Part 16
1. Problems in regard to matters of justice are continually arising, of which to inform your Majesty, in order that you may have the advisable decision made therein, and so that the dissensions that are wont to arise here from such doubts may be avoided. In regard to the Spaniards and inhabitants of these islands, but one problem has arisen--namely, when an encomendero marries an encomendera, whether they may both retain encomiendas; or whether, after choosing the one that they may esteem better, the other should he vacated. The practice of these islands is that one of the two encomiendas is vacated. In virtue of that, your Majesty's fiscal is at present petitioning before the royal Audiencia for the revenues of a certain encomienda given to a citizen. The auditors cannot find any order or decree from your Majesty, by which this is ordered. Consequently, there is not sufficient justification to declare judgment in favor of the fiscal. It will be advisable for your Majesty to declare it; and to my mind, in considering the fact that the encomiendas are few in number, it would be advisable that there be no change in the practice--namely, that by the very fact of an encomendero marrying an encomendera, they choose that encomienda from the two which they consider better; and that they leave the other, so that it may be regarded as belonging to another citizen. [_In the margin_: "Observe the decree in regard to this matter."] [_Note:_ "In this despatch arose the doubt that is written on a separate piece of paper enclosed with this letter. There it is decreed what must be executed."]
2. In regard to the native Indians of these islands, I last year represented to your Majesty that it would be advisable to have judgments in their suits not rendered in the Audiencia, but by the government, by having one or two advocates or salaried men for that purpose, as is done in Nueva España, inasmuch as the same reasons exist here. I trust that your Majesty will have it considered, and answer in accordance with your pleasure.
3. The most usual doubts have been in regard to the Chinese or Sangleys who reside in these islands. An edict was published, at the instance of the inhabitants, in regard to the measures, quality, and prices of lumber, tile, brick, and other materials, in order to avoid the frauds and illegalities which were being introduced into this region, to the great damage of this community. The edict was published under the auspices of the government, and its execution was charged upon the alcaldes-in-ordinary. A few days after that a denunciation was made; but, when the alcalde tried to enforce the penalty, the Sangleys appealed to the royal Audiencia. The matter seemed a knotty one to me, because the edict was notoriously a government measure, and it was not advisable for its proper execution that the Sangleys be allowed such delays. I considered it best to advise the auditors of this, quoting to them the royal decrees, which ruled that they should not mix in matters of government. They, desiring to extend their jurisdiction, claimed that the trial of that appeal belonged to them, as well as the decision whether the penalty of the edict was excessive or not. I ordered the lawyers to be consulted, and all those here gave their opinion in writing, namely, that the Audiencia had no right to try such causes. Consequently, after having seen your Majesty's decree of November 4, 1606, given to Don Pedro de Acuña, in which is stated the method that must be followed in such doubts, I resolved to order that the Audiencia should not try such appeal until your Majesty, after having been informed of the matter, should rule otherwise. [_In the margin_: "Have the fiscal examine it." "It was taken to him." "Answered on a separate paper."]
4. Almost similar was another question that arose a few days after, when some Chinese merchants had been condemned, by the judge who visits the Chinese ships, to pay the penalty which they had incurred because of not having brought the ammunition and stores for your Majesty's magazines which were ordered from them since the time of Don Juan de Silva. They appealed to the royal Audiencia, who ordered the judge to come to report on the matter. It seemed to me that the same argument ruled in that as in the preceding case, and even more closely, as it was a matter of war. However, I had the lawyers consulted again. They decided that it was a military matter, and that it did not belong to the royal Audiencia. Consequently, I ordered that they do nothing further in the matter until your Majesty should be informed. [_In the margin_: "Have the fiscal examine this also." "It was taken to him." "Answered on a separate paper."]
5. Another appeal has also come in these last few days to the royal Audiencia from the governor of the Sangleys themselves. He is a person appointed to govern them in their own manner, and to take charge of the suits that are brought before him, written in the Chinese characters, and according, to their custom. And although I did not think that such appeals should be listened to, and gave my reason therefor, still the auditors persisted in endeavoring to try this case. In order not to irritate them, I have overlooked the matter, as it seemed to me that they could act in this case with less evil consequences than in the others. I advise your Majesty of it, petitioning you that it may be to your royal service to have the Audiencia notified as to what regulations cover not only the governmental and military suits, but also those of justice, touching the Chinese or Sangleys. For this some arguments occur to me, which I shall represent to your Majesty, in order to say at one time what I believe in this matter. [_In the margin_: "Take this to the fiscal also." "It was taken." "Answered on a separate paper."]
6. The Chinese, Sire, who live in these islands are almost all infidels. Their god is silver, and their religion the various ways that they have of gaining it. Their nature is cowardly; and those who come to this country have so little character that, as they are not entitled to anything among their own countrymen, they come to get their livelihood among us, serving in the most menial trades. They engage in suits and disputes very readily, in which they threaten one another; and each day they arm themselves for their sinister ends. They have innumerable methods of hiding the truth. They furnish as many false witnesses as they choose, for, as they are infidels, they do not fear God; and as they are so greedy for money, they swear [falsely], and even sell their own parents. Their names and occupations are changed in every step, although for this there may be no better reason or argument than their own ideas. They are many strangers, coming and going. Every year some go and others come, and consequently, the uncertainty and confusion is unavoidable. They are as freehanded in their bribes as interested in their gains. As they have control of all the merchandise, trading, gains, and mechanical trades of the country, their extreme readiness to scatter bribes is remarkable. There is no Spaniard, secular or religious, who obtains his food, clothing, or shoes, except through them. Consequently, there is scarce a Sangley who does not have his protector. Among themselves they have great system and energy in all those of one trade acting together in all matters that affect them. They guard one another against the Spaniard to such an extent that, if I wish to change my shoemaker, I will not be able to find among all those engaged in that occupation another who will sell me a shoe. If anyone would dare to do so, the others upon his return to China would bring suit before their mandarins, and thus they would destroy him and all his relatives. [_In the margin_: "Take it to the fiscal." "It was taken." "Answered on a separate paper."]
7. Therefore, since those of this nation are infidels and of so mean a condition, one can easily infer that to attempt to govern them with the method, rigor, and terms of our laws and regulations is the highest injustice and a great abuse. The usual method of judging them in their country is by a summary and verbal investigation, and an immediate punishment with the bamboo. The latter is the strap or whip which the mandarins always carry with them, as any superior is allowed to flog his inferior, without other justification or authority than that of his own plain reason. By that method is attained greater respect and obedience than in any other nation. We do not have less need for them to fear us and to obey our edicts, since they are our feet and hands for all that arises for the service of the community and that of your Majesty. But we shall never obtain that obedience and respect, unless we conform (as far as the Christian religion allows) to the methods practiced by their mandarins in commanding them. This consists in having them punished instantly by the nearest justices whenever they are found in disobedience or fraud--namely, their governor and the alcaldes-in-ordinary--without giving them any opportunity to go from one tribunal to another, or to drag them from one prison to another. In that they are the greater losers, as their property is wasted among the constables, attorneys, and notaries, all of whom are doing their best to skin [_pelar_] them. At the end, and in the long run, the truth is not laid bare, nor is the service of your Majesty accomplished. The Sangleys have so many methods of placing private persons, both religious and laymen, under obligation, by services and by presents, that when anything is ordered for them which does not suit them--even though it be for your Majesty's service, or very necessary for the common welfare--they manage to prevent the execution of it by a thousand methods, of favors and negotiations. Therefore, if in addition to all the above, the door of appeal to the royal Audiencia be opened to them from what is ordered for them, well can one see that justice itself will become the obstacle of what it should be the support. [_In the margin_: "And this." "It was taken." "Reply in a separate section."]
8. I have desired to represent all the above, so that your Majesty may be pleased to order the royal Audiencia not to meddle in the affairs of the Sangleys, whether they concern government, or war, or justice. For if it has been advisable to order that--as is ordered in Nueva España (and the same is petitioned here)--the Audiencia do not meddle with the suits of the Indians, it will be much more advisable to observe the same in regard to the Sangleys, for the above stated reasons.
9. Likewise I have been advised that it is necessary for many matters, both of grace and of justice, that it be declared whether the governor of these islands possesses your Majesty's authority in his government and district; and whether he represents your royal person with the privilege of alternates which the viceroys possess in their districts. Although one would believe that it must be so by law, since the person of the governor is that which is here in your Majesty's name, and the so great distance to that court dictates how necessary it is in many cases that the governors have the authority of doing what your Majesty would do if present, with the obligation of reporting it to your Majesty; still in certain cases of grace and justice that have arisen since my arrival at these islands, the lawyers have declared that this was not plainly stated; and, consequently, I propose them to your Majesty. [_In the margin_: "Let him observe the tenor of his warrant, and the decrees and orders given regarding it."]
10. Likewise it would be necessary that the same courtesy be ordered to be shown to the governors of the Filipinas Islands as to the viceroys in Nueva España, since in regard to them there are also here the same reasons and advisability for doing so. By this some little matters that have caused me innovations would be avoided. Although I pass these over, it might be that in the time of my successors they would cause some opposition. Such are for instance, that the auditors, do not permit the governor's wife to go to the church with her husband when the assembly goes there in a body; and that the preachers do not salute the governor with words, as it is the custom to do in all the kingdoms to the person who has the authority of representing that of your Majesty. [_In the margin_: "Let the custom be followed."]
11. This very day a case occurred while in the hall of the public assembly, which I have thought best to refer to your Majesty. It was in regard to a decision that I gave, apropos of one of the parties, for the royal Audiencia. The secretary having come to sign the decision that the Audiencia gave in approbation of the one that I had given, called me in the record of the decision "the lord governor." One of the auditors thought that that should not be the manner of naming me in decisions; and chided the secretary before me, saying that he was doing it to flatter me, and other things of like purport. The secretary defended himself, saying that that was the style that he had always used, and to prove it showed other decisions where not only my person is named as "lord," but also those of the auditors. I asked the others who were present for their opinion, and they replied that it was very proper that the Audiencia should exercise that courtesy toward the governor and captain-general of these islands; and with greater reason, since he was their president, they were not to treat him the same as an alcalde-in-ordinary. Thereupon I ordered the secretary to do the same as heretofore, until your Majesty should be pleased to order differently. I petition your Majesty to be pleased to give the auditors to understand the estimation that it may please you to have for the person of your governor and captain-general; for this matter is not at all understood here. That is the reason why the governors have always been at odds with the Audiencia. I am not at odds with them, nor will I be, for I am the one who suffers, and I shall suffer it, since I am under greater obligations than they. I petition that what your Majesty may be pleased to order me be expressed so clearly that they cannot give it any other meaning; for this matter of interpreting your Majesty's decrees is done with great ease in the Yndias, and truly rare are the decrees, if they touch upon any controversy, in which it is not necessary for your Majesty to declare them over again. [_In the margin_: "Let the custom be kept; and in the records and decisions, let the governor be called 'lord.'"]
12. I am enclosing an official record with this letter in regard to what is forbidden to the auditors touching the suits and appeals of the Chinese or Sangleys--a caution that I am taking, as I have seen that they are complaining confusedly to your Majesty that I am preventing them from receiving suits as alcaldes of the court, not specifying as clearly as is possible what those suits and appeals are. It is my opinion that the Audiencia should not meddle with matters pertaining to the Sangleys, for the reasons that I have given for it in this despatch, and in that of the year past. Will your Majesty order what is most advisable, being assured that experience has obliged me to give the report that I submit. May our Lord preserve the Catholic and royal person of your Majesty with the increase of new kingdoms, as we your vassals desire, and as we need. Manila, August 4, 1628. Your Majesty's humble vassal,
_Don Juan Niño de Tavora_
[_In the margin_: "Let the fiscal see it." "It was taken to him." "Answered on a separate paper."]
_Affairs of the treasury_
Sire:
Since I have to give account in this letter to your Majesty of what there is to tell in regard to your royal treasury, I shall begin it by explaining some decrees that I received the past year, which were despatched at the instance of the royal officials.
In the first decree, they complained that my predecessor, Don Alonso Faxardo, did not allow them to exercise their duties in the port of Cavite; and that he had appointed as lieutenant of the governor and captain-general, Don Andres Perez Franco, castellan of those forts. Your Majesty orders that they be allowed to perform their duties, and that commissaries be not appointed for what pertains to them. They will not conduct those suits with him; for, although I retain Don Andres Perez Franco in Cavite, I have not given him the title given him by Don Alonso--although he never used it, as I am informed. The efficient collection and care of the revenues of your Majesty belong to the royal officials; and with that power they take part in all the equipping, building, and despatch of the vessels. But the appointments of the officials of the vessels, and all else touching government and war, have always been attended to by the governors, who for this have maintained in Cavite a castellan, commandant, and chief justice, of the abilities and experience of Don Andres Perez Franco; so that, although I could rest, still I have not been negligent, but have gone in person, on the occasions for the equipment and building of vessels, every week to that port, which is a very necessary thing. [_In the margin_: "Seen."]
In the second decree they informed your Majesty that the said my predecessor did not accept the replies that were made to them in accordance with the ordinances. I trust that there will be no fault to find with me in this regard. However it is advisable to have it well understood that it cannot be done and that it is not advisable, because of the accidents that happen by observing the ordinances with the strictness that some ministers demand at times. What is certain is, that I shall never depart from what I consider to be for the greater service of your Majesty. [_In the margin_: "Seen."]
In the third decree the royal officials petition for the suppression of the rule that was introduced in the time of Don Juan de Silva, by which the royal officials should not pay anyone without an order from the governor. Your Majesty orders me to observe toward them their rights and instructions. What is done in my time is that the royal officials adjust the accounts and issue warrants; but they are not paid without my order. The reason therefor is that, because this government has not one-half the money necessary to meet expenses and debts--as well as the support of the infantry, the building of ships, the repair of the fleets that guard these coasts, relief for the Malucas and the island of Hermosa and other presidios--besides inevitable things, it is necessary that the governor, who is charged with all this, know how much money there is in the treasury, and that he divide it so that it may not fail for the most necessary things, If he trusted to the royal officials in this, without having a private book of the receipts and disbursements of the treasury (as I have), when he imagined that there was money for the reënforcements of the infantry and the despatch of the fleets he would find nothing. If the treasury were supplied, there would be enough for all, and the royal officials by justifying the payments would be fulfilling their duties; but since there is not more money than for one-half of what is needed, and since we live by the art of enchantment, it is necessary that the royal officials do not pay whomever they wish, but what is most urgent and inevitable for the preservation of these kingdoms. Accordingly, the measures introduced in this regard during the term of Don Juan de Silva were very commendable and necessary. As it was so necessary a thing, persons of great experience advised me of it even before I had taken over the government, and experience shows me that it cannot be dispensed with. [_In the margin_: "Take it to the fiscal." "The fiscal says that after having considered the reasons written by the governor, the practice which the latter declares has been followed, and is followed, namely, of not permitting the royal officials to make any payments from the royal treasury without his advice and decree, can be tolerated; for in such cases the other viceroys and governors are wont to provide the same, notwithstanding that it is ordered that they allow the royal officials to perform their duties freely. Madrid, November 19, 1630." "That for the present, the plan now followed in this be observed, and note shall be taken that the payments made be with all justification."]
The fourth decree is in regard to the collection of the licenses which are given to the Sangleys allowing them to remain in the islands, that this shall be made by the royal officials, and the proceeds from it punctually deposited in the royal treasury, without its being given, under any consideration, into the possession of another person. What I have to say in this particular is that, although since my arrival at these islands that money has always been deposited with the judge of the licenses, it was always delivered every week and month to the royal officials. The collection has been so well attended to that, although there were the same number of Sangleys in the time of Don Alonso Faxardo, during the interim of the Audiencia, and that of Don Fernando de Silva, when the most that was collected was eight thousand pesos, during these last two years it amounted one year to ninety-eight thousand pesos, and the other to ninety-five thousand. Besides this, when at the last everything was exhausted, old notes were presented; and during these last two years about twenty thousand pesos were paid. Now although the royal officials have no time so that they can take part in this collection--as it is different from all other collections that are made, and one has to keep at it all day--I have ordered them by an act, in accordance with the decree of your Majesty, that it be done in a room assigned for it, in order that it may be paid in these royal houses; and so that they may really collect in person the money which the judge whom I appoint (as I cannot attend to it), and the agents whom I hire, collect from the Sangleys who shall bring it to them. By that method your Majesty's order will be accomplished. That is not its intention, but only to keep tab on the Sangleys, and on the profit that results from the licenses. This sum is distributed in official service, and is a matter of justice. Diligent toil is expended on this collection, and the Sangleys are sought in the hills and in a thousand places where they hide, in order not to pay. Only the authority of the governor, to whom your Majesty has assigned the giving of licenses allowing the Sangleys to remain in the country, can issue the licenses and order the collection, but no other person. Your Majesty may be assured that your service is performed with great affection and care; and that I am looking out for your royal revenues much more than for my own. For since I arrived in these islands considerable has been saved for your Majesty; as it will be seen by the accounts that what cost six in former years and did not gain any profit, today costs four and is profitable; and the profit is not lost, for it is carefully expended. I know that it will be impossible for the royal officials to collect personally; but they can authorize some one to collect and deposit the money in the royal treasury every night. By that means everything will be regulated, although they never remain satisfied, for they do not have the profits which they have desired. [_In the margin:_ "Seen."]