Part 21

You report that, upon your arrival at those islands, you found that the Indians of Sirean, Yllocos, and Cagayan were paying ten reals, and had been doing so since the tribute was imposed, because, as they were more wealthy, heavier tribute was imposed on them than on the others. You say that you are in doubt, because your instructions state that the tribute of eight reals is to be increased and raised to ten, whether you are to understand that all the tributes are to be raised two reals; for if so, then those who formerly paid ten must now pay twelve, just as those who were paying eight now pay ten. Inasmuch as the intention was that all the tributes should be raised two reals, you shall order that those Indians who were paying ten reals shall pay twelve, now and henceforth. You shall adjust this with the mildest possible means.

Respecting the duties that are to be paid on the gold dug in those islands--about which you say there has been a dispute, since the former fiscal of the Audiencia there claimed that it should be the fifth, while the city contradicted him, and petitioned that it be but the tenth--you shall endeavor, conveniently and mildly, now and henceforth to introduce the fifth, since it is the right that pertains to me. If you shall encounter in this great difficulties and annoyances, you shall leave the matter in its present shape. You shall advise me of the condition of the country and the mines, and the annual amount of the said fifth, based on the present value of the tenth, so that after examination in my royal Council of the Yndias, the most advisable measures may be enacted.

You say also that, inasmuch as you found Don Bernardino de Sande very poor, you were unable to collect from him the proceeds of the encomienda of Baratao, in accordance with the writ issued by my royal Council of the Yndias. In consideration of this, and because he had served well, you say that you left him in possession of the encomienda, providing that he annually put one-third of the income arising from it into my treasury. Also, that you have allotted the other villages that he occupies in La Laguna of that city to Don Juan Ronquillo and Don Gonzalo Ronquillo de Ballesteros in equal portions, as a reward for their services; and that likewise you have appointed Captain Gomez de Machuca (who is a very meritorious person) to the post of treasurer, with a salary of five hundred pesos, until the owner of the office should arrive. All of the above is well done.

Likewise you say that one section of your instructions orders that while the soldiers draw pay they may not trade, as such a thing would distract them from their military duty; and that although this is right, you think that they might be permitted to invest two or three hundred pesos, because of their great poverty and as an aid to its alleviation. This would not embarrass them, and you would not allow it to distract them. In consideration of this, I endorse what you say. Therefore you may tolerate this in them to the above amount.

You wrote me from Mexico what you repeat in your latest letters--that, in order to be able to ensure respectable soldiers going to those islands, it would be advisable to permit the soldiers who go there to return to Nueva Spaña, or wherever their wives or business interests were, after several years' service, or if necessary business arose, or if they were, as some are, married; for, as it is seen that they are not permitted to leave those islands, none but mestizos and people of little account go there. After discussing this matter, it was determined to refer it to you, as I do now, in order that you may act as you may consider most advisable; but so that there may be no lack of the people necessary in that country.

The suit that you mention between the bishop and the encomenderos in regard to the tithes, has not yet arrived here. As soon as it comes, it will be examined, and necessary steps will be taken.

Inasmuch as you report that there are certain Sangley shops in the Parian, whose rent is given to their governor; and that it is not advisable that those Sangleys remain there, because they are not Christians; but that some settlement outside the city should be assigned them, and the rent for their shops applied to that city as public property, while another kind of remuneration be given to the said judge of the Sangleys: I refer to you everything pertaining to this matter, so that, after consulting with the licentiate Rojas and the municipal government of that city, you may provide for it in such manner that the said Sangleys receive no injury or dissatisfaction.

Under the present cover I enclose to you a second decree, ordering that my officials of those islands should pay their wages to the sailors, carpenters, blacksmiths, and other workmen; and that, if my treasury there should prove insufficient for this, they send to Nueba Spaña for the deficit. Under other covers I am writing to the viceroy to have this carefully obeyed.

Notwithstanding that the provision mentioned in your instructions, ordering that none but inhabitants of those islands engage in trade, was not delivered or afterward sent to you, you shall observe the contents of that section of the said instructions which treats of this.

The effort which you report having made with the city, that a convent of nuns be founded in the church of Sant Andres (the erection of which has begun), which is discussed in section twenty-seven of your instructions, is well, and you shall continue it.

You will know my wishes in regard to the sale of the offices from the despatches that have been sent to you, and you shall observe them.

The bulls of crusades and composition, which you say might be applied in those islands, were sent to you; and my royal Council of the Crusade is writing in regard to it.

In remunerating and providing for the deserving, you shall continue to observe the instructions and orders given you.

In regard to what you say about the entrances and new discoveries, and their great necessity in order that the soldiers may be maintained, and their extreme poverty alleviated, this is not the principal end that must be observed, but that of the service of God, and the welfare of the Indians. Inasmuch as you have the matter in hand, you shall consider what will be most advisable, and you shall accordingly ordain in it what you consider fitting, in accordance with the nature and condition of the country, and the people that you shall have.

You have done very well in applying the proceeds of the merchant's peso on the Chinese merchandise, and the monopoly of playing-cards, to the wall of that city; and because you have made, for the same purpose, a two per cent assessment and contribution on the citizens and on the Peruvian and Mexican merchandise traded in that land. And although you report that this two per cent assessment has been made for only one time, you shall continue the collection of this duty, and that on the playing-cards, and the merchant's peso, until the said fortification is finished.

You shall be very careful to favor the cathedral and hospitals. You shall advise me of what alms can be given, and to what amount, since you report their, necessity as so great.

I note what you say in regard to the change of lieutenant-governor that you advise, or my giving you permission to appoint another. In the meantime, until what is deemed advisable is provided in regard to this (which is now being discussed) you shall endeavor to maintain pleasant relations; and shall proceed as is most desirable to the service of God and to mine, and to the welfare of the land.

What pertains to the navigation from those islands will be determined as soon as possible--namely, whether it shall be at my account, or at that of private individuals, and you shall be advised of the resolution taken. In either case, you shall send information, now and henceforth, upon all occasions, to my royal Council of the Indias, of all vessels leaving there, and of their registers, with itemized cargo--as, so much in gold, and so much in merchandise, with the declaration of the different kinds.

You say that you have experienced difficulties and opposition on the part of the encomenderos in establishing the increase of two reals on the tribute of each Indian; and that notwithstanding that they afterward agreed to it, yet they petitioned that they be allowed to collect their tributes in the usual way. As this does not seem to you advisable, but you desire that they collect with mildness, you shall ordain thus, and it will receive endorsement.

In undertaking the construction of the galleys, you shall advise me of its progress, and of their cost, and for what purpose they can best be used.

I am ordering Joan de Ledesma to send you, with this, signed copies of the decrees prohibiting Peru and Guatemala from trading in those islands and in China. In accordance with these decrees, you shall regard as confiscated everything that may be traded in violation of those orders.

It is not advisable to make any innovation in regard to the permission which you request--namely, power to despatch vessels to Peru and other points; but you should observe the decree.

The other points of your letters are being discussed, and an answer will be sent to you upon the first occasion. Madrid, January 17, one thousand five hundred and ninety-three.

_I The King_

By order of the king, our sovereign:

_Joan de Ybarra_.

Countersigned by the council.

[_In the margin, at the beginning of this document_: "Reply to Gomez Perez das Marinas, governor and captain-general of the Philippinas Islands."]

Two Royal Decrees

Lawsuits in the Philippine Islands

Don Phelipe, etc. When I ordered the suppression of my royal audiencia and chancilleria resident in the city of Manila of the Filipinas Islands, and established there a governor and lieutenant-governor (the latter of whom is a lawyer), to take care of matters of justice, one of my decrees was ordered to be promulgated, in which was declared the order to be followed in the hearing of suits and causes that might arise in the said islands. This is of the following tenor:

"Don Phelipe, by the grace of God, king of Castilla [his other titles follow]. Inasmuch as, for certain reasons advantageous to my service, I have resolved to order the suppression of my royal audiencia, at present established in the Philipinas Islands, and have appointed as my governor and captain-general of them Gomez Perez Dasmarinas, knight of the order of Santiago, and you, the licentiate Pedro de Rojas (at present my auditor in my said royal Audiencia), as his lieutenant-governor and counselor, to determine matters of justice; and inasmuch as, the said Audiencia not having existence, it is advisable that for the peace and tranquillity of the said islands and the citizens and inhabitants thereof, and the good administration of justice therein, you should understand the system that you are to observe and follow in the hearing and determination of the suits, which were moved and were pending in the said Audiencia, or that will be moved hereafter: I declare, desire, and will that in all cases you shall hear, sentence, determine, and execute in the following form and manner. All the suits that were pending in the said Audiencia, and were not concluded on trial, you shall resume in the condition in which they were left, and they shall be prosecuted before you. You shall pass sentence upon them; and if appeal is made by the parties, or either one of them, from your decisions, you shall submit the appeal to the president and auditors of my royal Audencia residing in the city of Mexico, in Nueba España. You shall likewise refer to my said Audiencia of Mexico the suits that may have received sentence on trial in the said Audiencia, if appeal has been made from the sentence, so that the cases may be prosecuted before it, and sentenced in review. And if any suits were sentenced in review in the said Audiencia of the said Philipinas Islands, and the execution of the sentences is demanded, then you are authorized to have them executed, as well as the sentences given on trial in the said Audiencia in suits pending therein, and on which no appeal was made, and if the said sentences on trial were passed in a case where judgment was rendered. Likewise I declare, and it is my will, that you may hear and try the suits regarding Indians which shall be moved in the said islands henceforth, and those which might come before you on appeal from the corregidors that are and were in the said islands. In hearing the said suits regarding Indians, you shall observe the royal decree and edict given at Malinas, and the declarations that were made regarding it. In this and in all the abovementioned cases, as well as in all other suits and causes that the said Gomez Perez Dasmarinas can and ought to try, as being governor and captain-general, and you, the said licentiate Pedro de Roxas, as his counselor and lieutenant-governor, for the determination of the said suits and matters of justice, you shall observe the laws and ordinances of these kingdoms, and the instructions, provisions, and decrees, given by the emperor and king, my sovereign (may he rest in peace), and by me, and those that shall be given. And for authorization to perform and fulfil all that is above mentioned, and any portion and part of it, and all else annexed and pertaining to it, I grant you as complete and sufficient power as is required and as is needed. I order the presidents and auditors of my royal audiencias of the said Nueba España, and all the councils, magistrates, regidors, knights, esquires, officials, and good men of all cities, towns, and hamlets of Nueba España and of the said islands, to keep and observe this my decree in every point, according to the tenor of what is contained and declared therein; and that, for its fulfilment, they give and cause to be given to you the help and assistance that you request and that is necessary. And I order my said presidents and auditors of my said royal Audiencia of Mejico to hear the said suits that shall be sent there, in accordance with the above order; and that they give sentence and conclusion to them in accordance with the law and ordinances of these kingdoms, and with the said ordinances, provisions, and decrees; and none of you shall violate them. Given at San Lorenzo, August twenty-one, one thousand five hundred and eighty-nine.

_I The King_

I, secretary of the king, our sovereign, had this written by his order.

_Juan de Ybarra_"

I have been informed recently that, because of the great distance of those islands from the city of Mexico (to whose Audiencia must be sent appeals in the said causes), many, especially the poor, refuse to prosecute their suits; for in some of them the costs amount to more than the principal, besides the annoyance of the delay. This serves as a cause for grief and annoyance, from which the wealthy profit to the injury of most of that community. As I desire the relief of this state of things, I order, with the concurrence of my royal Council of the Indias, for the present that henceforth all suits for the value of one thousand ducados or less be concluded in the courts of the said Philipinas Islands. If appeal be made from the sentences given at the first instance, and substantiated in the second, in conformity with law, the case shall be regarded as closed with the sentence imposed by the said lieutenant-governor in the second instance, and no appeal can be taken from it. In suits and causes for more than one thousand pesos [_sic_], appeal may be made to my said royal Audiencia of Mexico, in accordance with the tenor of the decree inserted above. In order that this may be public and manifest, I order this my decree to be published in the said city of Manila. Given at Madrid, January seventeen, one thousand five hundred and ninety-three.

_I The King_

Countersigned by Juan Bazquez, and signed by the council.

[_In the margin_: "In order that suits and causes of one thousand ducados and less may be concluded in the court of the Philipinas islands; and, if the amount be in excess of the above sum, they may be appealed to the royal Audiencia of Mexico."]

Restrictions on Commerce

The King: Inasmuch as, whenever we have promulgated ordinances prohibiting trade between the Western Yndias and China, and regulating that of the Philipinas, I have been informed that there has been neglect in the execution thereof; and that, as the merchants and other persons in the Northern Sea who trade in these our kingdoms of Castilla, and in the Yndias, have suffered so many losses during past years, and those engaged in the profits of the Chinese trade have gained so much, the latter has increased greatly, while the commerce of these my said kingdoms has declined, on which account both these kingdoms and my royal income have received great damage: therefore, since it is so important that the commerce of these my said kingdoms and of the Yndias be preserved and increased, and that there be quite usual communication and trade between them, I have, with the concurrence of my royal Council of the Yndias, determined to prohibit by new orders--as by this present I do pruhibit, forbid, and order--in the future, in any manner and under any circumstances whatever, any vessel from sailing from the provinces of Peru, Tierra Firme, Guatimala, Nueva España, or any other part of our Western Yndias, to China, for trade or traffic or for any other purpose. Neither can they go to the Philipinas Islands, except those from Nueva España, which are permitted to go by another decree of this same date. We have ordained that, should this be done, such vessel will be regarded as confiscated, with all its money, merchandise, and other cargo. One third part of all of this shall be applied to our exchequer, a second third to him who shall give information thereof, and the other third to the judge who shall pass sentence. And further, we forbid that any merchandise brought to the said Nueva España from the Philipinas Islands be transferred to the said provinces of Piru and Tierra Firme, even when the duties imposed on such merchandise have been paid. For our purpose and will is that nothing from China and the Philipinas Islands be used in the said provinces of Piru and Tierra Firme, except what may be there at present, and for which we allow them four years, to be determined from the date on which this our decree shall be promulgated. For this purpose every person shall register what he has at present before the justice of the city, town, or hamlet, where he lives, or of which he is a citizen. Henceforth whatever of the aforesaid merchandise shall be taken to the above-named provinces, or whatever shall be found in the possession of any person whatsoever, outside of the said register, or after the conclusion of the above time-limit, we order that it be confiscated also, and divided and shared as above stated. But we permit them to bring to these kingdoms, anything of the above-named articles that they may have had hitherto, within the limit of the said four years. I order my viceroys of Piru and Nueva España, my governor and captain-general of the Philipinas, the presidents and auditors of my royal audiencias of the Yndias, and all other magistrates therein, that they observe and fulfil this our decree, strictly, inviolably, and punctually; and that they execute the penalties contained herein without any remission or dispensation whatever, as is thus my will, and as is fitting for my service. They shall promulgate it in all places where this shall be necessary and desirable, so that all may have notice of it, and none may plead ignorance. Given in Madrid, February eleven, one thousand five hundred and ninety-three. [53]

_I The King_

Bibliographical Data

The papal decree of 1591 is taken from Hernaez's _Coleccion de bulas_, i, p. 108; the account of encomiendas, from Retana's _Archivo del bibliófilo filipino_, iv, pp. 41-111; the letter by Clement VIII, from Hernaez, ii, p. 357. All the remaining documents of this volume are obtained from the Archivo general de Indias, Sevilla, being translated from the original MSS. or from transcriptions thereof; the pressmarks are as follows:

1. _Collection of tributes_ (1591)--See Bibliographical Data for _Vol_. VII.

2. _Conquest of Mindanao_.--"Simancas--Secular; Audiencia de Filipinas; cartas y expedientes del cabildo secular de Manila vistos en el Consejo; años 1570 á 1640; est 67, caj. 6, leg. 27."

3. _Ordinance regarding Chinese stuffs_.--"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."

4. _Letter by Dasmariñas_ (1591).--The same as No. 3.

5. _Fortification of Manila_--The same as No. 3.

6. _Investigations at Manila_--"Simancas--Filipinas; descubrimientos, descripciones y poblaciones de las Yslas Filipinas; años 1582 a 1606; est. 1, caj. 1, leg. 3|29."

7. _Opinions of the religious orders_.--"Simancas--Secular; Cartas y expedientes del presidente y oidores de dicha Audiencia vistos en el Consejo; años 1583 á 1599; est. 67, caj. 6, leg. 18."

8. _Letters from Dasmariñas_ (1592); also all the remaining documents of that year.--The same as No. 7.

9. _Letter from Felipe II_ (1593).--"Audiencia de Filipinas; registros de oficio y partes: reales ordenes dirigidas á las autoridades y particulares del distrito de la Audiencia; años de 1568 á 1605; est. 105, caj. 2, leg. 11."

10. _Two royal decrees_.--(1) Is a part of No. 9; (2) The same as No. 6.

NOTES

[1] Referring to the _Historia natural y moral de las Indias_ (Sevilla, 1590) of Joseph de Acosta (1540-1600), a noted Jesuit writer. Markham's translation of this interesting work forms nos. 60 and 61 of the Hakluyt Society's publications (London, 1880).

[2] Evidently a reference to the convent of the Augustinians.

[3] Spanish _obispo de anillo_, literally, "bishop with a ring;" the same as a bishop _in partibus infidelium_. This means a titular bishop of the Roman Catholic church whose territory is occupied by infidels, so that he cannot reside there.

[4] Spanish _viñas_; here used metaphorically, since the natives then obtained their wine from the palm-tree, and from rice, etc. See _Vol_. III, p. 202; iv, p. 67; and V, p. 169. Cf. U.S. Philippine Commission's _Report_ (1900), iii, pp. 264-266.

[5] The allusion to this document which appears in section 8 of Dasmariñas's letter to the king of June 20, 1591, which immediately follows this, shows that it was prepared by his order, to accompany the letter.

[6] Spanish _puente_, in Retana's text; apparently an error for some other word referring to the priest at Tabuco.

[7] Evidently referring to the petition which appears in _Vol_. VII, p. 301.

[8] The university of Salamanca was founded in the twelfth or thirteenth century. The city of Salamanca, although it contains beautiful churches, owes its fame chiefly to the university. The studies were divided into the greater schools, or university proper, and the lesser schools, or colleges. In 1569 it had the following chairs: canonical law, ten; theology, seven; medicine, seven; logic and philosophy, eleven; astronomy, one; music, one; Hebrew and Chaldean, two; Greek, four; rhetoric and grammar, seventeen. It was among the very first universities to teach the sciences.

The university of Alcalá was founded by Cardinal Cisneros, July 26, 1508, under the name of Colegio Mayor de San Ildefonso. It was removed to Madrid in 1836. The building occupied by the university combined in itself several forms of architecture, not adhering to any one.