four, two were slaves, and two free; and so on with any larger number. If the children were able to pay their father's debt afterward, they were set free.
It was a law that he who killed another must die; but if he begged for mercy he would become the slave of the dead man's father, children, or nearest relatives. If four or five men were concerned in the murder, they all paid to the master of the slave the price which the slave might be worth; and then the judge sentenced them to such punishment as he thought just. If the men had not means to pay the fine, they became slaves. If the dead man were a timagua, the penalty of death was incurred by those who were proved to be his murderers; but if the condemned men begged for mercy they became slaves. Accordingly, after they were sentenced the culprit might choose between death and slavery. If the man slain were a chief, the entire village where he was slain must, when that was proved, become slaves, those who were most guilty being first put to death. If the murderers were private persons only, three or four of the most guilty were put to death, without any resource in mercy; and the rest, with their children, became slaves.
When any person entered the house of a chief by night, against the will of the owner, he incurred the death penalty. It was their custom that when such an offender was caught he was first tortured, to ascertain whether any other chief had sent him. If he confessed that he had been thus sent, he was punished by enslavement; and he who had sent him incurred the death penalty, but might be released therefrom by paying a certain amount of gold for the crime.
He who committed adultery was, if he were one of the chiefs, punished with death; the same penalty was inflicted upon any man who was caught with the concubine of a chief. Similarly, the husband might kill the adulterer, if caught in the act. If perchance he escaped by flight, he was condemned to pay a fine in money; and until this was done there was enmity between the two families concerned. The same law was in force among the timaguas.
This relation was written by order of the governor of these islands.
_Miguel de Loarca_ of the town of Arevalo.
was also one of the first, among those who came to these islands, who showed any curiosity regarding these matters; and therefore I consider this a reliable and true account.
[_Endorsed at end_: "A memoir regarding the peculiarities of these islands, written in obedience to a decree of his Majesty. To the royal Council of the Indies."]
[_Endorsed on outside wrapper_: "Relation of the Filipinas Islands, their discovery, the Spanish settlements, the usages and customs of the natives, their religion, etc.; written, in virtue of a royal decree, by Miguel de Loarca, a citizen of the town of Arevalo, one of the earliest conquerors and settlers." _A similar endorsement is written on the inside cover of the MS_.]
LETTER FROM DOMINGO DE SALAZAR TO FELIPE II
Royal Catholic Majesty:
After having written the letters and memoranda which are going to your Majesty, there came some neighboring Indians to this city, who begged me to make known to your Majesty the contents of their testimonial. A few days afterward I told certain of them that they should decide what they wished, and that I would write to your Majesty concerning them--as your Majesty is a most Christian king who considers well their interests, and has commanded that they be well-treated, and will order punishment for those who maltreat them.
On the same day, some of the most prominent Indians came, and with them more than forty others from the neighboring villages. They asked from me the things that I have stated elsewhere; and I certify to your Majesty that, if all that they said could be written in this account, it would be but little shorter than the other one which I am sending to your Majesty. Without doubt it would break your Majesty's heart if you could see them as they are, and how pitiable are their appearance and the things that they relate.
Another day there came chiefs from other villages to say the same and much more. Today ten or twelve chiefs have come to see me from a province called Mauban, which belongs to your Majesty. They are all heathen, and told me that they had learned that I wrote to your Majesty in their behalf. They asked me to remember them also. I did not wish to admit more than what was said by those who came first, as it would make a disturbance in the land, should they all come here to complain. Your Majesty will be pleased to command that their case be considered, and provision made for them. I can do nothing, save to deplore it, and to beseech your Majesty for the remedy. Manila, June twenty, 1582.
_Fray Domingo_, Bishop of the Felipinas
In the city of Manila, on the fifteenth day of the month of June, of the year one thousand five hundred and eighty-two, before the very illustrious Don Fray Domingo de Salasar, first bishop of these islands and a member of his Majesty's council, and in the presence of me, the secretary undersigned, there appeared certain Indians who spoke through Francisco Morantes and Andres de Cervantes, interpreters of the Moro tongue. They declared themselves to be Don Luis Amanicaldo, Don Martin Panga, Don Gabriel Luanbacar, and Don Juan Bautangad, Christians; and Salalila and Calao Amarlenguaguay, heathen; and Doña Francisca Saygan: all chiefs of the villages of Tondo and Capaymisilo; and many other chiefs. Through the interpreters, they said that they had learned that by this ship which is about to depart for Nueva España, his most reverend Lordship was to write to his Majesty. As they were suffering so many injuries, grievances, and vexations, as is well-known to all, they humbly begged that he be so kind as to inform his Majesty thereof in detail, in order that his Majesty, after having learned of their afflictions, may be pleased to remedy them. They were then asked what things they desired to be especially placed before his Majesty's consideration, and to declare the same. They replied that the injuries which they suffer, and which ought to be redressed, are those inflicted by the alcaldes-mayor. Much trouble is caused them by these officials, as within three leagues there are four alcaldes-mayor and their officers, who inflict serious penalties for light offenses. They take at their own price the rice of the Indians, and afterward sell it at a very high rate, doing the same with all other articles of provisions and agricultural products. Furthermore, they oblige the Indians to act as their oarsmen, whenever they wish. If they return from an expedition which has lasted a month, they are told straightway to prepare for another, being paid nothing whatsoever; nevertheless in every village assessments are levied upon the natives, for the payment of those who go on such service. If at any time they are paid, it is very little, and that very seldom. Because of the many acts of oppression which they have suffered, many Indians have now abandoned Tondo, Capaymisilo, and other villages near this city of Manila. They have gone to live in other provinces, which has occasioned much damage and loss to the chiefs. Out of the three hundred Indians who were there, one hundred have gone away, and the said chiefs are obliged to pay the tribute for those who flee and die, and for their slaves and little boys. If they do not pay these, they are placed in the stocks and flogged. Others are tied to posts and kept there until they pay. Moreover, they dig no gold, for the officials oblige them to pay the fifth. If they do not make a statement of their gold it is seized as forfeited, even when it is old gold; and the gold is not returned to them until after payment of a heavy fine. They do not wish to let the alcaldes-mayor buy rice, because they all hoard it. If the natives come to complain of their grievances to the alcaldes-mayor alone, they are imprisoned and thrown into the stocks, and are charged with prison-fees. Their afflictions and troubles are so many that they cannot be endured; and they wish to leave this island, or at least to go to some encomienda of a private individual. In the said villages of the king they cannot endure the alcaldes-mayor.
_Fray Domingo_, Bishop of the Filipinas _Andres de Cervantes_ _Francisco Morante_
Before me: _Salvador de Argon_, secretary
LETTER FROM JUAN BAPTISTA ROMAN TO THE VICEROY
Most Illustrious and Excellent Sir:
I do not know whether the letters with new information which the governor is writing today will arrive in time to go on this ship, which has been despatched to this port of Acabite; so I wish to give your Excellency notice of what is going on. Yesterday--St. John's Day--in the afternoon, there arrived six soldiers who had gone with Captain Juan Pablo de Carrion [19] against the Japanese, who are settled on the river Cagayan. They say that Juan Pablo sailed with his fleet--which comprised the ship "Sant Jusepe," the admiral's galley, and five fragatas--from the port of Bigan, situated in Ylocos, about thirty-five days' journey from Cagayan. As he sailed out, he encountered a Chinese pirate, who very soon surrendered. He put seventeen soldiers aboard of her and continued his course. While rounding Cape Borgador near Cagayan one fair morning at dawn, they found themselves near a Japanese ship, which Juan Pablo engaged with the admiral's galley in which he himself was. With his artillery he shot away their mainmast, and killed several men. The Japanese put out grappling-irons and poured two hundred men aboard the galley, armed with pikes and breastplates. There remained sixty arquebusiers firing at our men. Finally, the enemy conquered the galley as far as the mainmast. There our people also made a stand in their extreme necessity, and made the Japanese retreat to their ship. They dropped their grappling-irons, and set their foresail, which still remained to them. At this moment the ship "Sant Jusepe" grappled with them, and with the artillery and forces of the ship overcame the Japanese; the latter fought valiantly until only eighteen remained, who gave themselves up, exhausted. Some men on the galley were killed, and among them its captain, Pero Lucas, fighting valiantly as a good soldier. Then the captain, Juan Pablo, ascended the Cagayan River, and found in the opening a fort and eleven Japanese ships. He passed along the upper shore because the mouth of the river is a league in width. The ship "Sant Jusepe" was entering the river, and it happened by bad fortune that some of our soldiers, who were in a small fragata, called out to the captain, saying to him: "Return, return to Manila! Set the whole fleet to return, because there are a thousand Japanese on the river with a great deal of artillery, and we are few." Whereupon Captain Luys de Callejo directed his course seaward; and although Juan Pablos fired a piece of artillery he did not and could not enter, and continued to tack back and forth. In the morning he anchored in a bay, where such a tempest overtook them that it broke three cables out of four that he had, and one used for weighing anchor. He sent these six soldiers in a small vessel to see if there was on an islet any water, of which they were in great need. The men lost their way, without finding any water; and when they returned where they had left their ship they could not find it. They met with some of those Indians who were in the galley with Juan Pablos, from whom it was learned that Juan Pablo had ascended the river two leagues and had fortified himself in a bay; and that with him was the galley, which had begun to leak everywhere, in the engagement with the Japanese. The Indian crew was discharged on account of not having the supplies which were lost on the galley. Most of these men went aboard the "Sant Jusepe." They said that the Japanese were attacking them with eighteen _champans_, [20] which are like skiffs. They were defending themselves well although there were but sixty soldiers with the seamen, and there were a thousand of the enemy, of a race at once valorous and skilful. The six soldiers came with this news, and on the way they met a sailor who had escaped from a Sangley ship which had sailed from here, with supplies of rice for Juan Pablo. He says that the Sangleys mutinied at midnight and killed ten soldiers who were going with it as an escort, who had no sentinel. This one escaped by swimming, with the aid of a lance that was hurled at him from the ship.
Moreover, I have just detained some passengers who were going on this ship, because there are no troops on these islands, and a hundred soldiers have to go immediately as a reenforcement, although the weather is tempestuous. I expect to be one of them, if the governor will give me permission.
These enemies, who have in truth remained here, are a warlike people; and if your Excellency do not provide by this ship, and reenforce us with a thousand soldiers, these islands can be of little value. May your Excellency with great prudence provide what is most necessary for his Majesty's service, since we have no resource other than the favor your Excellency shall order to be extended to us.
The governor was disposed to send assistance to the ship, which was a very important affair; but after these events he will not be able to do it, because there do not remain in this city seventy men who can bear arms. May our Lord guard the most illustrious and excellent person of your Excellency and increase your estate, as your Excellency's servants desire. From Cabite, June 25, 1582. Most excellent and illustrious sir, your servant kisses your Excellency's hands.
_Juan Baptista Roman_
LETTER FROM PEÑALOSA TO FELIPE II
Royal Catholic Majesty:
By this ship, which is to leave these islands on the last of June of this year, I am giving your Majesty a full account of the condition of affairs and events in this region. As it was about to sail news came of the fleet--which, I wrote among other things, I had despatched to effect a settlement in Cagayan--and of the punishment and resistance of the Japanese pirates, of whose coming we had news this year. The fleet sent by me, as above stated, met two vessels of the enemy near Cagayan, one of Japanese and the other of Sangleys; an engagement ensued, and those vessels surrendered after a fierce fight, in which two hundred Japanese, among them the commander of the fleet and his son, were killed, while we lost only three soldiers.
Juan Pablo de Carrion, whom I sent as my lieutenant-general in charge of this fleet, continued his journey, and entered the Cagayan River, where he was to make a settlement. At the entrance of the river he found six more Japanese vessels belonging to the fleet of those which had surrendered. There was also a goodly number of people there, and fortifications. On account of his lack of men--a severe storm having driven out to sea the flagship, which he took on this expedition--he did not sack these forts, but attempted only to enter the river. This he did, going up about six leagues, where he made a settlement in a place where he could erect a fort, whence he could direct offensive and defensive warfare against the enemy. This news came yesterday; and with all possible despatch I am sending reënforcements, boats, ammunition, and the provisions necessary. I considered it so needful to employ the soldiers for this purpose, because too small a force remains to me for the aid of Maluco, as I have written, since that undertaking is so important. However if they send from that place to beg aid, I shall give it with what forces I can. For I suffer a great lack of men and other things because no reënforcements have been sent me from Nueva España, although I have implored them. This land suffers from a constant and pressing need of reënforcements, on account not only of its unhealthful climate, but of the many emergencies which continually arise when I must send aid. These occasions now are not so much a matter of jest as they have been hitherto; for the Chinese and Japanese are not Indians, but people as valiant as many of the inhabitants of Berberia [Barbary], and even more so. I entreat your Majesty to give careful attention to this, and to order that in all vessels as many men as possible be sent; for it is the key to what is necessary for the preservation of this camp. I beg also that careful attention be given in the other things.
The gratuity for the expenses incurred in these necessary undertakings and for others similar to them, which are thrusting themselves forward every moment--which was provided by your Majesty's auditors of your royal Audiencia of Mexico in the ship arriving at this bay on the twenty-fourth of last month, consisted of a decree and warrant in which they order that Doctor Sande be paid here for the time while he remained here after my arrival, and until his arrival at Mexico. For this purpose they set aside in their decree the tributes which belong to your Majesty, and order that they be attached for this and sent to them--threatening me with imprisonment if I do not comply. I have written to your Majesty already of the poor state of your treasury here and its many pressing necessities, and of the extreme difficulty experienced in raising the amount needful for the same. Will your Majesty please take suitable action in this? for without the aid of what little resources your Majesty possesses here, this colony cannot be preserved. May our Lord guard the Catholic and royal person of your Majesty for mary prosperous years, and give you increase of many kingdoms and seigniories for the good of Christianity. Manila, July first, 82.
[_Endorsed:_ "To the royal Catholic Majesty, King Don Phelipe, our sovereign, through his royal council of the Indies. Governor of the Philipinas."]
TWO PAPAL DECREES
Indulgence Granted to the Dominicans on Their Setting Out for the Philippines
Gregory, Bishop, servant of the servants of God: In perpetual remembrance of the affair.
Since, as we have learned, very vast kingdoms, islands, cities, and towns in the parts of the Western Indias are being converted to the faith of Christ, and daily the light of heavenly learning is beaming on the peoples thereof--who, hitherto unacquainted with the law of God, and under the yoke of the demon, were groping their way in the dark places of unbelief; but now, rejecting the errors of heathenism, are revering and following the name of our Savior Jesus Christ: therefore our beloved son, the master-general of the Order of Preachers [21] [Dominicans], has determined to send thither professed members under the care of their own vicar, with rules for austere life and a reformed standard of conduct--as is becoming to a religious and praiseworthy institute, and according to which their province of New Spain was established--who there may found a new province of their order.
We, on whom through appointment of the Lord it is incumbent to foster the spread of the gospel, desirous of taking part in this duty of preaching the gospel in kingdoms wherein Christ is unknown, desirous moreover to aid, in as faras we can, the pious and religious endeavors of the Friars Preachers--who, with their abandonment of fatherland and their self-denial of comforts, are now exposing themselves to dangers of land and sea for the sake of spreading the name of Christ--therefore, trusting in the mercy of almighty God and the authority of His blessed apostles Peter and Paul, we by our apostolic authority, in virtue of these presents do grant, etc., a plenary indulgence and remission of all their sins to the professed members of the said Order, all and singular, if really penitent and confessed, who by leave or order or mandate of their afore-named master-general shall go to the Philippine Islands.
Given at Rome, at St. Mark's, under the seal of the Fisherman, on the fifteenth day of September, in the year 1582, the eleventh of our pontificate.
Foundation of the Province of the Dominicans in the Philippines
Gregory XIII, Pope. Beloved son, health and apostolic blessing.