Part 20
168. [Clerks must be present half an hour before the court convenes; and petitions must be handed in before the president and auditors take their seats in court. Penalty: two pesos of gold paid to the court-room.]
169. [They must affirm with their signatures the sentences given after review by the president and auditors, and written in a book kept in the president's room, before the third day next following. This is done so that the sentences may be known, and to avoid fraud, as the sentences are pronounced after review. Penalty: double the amount in question to the exchequer.]
170. [They must write the decisions of the court by their own hands, especially in affairs of importance, as secrets would not be safe with minor officials. Penalty: six pesos to the court-room.]
171. [The clerks of the said Audiencia or of the criminal court shall levy no fees on the cases pleaded before the said president, auditors and alcaldes, to which the fiscal attorneys are a party, even if the decision is for the said fiscals, with judgment of costs against the other party; and they shall not put them on the record, nor collect them from the condemned persons. P.: forty pesos for the chamber of this Audiencia, and payment of twice the amount collected to the exchequer.]
_Official reporters_
172-202. [These sections give directions with regard to the duties and emoluments of the reporters [_relatores_], as minute and precise as those for the clerks, with similar penalties. The following sections may be specially noticed:]
176. [Relators are not to ask for cases, but to await the assignment of the bailiffs [_porteros_].]
179. [Relators are not to buy or sell cases from one another, on pain of dismissal from office.]
189. [The words of witnesses in criminal cases are not to be reported at the public statement of the case, for they are to be seen by the auditors alone, without being entrusted to anyone else. Penalty: thirty pesos to the exchequer.]
192. [Relators and other officers are to live near the Audiencia.]
195. [No gifts may be accepted. Penalty: double the amount to the exchequer, condemnation as forsworn, and loss of office.]
_Assigners of cases_
203. [Fees of the official who distributes the cases [_repartidor_] among the clerks are to be two tomines for each case, [51] except from poor suitors and others exempt.]
_Taxing of fees and costs_
204. [Records of cases transferred to the council of the Yndias are to have their fees taxed by a special officer.]
205. [In case of complaint against the taxation, the auditor for the week shall decide.]
_Advocates_
206-214. [These sections give minute directions as to procedure, fixing the time and manner in which documents are to be presented, filed, and demanded, regulating the manner of taxing advocates' fees, and enumerating certain duties of advocates in the conduct of their cases.]
215. Counsel shall swear that they will not give their assistance in unjust causes, or counsel the parties to injustice; and that as soon as they discover that their client is not suing for justice they will abandon the case. If it shall happen that through the negligence or ignorance of the counsel, deducible from the record, the party whom he assists shall lose his right, we command that the said counsel be held to pay his client the damages resulting, together with the costs; and the judge before whom the case shall be pending shall oblige him to pay without delay.
216. [Counsel shall not dare to abandon a case once undertaken, except because of injustice. Penalty: loss of fees and damages to the client.]
217. [Counsel is not to repeat allegations in documents; documents are to be signed by known counsel; two pleas only are to be accepted.]
218. No counsel shall dare to make a bargain with his client for a part of the property to which he lays claim; [52] and, if he shall do so, he shall have no authority to act in the said office for him or for any other.
219. [Advocates are to be examined and approved by the president and auditors, and entered on the list of advocates; no one without a degree may appear in a court, except the party in his own behalf. Penalties graduated.]
220. [Advocates must use care and diligence in behalf of their clients, and conduct their cases honorably. Penalty: suspension, in the judgment of the court.]
221. _Item:_ We ordain and command that the advocate or advocates shall, in cases of first instance and on appeal, pay the parties double the damage resulting from their malice, fault, negligence, or want of skill; and that justice be done promptly in this matter.
222. [Advocates must agree as to their fees before examining the documents of the parties.]
223. [Advocates who have pleaded on one side of a case may not plead later on the other side of the same case.]
224. _Item:_ We command that the said advocates shall be obliged, at the beginning of the suit, to obtain from the party a complete report in writing of everything pertaining to his right--so that, when it shall be necessary to call for an account, if they have not, through the client's fault, done for him what they should, they may be able to prove the same, in order to take advantage thereof. This report they shall take, signed by the party in interest, or, if he cannot read, the person to whom the party shall entrust the duty.
225. [Advocates must not betray secrets, or advise both parties, and must swear to obey the laws--on pain of fines, and of being removed from the office of advocate.]
226. [Advocates are to take precedence in order of the seniority of their admission. Penalty: suspension for one year.]
227. [Irrelevant questions are forbidden. Penalty: ten pesos to court-room.]
228. They shall sign the powers of attorney of their clients; and shall not frame their interrogatories in the second instance of a case exactly as on the first hearing, or exactly opposite, under a penalty of six pesos to the court-room; and therewith shall cease the examination of the said powers and interrogatories required from our auditors, in conformity with the new laws and ordinances made by us.
229. [Bachelors may not plead or sit with the doctors and licentiates. Penalty: forty pesos to the court-room.]
230. [Clerks of advocates are not to charge clients fees. Penalty: double the fee, to the exchequer.]
_Attorneys_
231. [Attorneys must be examined and licensed by the court.]
232. [Attorneys and counselors must not agree to prosecute cases at their own expense. Penalty, fifty thousand maravedis.]
233. [The number of attorneys is to be fixed and usual.]
234. [Attorneys must enter no pleadings except for default, conclusion of preliminary process, and the like; and must sign their papers.]
235. [Attorneys must not retain money sent to pay fees and court costs, and must transmit documents to counsel within three days.]
236-241. [These articles deal with the conduct of attorneys in court, and the procedure necessary to institute actions.]
242. [Attorneys must be present to inspect the taxation of costs.]
243. [Petition for a decree is to be assigned to the next meeting of the Audiencia.]
244. Attorneys who ask for documents beyond what the interests of the parties require shall pay six pesos to the court-room, and be imprisoned at the judgment of the president and auditors. This provision shall be valid against all officials.
245. [Names of attorneys of both parties must be entered on all judicial acts and documents.]
246. [Money sent to attorneys for costs must be immediately deposited with the clerk, who shall keep a record.]
247. They shall accept no more fees than shall be regulated by our president and auditors, especially in cases where Indians are plaintiffs or defendants, under a penalty of twice the amount, for our exchequer.
248. [Of notice to parties as to testimony on second instance.]
249. [Documents must be clearly written, without erasure, and properly folded.]
250. [Attorneys may not receive gifts to protract causes.]
BIBLIOGRAPHICAL DATA
All the documents presented in this volume, except four, are obtained from the Archivo general de Indias at Sevilla, and are translated from our transcriptions of the original MSS. They are located as follows:
Peñalosa's two letters: In the patronato "Simancas-Secular; Audiencia de Filipinas; cartas y expedientes del gobernador de Filipinas vistos en el Consejo; años 1567 á 1599; est. 67, caj. 6, leg. 6."
Loarca's "Relation:" In "Simancas-Filipinas; descubrimientos, descriptiones y poblaciones de las Yslas Filipinas; años 1537 á 1565--1° hay 2°; est. 1, caj. 1, leg. 1|23." In the Real Academia de Historia, Madrid, is a copy of this document, made by Muñoz; it is somewhat modernized in spelling, capitalization, etc. A copy of Muñoz's transcription is in Lenox Library. The original MS. is without date; but internal evidence with Peñalosa's statement in his letter to the king (_Vol_. IV, p. 315), shows that Loarca wrote his account of the islands in June, 1582. In the same legajo with this document is the "Report on offices saleable;" but, as the dates show, both are misplaced here. They probably belong in the same patronato as that in which are found the next two documents.
Ribera's letter, and the instrument establishing the Audiencia of Manila: In a patronato which bears the same title as the preceding one, but covers the years 1582 to 1606. These two documents are in "est. 1, caj. 1, leg. 3|25"--the Audiencia decree being also designated as "1° 1, no. 11."
Salazar's letter of 1582: In "Simancas--Eclesiastico; Audiencia de Filipinas; cartas y expedientes del arzobispo de Manila, vistos en el Consejo; años de 1579 á 1599; est. 68, caj. 1, leg. 1."
Letter of Juan Baptista Roman: In "Simancas-Secular; Audiencia de Filipinas; cartas y expedientes de los oficiales reales de Filipinas, vistos en el Consejo; años 1564 á 1622; est. 67, caj. 6, leg. 29."
The "Instructions for the commissary of the Inquisition" is found in the Archivo general of Simancas; our translation is made from a transcription of the original MS. Its pressmark is: "Consejo de Inquisicion; libro 762, folio 170."
The Salazar "Relation" of 1583 we translate from the text given in Retana's _Archivo del bibliófilo filipino_ iii, no. 1,
The papal decrees regarding the Dominicans are obtained from Hernaez's _Colección de bulas_, i, pp. 527, 528.
NOTES
[1] This document is presented in both Spanish text and English translation.
[2] This document is presented in both Spanish text and English translation.
[3] A pretender to the Portuguese throne, who occupied it for a short period (in 1580) in the interim between Henrique's death and Felipe's accession, see _Vol_. I, pp. 355, 356.
[4] Alonso Sánchez was born at Mondejar, in 1547; and became a novice in the Jesuit order (June 18, 1565), at Alcala. In 1579, he went to Mexico; and two years later, with Bishop Salazar, to the Philippines. He was sent to Macao in 1582 to receive for Felipe II the allegiance of the Portuguese at that place. Stanley, in his edition of Morga's _Sucesos_ (p. 402) says: "The library of the Academy of History, Madrid, contains a Chinese copy of a chapa, by which the mandarins of Canton allowed a Portuguese ship to come and fetch Padre Alonso Sanchez and the dispatches from Machan (Moluccas)." In 1586 Sánchez was commissioned by the governor and Spanish inhabitants of the Philippines to go to Rome and Madrid in their behalf; documents which explain this embassy will be presented in later volumes of this series. He died at Alcala, May 27, 1593. Sommervogel cites (_Bibliothèque Comp. Jésus_, viii, col. 520, 521) various writings by Sánchez, mainly on missionary affairs, or on the relations between the Philippine colony and the crown of Spain.
[5] Thomas Candish, the English navigator, relates in picturesque style the fortunes of the Spanish settlement here referred to, "King Philips citie which the Spaniards had built." Candish halted there in January, 1587; the place was then deserted, and he named it Port Famine. It was located not far from the extreme southern point of the Patagonian mainland, at a point commanding the Strait of Magellan. Candish says: "They had contriued their Citie very well, and seated it in the best place of the Streights for wood and water: they had builded vp their Churches by themselues: they had Lawes very seuere among themselues, for they had erected a Gibet, whereon they had done execution vpon some of their company.... During the time that they were there, which was two yeeres the least, they could neuer haue any thing to growe or in any wise prosper. And on the other side the Indians oftentimes preyed vpon them vntill their victuals grewe so short... that they dyed like dogges in their houses, and in their clothes, wherein we found them still at our comming.... To conclude, they were determined to haue trauailed towards the riuer of Plate, only being left aliue 23 persons, whereof two were women, which were the remainder of 4 hundred." See Hakluyt's _Voyages_ (Goldsmid ed., Edinburgh, 1890), xvi, pp. 12, 13.
[6] Don Lorenzo Juarez de Mendoza, Count of Coruña, assumed the duties of viceroy of New Spain on October 4, 1580; he was then advanced in years, and died at Mexico before his three-years' term of office expired--on June 19, 1583.
[7] Antonio Sedeño was born at San Clemente, in 1532 or 1535. In his youth he was a soldier and military engineer, but entered the Jesuit order in 1558 or 1559. After his ordination he went (1568) to Florida as a missionary, and in 1572 to New Spain. The rest of his life was spent in the Philippines, where he not only held high official positions in his order, but introduced among the Filipino natives many industries and manufactures, opened the first school in the island, founded colleges, and engaged in many other labors for the benefit of both the Spanish and the natives. He died September 2, 1595. See notice of his life in Sommervogel's _Bibliothèque_; and Algué's _Archipiélago filipino_, i, p. 251 (translated in _Report_ of U.S. Philippine Commission, 1900, iv, p. 99).
[8] The words in italics at the beginning of the paragraphs are in the MS. written as marginal notes.
[9] The matter in brackets is an insert in the margin of the original manuscript.
[10] In making this correction the writer evidently neglected to change the gender of "vnas."
[11] Pasacao River is a small stream on the western side of the (old) province of Camarínes Sur. The overland journey here mentioned is to Nueva Cáceres, capital of the province, which is ten miles above the mouth of Naga River (although farther by the windings of the river). This river has its source only four miles from the Pacific coast of Albay, whence it flows N.W. into Bató Lake; this part of its course is called Inaya River. Another N.W. course of about the same length (about 25 miles) carries the waters of the lake as far as Nueva Cáceres, in a stream known as Bicol (the Vicor of our text) River. From that city to its discharge in San Miguel Bay, it is called Naga River.
[12] A sort of garment worn by peasants, opening behind or at the shoulder. The meaning of the name, "jump aboard," suggests the similar name applied in some localities in the United States to a sort of over-all blouse, there called "jumper."
[13] Cf. the descriptions of this custom in Morga's _Philippine Islands_ (Hakluyt Society, London, 1868), p. 304; and in account of Thomas Candish's voyage, in Hakluyt's _Voyages_ (Goldsmid ed.) xvi, p. 42.
[14] "A god of the Higuecinas (a subdivision of the ancient Bisayas). The Igueines (another subdivision of that people) believed that the god Maguayan carried the souls of his disciples, in his boat, to another life."--_Ferdinand Blumentritt_: "Diccionario mitológico," in Retana's _Archivo_, ii, p. 411.
[15] These seem to be memoranda, which the writer forgot to fill in later.
[16] The tabon, also called "the mound-builder" _(Megapodius cumingi_). Its eggs are highly prized by the natives as an article of food; they rob the deposit made by the birds. After each egg is deposited, the parent birds (several pairs of whom often frequent the same spot) scratch earth over it, thus gradually raising a mound of considerable size. See description of this bird in _Report_ of U.S. Philippine Commission for 1900, iii, pp. 314, 315.
[17] Of the banana (_Musa_), over fifty varieties have been enumerated as found in the Philippine Islands. Many of these are minutely described in Blanco's _Flora_, pp. 167-175. The nangca (or langca) is _Arctocarpus integrifolia_; the macupa (also known as tampoi), _Eugenia malaccensis_; the santol (santor), _Sandóricum indicum_. See descriptions of all these in Blanco's _Flora_, and in _U.S. Philippine Gazetteer_, pp. 93-95.
[18] The bejucos, as before explained, are various species of _Calamus,_ commonly known as rattan. Blanco describes two of these _(C. maximus_ and _C. gracilis_) as furnishing a supply of water. Some of the species attain a height of more than six hundred feet.
[19] A sketch of this officer in _Cartas de Indias_ (p. 734) states that he founded the city of Nueva Segovia, and probably remained in the islands from the time of their conquest until his death; also that the Japanese corsair here referred to was named Tay Zufu.
[20] _Champan_ (or _sampan_): a Chinese vessel; described by Retana (Zúñiga's _Estadismo_, ii, p. 513*) as being "about as large as a Spanish patache, but inferior to the junks of the Chinese; used by that people for trading in the Filipinas islands." The term is now applied to a boat 12 or 15 feet long, in which a family often makes its home, on the Canton River; also to a vessel of 70 or 80 tons' burden, used in the rivers of Colombia, S.A.
[21] The Dominican order (also known as the Order of Preachers) was founded, about 1215, by St. Dominic de Guzman; he adopted, but with various additions, the rule of St. Augustine. Among the great men who have belonged to this order are Thomas Aquinas, Johann Tauler, and Girolamo Savonarola.
[22] Chiapas (Chiapa) was a province of the ancient kingdom of Guatemala; also a bishopric (erected in 1538). Its capital bore the same name.
[23] The vicar-general to whom these letters were addressed was named Fr. Juan Crisóstomo Sevillano.--_Rev. T.C. Middleton, O.S.A._
[24] The original MS. is endorsed by some archivist: "Letter of Captain Gabriel de Rivera to his Majesty, upon Philippine affairs;" but the letter is evidently addressed to some official--perhaps the viceroy of New Spain, or the president of the royal council.
[25] In a letter dated Manila, July 20, 1581, and signed by Amador de Arriaran, Andres Cabchela, Salvador de Aldave, Luis de Vivanco, Joan Manuel Pimentel, Juan Maldonado, Gabriel de Ribera, and Juan Pacheco Amado, it is stated that Ribera is sent as procurador [attorney]-general to the king to give account of the "affairs and condition of this land." He is recommended to the king's consideration as "one of the first who came to this exploration and pacification" with Legazpi, and "has been able to give a good account of himself in everything." The pressmark of this document, which exists in Archivo General de Indias at Sevilla, is: "Simancas--Filipinas: Descubrimientos, etc., años 1566 á 1586; Est. 1, caj. 1, leg. 2|24." Morga says that Ribera was created Mariscal of Bonbon while in Spain. The effect of his mission was the establishment of the Audiencia of Manila, whose president was to fill the offices of governor and captain-general of the islands. This was attained after the death of Ronquillo, although that event was unknown in court at the time.
[26] Gonzalo Ronquillo was governor from 1580 until his death in 1583. Morga says that trade with the Chinese was increased during his governorship. He attempted to discover a return route to New Spain through the southern seas, but was unsuccessful. He opened trade with Peru. A duty of two per cent on merchandise sent to New Spain was imposed by him, and one of three per cent on goods imported by the Chinese.
[27] Taking the words "twenty years" literally would make the date of this letter in 1584, but it must have been prior to that date. Ribera was sent to Spain in 1581, and Ronquillo died in 1583. The date of this letter therefore is conjectured to have been the latter year.
[28] Retana's text here reads thus: "El preçio que tenian las cosas, después que los Españoles introduxera la moneda de plata, que por la mayor parte son tostones, que así llaman á los reales de á cuatro çientas gantas de arroz, y por otro [real], çiento de vino, y por otro, doçe y catorçe y a un diez y seis gallinas." The bracketed word _real_ was supplied by Retana. A more satisfactory emendation would be _tostón_, the equivalent of _real de á cuatro_. The passage should read thus: "reales de a cuatro [por un tostón cuatro] çientas gantas de arroz, y por otro [tostón] çiento," etc. This supposition is borne out by a later passage where Salazar states that in former times four hundred gantas of rice cost one tostón.--_H.E. Bolton_.
[29] Ronquillo was governor of the entire archipelago.--_Retana_.
[30] He alludes, as will be seen below, to the encomenderos, against whom, chiefly, this accusation by the famous bishop Salazar is directed--_Retana_.
[31] A mistake for "Gonzalo;" Father Salazar commits the error again, as will be seen farther on.--_Retana_.
[32] The word "taels" is Retana's conjecture; but it is possible that the doubtful word was _joyas_ ("ornaments"). From the context, it is more probably _quintos_ ("fifths"), indicating that the royal officials attempted to exact from the Indians the "king's fifth" on all their possessions of gold, as well as on that newly dug from the ground.
[33] That is, as no longer in circulation (Span., _por perdido_). The reference is to the native custom mentioned by Sande in his report of 1577 (see _Vol_ IV of this series, p. 99). Speaking of the best grade of gold used by the Moros, he says: "From this is made the jewelry which they inherit from their ancestors, with which they never part."
[34] A term originally applied to the gold or silver wristlets and anklets worn by Moorish women.
[35] In the form of promissory notes, such as always have been so much used and abused in the Philippines.--_Retana_.
[36] Span., _perlados_; so in Retana's text, but from the context there is apparently some error in this--perhaps a copyist's conjecture for some illegible word.
[37] This man was notary of the expedition sent to Borneo and Mindanao by Francisco de Sande under command of Gabriel de Rivera. See _ante_, _Vol_. IV, p. 273.
[38] Fray Santa Inés says (_Crónica,_ i, p. 16) that the use of this phrase (Spanish, _Islas del Poniente_) arose among Spanish traders--partly because, to reach the Philippines, they followed the course of the sun westward from Spain; and partly to sustain the contention that those islands were "in the demarcation of Castilla, or the Western Indias, and not in that of Portugal, or Oriental India."