Part 16
It is now three years since certain Franciscan religious left this island to go to China (as your Majesty will already know), without notifying the governor. Now they have determined to do the same thing; the custodian, whose name is Fray Pablo de Jesús, has gone thither with his companions, without saying anything to the governor, for which I am very sorry. For lack of their labors here, many Indians who were already Christians have remained without instruction, which I consider a great disadvantage. But, knowing that God moves the hearts of men (a matter that we cannot understand), I will overlook that. The governor took this with more asperity than I wished, for he sent after them, and the person who went thither treated them very rudely; but finally God ordained that they should arrive at this island. The governor ordered a proclamation to be made (its contents will be seen by the copy of the ordinance which I send to your Majesty), which even to me seems very harsh toward an order of so high character and strict obedience as is that of the discalced Franciscans. I advised the governor not to act with so much severity, but he did not see fit to grant my petition. I have since learned that the same person who went after them treated them very harshly in Pangasinán and Yllocos--perpetrating upon them many acts of oppression, taking away their ship, and refusing to let any one accompany them--which occasioned no little scandal to the Indians. Among other reasons which the religious have given me to justify their departure from here is the sight of the ill-usage which the natives of these islands receive from the Spaniards, especially those who have the charge of justice; and they say that all these are for hindrance, and no one for help. Hence no harvest can be gathered; and therefore they went to seek a place where they could gather it. Certainly they are not far wrong, for the things that occur here and the obstacles opposed by those who ought to aid us, are so numerous that many times I have longed to leave it all and flee to the mountains; but the charge that I hold keeps me within bounds. There is very little respect for the ministers of the gospel; and they cannot exercise their office without being dependent upon those who have more concern for their own profit than for the instruction of the Indians.
There was sent to the island of Macan, where the Portuguese live--near the city of Canton, in China--a father of the Society, and with him two Franciscan religious, to deal with the Portuguese there, in the same way as with those at Maluco; he was sent also to the Chinese governor at Canton. A copy of the letter is sent to you, in order that it may be seen what is asked from the Chinese governor and in what form; for the Chinese who were then here told me how it should be properly written; they said that their governor would thus learn our usages, and that he would be delighted if we would write to him as we write to one another.
To fulfil our obligation, and to bring this narrative--already so long--to a close, I will not omit, as your Majesty's servant and chaplain, to say that since these lands are your Majesty's, and you have in them so many and so loyal and obedient subjects, both Spaniards and Indians, you should please to see that the people are cared for and well treated; and that the governors preserve their liberties, and do not convert the government into a source of profit to those who govern, as has been done heretofore, to the great injury and deterioration of these colonies.
To remedy this condition, your Majesty should send to govern them not those who solicit that charge, but those whom your Majesty shall seek--Christian men, without greed; for such men are what the people desire, and would suit them and us. Let your Majesty send hither a man who comes alone, and without obligations to relatives or friends (in serving whom they neglect their duty to the early comers, whose blood has been spilled), who is content with the salary that your Majesty assigns him (which is always quite sufficient), and who hopes for advancement by your Majesty through his services; and who will not, by making himself rich in two years, destroy this country, or prevent others from enjoying it and gaining a livelihood. By doing this, your Majesty will have one of the best possessions in the Yndias. But if things go on as heretofore and there is no one to attend to it, it cannot continue long. If it shall please your Majesty to entrust the government to men who live here, there are those who could conduct it very well and creditably, without the many disadvantages which attend those who come from España.
The foregoing is such information as I can give your Majesty from here regarding the transgression and observance of the royal commands, laws, and decrees; and of the present state of this country, the wrongs that occur in it, and what matters ought to be remedied. On account of the little time before the ship departs, not all of this letter is so polished as to be fit to appear before your Majesty. If this relation is deficient (as it cannot fail to be) it is not in lack of truth or in desire to serve your Majesty and secure the welfare of these souls whom, because of their sins and my own, I have in charge. If there is anything which to your Majesty appears worthy of remedy, I humbly ask for it; and if I have said anything about which it appears to your Majesty I ought to have been silent, I also humbly beg that I may be pardoned. Since your Majesty knows that I am five thousand leagues distant from your court, and surrounded by so many griefs and afflictions, you will not be surprised at what I say, but at what I leave unsaid--and even why I myself did not go to beg for the remedy; for it certainly is a different thing to see and endure it here, than to hear it mentioned there.
_Fray Domingo_, bishop of the Filipinas
INSTRUCTIONS TO COMMISSARY OF THE INQUISITION
_Instructions which the person who is or in future will be the commissary of the Holy Office in the city and bishopric of Manila and the Phelipinas Islands of the West, [38] must mark and observe, in order better to fulfil the office and trust which he holds._
1. For this office shall always be chosen persons who are thoroughly competent and well approved--whose purity of family descent, and exemplary life and habits, have been previously ascertained through written information. Besides this, confidence is placed in their prudence, moderation, and temperance, which qualities will enable them to exercise aright the trust conferred upon them, and they will exercise it, for the public good, for the better transaction of business, and not for any private ends. Above all, it behooves them, and they are earnestly charged, not to employ the name and title of the Holy Office for avenging individual wrongs, or for the intimidation or affront of any person. The more such a person shall suspect the inquisitor's friendship, the more prudently must the latter deal with him; otherwise, not only will God be therein offended, but the Holy Office will be greatly wronged.
2. As soon as the commissary receives his appointment, and before he makes use of his powers, he must accept it in the presence of an apostolic notary or a royal scrivener, in whose presence he shall give oath of secrecy and fidelity according to the minute accompanying these instructions. He will show the said title to the governor, and to the ecclesiastical and lay cabildos, in order that they may receive, treat, and recognize him as a commissary and agent of so holy an office. He will take great care not to exceed his commission, but to fulfil it, observing these instructions and other particulars which will be sent to him, which treat of the manner of receiving acknowledgments, substantiating testimony, and visiting ships. To show the certificate of appointment to the cabildos is only a mark of courtesy, and in no way a necessary proceeding; for there is no need of their permission or approbation. The commissary is advised of this because the patent for his commission does not require any other contrasignature or permission for its validity.
3. Secrecy is the surest means, which the Inquisition is to employ very rigorously, for the detection and punishment of crimes. Therefore the commissary is strictly charged to observe secrecy in reference to these instructions, or any others which shall be sent to him, or letters written to him about business, and all else that comes to his notice in the capacity of commissary. He shall impose the same secrecy upon all those who act as accusers or witnesses, or who ratify their former testimony, and upon all honest persons who are present at such ratification--ordering all the said parties to observe secrecy, under pain of excommunication, and under the obligation of the oath which they took when making their depositions. The commissary, moreover, shall impose other punishments, pecuniary or corporal; and shall enlarge on the gravity of the sin committed in the disclosure of a secret by a witness, with this warning, that the Inquisition punishes from the standpoint of example, and according to the character of the person and the nature of the transaction. On account of the great distance, [to Manila] [39] it is fitting to make this provision, that whenever any person who shall incur excommunication for having disclosed a secret shall come, of his own free will, to ask for absolution, therefore with the confession of his guilt the commissary shall absolve him, and impose upon him some secret spiritual penance, such as will entail no stigma or infamy. The commissary shall submit his own denunciation to the Holy Office, without making further investigations concerning the matter except in serious cases. But should the disclosure of a secret result in any marked injury or bring dishonor to a person, in such an event further information is required, in order that in either case the Holy Office may, after due examination, justly dispose of the matter as is fitting, although no change will result for the absolved person.
4. Special care must be taken to warn bishops, vicars-general [_provisores_], visitors, and vicars, that they are not allowed to mention crimes of heresy or the like in their public letters and proclamations during visit; for his Holiness has referred and submitted such cases to the most illustrious inquisitor-general and the inquisitors appointed by him in all the kingdoms and seigniories of his Majesty. Therefore they shall try these cases _privatim_, which other judges can neither try, nor undertake to investigate, nor otherwise handle. Since in visitations crimes often come to light which must be tried by the Holy Office, warning must be given that these should be submitted to the Inquisition, with all secrecy and without the knowledge of the guilty party. The same must be done in suppressing the titles of vicars, in annulling the head of processes and charges made by the bishops, and in suppressing the title of inquisitor-inordinary; for in these regions the jurisdiction over the crime of heresy is wholly apostolic, except in case of the Indians. If any doubt, contention, or difficulty regarding the execution of this clause should arise, the commissary, without further inquiry, shall promptly notify us that he has warned, in especially polite and respectful language, the prelate concerned, to whom he must show much reverence--for the reverential respect which is due him should not be in the least abated by the privilege of the commissary's office.
5. It sometimes happens that certain ecclesiastical or lay judges take up matters belonging to the Holy Office, and make judicial inquiries therein. The question whether they should forbear from investigation of such cases, and submit them to others, has caused differences to arise between them and the commissaries, and has made them set forth most weighty arguments. Since the main care shall be to prevent such clash of authorities, in order to avoid this it is enough to bid them not to meddle in such matters. But if they persist in doing so it will be necessary to send them an injunction, couched in very respectful terms, drawn up in writing before a notary; to note their answers; and then to report everything to the Holy Office.
6. In cases of disobedience, disrespect, hindrance, and obstruction to the free and just exercise of the Holy Office, which also are wont to occur, the commissary shall be careful not to lose his temper, or to give way to words or deeds injurious and offensive to any person; on the contrary, that is the time for him to control himself and show great moderation. He shall make a diligent and full inquiry from other persons regarding the whole case, and shall notify us through his report; in this way any disobedience or disrespect on the part of a judge or a private person will be punished with greater rigor and justification. The delay which is apparent in this case might seem injurious, but it will not be so--as it is not in the transactions of the Inquisition; for, after men have slept soundly, they are awakened by a very exemplary punishment.
7. Denunciations regarding the matters contained in the edict shall be received in the commissary's own house, in a suitable, secret, and convenient place. They shall always be made by day, unless it should be necessary to receive them by night. The persons who come for this purpose must be treated with kindness, each according to his station in life. Every sort of infamy upon the party concerned must be avoided as much as possible.
8. In receiving denunciations there shall be no delay, but rather great care and diligence, as likewise in examining the evidence, following and keeping within the bounds of the injunctions laid down in the instructions which are especially sent for that purpose. The same and even greater care, and much attention, are required in forwarding depositions.
9. Since it often happens that some of the witnesses are out of the city, and therefore depositions must be taken in different places, let the case in question decide the course of procedure, whether or not the commissary shall order the witness to appear before him. Usually there is no need to cause the witnesses the trouble of coming a long distance, when the investigation can be entrusted to the parish priest [_cura_] or vicar of the place, the notary making certification at the head of the authorization therefor given to him by this clause. A case may arise where it is best to wait for the witness, and it may be desirable to hold him, in order to examine him personally; this is left to the commissary's choice, for, having the case before him, he can decide what is best to do. If any one be summoned on the affairs of the Holy Office and shall not render due obedience, a written order must be sent to him, imposing upon him the penalty of excommunication and a fine in money, should he disobey. A report of all proceedings in each individual case shall be made, so that the disobedient person may receive exemplary punishment, according to his station in life and the nature of his disobedience.
10. Some are accustomed to send their denunciations through memorials, with or without their signatures, or by letters-missive; but, since these persons write them under no pressure or oath, and without the presence of a judge or a notary, they expand their accusations to the detriment of their neighbor's reputation. Therefore the commissary ought to avoid as much as possible the acceptance of such letters and memorials, and shall order the witnesses to declare under oath what they know of the matter, in order to free their consciences, and shall examine them concerning the facts. If the acceptance of such a letter cannot be avoided, the person who writes it should be summoned and made to acknowledge it under oath before a notary, after which he should be examined about the letter. If the letter be written from a distant place, the rule in the preceding clause can be followed.
11. Likewise some persons, moved by passion more than by commendable zeal, are wont to denounce others on the ground that they are _confessos_, and therefore not entitled to wear silk, carry weapons, ride on horseback, or do other things forbidden to them by laws and royal ordinances of these realms, as well as by the instructions of the Holy Office, as likewise is set forth in the edict. In these cases one ought to be careful not to accept such depositions except from children and grand-children of _relaxados_, or from children of a relaxada, [40] or from persons who themselves have been reconciled to the Church [_reconciliados_]. The commissary may receive denunciations from these three classes of persons, and send them to the Holy Office, without making any arrest, issuing interdicts, or taking other steps. On the contrary he will maintain great secrecy, and charge the witnesses to do the same. As for other persons denounced as confessos, since they are not in the said class, nothing will be written. On the contrary, the same secrecy will be imposed upon the witnesses and they shall be very kindly admonished to be silent, and not to slander their neighbors, informing them that the Holy Office will take no offense at what they have testified.
12. The heading of the charge made against any person must begin with the words of the first witness, and not, as is customary with ordinary judges in these regions, the formula, that "it has come to his notice," etc.--inserting first what he has heard concerning the crime from any witness. When the commissary receives documents of many clauses from this Holy Office for the investigation of different matters and against many persons, he will place as introduction to the inquiry that he makes in each case that clause of the document which applies to the matter in question, legalized by the notary.
13. Any arrest made by the Holy Office is a matter of much reproach and dishonor for that person, and of no less damage and injury to his property; therefore an arrest should be made with prudence, care, and for just cause. Authority for this is not given to the commissary, who neither should nor can arrest a person except in special cases, and by a special order entrusted to him against the person who is to be arrested; and even then, the commissary must see that the purport of the said order be executed, without exceeding it.
14. The crime of bigamy is very frequent in this country, so that it behooves all commissaries to make diligent inquiry concerning it, and to punish the crime. If the ecclesiastical or secular court arrest any one for this crime and proceed against him, let them administer justice freely and without hindrance. If they refer the case to the commissary without charge, and without his making any effort for such remission, the latter shall say that it is very well, and that they may refer and send the case to this Holy Office at their own expense--or at that of the prisoner, if he be well-to-do. If they still urge him to receive the case there, that it may be sent by the order and at the expense of the Holy Office, the commissary shall answer that he has no orders from us for such action. If, dissatisfied with this answer, they ask permission to inflict punishment there, he will answer that they may investigate the matter, and may do justice according to law. After that he will allow no more arguments on the question.
15. This clause applies when the said courts have anticipated the case by the arrest of the accused person; for if the latter were free, and through information received from witnesses his two marriages were proved, and the existence of the first wife at the time of the second marriage, which constitutes the crime, the commissary shall arrest and remand to prison the person thus proved guilty--sending with the prisoner the information or original record, but retaining there an authenticated copy of it. Concerning other cases of bigamy, which do not show the same degree of guilt, it will suffice to send authenticated copies of such records or depositions as are received, and to keep the originals. Special information must be sent concerning the prudence of the accused, his station in life, and his wealth; so that after due examination the necessary measures may be taken. If he should come to this country [Mexico], the commissary must give us notice of his coming, so that the Holy Office may hear of it by the first despatches which shall reach Mexico. He shall also write to the commissary who resides at the port of Acapulco, that any attempted absence or flight may be prevented.
16. Concerning the other crimes enumerated in the general edict, after the denunciation has been received and the witnesses have been examined, according to the order laid down in the instructions, it will suffice to send such information without making any arrest or taking other steps. The commissary shall also send information concerning the person's birth-place, station in life, means, and the real estate that he owns in this country, or in España. He shall notify us, in case such person comes here, so that we may deal with him as the nature of his offense demands.
17. As for the judicial proceedings in matters which concern the Holy Office--whether they be settled, or informal, or pending official transactions--which other courts submit to the Holy Office, whether at the instance of the attorney-general or by agreement, all original documents must be delivered, without retaining a copy of any; oath to this effect will be made by the apostolic notary or by the royal scrivener who hands them over. Since suits which do not belong to the Holy Office are sometimes thus handed over, the commissary shall, on account of the danger that they may be lost at sea, not send documents until he shall first examine them. If they clearly prove to be cases not belonging to the Inquisition, he shall return them to the owners. In case of doubt, the commissary shall send an account of the offense, with the evidence, and the status of the process--saying whether it is decided or pending, and whether informal or received on trial; he will also report as to the rank of the accused person, and whether at the time any arrest has been made, or will be made in the future. Ordinarily, whether the case be one of bigamy or of some other crime, the commissary shall proceed as stated in the two preceding clauses. If he should not be sent as prisoner, it will not be right to do so until his offense be investigated here; accordingly the commissary may discharge him under bail or under juratory security. [41] If the accused is unable to provide security, the commissary shall command him not to leave the city, town, or province where the crime occurred and where he owns property, under severe penalties of excommunication, and pecuniary or bodily punishments, suitable to the person's station. If such person wishes to come to this country, he can do so by offering the same bail or security to the Holy Office; but he must first be warned not to make the journey if other matters render such a step unsuitable. He shall be assured that in his absence his trial and his honor will receive the same attention as if he were present.