Chapter 12

1. In the first place the king of Canvoja, his wife and children, and his household must be baptized, and must receive the faith and gospel of Jesus Christ our very God and Lord; and he must allow it freely to be preached in his country and realm, and lend all his favor and help to it and to the building of churches, protecting and favoring the said fathers, and ministers.

2. So soon as the Spaniards have arrived in his country he must give them for their accommodation a port, and a good site for settlement and fortification, which settlement and fortification he must aid to construct with his men, with all haste, and at his own expense for the first time, since it is for his defense, protection, and greater safety.

3. He must pay the troops and camp people, soldiers, captains, commander, and other officers of war, so long as, and during the time while they shall not have any repartimientos or other certain sources of income whereby to maintain themselves; this pay must be punctual, and fully paid by thirds of a year, and likewise he must supply the camp with provisions, in such wise that they shall not suffer need or lack the necessary supplies.

4. In the matters in which he seeks our favor and help we shall only be bound to give them when those matters are justified and right, and as such permitted by our holy faith, and of no other kind. Consequently, for this favor and help which is accorded to him he must swear to be a perpetual and faithful friend of our king and lord Don Felipe II, and of the prince our lord, his son, Don Felipe III, and of his other successors in the kingdom; and as such, whenever occasion shall arise which makes it necessary for defense or offense, and to carry expeditions into other neighboring kingdoms and lands, he will aid with his troops, elephants, and vessels, in so great number as he conveniently can without embarrassment, conformably to the power and forces which he shall have at that time available therefor, without binding or obliging himself in case of evident lack or need therefor.

5. In the expeditions which the king of Canvoja shall with justice undertake against other kingdoms and lands in which the Spaniards may help him, if they are victorious, he must share with his Majesty what may be won of such lands and kingdoms, that it may be placed under his royal ownership, and that he may do with them as with his own, whatever he may please. Furthermore, of the spoils and gains from the sacking of such lands, cities, and kingdoms he must give to the soldiers who shall go to aid him in such expedition, if he does not pay any other salary or wages, a third thereof; and, if he does pay other wages, a fourth.

6. _Item_. The Spaniards who go must be subject to their superior commander, who takes them in his charge, and who shall be appointed by me. They are to be punished by him for any wrong-doing which they commit, and the same must hold true in the expeditions which they make; and the colors must not be lowered to any other persons except those customary among ourselves, nor to any other ensign, standard, or person; but, in whatever place and occasion they may be, they must keep their due and just place.

7. The king and his sons, or he who shall succeed him in the kingdom, must swear that never, after the Spaniards shall be in their country and kingdom, and shall preach the gospel of Jesus Christ our God and Lord, will they receive therein or consent to any false doctrine, or allow any other faith to be obeyed or publicly preached, or that there shall be set apart for it houses, persons, or public places.

8. In case that he shall lack children or legitimate successors, and must name a successor in the kingdom, it should be with the advice of persons deputized and commanded by the Spaniards, and with that of the superior or superiors of the religious and the orders which may be in his country. He must not appoint or leave as successor in the kingdom any one who is not a Christian, or who will not swear to keep and comply with these stipulations as he does. In case that he should lack relatives or other persons to whom rightly and justly the succession of the kingdom should fall, and he has to name some outside person, it must be our king and lord Don Felipe, or the legitimate successor who may be reigning at that time.

These said eight stipulations just given were proposed by his Lordship to the said Diego Beloso and Gregorio de Vargas, ambassadors of the said king of Canvoja, that they might examine them and confer together, and promise in the name of the said king that if the said aid were sent he would formally and duly swear to keep, accept, and comply with them, according as their tenor demanded, without breaking or violating them, or any part thereof at any time--neither he, nor his successors and heirs, under penalty that if they should break or violate them, or any part of them, from that time on the Spaniards remained freed and no longer bound to the aid and help which they are to give if these stipulations are complied with; and they may freely do what seems best to them.

The said stipulations having been examined by the said Diego Beloso and Gregorio de Vargas, and having discussed and conferred in regard to them as to what was expedient, they said that the king of Canvoja would accept them all and comply with them; for they have learned from him that very willingly will he receive them, and swear to carry them out for himself and for his successors. This they have understood and regard as the truth, considering the eagerness with which they have seen him seek for and desire the friendship of the Spaniards, and their presence in his land, beside the matters which he has mentioned and communicated to them very particularly. They consider it certain that at present his desires will be the stronger on account of what has happened to him; they except in all the above only two things, one of which is that he should not be obliged in any way to force his wife and children immediately to become Christians, but that he without doubt would do so. The other is that he also should not bind himself to pay and maintain the troops of war who go there to aid him; since for this the said king will give one of the best provinces of his kingdom, so that out of the tributes and profits thereof the said troops may be maintained and paid. With these two exceptions and declarations, in all the rest they promise and bind themselves, as ambassadors of the said king of Canvoja, so far as they can and ought to be bound; and as further evidence thereof they give their word and bond for him that he will do and fulfil what they therein agree upon and promise in his name, that he will accept, comply with, and keep, and swear to keep and comply with the said stipulations, and that at no time shall he or his successors break them or violate them, or any part thereof, under the penalties provided for and incurred by those who shall violate the faith and loyalty which they promise in so great and important matters. Accordingly, if the aid which is sought be furnished them, he on his part will comply with that which is asked from him, without in any manner failing. They as his ambassadors, with all the power which they hold and as best they can and should, bind the said king and swear in his name to its fulfilment, through God our Lord, with the sign of the cross and upon the holy gospels, in legal form. They signed it with their names, to which the undersigned notary attests; and likewise they promised under the said oath that, in the effecting and execution of the aforesaid, they will act as they ought and are bound to do, as faithful and loyal vassals of the king our lord.

_Diego Beloso_ _Gregorio de Vargas Machuca_

Before me:

_Estevan de Marquina_

Instructions to Figueroa

In the city of Manila, on the thirteenth day of November, one thousand five hundred and ninety-five, Don Luis Perez Dasmarinas, knight of the order of Alcantara, governor and captain-general of these Filipinas Islands for our lord the king, declares that he has considered the documents and official acts hitherto made and issued in regard to the settlement and pacification of the island of Mindanao by Captain Rodriguez de Figueroa, as stated in the report and account sent by the alcalde-mayor of Oton concerning the present invasion of the province of Pintados by hostile caracoas. The said governor has also considered the pleas offered in the same matter by Don Francisco de Poça y Guevara y Conçortes for himself and the other encomenderos of the said island of Mindanao; and also the recent discussion, consultation, and conference upon the said expedition and the results thereof. I declare that I ought to direct, and do direct, that Captain Estevan Rodriguez de Figueroa shall be notified to make the said expedition, pacification, and settlement of the said island of Mindanao after the following manner.

First: He shall observe and comply with the commands of our lord the king as laid down in two sections of a royal letter dated at Madrid June 11, one thousand five hundred and ninety-four, the tenor of which is as follows:

"I have considered the directions given by you to Captain Estevan Rodriguez de Figueroa as to the pacification of Mindanao, and approve thereof. I sanction the carrying of these provisions into effect, provided that the third part which he is directed to set off by itself, to be distributed in encomiendas, shall not in income exceed fifteen thousand pesos of eight reals. It is understood that this is allowed for the pacification of the entire island, and that a proportionate allowance is made for a partial pacification. You are also empowered to offer him that the title of mariscal of the said island will be given him as soon as he shall report that the said island is pacified, and that he has complied with the agreement, and has imposed laws; and to bid him to observe the ordinances and instructions made for the said pacification, without exceeding them.

"I take advantage of this opportunity to charge you anew that in this exploration and in all the others that shall be made you shall see to it that the aforesaid instructions and ordinances for new explorations, entrances, and collections of tribute, and the other laws governing these matters be observed, taking care that they are not transgressed in any particular."

These two articles are to be held to be included in the regulations laid down by the late governor and captain-general of these islands, Gomez Perez Dasmarinas, for the government of the said Captain Estevan Rodriguez, in the city of Manila, May 12, 1591, before Juan de Cuellar, his notary; and by virtue of the said letter of the king our lord I offered the said Captain Estevan Rodriguez to give and transmit to him in his royal name the title of mariscal of the said island of Mindanao as soon as he should report that he had pacified it and complied with the stipulations agreed upon; and I also charged and I charge him to fulfil the other matters contained in the said articles, and I acquaint him with their contents, all with a view to his observing and complying with the contents thereof.

Likewise in the interim before our lord the king is advised of that which is done and happens on the said expedition and pacification, and until he replies transmitting a statement as to what must be observed and performed, in order that some inconveniences which may arise in the said interim may be brought to an end, the said Captain Estevan Rodriguez is required to promise and to offer his person and goods as security that, in so far as concerns the persons whom he shall judge proper to receive encomiendas in the said island of Mindanao, and who may receive damage if the said encomiendas are taken from them, or others assigned to them, they shall keep and maintain the same status in such encomiendas. The encomiendas which are to be assigned and those which have been assigned and allotted with the bulk of Indians who are not pacified, and from whom no tribute has been collected, shall be assigned by the said captain, conformably to the provision. As for the encomiendas which have revolted after tributes have been collected from them, whose encomenderos are on the way or have been sent to that country (they having been women and minors at the time of this pacification), when they have taken citizenship and complied with the other commands of his Majesty, the said Captain Estevan Rrodriguez shall give them over as soon as pacified to the said encomenderos. When such encomiendas have a certain number of Indians, that number must be furnished. But if located in valleys, provinces, or rivers, without a settled number of Indians, they must be allotted in an equitable number according to the character and services of the encomenderos, so that there may be enough for all. The encomiendas which are peaceful and where tributes are collected, such as those of Butuan, and others similar, shall remain entirely in the possession of those who hold them; and they shall not be obliged to aid in the pacification or in any other matter, and shall enjoy their possession. As for the actual number of tributes, it appears best at present that the patrons should collect and hold them only from the pacified Indians, and no others. If they should wish to go or send, as has been said, to this pacification, the said Captain Estevan Rrodriguez must assign and give to them shares in the same pacified encomiendas, beside what they possess and collect at present, and as many Indians as shall appear most just, according to their rank and services, and the number which they have on their encomiendas. This must be expedited and executed by the said Captain Estevan Rodriguez de Figueroa, who will keep this matter in mind, and comply and follow it in this wise for the present until his Majesty shall provide and command otherwise (when he will immediately be informed), without prejudice to the service of the parties to the said encomiendas; and, in case they should feel aggrieved, they shall appeal to his Majesty in their own behalf, if they so desire.

2. Likewise he shall neither receive nor welcome any outlawed delinquent, or any other person, who shall go without license from the governor to the island of Mindanao; and those who shall so go, he shall deliver over or send back, as this is necessary for the safety and quiet of this commonwealth, and in order to avoid great inconveniences, evils, and injuries which might occur, and would work ill to the service of God and his Majesty, and injury to this commonwealth.

3. _Item_. He shall allow no intercourse whatsoever with Nueva España, nor send any boat or vessel thither, without communicating and informing us in this city and commonwealth, in order that the trade and intercourse shall be on the terms and in the manner which it is most fitting that it should be, so that there may result therefrom no injury, damage, or loss to this commonwealth; and no such thing should be done without its consent, unless by the commission and express order of his Majesty.

4. _Item_. In case this colony should be surrounded and beset with any enemy, or should be in any need or conflict, so that aid should be necessary, when the said Captain Estevan Rrodriguez learns and is aware thereof, or is informed of it, he shall come with the greatest haste and the largest force possible to its aid, without attempting to exempt or excuse himself, or neglecting to do this in any way, for any reason, nor in any manner. And likewise when there is any necessity of the forces at Maluco and Anbueno being reënforced, he shall aid them in the best manner possible. He shall be intent upon the interests of his Majesty, and other just and pious causes and interests pertaining to the service of God and of his Majesty which should influence him; and because he is so near and accessible he can render aid with the utmost convenience.

5. _Item_. He shall not engage in, commence, or carry out any other expedition or entry into any realm or island, far or near, without the special commission and order to be secured therefor from his Majesty.

6. _Item_. He shall keep and comply with the said ordinances and commands, which his Majesty directs the said governor to impose upon him and cause him to comply with, in this and other discoveries, without exceeding, changing, or violating them, or neglecting to comply with and keep each and every one of them. And if he shall execute any sentence in any cause or suit to anyone's prejudice, damage, or grievance, he shall pay, as damage for the party, the losses which were undergone and suffered by the parties through him.

All this that has been said the said Captain Estevan Rrodriguez must promise to keep and comply with, under the said obligation of his person and goods. Having accepted, as above stated, the said expedition, the said Captain Estevan Rrodriguez de Figueroa was informed and made aware of the agreement contained herein concerning the said expedition and pacification, by virtue of the empowering instrument which he holds to that effect, and of the resolve and determination that it should have and has entire and complete force, as his Majesty permits and commands. He said that he was ready to allow all necessary provision to be made for the said expedition, that it might be immediately put in execution, as is necessary. And if the parties interested wish to bring it to trial, they shall do so before his Lordship, so that they may carry it on to his Majesty; and the royal offices in this city should be notified if they have anything to petition, which they seek for. Thereupon he protested to the said Captain Estevan Rrodriguez what he had before said and protested to this effect, and which is most practical and convenient. Accordingly I decree, command, and petition, with testimony, jointly and in accord with the opinion of Doctor Antonio de Morga, my counselor and lietutenant-general.

_Luis Perez Dasmarinas_ _Don Antonio de Morga_

Before me:

_Gaspar de Acebo_

_Notifications_

The said act has been brought to the notice of the said Captain Estevan Rrodriguez, and of the royal officials, and of the city government of Manila, so that each may petition as they see fit.

_Acceptance of the expedition to Mindanao_

In the city of Manila, on the sixteenth day of the month of November in the year one thousand five hundred and ninety-five, before me, the undersigned notary, appeared in person Captain Estavan Rodriguez de Figueroa, who, some three days more or less before, had been notified by me, the present notary, of an act of the governor and captain-general of these islands relating to the expedition and pacification of the island of Mindanao. Having answered to this that he would take it, he now responds that from the instant and hour when he was notified of the said act he accepted it, and, in compliance therewith, has paid the troops of war and incurred other expenses; and now he again accepts it and agrees to the terms contained in the said act, and obliges himself to it, and to be bound by everything in it, and promises and binds himself accordingly to keep and comply with it in every way and in every manner, and he will bind himself formally. Accordingly he signed it, witnesses being Luis Bagado and Geronimo Suares, and he signed it with his name.

_Estevan Rrodriguez de Figueroa_

Before me:

_Gaspar de Acebo_

In compliance with his answer, he has formally bound himself with his person and goods, all of which is provided by the acts issued in this matter.

The Audiencia of Manila Reëstablished

To Don Francisco Thello, my governor and captain-general of the Philipinas Islands. Through God's grace, the affairs of those islands are daily assuming greater proportions--both because of the many exploring expeditions by which that island and the others of that great archipelago are becoming settled; and because of the Chinese trade and commerce, which likewise are a cause of increase in the consequence of affairs there. Hence, in matters of justice, there should be such expedition as is desirable, without its being necessary for the parties to go to the City of Mexico, in order to carry on their cases--thus spending and consuming their means in these long voyages, or else running risk of losing their rights. And also, if you are disengaged from matters pertaining to justice, you will have more time for matters of government and war; or in important and arduous cases you may find it advisable to have those with whom to take counsel, that matters may be considered with the requisite continuity and by a sufficiently large body of advisers. For these reasons, I have decided to reëstablish an audiencia in that city of Manila, as in former years. You shall be president thereof, holding this office with the offices of my governor and captain-general. My purpose in advising you thereof is that, having taken note of it, you may do all that is requisite for the establishment of the Audiencia and the receiving of my royal seal. This must follow the same procedure which would be observed in the reception of my royal person. [27] Accordingly, as soon as you shall hear of its arrival, you shall go to receive the seal, accompanied by the auditors, the fiscal, all the soldiers in military array, the citizen encomenderos, my officials, and all others in public positions. The said seal will be contained in a box borne under a canopy, the supports of which shall be carried by the regidors of the city. The box will be borne by a horse, richly caparisoned, and having on the two sides of its hangings, which must be of brocade or silk, two shields bearing my royal arms, the face [of the horse] being covered with cloths [a frontal] of the same [material]. You, with your retinue, shall precede the canopy, and the soldiers in military array, with their captains, under rule and command of the master-of-camp as general, shall follow it. All of you shall go straight to the cathedral with bared heads, where the archbishop will be waiting, clad in his pontifical vestments, together with all his clergy. He shall go to the door, where you and all the people shall stop. Then you shall take the box in both hands, and shall approach the altar, near which in the principal chapel there shall be a chair of state. There you shall place the box, and the archbishop shall repeat his prayers, beseeching our Lord to direct the founding of the said Audiencia for His good service, and the pure administration of justice. After the ceremony, the archbishop and his assistants, and the clergy, shall remain there, while you shall take the box again and place it on the horse, which must always be led by the chief constable of the Audiencia, in person and on foot, and with head bared. You shall then proceed with the same assemblage to my royal houses, where you shall deposit the said seal in a suitable place. Then you shall enter upon the proceedings for installing the Audiencia, and together with the auditors and fiscal you shall establish it. This day shall be occupied solely with examining the ordinances of audiencias, with taking the oath from the said auditors, fiscal, and assistants, and with an address from you, in which, in my name, you shall charge them to exercise their offices faithfully, and to maintain peace and harmony among themselves; and you shall enjoin the inferiors to observe respect, secrecy, and diligence. Thenceforth you shall proceed according to the usual form of the other audiencias of these kingdoms and of the Yndias. Given at El Pardo, November twenty-sixth, one thousand five hundred and ninety-five. [28]

_I The King_

By order of the king:

_Juan Ybarra_

Signed by the president and members of the Council.

[_In the margin at the beginning of this document_: