Chapter III

, note 88.

[481] Recopilación, 3-11-2.

[482] Ibid., note 2.

[483] See citation of the cédula of January 24, 1773, applicable to Perú, wherein an oidor was permanently charged with the duty of serving as auditor de guerra (ibid.).

[484] Morga states that after the audiencia was established in May, 1584, "they (the oidores) began to attend to the affairs both of justice and of war and government" (Morga's Sucesos, Blair and Robertson, XV, 60).

[485] Memorial of April 19, 1586, Blair and Robertson, VI, 197-233. The purpose of the proposed expedition was declared to be to "forestall the danger that the French and English, and other heretics and northern nations, will discover and navigate that strait which certainly lies opposite those regions--that of Labrador." A note suggests that this probably referred to the St. Lawrence River. Delgado says that Governor Sande called this council together on April 9, 1586, evidently meaning Santiago de Vera, as the latter became governor in 1584, and Sande left the Islands in 1580. De Vera's signature is affixed to this petition. Other letters of special importance, from the audiencia or individual oidores to the court, entirely or in part on military affairs, written during this period, may be noted in Blair and Robertson, VI, 56-65, 157-233, 254-264, 265-274, 311-321, XVII, 251-280, and throughout this series from Volumes VI to XXXV (1584-1650) especially. The general subject is covered in A. I., 67-6-6 to 26.

[486] Luzón Menaced, Blair and Robertson, VIII, 284-297. We shall see, in the next chapter, that Governor Bustamante, on a similar occasion, asked for the written advice of the various ecclesiastical authorities and corporations on the question of whether he had a right to remove and appoint oidores without express royal authorization.

[487] Opinions of the religious communities on the war with the Zambales. January 19-20, 1592, Blair and Robertson, VIII, 199-233.

[488] Audiencia to the King, January 7, 1597, A. I., 105-2-1.

[489] A. I., 105-2-1 to 10 are replete with documents illustrating this phase of the relation of the audiencia and the governor.

[490] Torre to the King, July 26, 1744, A. I., 108-2-21.

[491] Report of Council of War, June 18, 1746, A. I., 108-2-21. See note 17 of this chapter, which deals with the local council of war. On the occasion referred to, it acted as a courtmartial. It also had power to advise the governor, and even to prevent the military officials from taking steps which would inflict injustice on the natives in connection with military operations. Here it may be seen that magistrates were actually members of this council, and in this capacity they advised the governor as to the best means of fortifying and defending the Islands. The laws of the Indies are singularly lacking in definite statements as to the legal composition and membership of this council.

[492] Obando to the King, August 15, 1748, A. I., 108-2-21.

[493] Morga's Sucesos, Blair and Robertson, XV, 205-237.

[494] Martínez de Zúñiga, An historical view, I, 239-241.

[495] In recommending the services of Licentiate Madrid y Luna, oidor of the Manila audiencia, Alcaraz wrote to the king as follows: "On that account, and for the good accomplished by his services in this Royal Audiencia, the said Licentiate Madrid claims that your Majesty should grant him as a reward permission to marry some of his seven daughters and three sons in Mexico" (Alcaraz to Felipe III, August 10, 1617, Blair and Robertson, XVIII, 52).

[496] Formosa lost to Spain, Blair and Robertson, XXXV, 128-162.

[497] Audiencia to the King, July 15, 1598, A. I., 67-6-18.

[498] Audiencia to Felipe III, August 8, 1620, Blair and Robertson, XIX, 77-89.

[499] Recopilación, 5-3-24; also A. I., 105-2-1.

[500] Recopilación, 2-15-55. Don Antonio de Morga, writing in his Sucesos in 1609, described the Chinese government of the Parián as follows: "The Chinese have a governor of their own race, a Christian, who has his officials and assistants. He hears their cases in affairs of justice, in their domestic and business affairs; appeals from him go to the alcalde-mayor of Tondo, or of the Parián, and from all these to the Audiencia, which also gives especial attention to this nation and whatever pertains to it" (Morga's Sucesos, Blair and Robertson, XVI, 197). See W. L. Schurz, "The Chinese in the Philippines," in The Pacific Ocean in history, 214-222.

[501] The Chinese were altogether too shrewd in business for the other residents of Manila. The desire to avoid trouble and to keep from provoking the Chinese to rebellion were also factors, and there were institutional and religious reasons. The Chinese were of different race and heritage and their practices and beliefs were regarded by the Catholic Spaniards as altogether heathenish and heretical, and judging by almost any standard of morality and cleanliness it must be conceded that some of them at least were indecent and revolting.

[502] Cédula of December 1, 1606, A. I., 105-2-1.

[503] Recopilación, 6-18-6.

[504] King to the Audiencia, December 4, 1630, A. I., 105-2-10. The Chinese had asked the king on this occasion to remove Governor Tavora. The magistrates, jealous of the governor, and desiring to see him dispossessed of his office, forwarded this request to the king.

[505] Royal instructions to Gerónimo Ortiz y Capata; February 4, 1631, A. I., 105-2-1.

[506] King to the Audiencia, December 4, 1630, A. I., 105-2-10.

[507] King to the Audiencia, August 8, 1609, A. I., 105-2-1.

[508] King to Governor Silva, March 27, 1616, A. I., 105-2-1.

[509] King to the President and oidores, July 25, 1619, A. I., 105-2-1.

[510] King to the President and oidores, December 21, 1630, A. I., 105-2-1.

[511] Acuerdo of July 27, 1713, A. I., 68-4-17.

[512] Attention was called in the last chapter to the acuerdo power of the audiencia in Chinese affairs. It was seen there that the audiencia passed ordinances regulating the Chinese trade, also their organization and manner of living in the Islands.

[513] King to the President and oidores, May 14, 1790, A. I., 105-9-10. This tax was collected from the Chinese in 1852, when Jagor, the celebrated German traveller, visited the Islands. Chinese who were engaged in agriculture paid merely the tribute of twelve reales, which was collected from natives as well. In addition to the tax of six dollars (probably Mexican, which were equivalent to the silver peso) merchants paid an industrial tax of twelve, thirty, sixty, or one hundred dollars, according to the amount of business transacted (Blair and Robertson, LII, 57-58, note).

[514] Consulta of June 28, 1786; Intendant Carvajal to King, December 31, 1787, and other letters; A. I., 107-5-15.

[515] Testimonio de autos sobre sublevación de los sangleyes, substanciados y determinados por el oidor, Don Pedro Sebastián Bolívar y Meña, 1686-1690, A. I., 68-1-27.

[516] Marquina to the King, June 30, 1793, A. I., 107-5-22.

[517] King to the Audiencia, November 30, 1797, A. I., 105-2-18.

[518] King to the Audiencia, February 19, 1806, ibid.

[519] See