Part 16

You shall take most especial care for the well-being of the soldiers, and see that they are well paid, employed, and disciplined. You shall endeavor to keep them useful and of service. Those holding offices or other means of gain you shall not permit to draw pay. You shall observe and cause to be observed for the said captains, officers, and soldiers, their exemption from arrest for debts contracted during the period of their service. Nor shall execution be taken against the weapons, horses, or anything else needful and peculiar to the military.

Whenever you shall send any captain with men upon any commission or duty that may arise, you shall order that his privileges be observed also--namely, what pertains to his ordinary power and requisite authority to order and punish inferiors, and to regulate all other military matters. You shall see that these privileges are conceded to them, and that they exercise them, but shall declare that their jurisdiction extends solely to their soldiers. You shall charge them to treat the Indians well, and to fulfil their command in such a way that the Indians receive no injury. You shall exercise great care to punish openly any excess in this direction.

It is my will that you have a retinue of twelve halberdiers as a bodyguard; the said halberdiers shall draw the same pay as soldiers, and shall have a chief or captain, who shall draw fifteen pesos monthly. Although their principal duty must be to act as a retinue, and this is done and ordered on account of what pertains to the authority and dignity of your offices, you are advised that they must likewise perform military service whenever occasion demands.

Inasmuch as I have been informed that many of the soldiers sent from Nueva España to the said islands are lads, mestizos, and some Indians; that they have no weapons; and that a portion of them are pages and servants to the captains and other persons, who, together with their masters, under the pretext and name of soldiers draw their pay--I charge and order you, now and henceforth, not to receive or admit as soldiers any Indians from Nueva España. On the contrary, the viceroy [of New Spain] must be informed that he is not to send them; and the Indians, that they shall not be received or admitted; and of the mestizos only those who merit it, and whom you think very well fitted for it. None of the others shall be sent who has not attained the age of sixteen years and over, and a soldier shall not be the page or servant of any person; for while he acts in such capacity, he shall not receive soldier's pay. In all of the above, I charge you to take strict account, so that nothing may be done, nor shall you permit it, to the contrary.

Gomez Perez Dasmarinas left the city of Manila walled with stone wherever it was necessary, and constructed a fort and tower in those parts where he was ordered. Because of the importance of keeping that citadel well defended, you shall, as soon as you shall arrive, inspect the said forts and wall, and shall see that they are kept in order and well maintained. If they are incomplete, you shall finish them, and advise me of everything.

The said Gomez Perez was likewise ordered to construct another fort in Yllocos or Cagayan as a protection against the Indian, Japanese, and Chinese robbers; another in Çebu, as a protection against the Borneans and Malucos; and another in Panpanga, as a protection against the Çambales. He was instructed to maintain the continual care and vigilance required for the preservation of lands so new, remote, and surrounded by enemies. He was ordered especially to beware of the natives of the country, who are numerous, and have but little endurance and permanence in the faith; of four or five thousand Chinese who live there, and go to and fro upon their trading voyages; of the Japanese who resort there regularly; of the Malucos and Borneans, who are irritated, and have vaunted themselves boldly and openly; and most especially of the English Lutherans, who go to those coasts. Although I have been told that the said Gomez Perez had constructed the said forts, whereby to check the incursions of those nations, I charge you that, if they have been constructed, you look carefully to their maintenance. If they need anything for their completion, you shall complete them. You shall proceed cautiously, and keep ever on the watch, since you see what happened to the said Gomez Perez by trusting to the apparent good faith of the Sangleys.

The said Gomez Perez was charged also to construct a moderate-sized coasting fleet of a few galleys or fragatas to guard and cruise along the coasts, and prevent the thefts and damages that the Japanese were wont to inflict throughout them, especially in the districts of Gagaian and Yllocos. There they were wont to capture the Chinese vessels that bring food and merchandise to the said islands. This was the cause of great loss, and an impediment to commerce and plenty. Likewise the fleet could be used to prevent the Chinese, on their return to their country, from harming the natives of the above-mentioned islands, to afford protection against Chinese and Bornean pirates, and to oppose any other acts or attempts of foreigners. In conformity with this order, the said Gomez Perez had eight galleys built, which he had well manned. They were of great use for the protection and defense of those lands. Therefore it is desirable that they be maintained. Hence I order you to see that they are well manned and provisioned. You must keep close watch over the conscripts, so that the fate of Gomez Perez may not occur again. You shall have another galley built to replace the one lost. Inasmuch as you must maintain the roll of men complete, you are advised that if you find that the scruples raised by certain men, in regard to the Indian slaves bought by the said Gomez Perez in order to man the said galleys, as there were no other men available for them, are still in force, then it will be advisable for you and the archbishop, together with those persons whom you both think advisable, to discuss this matter, and to determine how the galleys can be maintained and manned without the said scruples; or that those who have those scruples, may tell how the land may be made secure without them. You shall advise me of everything and of the account given to you by the commander and officers of the said galleys, as to their condition, adequacy, and services.

Upon your arrival at those islands, and when you shall have taken charge of your office, you shall investigate the new method and conditions by which new invasions and pacifications may be lawfully made; also the smallness of the number of men, the slight cost, and the great ease and advantage with which they should be made, because of the division of the country into many islands and among many petty rulers, who easily come to blows among themselves, and ally themselves with the Spaniards, and hence can be preserved with but few soldiers. Since the petition in regard to the pay and number of the soldiers there was conceded--and you must keep the soldiers in good discipline, and satisfied and well-paid--you shall make the said expeditions of entry and pacification with great forethought and justification. You shall observe the ordinances in the instructions for new discoveries, which shall be given you, and shall not transgress them one jot or tittle in regard both to what is pacified during your term, and to conserving that, as well as what shall have been pacified before; for in both cases you must do this without any sort of violence or ill treatment, but with the kind treatment by which friends must be preserved. Thus if there has been any excess in this--which has been done contrary to my will and orders--it must entirely cease in whatever shall be done during your term. By this I lighten my conscience and charge yours.

The great need for the said pacification in the said islands has been reported, especially in those very districts where the Spaniards live, and which they frequent. These districts are all in rebellion and unsubdued, because of the lack of soldiers. Report has been made also of the injuries and vexations caused by the soldiers there to the natives. And inasmuch as things are come to such a pass there, according to report, that the island of Lucon has many provinces which have never been subdued, or if subdued, are in rebellion--as for instance, Cagayan, Panga[sinan?], Onçian, Çambales, Valenses, and others, all in the midst of the pacified provinces, and near and contiguous to Manila, and all in confusion and lack of any regulation--as soon as you reach the said islands, with the advice and opinion of the Audiencia, you shall ordain what is most advisable in this matter. You shall begin, as may be reasonable and most desirable, by attending to the general improvement of these conditions, and with especial care and assistance; for evil might come upon the distant places, if the part at your very doors is left under suspicion and unsubdued. Besides there is the obligation to try to secure the continuation of the instruction of so many people as are already converted, and under my royal protection. Because these do not have the peace and tranquillity required, they suffer great hardships and wrongs from those who are in rebellion and unpacified. Daily the latter harass, kill, and assault them, and burn their crops. On this account, and because they kill many Spaniards also, not only is there no advance made in conquests, but that portion conquered is being daily diminished. In order to reform this state of affairs, you shall give commands, in accordance with what has been said above, with great consideration and justification. You shall always observe, as aforesaid, the ordinances set forth in the instructions for discoveries, pacifications, and the introduction of the gospel, without violating them in any point.

Beside the said provinces that are in rebellion in places, among the Spaniards and Indians already converted, there are others, which although they do not lie so near, yet, in respect to their distances and the nature of their inhabitants, cannot be termed new discoveries, as they are already known and considered--as, for instance, Babuyanes, the island of Hermosa, the island of Caballos, Lequios, the islands of Ancion, Jabas, Burney, Pacaguan, Calanyanes, Mindanao, Sido, Maluco, and many others. Since, as it is reported, the condition of these provinces is daily becoming worse, and it is advised that it would be necessary to pacify them for the welfare and safety of the Spaniards, and that delay might make that task more difficult, you shall inform yourself as to how the said pacification and conquest can be best and most quickly made. You shall perform it with the advice and opinion of the Audiencia, in the form and manner most advisable. You shall always observe in everything the form above mentioned, and no other.

As I have thought it advisable that you, whom I trust so completely, should, with the advice and opinion of the Audiencia, have power and authority to make the said expeditions of entry and pacifications at the cost of my royal exchequer, in consideration of the fact that, if you in lands so remote were compelled to await a reply from here, important opportunities and occasions might be lost, I have resolved to empower you for this purpose. Accordingly I give you this power, and I order the officials of my royal exchequer of the said islands to honor all your orders on them for the said purpose, from the moneys in their power. But you are to take note that you shall exercise the said power only in the most important matters that arise. You shall beforehand communicate regarding these, not only with the Audiencia, as above stated, but also with ecclesiastical or secular persons, or such of them as you shall deem suitable and of greatest merit and experience, in order that whatever is done be concurred in by all and the expense be no greater than what is unavoidable. You shall endeavor to make as safe as possible the regions pacified and subdued. You shall advise me, with the minuteness and circumspectness required by the importance of this matter and my desire for its execution, of what you do, of what is pacified, the means that you employ, and the condition in which it shall be placed and left.

In order that this may be done better and at the least expense, I authorize you, after having resolved upon the expeditions of entry and the new pacifications that it is advisable to make, in the form above mentioned, to covenant and agree with captains, encomenderos, and any others, in regard to the said expeditions of entry and pacifications. They shall make them wholly or partly at their own cost, as you may deem more advisable. These men shall be given title as governors of the islands or provinces that they discover or pacify, and for a limited time as captains and masters-of-camp. However, you shall not grant them title as adelantados or mariscals; but, when anyone claims such a title, you shall refer the matter to me, with a relation of the services, character, and merits of the claimant. The said contracts and covenants that you shall make, may, with the concurrence and advice of the Audiencia, remain in force until I approve them, in order to gain time, but on the condition of referring everything to me. For this, in conformity with it, you shall bind the parties to produce the said confirmations within a certain brief period fixed by yourself. They shall bind themselves to observe in their pacifications the said orders and instructions given by me for making the said pacifications and new discoveries, and, after they are made, for conserving them; for in this matter you must make no exemptions, nor shall I make any in any case, nor shall any contract be kept with those who do not observe and keep the above.

I have been informed also that there has been, and is at present, much irregularity in the collection of the tributes from the Indians, because the former governors of the said islands made the appraisements in a very confused and haphazard manner. For, although each Indian's tribute is worth eight reals, paid in whatever the Indian possesses, yet on account of certain words in the said appraisals and of the articles which are assigned for tribute--such as cotton cloth, and other products of the country--occasion is given for the said irregularity. This has resulted in each one's collecting whatever he wished, to the great offense and wrong of the said Indians; for when gold is plentiful, their encomenderos demand money, and when the latter is abundant and gold scarce, they demand gold, even though the said Indians have to seek and buy it. In short, they always demand the said tributes in those things that are scarce. Thus for the tribute of eight reals, some collect fifteen, and others twenty, twenty-five, thirty, and more, according to the value of the products that they demand, which they cause the Indians to seek and bring from other districts, to their great distress and affliction. As it is advisable to remedy this disorder and excess, I charge you that, with the concurrence and advice of the Audiencia, you shall endeavor to have the decree followed in regard to the payment by the said Indians of their tribute in money, gold, or land products--as they choose, without being forced or urged to pay it in any other thing or product whereby they suffer the said wrong, or any similar wrong; this shall be observed in the payment of the said tributes.

In regard to the lawlessness that has existed and exists, in the departure of the said religious from the said islands to the mainland of China and other places, without permission from the governor or archbishop (declaring that, because of their universal power, they will excommunicate those who prevent them) I have previously made known what was regarded as advisable--namely, that the religious should go to the said Philipinas Islands fully resolved to settle there, and not to go to any other place without your permission and that of the said archbishop; for I am sending them for this purpose, and they go there at so great expense to me, in order that my obligation to furnish instruction might be fulfilled. It is not right that, when they go there, they should frustrate all the above for their own individual ends and purposes, in order that they might secure and enjoy the privileges on which they are established; without being bound to their ministry, which they have no right to abandon. This must be understood as affecting the religious who go there for the purpose of settling and remaining in the islands, and not those who have my permission to go farther to other districts; for, when the latter is given or granted them, it will be after weighty consideration.

I have been informed also that, in order to correct the license that has existed, and the wrongs that have resulted from the departure of some from the said islands for China and other countries without order or permission, it would be advisable to ordain, under severe penalties, that no Spanish layman may leave the islands for any place, or to attend to any business, or give fragata, supplies, or any other aid to any of the said religious, except by my special order, or by your permission and that of the said archbishop. Inasmuch as this is coördinate with the contents of the preceding section, you shall note what is provided therein, for the same must be understood in what touches this matter, which it covers completely.

I have been informed that wrongs are inflicted on the heathen Chinese Indians who go to trade at the said islands, both in permitting the guards stationed by my royal officials on their vessels to take bribes (which are brought from China to give to private individuals, in order to allow them to do certain things), and in the conduct of those who register the vessels, who seize and take from them all the best merchandise, and leave them only the worst. This they pay for only at the price brought by the rejected merchandise. The Chinese, because they fear lest those who register their vessels should take their merchandise from them at the time of appraisal, value them at prices much in excess of their true value. The result of this is that, as the goods are sold afterward at very low rates, the Chinese pay my duties at the rate of valuation. Moreover, the masts are taken from their vessels in order to place them in Spanish vessels, as they are light; and in exchange they are given others, which are so heavy that they are lost. This is not right and ought not to be permitted. Therefore I charge you not to allow it, or to permit any wrong to be inflicted upon the said Indians. On the contrary, both you and the said Audiencia shall take special care to remedy the said wrongs, and to punish those who inflict them. You shall show all kind treatment and attention, both to the above and to all others who went there before for trade and commerce. You shall expedite them in every way and treat them well, as is advisable--not only so that they may continue the trade, but also so that they may be led to abandon the idolatry and blindness in which they live, and to receive instruction in the law of the gospel.

Because of the importance of attention to duties of citizenship on the part of citizen encomenderos--both for the conservation and defense of the said islands, and for their settlement and increase--I charge you to grant leave to no encomendero, under any considerations, to absent himself from the said islands, even if he should have permission from the viceroy and Audiencia of Nueva España. If anyone should absent himself without permission from me, or unless you shall have granted him permission for unavoidable reasons, you shall deprive him of his encomienda, and bestow it upon another and more deserving citizen. Inasmuch as Mariscal Gavriel de Rivera, Captain Juan Pacheco Maldonado, and other citizens went to Nueva España by permission of former governors, and although they have petitioned me for a prolongation of their stay there, not only have I not conceded this to them, but I have answered them bidding them to return. They were warned that their encomiendas would be declared vacant, as the time granted by their permission is already expired, unless they should have returned within the period by which they were bound. If you ascertain, upon your arrival at Nueva España, that they have not returned to the said islands, then you shall deprive them of the said encomiendas, and give the same to others. You shall admit no objection or excuse, for whatever you do contrary to this, now and henceforth, I hereby declare as invalid and null and void.

As I was petitioned, in behalf of the said islands, to grant them a concession ordering exemption from the duties on the first sale of the goods that they send to the port of Acapulco and other places, and also that the twelve pesos per tonelada of freight shipped by the citizens of those islands be not collected at the said port of Acapulco--this is the duty imposed by Don Gonçalo Ronquillo--answer was made them that the proceeds from these duties were very necessary in order to pay the soldiers and for other expenses. Accordingly Gomez Perez was ordered in his instructions to have them collected for the above-named purpose, and you shall do the same, until I ordain and order otherwise.

Much has been reported of the disadvantages arising from the trade between those islands and China. The Portuguese have complained of this, and declared it to be of great harm to them in their trading. They allege other reasons, in order to persuade me that this trade should be prohibited. But other reasons, proving the contrary, have not been lacking here, the first and foremost (and it is true) being that, by this means, the land already discovered can be conserved, and the gospel can be introduced into other lands farther on--a matter that under any other régime would be difficult and almost impossible; and although the Portuguese offer other important arguments, this is what most influences me. Therefore, in order to adopt the method which will best harmonize these difficulties, my council discussed the matter, and advised what you will see in the decrees which have been despatched on this occasion, and which shall be given you. I order you to have them observed and obeyed to the letter. However, if any disadvantages should result, or if there are any other more desirable methods, you shall advise me of all, so that after investigation, the advisable steps may be taken.

Because of my great desire that the contents of section seventeen be obeyed to the letter, I charge and order you that, whenever you write me and send me despatches, you shall send a minute and exact relation of all the meritorious persons who claim reward for services that they have performed in the reduction, pacification, and conservation of that land, with the character, seniority, and other circumstances concerning each of them. You shall send also a list of those whom you shall reward, with the means, method, reason, and justification of the reward that you shall have given them. This shall include both the vacant encomiendas that you shall have allotted, and the posts that you shall have filled, or any other means that you shall have employed in granting the said rewards. For if I have this information regarding them all, then the reason for the complaints and grievances of certain men can be investigated, who assert that they do not receive the reward and remuneration that they demand. In order to bind them more closely to the fulfilment of the aforesaid, a decree of like tenor shall be sent you, and you shall examine and obey it.