Part 21
1. First, inasmuch as many clauses of the first conditions entreat his Majesty to order the governor and captain-general, the Audiencia, and the royal officials, to observe, and that exactly, the requirements therein set forth; and inasmuch as by not doing so, the pacification and exploration will not be obtained without the imposition of a larger fine; and inasmuch as it is advisable to prevent mischief, when the remedy is so remote: in order that no occasion may be taken from this, as some ill-intentioned persons desire, to discontinue the pacification and exploration, it is advisable to impose a large fine on each and all who do not observe it, with the injunction that his Majesty will also consider such conduct as displeasing to himself.
2. _Item_: That all the officers and soldiers engaged in this conquest, either on pay or as volunteers, who had while in Manila any right to receive a share in the lading, [56] shall retain and preserve that right while engaged in the said conquest. To the volunteers--whether married or single, without distinction--shall be given [space therein] to him who has no capital, at least one _pieza_; and to him who has capital, in proportion to that capital, and to his length of residence here. Thus many may be induced by this _pieza_ to take service, who otherwise would not serve, but would be wandering about idly, and gambling, to the corruption of the community.
3. _Item_: Inasmuch as the envy of two or three men, who try, by means of trickery, to prevent and thwart any affair or action of another, is very usual and well known in this country; and it is to be presumed of these men that they will not, even if they can, pardon this conquest; and as they say slyly that the share of the citizens in the cargo may be so large that there is no one who can buy any of the tonnage, or use other artful means, or say that at least the tonnage must be sold cheaply, at less than fifty pesos a share--in order that, as the proceeds therefrom will be slight, the conquest and exploration might not be made: to correct the above, it is necessary to ordain that no one, under heavy penalties, can sell the piezas granted to him until the eighty toneladas are sold--which are given them, in accordance with the royal decrees, not to be sold, but for export purposes. We might make public by proclamations, public criers, or edicts, the provisions regarding this matter, and order the officials who regulate the cargo not to lade any pieza without certification by the receiver of the freight, of what one shall have sold, given, or transferred to another in any way, under penalty of losing his office as manager of the cargo, and one hundred pesos' fine for each pieza thus laded.
4. _Item_: In order that volunteers may be induced to serve on this occasion, a moderate ration of rice and wine shall be given them from that bought with the money received for the tonnage. This is a matter of slight importance, since in a whole year, even if there be a hundred and fifty volunteers [_aventureros_], the sum does not amount to one thousand five hundred pesos.
5. _Item_: That we may build the forts and fortresses of stone, or wood, as was determined by the council of war, or sun-dried mud bricks, for the preservation and defense of what is obtained from the price of the tonnage, or from the tributarios that shall have been pacified in the said province and mountains of Ygolotes, measures for this purpose being taken by three councils of war on different days. That we be authorized to appoint wardens, their deputies, and the other necessary officers in order to govern, defend, and faithfully guard the said forts and fortresses in the name of his Majesty, together with what garrison soldiers are necessary--to whom we may assign pay in proportion to the importance of the stronghold, after consultation with the council of war. The pay of these shall be a charge on the royal treasury, and be paid on their presentation of their title and appointment as wardens, assistants, and other officers and soldiers.
6. _Item_: That if, in the opinion of the council of war, it should be necessary for the service of the camp to appoint other needful officers, besides those specified in the other conditions, we be authorized to do so, assigning to them the adequate pay from the money received for the tonnage; and, if there is no money in that fund, from the royal tributes of the conquered country.
7. _Item_: That, if there be any good result, such that it is worth while to advise his Majesty of it, we be authorized to send it by way of the sea of the said provinces--that is, the sea by which the voyage is made to Nueva España--without being obliged to have recourse to the governor and Audiencia. This is to be done at the cost of the royal treasury, taken from what is conquered, or from the money received for the tonnage; because, as that region is more than one hundred leguas distant from Manila by land, and it is necessary to guard against the tardy despatch that is usually made, and the later necessity of sailing among islands for another hundred leguas, which is the most dangerous navigation between these islands and Nueva España. In that course the ship "Santiago," and another vessel that came with advices from Nueva España, were wrecked last year. On the other hand, the coasts of Tuy and Ygolotes are the most advanced points toward España, so that he who sails thence will be halfway on his journey before he who sails from Manila has reached the open sea.
8. _Item_: That, if, by our care and diligence, we allure the chiefs of the Yogolotes together with the other chiefs by means of presents, kind words, and mild treatment, to descend to the plain, or to live quietly in settlements in their natural habitat, submissive to his Majesty, paying their tribute, and abandoning the barbarities that they have been wont to practice on their own children and those of the lowlands; and if they accept the faith and are quiet and pacified: we receive permission to distribute and apportion them in encomiendas--assigning one-third to the royal treasury, and another third to the soldiers engaged in the conquest, while we be awarded the remaining third as our exclusive property; for the Indians will be few, and reduced after many days and great toil.
9. _Item_: That we beseech his Majesty to concede this favor to us, that we pay the tenth of the gold obtained from the mines to be worked by our order, instead of the fifth. The same is to be understood in regard to the mines of silver, quicksilver, and lead that shall be discovered and worked by our order; and that in all mines we be excused from clause 31, law 5, title 13, book 6, of the _Recopilacion_, [57] so that we may have more than two mines in one vein, if there is only a slight space between the different mines, in order to keep the measure of one mine.
_Doctor Juan Manuel de la Vega_
_Additional conditions and notifications in regard to the conquest, pacification, and exploration of the province of Tuy and Ygolotes._
In the last or next to last of the former conditions we make two statements: one, that it is unnecessary to wait for advice or investigations from here, for the reasons and causes assigned in the condition; the second, that an answer must be given us as to the acceptance of our offer, in the same year when our despatches are received, and by the first advice-boat; and if this shall not be done immediately, then we shall be free from all obligations. It remains to answer the silent criticism that may be opposed to each statement: to the first, that it seems a senseless thing for us to proceed according to our own judgment, without ascertaining whether it is advisable or not and that there are others who may make a better contract; and to the second, that our offer may be solely to fulfil appearances and not real.
1. In regard to the first, we reply that it has already been determined to be advantageous to make the said conquest, pacification, and exploration, by what each of the governors, as declared in the relation, tried to do during his administration, and what was lastly and courageously determined by the great governor, Gomez Perez Dasmariñas, to whom the Spaniards now living in these islands owe their lives. He undertook the exploration of the province of Tuy, and held the same in great esteem, since he entrusted it to no less than the person and valor of his only son, Don Luis Perez Dasmariñas, sending with him the best captains of this camp and Sargento-mayor Juan Xuares Gallinato. He was moved by the reasons given in the first chapter of the relation of this conquest, the literal copy of which accompanies these conditions, as it is believed that no advice can be given his Majesty or your Highness that will be as forcible as this. The importance of the matter is superlative; and it is all the more advisable to undertake it, as that was done by a most truthful knight and one most zealous for the service of God and of his Majesty. And it is quite well known, as is said unanimously by all this community, that it was seen and could well be believed that, had not death taken him so suddenly, he would have finished the conquest. Lastly, Don Luis Perez Dasmariñas, who became governor at his father's death, followed in his footsteps; and desiring to enjoy and attain what his father had himself begun to discover, sent Captain Miranda. Although the latter exerted himself, yet he did it without any system. If he had had the discernment and sound judgment necessary for the permanent pacification of the lands explored, he would have remained there with the soldiers working thus night and day and through rain and wind; but at the very best time, he had to abandon all. Then, touching the mines of the Ygolotes, this serves also as a good relation, for the news of them that both Don Gonzalo Ronquillo and Don Luis Dasmariñas had received obliged each one to make his greatest efforts; and the knowledge of those mines was widespread, both among barbarians and Spaniards.
As to the opinion that this should not be done at the cost of the royal treasury, as the former expeditions were made, we believe that it cannot be done more mildly and without prejudice to a third party, and it is better to do it at the expense of this commonwealth; for this year the community has allowed, without any remonstrance, the owner of a small vessel to lade, for the freight-charges, eighty toneladas for whomsoever he wished, besides the tonnage allotted to the citizens. Consequently it may be believed that the community will not object to applying the freight money to this conquest; but rather that it will be done to the great satisfaction of all the public, if no other burden is imposed, as in the past.
Then in regard to there being some person who would accomplish this enterprise more advantageously by loading upon his own shoulders a so heavy burden, there is the risk of his having to keep it for these four or five years without any greater profit than the ordinary pay.
The emoluments, gains, and advantages to be derived from the enterprise are very large. It seems very probable if it be not done in any other way, or through us, it can be done only by those occupying the positions that we now fill. For as regards the position of auditor, the person appointed to the charge of the mountains [_montaraz_] could serve in that capacity [_i.e._, as auditor], (although with great inconvenience), in the labors of both peace and war, and can remain quietly at home. But he cannot do that, except with great zeal for the service of both majesties. As for the position of captain of this camp, it can serve on this occasion, thus relieving the royal treasury of his pay and of that of all the company--which, agreeably to the stipulations, has to be paid from money received for the eighty toneladas. In regard to our persons we shall be ready for it, and trust that the divine Majesty, who placed this thought in our hearts, will give us the needful ability--to one to counsel, aid, and govern, since the pen never blunts the spear; and to the other to execute with valor and courage what is most fit for these states. And it is to be expected of him that he will do it well, since, before he was twenty years of age, God made him once alferez and twice captain, more by reason of his ability than of his being the son of his father. From the age of twenty-three he must have been very capable for any occasion. Hence, we believe, after considering these reasons thoroughly, that no further reports or relations are needed, and that we are not unreasonable in asking that answer be made to us without awaiting them--especially since they are so dangerous in this country, where the zeal for God's service and that of his Majesty and the public welfare is so lukewarm, and self-interest so strong. A further consideration is, that serious harm to the conversion of those people may result from delay; for those people are very indifferent, and the accursed sect of Mahoma is gaining a foothold among them. This sect is spreading throughout this archipelago like a pest, and once established, as it is so contagious, it will be, in order to eradicate it, more difficult to convert ten Moros than to reduce a thousand pagans. Likewise touching the service to be performed by Doctor de la Vega, ordering him to do it would result in loss, because from sixty years on, every man weighs more than he did before that age; and it is not good for him to ascend and descend mountains, even with the aid of another's feet.
2. Touching the second point, that reply must be made to us whether or not our offer be accepted, in the same year when the despatches are received, where we are not free. Replying to that, we may contradict the opinion that in requesting an answer to so serious a matter in so short a time, our offer is more apparent than real. We declare, Sir, that we are going on the supposition that the relations which were sent to his Majesty and to your Highness are truth itself, and were made by persons who have seen what they relate, according to the papers which have been found, the summary of which composes the relation which is being sent there. I believe that those of Gomez Perez and his son, and common tradition must be as fresh in the minds of people as if their expeditions were taking place, and that these were true reports of those former governors; and that they proceeded with so great zeal, that their zeal served to make us determine to thank them by responding. But this, forsooth, must furnish opportunity for entertaining so sinister a suspicion, that we are offering what we do not intend to fulfil in one, two, or three years, and what would be of most service to his Majesty--although it is of great importance to consider that any delay in the conversion of those souls means great loss, especially if meanwhile one should succeed in binding them more closely together.
3. Inasmuch as there might occur some uncertainty and strife among those encomenderos possessing encomiendas within the boundaries of La Pampanga, Canbales, Pangasinan, Ylocos, and Cagayan, in order to avoid these it is advisable to state definitely the points where the province of Tui begins and ends, in every direction, that a specific declaration may be made of the boundaries; and in case that anyone should have been entered on the list without any warrant, or with a greater number of natives than had been assigned to him, or should he not have pacified or instructed the greater number of the natives that belong to him by his title, a statement of what he ought to do shall be made.
In respect to the first the province of Tuy commences, as the documents state, and as Gomez Perez Dasmariñas declares, as one goes from La Pampanga to the said province from the end of the Çanbales to the beginning of the Tui River; thence following its course to the villages of Datan, Lamot, and Duli to the end of the province of Tui, and the commencement of that of Cagayan; and, cutting this line, by a cross-line from the end of the province of Pangasinan to the sea, on the coast opposite Manila.
As to the second, the encomiendas which shall be within the confines of the said province and shall have any part in the province of Tuy--that the encomenderos retain what they have thus far held and collected by the register, quietly and peacefully, without exceeding the number of natives assigned to them; and in such case they may remain in the province of Tuy and be distributed according to the conditions and agreements. In case that any one's concession and title indicate a greater number of natives than he possesses, he must keep only those whom he himself has conquered, pacified, and had instructed, and no more; for it is not right that he enjoy those who were hostile when the concession was given him, those conquered or instructed here later, if others have shed their blood in the conquest of these, and they have been won at his Majesty's expense.
4. _Item_: We believe that the condition stated in the first clause of the first [agreement] can be emended, granting that authority is to be given to Doctor de la Vega to be able to appoint the alcaldes-mayor of the provinces of Cagayan, Ylocos, and Pangasinan, and take their residencias. This gave opportunity to the governor to complain that, inasmuch as none of this pertained to Doctor de la Vega, a part of his [the governor's] office was being taken from him. This was necessary for the proper accomplishment of his Majesty's service; but in order not to give any occasion for ill-feeling in the other affairs that will arise daily with the governor, it seems a sufficient remedy to give the said Doctor de la Vega commission, so that these alcaldes-mayor be subordinate to him, as all the justices in the adelantamientos [58] of Castilla [are subordinate]. Also the said Doctor de la Vega and his deputies should be authorized to try the causes, as stated in the first clause herein cited of the first conditions, leaving their appointment and the taking of their residencias to the governor, or to whom that may pertain; and the said Doctor de la Vega should have full power, in case that they do not exactly fulfil any orders sent them, to punish them, and to execute upon them the penalties to which he shall condemn them, even to suspension or exile. For if they know that that can be done, they will act more carefully, in order to give no occasion for such action.
By decree of his Majesty, it is ordained that the inhabitants of this city may export the products of the country without formal allotment in the lading. We beseech his Majesty to be pleased to allow the cakes of wax possessed by the volunteer soldiers who shall go to serve and who actually do serve in this expedition, to be exported; and that our certification and that of each one be sufficient for the official laders to stow it in the vessels as soon as they, or anyone in their name, may arrive, under severe penalties. The same we beseech for the piezas of the cargo which should be given to them, when it shall likewise appear, by certification, that they are engaged in this expedition.
_Doctor Juan Manuel de la Vega_
Petition of a Filipino Chief for Redress
Sire:
In former years the archbishop of these Philipinas Islands, on petition of the natives of the village of Quiapo, which is near this city of Manila, wrote to your Majesty, informing you that the fathers of the Society of Jesus--under pretext that the former dean of this holy church of Manila, whom your Majesty has lately appointed archbishop, [59] had sold them a garden lying back of our village--have been insinuating themselves more and more into our lands and taking more than what was assigned them by the dean; and that we had scarcely any land remaining in the village for our fields, and even for our houses. The petition begged your royal Majesty to remedy this and protect us under your royal clemency, since we are Indians, who cannot defend ourselves by suits, as we are a poor people, and it would be a matter with a religious order. Your royal Majesty, as so Catholic and most Christian, sent a command to the royal Audiencia resident in these islands to gather information of the details of this matter, and to redress it, and not allow injuries to be inflicted on us. We have heard that the royal Audiencia has advised your Majesty; but we do not know what they have advised, for nothing was told us. Now this present year, I, who am the chief, and claim that the lands which are in dispute with the fathers are of greater extent, built a house in my fields. One of the fathers [_i.e._, Jesuits], named Brother Nieto, came with a numerous following of negroes and Indians, armed with halberds and catans; and of his own accord, and with absolute authority, razed my house to the ground. This caused great scandal to those who saw a religious armed for the purpose of destroying the house of a poor Indian--although, after seeing his intention to seize all my property and bind me, I did not raise my eyes to behold him angered, because of the respect that I know is due the ministers who teach us the law of God. Although the alcalde-mayor of our village (namely, the master-of-camp, Pedro de Chaves) was angry, as was proper, at the little attention they paid to the royal justice of your Majesty and of your servants; and went immediately on that same day to the destroyed house, and did not leave the village until he knew that another small house had been rebuilt for me in place of the one destroyed--yet, as all the fathers had threatened me that, as often as I should build a house there, they would return to raze or burn it (and this they have declared before the alcalde-mayor himself and the canon Talavera, our minister), and as I am a poor Indian, I fear the power of the said fathers. For I fear that I can find no one to aid me in the suits that the fathers are about to begin against me, or who will appear for my justice, since I have even been unable to find anyone who dared to write this letter for me. This letter is therefore written by my own hand and in my own composition, and in the style of an Indian not well versed in the Spanish language. But I confide my cause to your royal Majesty's great kindness, and, prostrate at your Majesty's royal feet, implore you to protect me with your royal protection, by ordering the royal Audiencia and the archbishop to inform your royal Majesty anew, and to summon me in order that I may inform them of my claims to justice. Also in the meanwhile will you order the fathers not to molest me in the ancient possession that I have inherited from my fathers and grandfathers, who were chiefs of the said village. I trust in the royal clemency and exceedingly great Christian spirit of your Majesty that I shall be protected and defended in what should have justice. This I petition from your royal person, whom may our Lord preserve during many happy years, for the protection of these poor Indians, your Majesty's loyal vassals, and for the increase of this new Christian community. From Quiapo; July 25, 1609.
The useless slave of your royal Majesty,
_Don Miguel Banal_
[_Endorsed_: "Have the governor and the Audiencia investigate, and in the meanwhile provide suitable measures."]
Despatch of Missionaries to the Philippines
_Information by father Fray Diego Aduarte, concerning the journey that he made in the year 1605 from Spaña to the Philipinas, with 38 religious of his order; and, further, that made by father Fray Gabriel de San Antonio in the year 1008; and, further, what is necessary that there should not be failures in such journeys_.