Chapter 14

_Commission of Gomez Perez Dasmarinas as governor; and other decrees which were taken to Macan_. Don Felipe, by the grace of God, King of Castilla, Leon, Aragón, the two Sicilies; Jerusalem, Portugal, Navarra, Granada, Toledo, Valencia, Galizia, Mallorcas, Sevilla, Cerdeña, Cordoba, Córcega, Murcia, Jaén, the Algarbes, Algeciras, Gibraltar, the islands of Canarias, the eastern and western Yndias, and the islands and mainland of the Ocean Sea; Archduke of Austria; Duke of Borgoña, Bravante, and Milan; Count of Abspurg, Flandes, Tirol, and Varcelona; Lord of Vizcaya and Molina: Inasmuch as, from the time when the Filipinas Islands were discovered in the great Chinese Archipelago, I have always given much care to the supplying of religious to preach the gospel in those far-away and remote regions, in order that our Christian religion might be spread in those islands which our Lord through His mercy chose to call to a true knowledge of Himself; and in order that a more godly success might be obtained among the natives of the said islands and others of the same archipelago, and of other neighboring lands and provinces surrounding the regions already discovered and pacified; and in order that, through the mild method of instruction, they might attain the end for which they were created, I have continually supplied Spaniards to settle those islands, so that with their presence and defense, religion might be established and its ministers protected. Moreover, wishing better to regulate affairs and to render them more stable, I gave orders for the establishment of the Audiencia and royal chancilleria in the city of Manila, of the said Filipinas Islands. But now--having heard that the said Audiencia is a heavy burden to a new and thinly-populated land; and that besides, having few matters to settle, it incurs heavy expenses for the maintenance of ministers and officers--I have decided to order the abolishment of the said Audiencia and the resumption of the same form and order of government that existed before the establishment of the Audiencia. Considering how much and how well you, Gomez Perez Dasmarinas, knight of the order of Sanctiago, have served me, and considering the many good qualities united in your person, I hereby elect and appoint you my governor and captain-general of the said Filipinas Islands, hoping that you will continue to serve me on all occasions with the love and faithfulness which my great trust in you imposes upon your person. In such capacity, it is my will that you enjoy and exercise the said offices in the cases and matters connected with and depending upon them, so long as I desire; and in the manner which the persons who have exercised them hitherto have been accustomed, permitted, or obliged to do; and as other persons who have served and are serving me in similar offices in these islands and provinces of the Yndias do, may, or must do. It is my desire that you administer justice for me, both civil and criminal, in all the cities, towns, and places, settled or to be settled; you shall also confer offices of justice, war, and others which exist in the islands. Through this decree, or a copy of it, signed by a notary, I order that the civic bodies, courts, regidors, knights, esquires, officers, and good men of all cities, towns, and places of the said Filipinas Islands, and the officers of my exchequer, and the captains, inspectors, and other persons residing there, whatever be their station, shall--after you, the said Gomez Perez Dasmarinas, have taken the oath with the solemnity required by the occasion, and according to the custom of the cabildo of the city of Manila, of the Filipinas Islands--receive you and look upon you as my governor and captain-general of the said islands, and freely allow you to enjoy and exercise the said offices, and to carry out and execute my justice in the said islands, whether it be through your agency or through the lieutenants of my governor and captain-general. I think it advisable that the offices of corregidor, alguazil, and others which you assign in the said islands shall be declared vacant and removed whenever you consider that my service and the execution of my justice demand it. You are empowered to substitute others in their places; and to hear, dismiss, and decide all the civil and criminal trials and suits which may arise in the said islands and towns; you and your lieutenants are empowered to deprive the said offices of the fees connected with and pertaining to them, and to make any investigation in former suits, and other matters connected with and pertaining to the said offices which you and your lieutenants may consider necessary for my service, the execution of my justice, and the settlement and government of the said islands and communities. In order that you may enjoy and exercise the said offices, and carry out and execute my justice as above stated, all men shall submit to you and give and cause to be given to you all the support and aid which you ask and need from them. All shall respect and obey you, and carry out your orders and those of your lieutenants; and they shall in no wise place or allow to be placed any obstacle or opposition before you, since I hereby accept and consider you as accepted in the capacity of the said offices, and in the enjoyment and exercise of them. I give you power and authority to enjoy and exercise them and to carry out and execute my justice as above stated. In case those persons, or any of them, shall not accept you as holding the said offices, I command whomsoever holds the reins of my justice in the said islands, as soon as you, the said Gomez Perez Dasmarinas, ask for them, to give and yield them up to you, and to exercise their offices no longer--under pain of incurring the punishment incurred by those who exercise royal and public offices without any authority; for I hereby suspend and hold them suspended from the said offices. You, your lieutenants, and other magistrates shall enforce, and cause to be enforced, all fines and punishments which you may inflict, which moneys are to be given and delivered to the officials of my exchequer. Whenever you consider it fitting for my service and for the execution of my justice for any of those persons, who are now or may be in future in the said islands, to leave the same and not return thither, but come before me instead, you shall send them in my name, and cause them to depart in accordance with the ordinance to this effect. You shall state to the persons whom you thus send the reasons for your doing so; but, if it seems best to give the information secretly, you shall give it enclosed and sealed, and then you shall send me a similar explanation by another messenger, in order that I may have knowledge of it. You are warned not to send any one in this way unless urged by serious reasons. Both parties are to do nothing contrary to this, under pain of losing my favor. Given in San Lorenzo, August the ninth, one thousand five hundred and eighty-nine.

_I, The King_

I, Joan Ybarra, secretary of the king our lord, had it written by his order.

The licentiate

_Hernando de Vega de Fonseca_

Registered:

_Pedro de Ledesma_, Chancellor.

_San Joan de Sardaneta_

_Clause of the instruction_. The king, our lord, sent me, in such capacity, an order through royal decree and instruction, signed by his royal hand, the original of which does not accompany this on account of its being inserted in other important decrees and secret orders relating to his royal service. The order in question reads as follows: "Whenever you think best to allow and give permission to the inhabitants of the said islands to go to Xapon, Macan, and other kingdoms or settlements of the Portuguese or the heathens, for the sake of trade, you can do so after having first carefully investigated whether there is any obstacle or danger in the journey." Since, for the reason which will be stated below, his Majesty's desire corresponds to two other royal decrees which will be shown, we have inserted here a number of original documents which successively read as follows:

The King: To Don Gonzalo Ronquillo de Peñalosa, my governor and captain-general of the Filipinas Islands, or, in your absence, to the person or persons having charge of the government. According to what I wrote you on the fourth of April of last year, eighty-one, and what you have seen since in the despatches sent by the fleet which left for Nueva España on the thirteenth of June of the said year, you must have heard that, on account of the death of the most serene, powerful, and lofty king, Don Enrrique, my uncle (may he rest in peace), I succeeded to the kingdoms of Portugal; and that their crown is united to that of the other kingdoms which I already possessed. Since for this reason all become one and the same people, and you and the Portuguese are all my vassals; and since it is right that, for the better support of my service, there be agreement and amicable relations among all, especially in these regions--where, on account of their great distance from here, one must exert himself to remedy the losses which may come from events that occur daily, without awaiting orders from here, on account of difficulties which would be caused by the delay--I command you that on all occasions, whether together or separated from one another, you maintain friendly relations and one mind among yourselves, as I have written, being careful to help, support, and defend one another alike in all needs and with great harmony and friendship, as it is right for you to do. I warn you to act in all things according to that trust I place in you, so that there may be no omission in the affairs committed to you, for this should be your chief and main aim. Lisboa, March thirty-one, one thousand five hundred and eighty-two.

_I, The King_

By order of his Majesty:

_Antonio de Herasso_

The King: To Don Gonzalo Rronquillo de Peñalosa, my governor and captain-general of the Philipinas Islands; or, in your absence, the person or persons who may hold the reins of government. You understand, from what I have written you before and what I write now, the causes and reasons why there should be a close and friendly relation between you and your people dwelling in those islands and my viceroy of Eastern Yndia, and my governor and captain-general of Malaca with his Portuguese; and how well served I shall be if, since you are all on the same footing, and since you are all my vassals, you deal, communicate, and make friends with one another, and help one another whenever occasion and need shall arise. There was little necessity to remind you of this; yet, seeing that it is so important and so reasonable that things be so, I have decided to recommend the matter to you, assuring you that I shall be much pleased thereby. If at any time my viceroy of Yndia, or the governor and captain-general of Malaca, should write to you asking to send men to his aid, you will send him the men whom you can spare from those islands, in order that he may be secure; and do so with the precaution that you shall find needful. In either case, you will give orders as one who has the matter at heart, and knows what can and must be done. Since I trust in you and your prudence, and allow you to send some troops and captains under similar circumstances, you shall ask the same to obey and carry out whatever he whom they go to help may say and order, either in writing or orally, serving him with the good discipline and obedience to which that nation [the Portuguese] are accustomed, in the expeditions and military exploits which may take place. Lisboa, on the thirty-first day of March in the year one thousand five hundred and eighty-two.

_I, The King_

By order of his Majesty:

_Antonio de Erasso_

Considering the fact that the king, our lord, is pleased to have harmony, friendly relations, commerce, and trade between the inhabitants of these islands and the Portuguese nobles inhabiting Macan, Xapon, and other regions--which things are necessary for the preservation of these his kingdoms, and the welfare and prosperity of his vassals, and the exaltation of our holy Catholic religion; and since in fulfilment of this royal desire and offer of friendly intercourse, commerce, trade, and many other things pertaining to his royal service, as I am in need of ammunition for this camp, I am forced to send a person to the city of Macan--namely, Pedro de Brito, a regidor of this city of Manila--whom I order to sail from these islands to the said city of Macan on the ship "Nuestra Señora de Conception" (or, as it is also called, the "San Pedro"), with Pedro de Solorzano as captain, and Antonio Diaz Delaleres as ship-master. I have given him permission to sail, and if necessary, to let this document serve as a permission for the voyage and the return to this city, observing strictly all my instructions and orders: therefore in the name of the king, our lord, I request and ask in my own name the chief captain of the said city of Macan, the officers of the exchequer, and the magistrates and rulers of the city; and whatever governors, captains, judges, and magistrates may reside in the said city in his Majesty's name; also nobles, and other persons who live there, and in others of his kingdoms and seigniories--of all these I request that, whenever this is shown, they examine the said royal decrees and obey and observe them. I request them to let the said regidor, Pedro de Brito, come into port with the said ship and crew, allow them to land, and communicate and trade with the inhabitants and natives in all things that they desire and need, and to offer no obstacle or hindrance; but, on the contrary, to protect and help them for their success, and in the necessary preparations which they will make, as they owe to the service of his Majesty. I shall do as much to them whenever a similar request is made of me. In the city of Manila, on the third day of July, in the year one thousand five hundred and ninety.

_Gomez Perez Dasmarinas_

By order of the governor:

_Gaspar de Azevo_

This was corrected and compared with the said government book from which it was copied. Manila, June twenty, one thousand five hundred and ninety-one. The following witnesses were present when it was corrected and compared: Miguel de Solarte and Adrian Perez.

_Gaspar de Azevo_

_The Governor's Opinion_

Sire: Having examined this investigation which the cabildo, magistracy, and regimiento of this city have made, so that your Majesty might favor the inhabitants of Manila by granting them commerce with the inhabitants of Macan, and considering the little harm which the Portuguese would suffer from it, my opinion is that, with your Majesty's pleasure, the favor could be granted, for very little trouble will follow from it. Moreover, it will benefit this camp, in that we shall be able to get ammunition, supplies, and other things from the city of Macan: for, as far as ammunition is concerned, the trade with China is closed, since no Chinese would dare to bring it over.

_Gomez Perez Dasmarinas_

This copy was made, corrected, and compared with the evidence and other decrees already mentioned, at the request of the attorney of this city of Manila, and by order of the said governor, on June twenty-second, one thousand five hundred and ninety-one, in Manila; and in the presence of the following witnesses, who saw when it was taken, corrected, and compared: Miguel de Solarte, and Adrian Perez. Therefore, I set my seal to it in witness of truth.

_Gaspar de Azevo_

We, the undersigned notaries, certify and truly testify that Gaspar de Azevo, whose signet and name are attached to this investigation, is government notary of these islands; and, as such, the instruments drawn before him, or which have heretofore been drawn before him, are to be given full faith and credit in or out of court. Port of Cavite, June twenty-third, one thousand five hundred and ninety-one.

_Alonso Esteban de Marquina_, notary.

_Tomas Perez_, notary.

_Miguel de Quintanilla_, notary-public.

The preceding was deliberated upon in Madrid on the twentieth day of July, one thousand five hundred and ninety-two.

The licentiate _Gonzalez_.

[_Endorsed at beginning of document_:

"The city of Manila in the Filipinas Islands; concerning the possibility of their inhabitants trading with those of Macan.

_Ledesma_, secretary."

"Eighty-four maravedís were paid for the examination, on July 15, 1529 (_sic; sc._ 1592).

The licentiate _Gonzalez_."

"The possible trade between Macan and the inhabitants of Manila."]

[_Endorsed on back of document_: "Investigation concerning the question of Macan; for Domingo de Uribe."]

Documents of 1592

Opinions of the religious communities on the war with the Zambales. Juan de Valderrama, and others; January 19-20. Letter of congratulation to the bishop, clergy, and people of the Philippines. Clement VIII; March 25. Letter to Felipe II. G.P. Dasmariñas; May 31. Rules for the Manila hospital. G.P. Dasmariñas; [May 31]. Expedition to Tuy. [Luis Perez Dasmariñas]; June 1. Two letters to Felipe II. G.P. Dasmariñas; June 6, 11. An embassy from Japan. Hideyoshi, and others; 1591-92. Three letters to Felipe II. G.P. Dasmariñas; June 20, July 6. Luzón menaced by Japanese. [G.P. Dasmariñas; 1592?].

_Sources_: All these documents are obtained from original MSS. in the Archivo general de Indias, Sevilla.

_Translations_: In the first document, the opinion of the Augustinians is translated by Joseph Fitzgerald; that of the Franciscans, by Victoria G. Peacock; the remainder, by James A. Robertson. The second document is translated by Rev. T.C. Middleton, O.S.A., Villanova College; the third, by José M. and Clara M. Asensio. In the eighth document, the first letter is translated by Helen E. Thomas; the third, by Mary F. Foster. The remaining documents of this group are translated by James A. Robertson.

Opinions of the Religious Communities upon Waging War with the Zambales

Opinion of the Augustinians

Your Lordship orders us to give our judgment whether it be lawful to make war on the Zambales, in view of the many injuries that they have been and daily are inflicting upon our people; and, if so be that the war is lawful and righteous, what measures may be taken to attain the end proposed therein, security.

In reply to this we say that, according to all the authorities, divines as well as canonists and jurists, three conditions are required in a war to make it a righteous one; and on these we will rest the justification of the war at present under consideration.

The first condition is that he who begins the war shall have authority; the second, just cause for making war; and third, righteous intention.

The first requires that he who begins the war and by whose order it is waged be a public person, as St Augustine declares, _Contra Faustum Manichæum_; cited by Gratian (23 qu. I. c. _Quid culpatur_): _Ordo naturalis mortalium paci accommodatus hoc poscit, ut susctpiendi belli authoritas atque consilium penes principes sit_. Whence it is clear, as St. Thomas says (2a 2æ, q. 40, art. I), [10] that a private person cannot lawfully make war; for, if he is aggrieved, he should resort to his superior for satisfaction; and it is as little within the right of a private individual to collect such a body of men as is requisite to carry on a war. The difficulty is to understand what is meant by "public person" or "prince;" for it is plain that it is not lawful for every prince or judge whatsoever to wage war. The solution of this difficulty, according to St. Thomas (_ubi supra_,) and Cajetanus (_ibi_ and in _Summa, ch. Bellum_), and Castro (_De justa hæreticorum punitione_ lib. 2, c. 4), is that by "public person" in the present case is understood the one who in his government depends not on another; such are the kings of Spain and France, also some free commonwealths, as Venice, Florence, and Ferrara: these have authority, without recourse to another, to wage war. But those princes and states whose government is not sovereign may not levy war without authority from their superior; and so the lords of Castilla and the viceroys and governors appointed by our king Philippus may not without a warrant make war.

What is said applies not when war is waged for defense against enemies, but in other circumstances; for if it is for defense, such war is permitted to any governor or king, as the authors say, because _vim vi repellere licet_; [11] and thus the viceroys and governors of the Indias have authority to levy war against disturbers of the peace and quiet of the states of which they are in charge, without necessity of resorting to his Majesty for permission.

The second condition of righteous war is that the cause for which it is waged shall be a just one, as St. Thomas says: "Those upon whom war is waged deserve it for the offenses that they have committed, and the grievances that they have inflicted upon the one who makes war on them." Thus says St. Augustine (lib. 83. _Quæstionum super Josue_, 9. 10), and Gratian quotes him (23, q. 2, c. _Dominus noster_): _Justa autem bella solent definiri quæ ulciscuntur injurias, si gens vel civitas plectenda est, quod vel vindicare neglexerit quod a suis improbe factum est, vel reddere quod per injuriam ablatum est_. [12] And as this injury and grievance may be of many kinds, so too, many and various are the just causes of war; but we will consider here only those which make for the matter in hand, confirmed by the authority of Scripture.

The first ground of a righteous war may exist when one is hindered from doing what he may by right do. This is matter of natural and divine law and on this ground Julius Cæsar, as Lucan represents him (lib. 1), made defense of his conduct in waging war against the Roman state--viz., that the state had blocked to him, a Roman citizen, the route to Rome; and so he said, arms in hand, _Omnia dat qui justa negat_. [13] On this ground, as St. Augustine says (in _Quaest. Num._ q. 43), [14] the children of Israel justly made war on the kings of the Amorites (_Ut legitimum_, c. 21), for having withstood their passage through their country when they were on their way to the promised land, although the Israelites had given assurance that they would do no damage to the lands, the crops, or the vineyards of the Amorites. And so says St. Augustine (and he is quoted _ubi supra_, last chapter), _Notandum est sane quemadmodum justa bella gerebantur a filiis Israel contra Amoritas: innoxius enim transitus denegabatur qui jure humanæ societatis aequissimo patere debebat_. [15] Upon which passage Joannes Andreas in his gloss well says: _Licet enim transire per alienum agrum jus non sit, tamen quia necessarius et innoxius erat iste transitus illi prohibere non debuerunt; item quia via publica erat et nemo prohibetur via publica_. [16]