Chapter Eleventh

_Which treats of the rites and ceremonies observed by the Moros in the vicinity of Manilla, and of their social conditions_

_The god Batala_. According to the religion formerly observed by these Moros, they worshiped a deity called among them Batala, which properly means "God." They said that they adored this Batala because he was the Lord of all, and had created human beings and villages. They said that this Batala had many agents under him, whom he sent to this world to produce, in behalf of men, what is yielded here. These beings were called _anitos_, and each anito had a special office. Some of them were for the fields, and some for those who journey by sea; some for those who went to war, and some for diseases. Each anito was therefore named for his office; there was, for instance, the anito of the fields, and the anito of the rain. To these anitos the people offered sacrifices, when they desired anything--to each one according to his office. The mode of sacrifice was like that of the Pintados. They summoned a _catalonan_, which is the same as the vaylan among the Pintados, that is, a priest. He offered the sacrifice, requesting from the anito whatever the people desired him to ask, and heaping up great quantities of rice, meat, and fish. His invocations lasted until the demon entered his body, when the catalonan fell into a swoon, foaming at the mouth. The Indians sang, drank, and feasted until the catalonan came to himself, and told them the answer that the anito had given to him. If the sacrifice was in behalf of a sick person, they offered many golden chains and ornaments, saying that they were paying a ransom for the sick person's health. This invocation of the anito continued as long as the sickness lasted.

When the natives were asked why the sacrifices were offered to the anito, and not to the Batala, they answered that the Batala was a great lord, and no one could speak to him. He lived in the sky; but the anito, who was of such a nature that he came down here to talk with men, was to the Batala as a minister, and interceded for them. In some places and especially in the mountain districts, when the father, mother, or other relative dies, the people unite in making a small wooden idol, and preserve it. Accordingly there is a house which contains one hundred or two hundred of these idols. These images also are called _anitos_; for they say that when people die, they go to serve the Batala. Therefore they make sacrifices to these anitos, offering them food, wine, and gold ornaments; and request them to be intercessors for them before the Batala, whom they regard as God.

_Government of the Moros_. Among the Moros there is precisely the same lack of government as among the Pintados. They had chiefs in their respective districts, whom the people obeyed; they punished criminals, and laid down the laws that must be observed. In the villages, where they had ten or twelve chiefs, one only--the richest of them--was he whom all obeyed. They greatly esteem an ancient lineage, which is therefore a great advantage to him who desires to be a lord. When laws were to be enacted for governing the commonwealth, the greatest chief, whom all the rest obeyed, assembled in his own house all the other chiefs of the village; and when they had come, he made a speech, declaring that, to correct the many criminal acts which were being committed, it was necessary that they impose penalties and enact ordinances, so that these evils might be remedied and that all might live in peace. This policy was not in vogue among the Pintados, because no one of them was willing to recognize another as his superior. Then the other chiefs replied that this seemed good to them; and that, since he was the greatest chief of all, he might do whatever appeared to him just, and they would approve it. Accordingly, that chief made such regulations as he deemed necessary; for these Moros possess the art of writing, which no other natives of the islands have. The other chiefs approved what he ordained. Immediately came a public crier, whom they call _umalahocan_, who is properly a mayor-domo, or steward; he took a bell and went through the village, announcing in each district the regulations which had been made. The people replied that they would obey. Thus the umalahocan went from village to village, through the whole district of this chief; and from that time on he who incurred the penalties of law was taken to the chief, who sentenced him accordingly. If the penalty be death, and the condemned man say that he prefers to be a slave, he is pardoned, and becomes a slave. All the other chiefs are also judges, each in his own district; but when any important case arises the head chief calls all the others together, in order to decide it, and the affair is settled by the vote of all. The chiefs are accustomed to impose the taxes; but there is no fixed amount for these, save what the proper judge decrees shall be paid.

_Marriages_. These Moros followed in their marriages the same customs as those of the Pintados, in giving the dowry. Thus, if the man should, contrary to the woman's desire, break his pledge and annul the marriage, he would lose the dowry, and she would retain it, free from him. Likewise, if the wife left the husband she was obliged to return him the dowry. If she committed adultery and the husband therefore left her, she returned him double the amount of the dowry. If the wife left the husband in order to marry another, the second husband was obliged to repay to the first husband the dowry which the latter had given to the woman, and to pay a fine, more or less--such an amount as the judge should order him to give. If the husband were a chief, and caught his wife in the act of committing adultery, he had the right to punish her with death, and the adulterer also, and could slay them with impunity. If he killed one and the other escaped, there would be open war between the two families until the other adulterer died. If both escaped, they must pay for their lives with a certain weight of gold. If they were chiefs, the penalty was one hundred taes, fifty for the woman and fifty for the adulterer. This done, they were pardoned, and remained friends. If they were timaguas, they incurred a lighter penalty.

_Wars_. In wars and slavery among the Moros, they observed the same customs as did the Pintados.

_Thieves_. There was among the natives a law concerning thieves. It was a petty theft if the amount were less than four taes (that is, twenty pesos); but if more than that sum, it was a serious offense. He who committed the former must return the gold, and then be sentenced, at the will of the judge, to pay a fine in money. If it were the greater theft, involving an amount of four taes or upward, he incurred the penalty of slavery. But if the goods stolen amounted to a cati [catty] of gold, the penalty was death, or the enslavement of the culprit and his children and all those of his household.

It was also a law that for the first theft the penalty was a fine in money, and for the second, slavery; for further offenses, it was death. Or if pardoned, as described above, he was made a slave, with his wife and children. This punishment did not apply to the son who proved that he was outside the house--whether he dwelt in a house of his own or lived with relatives on an independent footing; and therefore he was free. Only those who lived in the house of the delinquent were liable to punishment, because they all were suspected of knowledge of the theft.

There was also a law that anyone who spoke disrespectfully of a chief, or uttered abusive language to him, was liable to death. If he could redeem his life, a fine of fifteen taes of gold was imposed. If he did not have the means to pay and relatives did not contribute to ransom him, and the delinquent begged for mercy, saying that then he would become a slave, his life was spared, and he became the slave of the injured party. For this reason the penalty of a fine was available for him who possessed wealth. If the quarrel were between persons of equal rank, the chiefs settled the matter according to justice and their laws, and the like penalty was imposed. If the delinquent refused to pay according to this sentence, war was declared between the villages or the factions. Hostilities then followed; and from that time those who were captured were enslaved.

_One may be released after paying the sum decreed; until then he is a slave._ It was a law that if, when two timaguas were together, either of them insulted the other, he must pay a sum of money according to the nature of the insult, which was decided by the judge. If the insult were a gross one, the fine was large accordingly; and if the culprit had not the means to pay more than five taes, he became the slave of the injured person. If the delinquent begged from the chief or some other friend the favor of lending him the money, he became the slave of him who loaned the money. This slavery extended only to the culprit, and not to his children or relatives, except to children who were born during his slavery.

It is usual among the natives of this island to aid one another with money-loans. He who borrowed from a chief or a timagua retained the money until a fixed time had elapsed, during which he might use the money that was lent to him; and besides, he divided with the lender the profit that he made, in acknowledgment of the favor that he had received.

It was a law that if he who borrowed the money became insolvent, and had not means to pay his debt, he was considered a slave therefor, together with the children born during his slavery; those already born were free.

It was a law among these people, when two men formed a business partnership in which each placed the same amount of money, that if one of them went to traffic with the money belonging to both, and while on a trading journey were captured by enemies, the other man who remained in the village must go to ransom his partner, with half of the ransom-price agreed upon; and the captive was then released from liability--not only for what was due to the partnership, but for the amount which was afterward given for his ransom, and was not obliged to pay anything. If the man who lost the money lost it in gambling, or by spending it with women, he was obliged to repay to the partnership the amount which he had drawn therefrom, and he and his children were obliged to pay it. If the amount were so great that they could not pay it within the time agreed upon, he and half his children would become the slaves of the partner. If there were two children, one was a slave and the other was free; if four, two were slaves, and two free; and so on with any larger number. If the children were able to pay their father's debt afterward, they were set free.

It was a law that he who killed another must die; but if he begged for mercy he would become the slave of the dead man's father, children, or nearest relatives. If four or five men were concerned in the murder, they all paid to the master of the slave the price which the slave might be worth; and then the judge sentenced them to such punishment as he thought just. If the men had not means to pay the fine, they became slaves. If the dead man were a timagua, the penalty of death was incurred by those who were proved to be his murderers; but if the condemned men begged for mercy they became slaves. Accordingly, after they were sentenced the culprit might choose between death and slavery. If the man slain were a chief, the entire village where he was slain must, when that was proved, become slaves, those who were most guilty being first put to death. If the murderers were private persons only, three or four of the most guilty were put to death, without any resource in mercy; and the rest, with their children, became slaves.

When any person entered the house of a chief by night, against the will of the owner, he incurred the death penalty. It was their custom that when such an offender was caught he was first tortured, to ascertain whether any other chief had sent him. If he confessed that he had been thus sent, he was punished by enslavement; and he who had sent him incurred the death penalty, but might be released therefrom by paying a certain amount of gold for the crime.

He who committed adultery was, if he were one of the chiefs, punished with death; the same penalty was inflicted upon any man who was caught with the concubine of a chief. Similarly, the husband might kill the adulterer, if caught in the act. If perchance he escaped by flight, he was condemned to pay a fine in money; and until this was done there was enmity between the two families concerned. The same law was in force among the timaguas.

This relation was written by order of the governor of these islands.

_Miguel de Loarca_ of the town of Arevalo.

was also one of the first, among those who came to these islands, who showed any curiosity regarding these matters; and therefore I consider this a reliable and true account.

[_Endorsed at end_: "A memoir regarding the peculiarities of these islands, written in obedience to a decree of his Majesty. To the royal Council of the Indies."]

[_Endorsed on outside wrapper_: "Relation of the Filipinas Islands, their discovery, the Spanish settlements, the usages and customs of the natives, their religion, etc.; written, in virtue of a royal decree, by Miguel de Loarca, a citizen of the town of Arevalo, one of the earliest conquerors and settlers." _A similar endorsement is written on the inside cover of the MS_.]

LETTER FROM DOMINGO DE SALAZAR TO FELIPE II

Royal Catholic Majesty:

After having written the letters and memoranda which are going to your Majesty, there came some neighboring Indians to this city, who begged me to make known to your Majesty the contents of their testimonial. A few days afterward I told certain of them that they should decide what they wished, and that I would write to your Majesty concerning them--as your Majesty is a most Christian king who considers well their interests, and has commanded that they be well-treated, and will order punishment for those who maltreat them.

On the same day, some of the most prominent Indians came, and with them more than forty others from the neighboring villages. They asked from me the things that I have stated elsewhere; and I certify to your Majesty that, if all that they said could be written in this account, it would be but little shorter than the other one which I am sending to your Majesty. Without doubt it would break your Majesty's heart if you could see them as they are, and how pitiable are their appearance and the things that they relate.

Another day there came chiefs from other villages to say the same and much more. Today ten or twelve chiefs have come to see me from a province called Mauban, which belongs to your Majesty. They are all heathen, and told me that they had learned that I wrote to your Majesty in their behalf. They asked me to remember them also. I did not wish to admit more than what was said by those who came first, as it would make a disturbance in the land, should they all come here to complain. Your Majesty will be pleased to command that their case be considered, and provision made for them. I can do nothing, save to deplore it, and to beseech your Majesty for the remedy. Manila, June twenty, 1582.

_Fray Domingo_, Bishop of the Felipinas

In the city of Manila, on the fifteenth day of the month of June, of the year one thousand five hundred and eighty-two, before the very illustrious Don Fray Domingo de Salasar, first bishop of these islands and a member of his Majesty's council, and in the presence of me, the secretary undersigned, there appeared certain Indians who spoke through Francisco Morantes and Andres de Cervantes, interpreters of the Moro tongue. They declared themselves to be Don Luis Amanicaldo, Don Martin Panga, Don Gabriel Luanbacar, and Don Juan Bautangad, Christians; and Salalila and Calao Amarlenguaguay, heathen; and Doña Francisca Saygan: all chiefs of the villages of Tondo and Capaymisilo; and many other chiefs. Through the interpreters, they said that they had learned that by this ship which is about to depart for Nueva España, his most reverend Lordship was to write to his Majesty. As they were suffering so many injuries, grievances, and vexations, as is well-known to all, they humbly begged that he be so kind as to inform his Majesty thereof in detail, in order that his Majesty, after having learned of their afflictions, may be pleased to remedy them. They were then asked what things they desired to be especially placed before his Majesty's consideration, and to declare the same. They replied that the injuries which they suffer, and which ought to be redressed, are those inflicted by the alcaldes-mayor. Much trouble is caused them by these officials, as within three leagues there are four alcaldes-mayor and their officers, who inflict serious penalties for light offenses. They take at their own price the rice of the Indians, and afterward sell it at a very high rate, doing the same with all other articles of provisions and agricultural products. Furthermore, they oblige the Indians to act as their oarsmen, whenever they wish. If they return from an expedition which has lasted a month, they are told straightway to prepare for another, being paid nothing whatsoever; nevertheless in every village assessments are levied upon the natives, for the payment of those who go on such service. If at any time they are paid, it is very little, and that very seldom. Because of the many acts of oppression which they have suffered, many Indians have now abandoned Tondo, Capaymisilo, and other villages near this city of Manila. They have gone to live in other provinces, which has occasioned much damage and loss to the chiefs. Out of the three hundred Indians who were there, one hundred have gone away, and the said chiefs are obliged to pay the tribute for those who flee and die, and for their slaves and little boys. If they do not pay these, they are placed in the stocks and flogged. Others are tied to posts and kept there until they pay. Moreover, they dig no gold, for the officials oblige them to pay the fifth. If they do not make a statement of their gold it is seized as forfeited, even when it is old gold; and the gold is not returned to them until after payment of a heavy fine. They do not wish to let the alcaldes-mayor buy rice, because they all hoard it. If the natives come to complain of their grievances to the alcaldes-mayor alone, they are imprisoned and thrown into the stocks, and are charged with prison-fees. Their afflictions and troubles are so many that they cannot be endured; and they wish to leave this island, or at least to go to some encomienda of a private individual. In the said villages of the king they cannot endure the alcaldes-mayor.

_Fray Domingo_, Bishop of the Filipinas _Andres de Cervantes_ _Francisco Morante_

Before me: _Salvador de Argon_, secretary

LETTER FROM JUAN BAPTISTA ROMAN TO THE VICEROY

Most Illustrious and Excellent Sir:

I do not know whether the letters with new information which the governor is writing today will arrive in time to go on this ship, which has been despatched to this port of Acabite; so I wish to give your Excellency notice of what is going on. Yesterday--St. John's Day--in the afternoon, there arrived six soldiers who had gone with Captain Juan Pablo de Carrion [19] against the Japanese, who are settled on the river Cagayan. They say that Juan Pablo sailed with his fleet--which comprised the ship "Sant Jusepe," the admiral's galley, and five fragatas--from the port of Bigan, situated in Ylocos, about thirty-five days' journey from Cagayan. As he sailed out, he encountered a Chinese pirate, who very soon surrendered. He put seventeen soldiers aboard of her and continued his course. While rounding Cape Borgador near Cagayan one fair morning at dawn, they found themselves near a Japanese ship, which Juan Pablo engaged with the admiral's galley in which he himself was. With his artillery he shot away their mainmast, and killed several men. The Japanese put out grappling-irons and poured two hundred men aboard the galley, armed with pikes and breastplates. There remained sixty arquebusiers firing at our men. Finally, the enemy conquered the galley as far as the mainmast. There our people also made a stand in their extreme necessity, and made the Japanese retreat to their ship. They dropped their grappling-irons, and set their foresail, which still remained to them. At this moment the ship "Sant Jusepe" grappled with them, and with the artillery and forces of the ship overcame the Japanese; the latter fought valiantly until only eighteen remained, who gave themselves up, exhausted. Some men on the galley were killed, and among them its captain, Pero Lucas, fighting valiantly as a good soldier. Then the captain, Juan Pablo, ascended the Cagayan River, and found in the opening a fort and eleven Japanese ships. He passed along the upper shore because the mouth of the river is a league in width. The ship "Sant Jusepe" was entering the river, and it happened by bad fortune that some of our soldiers, who were in a small fragata, called out to the captain, saying to him: "Return, return to Manila! Set the whole fleet to return, because there are a thousand Japanese on the river with a great deal of artillery, and we are few." Whereupon Captain Luys de Callejo directed his course seaward; and although Juan Pablos fired a piece of artillery he did not and could not enter, and continued to tack back and forth. In the morning he anchored in a bay, where such a tempest overtook them that it broke three cables out of four that he had, and one used for weighing anchor. He sent these six soldiers in a small vessel to see if there was on an islet any water, of which they were in great need. The men lost their way, without finding any water; and when they returned where they had left their ship they could not find it. They met with some of those Indians who were in the galley with Juan Pablos, from whom it was learned that Juan Pablo had ascended the river two leagues and had fortified himself in a bay; and that with him was the galley, which had begun to leak everywhere, in the engagement with the Japanese. The Indian crew was discharged on account of not having the supplies which were lost on the galley. Most of these men went aboard the "Sant Jusepe." They said that the Japanese were attacking them with eighteen _champans_, [20] which are like skiffs. They were defending themselves well although there were but sixty soldiers with the seamen, and there were a thousand of the enemy, of a race at once valorous and skilful. The six soldiers came with this news, and on the way they met a sailor who had escaped from a Sangley ship which had sailed from here, with supplies of rice for Juan Pablo. He says that the Sangleys mutinied at midnight and killed ten soldiers who were going with it as an escort, who had no sentinel. This one escaped by swimming, with the aid of a lance that was hurled at him from the ship.

Moreover, I have just detained some passengers who were going on this ship, because there are no troops on these islands, and a hundred soldiers have to go immediately as a reenforcement, although the weather is tempestuous. I expect to be one of them, if the governor will give me permission.

These enemies, who have in truth remained here, are a warlike people; and if your Excellency do not provide by this ship, and reenforce us with a thousand soldiers, these islands can be of little value. May your Excellency with great prudence provide what is most necessary for his Majesty's service, since we have no resource other than the favor your Excellency shall order to be extended to us.

The governor was disposed to send assistance to the ship, which was a very important affair; but after these events he will not be able to do it, because there do not remain in this city seventy men who can bear arms. May our Lord guard the most illustrious and excellent person of your Excellency and increase your estate, as your Excellency's servants desire. From Cabite, June 25, 1582. Most excellent and illustrious sir, your servant kisses your Excellency's hands.

_Juan Baptista Roman_

LETTER FROM PEÑALOSA TO FELIPE II

Royal Catholic Majesty:

By this ship, which is to leave these islands on the last of June of this year, I am giving your Majesty a full account of the condition of affairs and events in this region. As it was about to sail news came of the fleet--which, I wrote among other things, I had despatched to effect a settlement in Cagayan--and of the punishment and resistance of the Japanese pirates, of whose coming we had news this year. The fleet sent by me, as above stated, met two vessels of the enemy near Cagayan, one of Japanese and the other of Sangleys; an engagement ensued, and those vessels surrendered after a fierce fight, in which two hundred Japanese, among them the commander of the fleet and his son, were killed, while we lost only three soldiers.

Juan Pablo de Carrion, whom I sent as my lieutenant-general in charge of this fleet, continued his journey, and entered the Cagayan River, where he was to make a settlement. At the entrance of the river he found six more Japanese vessels belonging to the fleet of those which had surrendered. There was also a goodly number of people there, and fortifications. On account of his lack of men--a severe storm having driven out to sea the flagship, which he took on this expedition--he did not sack these forts, but attempted only to enter the river. This he did, going up about six leagues, where he made a settlement in a place where he could erect a fort, whence he could direct offensive and defensive warfare against the enemy. This news came yesterday; and with all possible despatch I am sending reënforcements, boats, ammunition, and the provisions necessary. I considered it so needful to employ the soldiers for this purpose, because too small a force remains to me for the aid of Maluco, as I have written, since that undertaking is so important. However if they send from that place to beg aid, I shall give it with what forces I can. For I suffer a great lack of men and other things because no reënforcements have been sent me from Nueva España, although I have implored them. This land suffers from a constant and pressing need of reënforcements, on account not only of its unhealthful climate, but of the many emergencies which continually arise when I must send aid. These occasions now are not so much a matter of jest as they have been hitherto; for the Chinese and Japanese are not Indians, but people as valiant as many of the inhabitants of Berberia [Barbary], and even more so. I entreat your Majesty to give careful attention to this, and to order that in all vessels as many men as possible be sent; for it is the key to what is necessary for the preservation of this camp. I beg also that careful attention be given in the other things.

The gratuity for the expenses incurred in these necessary undertakings and for others similar to them, which are thrusting themselves forward every moment--which was provided by your Majesty's auditors of your royal Audiencia of Mexico in the ship arriving at this bay on the twenty-fourth of last month, consisted of a decree and warrant in which they order that Doctor Sande be paid here for the time while he remained here after my arrival, and until his arrival at Mexico. For this purpose they set aside in their decree the tributes which belong to your Majesty, and order that they be attached for this and sent to them--threatening me with imprisonment if I do not comply. I have written to your Majesty already of the poor state of your treasury here and its many pressing necessities, and of the extreme difficulty experienced in raising the amount needful for the same. Will your Majesty please take suitable action in this? for without the aid of what little resources your Majesty possesses here, this colony cannot be preserved. May our Lord guard the Catholic and royal person of your Majesty for mary prosperous years, and give you increase of many kingdoms and seigniories for the good of Christianity. Manila, July first, 82.

[_Endorsed:_ "To the royal Catholic Majesty, King Don Phelipe, our sovereign, through his royal council of the Indies. Governor of the Philipinas."]

TWO PAPAL DECREES

Indulgence Granted to the Dominicans on Their Setting Out for the Philippines

Gregory, Bishop, servant of the servants of God: In perpetual remembrance of the affair.

Since, as we have learned, very vast kingdoms, islands, cities, and towns in the parts of the Western Indias are being converted to the faith of Christ, and daily the light of heavenly learning is beaming on the peoples thereof--who, hitherto unacquainted with the law of God, and under the yoke of the demon, were groping their way in the dark places of unbelief; but now, rejecting the errors of heathenism, are revering and following the name of our Savior Jesus Christ: therefore our beloved son, the master-general of the Order of Preachers [21] [Dominicans], has determined to send thither professed members under the care of their own vicar, with rules for austere life and a reformed standard of conduct--as is becoming to a religious and praiseworthy institute, and according to which their province of New Spain was established--who there may found a new province of their order.

We, on whom through appointment of the Lord it is incumbent to foster the spread of the gospel, desirous of taking part in this duty of preaching the gospel in kingdoms wherein Christ is unknown, desirous moreover to aid, in as faras we can, the pious and religious endeavors of the Friars Preachers--who, with their abandonment of fatherland and their self-denial of comforts, are now exposing themselves to dangers of land and sea for the sake of spreading the name of Christ--therefore, trusting in the mercy of almighty God and the authority of His blessed apostles Peter and Paul, we by our apostolic authority, in virtue of these presents do grant, etc., a plenary indulgence and remission of all their sins to the professed members of the said Order, all and singular, if really penitent and confessed, who by leave or order or mandate of their afore-named master-general shall go to the Philippine Islands.

Given at Rome, at St. Mark's, under the seal of the Fisherman, on the fifteenth day of September, in the year 1582, the eleventh of our pontificate.

Foundation of the Province of the Dominicans in the Philippines

Gregory XIII, Pope. Beloved son, health and apostolic blessing.

Not long ago you acquainted us with the fact that, some time before, Paul Conestabile, master-general of the entire order of Friars Preachers, gave you leave--with thirty or forty professed members of the said order, to be gathered by you from the provinces of Spain, Aragon and Andalusia, and ten from the province of Mexico and from Chiappa, [22] to go to the Philippine Islands and to the kingdom of China. Moreover, appointing you his vicar-general in the said Philippine Islands and kingdom of China, etc., he granted to you, all and singular, the privileges which had been granted by former generals to the province of Santiago of Mexico--to the end that you might there establish a rule of life in accordance with the same, and found provinces, etc.

But since, as you also told us, the said General Paul is dead, and there are some who are doubtful of your power in the premises, and therefore you have humbly petitioned us to determine what through our apostolic bounty you should do in the premises: therefore, holding that you are free from any sort of excommunication, etc., and by these presents decreeing that the tenor of the said letters is to be considered as if herein expressed; moreover, being not unwilling to hearken to your petition, we by our apostolic authority, in virtue of these presents, approve and confirm the things contained therein, all and singular; and, as far as needs be, do again depute you to the aforesaid charge, [23] etc.

Given at Rome, at St. Peter's, under the seal of the Fisherman, on the twentieth day of October in the year 1582, the eleventh of our pontificate.

REPORT ON THE OFFICES SALEABLE IN THE PHILIPPINES

The following are the saleable offices in these Philipinas islands, from which some gain may be derived.

Seven positions as city magistrates in Manila; because, of the twelve which are available, three are filled with officials of his Majesty, and two by Captain Juan de Moron and by Pedro de Herrera, both possessing titles from his Majesty.

Two offices as notaries-public in the same city; for, of the three available, one is filled by Diego Alemán who was appointed by his Majesty, and the other two are appointed by the governors, and therefore are not royal notaries.

A notary of the cabildo, for no one has been supplied by his Majesty.

The office of alguacil-mayor [high constable] in this city was held by Hernan Lopez: he has lived during the last three years in Mexico, where he has married, and has not attended to his office; and consequently the governor disposes of this position. More will be given for this office on account of its dignity, as holding a seat in the cabildo next to the royal officials.

The office of chief clerk of registers and mines of these islands; for no appointment has been made by his Majesty.

Six magistrates for the town of Zubu, which is the required number. No one has been appointed by his Majesty.

In the said town, two notaries--one public, and the other for the cabildo; for they have not been filled by his Majesty.

In the said town, the office of alguacil-mayor; for his Majesty has made no provision for the said dignity.

The offices which are available in the town of Zubu are also available in the town of Caçeres, in the province of Camarines; and in the town of Arevalo, in the island of Panai.

The town of Fernandina in the province of Ylocos has proved to be so unhealthy a region that, from being the richest town of these islands, it has now only a few inhabitants with no organized cabildo or government.

The city of Segovia, in the province of Cagayan, is a newly-settled city. The offices have been filled by the governor with the early conquerors; it will therefore be convenient for his Majesty to confirm them, in order that the community may become permanently settled.

Concerning the office of alcalde-mayor in the villages and provinces of the Indians, the following method is carried out. The alcalde-mayor, who goes there for a year or two, takes with him his own alguacil and clerk, appointed by himself. The lawsuits which take place before them are seldom made public; and they can keep the fines forfeited to the royal treasury--which are not slight, for they fine the natives even for treading the ground. They keep neither archives nor record of anything, so that his Majesty is ill served in their office; the natives suffer, and the officials condemn themselves. In view of all this, it would be better for each province of Indians possessing the office of alcalde-mayor to have a permanent alguacil and clerk appointed by his Majesty; for if they are not appointed by the alcalde and are not his servants, they will not conform so thoroughly to his will. Thus light would be shed upon the legal proceedings, of which an account would be kept; and the fines forfeited to the royal treasury would not be lost, together with the expenses of justice. Finally, if they are appointed permanently, they will aim at the preservation of the Indians for their own benefit, and will not plunder and then go away, as they do now. The three most important provinces in which an alcalde resides are: the province of Pampanga, which is the most fertile region of these islands, and which has about thirty thousand Indians; the province of La Laguna de Bai, with a like number of Indians; and the province of Bombon, Balaian, Mindoro, with about twenty thousand Indians. I believe that in these three provinces the offices of alguacil and clerk will be of no less value than they are in Spanish communities. In the other provinces, these offices are of little importance at present.

DOCUMENTS OF 1583

Complaints against Peñalosa. Gabriel de Ribera; [1583?] Affairs in the Philipinas Islands. Fray Domingo de Salazar; [1583]. Instructions to commissary of the Inquisition. Pedro de los Rios, and others; March 1. Foundation of the Audiencia of Manila. Felipe II; May 5.

_Sources_: These documents are obtained from MSS. in the Archivo general de Indias, Sevilla--excepting the third, which is from the Archivo general at Simancas.

_Translations_: The first and third documents are translated by Alfonso de Salvio, of Harvard University; the second, by Herbert E. Bolton, of the University of Texas; the fourth, by Henry B. Lathrop, of the University of Wisconsin.

COMPLAINTS AGAINST PEÑALOSA

Most powerful lord: [24]

Captain Gabriel de Rivera [25] beseeches your Highness on behalf of the Filipinas islands, kindly to see that due attention and consideration be given to the advancement and preservation of those islands, upon which his Majesty has set his eyes so fixedly, and which have cost so many thousands of ducats and Spanish lives. May what has been asked be provided, according to the memorials which I have presented to the royal person and to your Highness; for it befits the service of God our Lord, that of your Highness, and the advancement and good government of those islands.

The appointment of Don Gonzalo Ronquillo [26] by your Highness as governor for life, and the many sentences, decrees, and favors in his behalf, greatly injure the said islands in their advancement; they harass and totally ruin them as we have seen with our own eyes. Such an appointment is contrary to the orders and laws given for the new discoveries; for the Filipinas islands were discovered more than fifty years ago, and were settled at the time of the emperor (may he rest in peace). Since a way of return to Nueba España had not been discovered, the settlers for lack of sustenance abandoned the land, until the viceroy, Don Luis de Belasco, by order of your Highness despatched a fleet to the said islands, and sent Miguel Lopez de Legazpi as governor, who made a settlement and discovered a way of return. He went there at his own expense. All favors granted him in the meantime were so small and inadequate that he was not even allowed to take a repartimiento. The islands have been settled for twenty years, and have enjoyed peace and quiet. [27] The appointment may have been a very lawful one, but it should not be forgotten that it is injurious to the said islands and their advancement. God alone can remedy the abuses perpetrated every day, for, as is well known by your Highness, they are beyond any other remedy--inasmuch as Don Gonzalo has carried out no part of the agreement he made with his Majesty. In regard to this, and the papers and memorials which I have presented, may your very Christian Highness take the measures befitting the service of God, and the advancement and good government of those islands.

_Gabriel de Ribera_

AFFAIRS IN THE PHILIPINAS ISLANDS

_By Fray Domingo de Salazar_

_Memorial regarding occurrences in these Philipinas Islands of the West, also their condition, and matters which require correction; written by Fray Domingo de Salazar, bishop of the said islands, in order that his Majesty and the gentlemen of his royal Council of the Indies may see it._

At first, when the Spaniards came to these islands, there was a great abundance of provisions, such as are produced in the country; namely, rice, beans, fowls, swine, deer, buffaloes, fish, cocoanuts, bananas and some other fruits, wine, and honey. Of these a large quantity could be bought from the natives with very little money. Although among them there was gold, with which they traded and trafficked, yet it was most usual to barter eatables for rice until the Spaniards introduced the use of money, from which no little harm has come to the country. Wine and rice are measured by the ganta, which is equivalent to a quarter of a celemín in our measure.

The prices which articles brought after the Spaniards introduced silver coins--which are, as a rule, tostóns, as the four-real pieces are called--were as follows: [four] [28] hundred gantas of rice [for one tostón]; for another, a hundred of wine; and for another, twelve, fourteen, or sixteen fowls; and other things in proportion. These rates continued until a year and a half or two years ago. Then products began to be scarce in this country, and articles which were formerly cried through the streets have today reached so high prices and such scarcity that there is now no one who can obtain them, even when they go to search for them in the Indian villages. For what is thus found the common prices are forty or fifty gantas of rice, or eight or ten gantas of wine, for one tostón; fowls have advanced to two reals apiece, although the usual price is one real; while a hog costs four or five pesos, or six or eight for one of considerable size. Oil of agenxoli [sesame], cocoanuts, and butter, which formerly could be bought very cheaply, cannot now be obtained--although in this there is variation, as little or much comes to the market.

I have tried to ascertain the reason for so great a change, and for the dearness of food; and after thoroughly informing myself through persons who know, and through what I have seen with my own eyes, I find the following reasons therefor. First: When Don Gonçalo Ronquillo came here as governor of La Pampanga, [29] whence all this country used to be supplied with rice, wine, and fowls, a great number of Indians went to the mines of Ylocos, where they remained during the time when they ought to have sowed their grain. Many of them died there, and those who returned were so fatigued that they needed rest more than work. As a result, in that year followed a very great scarcity of rice, and for lack of it a great number of Indians in the said Pampanga died from hunger. In Luvao alone, the encomienda of Guido de la Vaçares, the dead exceeded a thousand.

Second: in regard to the many occupations in which the Spaniards employ the Indians, such as setting them to row in the galleys and fragatas despatched by the governor and officials on various commissions, which are never lacking. At times they go so far away that they are absent four or six months; and many of those who go die there. Others run away and hide in the mountains, to escape from the toils imposed upon them. Others the Spaniards employ in cutting wood in the forests and conveying it to this city, and other Indians in other labors, so that they do not permit them to rest or to attend to their fields. Consequently, they sow little and reap less, and have no opportunity to attend religious instruction. It sometimes happens that while these miserable creatures are being instructed for baptism the Spaniards force them to go to the tasks that I have mentioned; and when they return they have forgotten what they knew; for this reason there are today many Indians to be baptized. In some cases when I have gone to a village to administer confirmation, I have returned without confirming any one, because the Indians were not in the place, but were occupied in labors ordered by the alcalde-mayor, and I could not collect them together. In proof of this, I send a mandate issued by a deputy of Tondo. (I was present at the time, and all the people were away, occupied in the tasks assigned to them; and the only Indians in the village were those who were being instructed for the reception of baptism.) This ordinance commanded all the Indians of the said village to cut wood, and those who were receiving instruction to quit it.

Third: Before the governor Don Gonçalo Ronquillo came, there were not more than three or four alcaldes-mayor in all these islands; but now there are sixteen and most of them are men who came with him. As they came poor, and as the salaries are small, they have taken away the Indians--as all affirm, and it is common talk--at the time for harvesting rice; and they buy up all other provisions, and many profit by selling them again. In this way everything has become dear, because, as they have forbidden the Indians to trade and traffic, they sell at whatever price they wish. Formerly the Indians brought their produce to the gates, and sold it at very low-prices; for they are satisfied with very little gain, which is not true of the Spaniards. But, not to ascribe all the guilt to men, but to our sins, the cause of this dearness has in part been that these years have not afforded as good weather as others. This is the state in which the country has thus far been up to the present.

_Injuries inflicted upon the Indians_

First: When a long expedition is to be made, the wrongs which they suffer are many. One is to despatch for the Indians who are to row in a galley or fragata a sailor who has neither piety nor Christian feeling. Moreover, it is notorious that, without inquiring whether an Indian is married or single, or whether his wife is sick or his children without clothing, he takes them all away. It has happened that when a husband has led this deputy to his wife, who was great with child, and has asked with tears that he might be left behind as she had no one to care for her, the sailor has beaten her with cudgels in order to make her go, and the poor husband also, despite his resistance. In other cases, their wives are abandoned when dying, the husband being compelled to go away to row. The Indians are put into irons on the galleys, and flogged as if they were galley-slaves or prisoners. Moreover, the pay that is given them is very small; for they give each man only four reals a month--and this is so irregularly paid that most of them never see it. The [officials of the] villages from which they take the rowers divide the pay among themselves, or give it to those whom they impress as oarsmen. This statement is thoroughly authenticated; for when the governor, Don Gonçalo Ronquillo, sent to the mines, in Vitis and Lobao alone they divided three thousand pesos belonging to the Indians themselves; and when he sent to Borney, in Bonbón they divided more than two thousand. They say that in all Pampanga five or six thousand pesos were taken, and similarly in all towns where they get recruits.

Sometimes they do not go at harvest-time to collect the rice which they say belongs to your Majesty, but only when it is very dear; and then they require it to be sold for the price which it was worth when they harvested. Sometimes the Indians buy back for five or six tostons what they sold for one. The past year, when the Indians ate shoots of palms and bananas because they had no rice, and many Indians died from hunger, they made them sell the remaining rice at the price which it was worth at harvest-time. Sometimes the entire quantity of his rice is taken from an Indian, without leaving him a grain to eat. One poor widow, seeing that they were carrying off all her rice without leaving her a grain to eat, took, as best she could, two basketfuls to hide under the altar, and there saved them; but it is certain that if the collector had known it, they would have been taken from that place.

Another injury that they do to this poor people, under pretense of its being for your Majesty, whereby your royal name is detested among them, is as follows. Formerly, when rice was plentiful, four hundred gantas were worth one tostón; your Majesty's officials of La Pampanga furnished me with the price which it was worth. Last year the governor ordered that twelve thousand fanégas of rice be taken from La Pampanga for your Majesty, and that the Indians should give three hundred gantas for one tostón. It was then worth among them about a peso of gold, because it could not be had at any price. Many Indians died of hunger. The three hundred gantas which they took from them for one tostón were worth about six tostóns, and a person who wished to buy it could not find it. This present year, when they have so little grain and the famine is so great in La Pampanga, the Spaniards might have sent to other districts to buy rice, where--although they must go farther--it is more plentiful, and could be taken without injuring the Indians. Yet the Spaniards have chosen not to do this, but rather to order that it be taken from La Pampanga. And while the price among the Indians is fifty gantas for one tostón, they require them to give for your Majesty at the rate of two hundred and fifty gantas. At the season when this was collected, I was visiting La Pampanga, and I saw so much weeping and moaning on the part of the wretched Indians from whom they took the rice, that it moved me to great pity--and all the more since I could see so little means to provide a remedy; for although I wrote about it to the master-of-camp, who was at that time lieutenant-governor, it profited me little.

As for the means of collecting this rice, the alcalde-mayor or his deputy divides among the chiefs two, three, four, or more taes of gold (which is a certain weight worth five pesos), and orders that so many gantas of rice be collected for one tostón. Afterward they send, to collect this rice, men without piety; who, with blows, torture, and imprisonment enforce compliance with the rate of three hundred and fifty gantas for a tostón; and, in other years, one hundred of wine, and this year, sixty. It is a fact well established, for I have learned from the very persons who collect it that it often happens, that the Indian, not having so much rice as is demanded, is obliged to go to buy at the rate of fifty gantas for a tostón, and fifteen gantas of wine; and from him, as is said, they take two hundred and fifty of rice and seventy of wine for one tostón. If this occurred only with respect to rice, which is necessary for the expense which your Majesty incurs in this city, it would be but half a wrong, although I do not know what law permits them to invent one price for your Majesty and another for others. However this may be, I will pass on. But the real evil is that the governor, master-of-camp, alcaldes-mayor, your Majesty's officials and other persons to whom these wish to give it, all consume it at this same price, and they also collect it at this price for the hospitals of the city. Although the governor, in the orders which he gives for the hospitals and for other persons, such as alcaldes-mayor, does not name the number of gantas to be given for a tostón, yet the rate is not higher than for your Majesty. He is at fault, in that--knowing that they collect at this price--he neither causes what has thus been taken to be restored, nor punishes him who transgresses in this matter; thus many dare to take rice from them at these same prices, knowing that they will not be punished. I know that many alcaldes-mayor, having orders from the governor to buy from the Indians of their districts three hundred fanégas from each single man and five hundred from each married man, take it at the aforesaid price, and even much more than they are permitted to take, and sell it again at the current price. I know that they also go to collect, at the price fixed for your Majesty, for themselves and their friends, much more rice than they have a right to take according to order. The same is true in regard to cutting timber.

They compel the Indians to work at tasks in the service of your Majesty, paying them but little, and that irregularly and late, and often not at all.

I do not mention the injuries which the Indians received from the Spaniards during the conquest, for from what happened to them in other parts of the Yndias can be inferred what would happen here, which was not less, but in many places much more. I speak of what has happened and now happens in the collection of the tributes, so that your Majesty may see if it is right to overlook or tolerate things which go so far beyond all human justice.

As for the first, your Majesty may be assured that heretofore these Indians never have understood, nor have they been given to understand, that the Spaniards entered this country for any other purpose than to subjugate them and compel them to pay tributes. As this is a thing which all peoples naturally refuse, it follows that where they have been able to resist they have always done so, and have gone to war. When they can do no more, they say that they will pay tribute. And these people the Spaniards call pacified, and say that they have submitted to your Majesty! And without telling them more of God and of the benefits which it was intended to confer upon them, they demand tribute from them each year. Their custom therein is as follows. As soon as the Spaniards have subjugated them, and they have promised to pay tribute (for from us Christians they hear no other word than "Pay tribute"), they say to the natives, "You must give so much a year." If they are not allotted in encomiendas, the governor sends some one to collect the tributes; but it is most usual to allot them at once in an encomienda to him who has charge of collecting the tributes. Although the decree relating to encomiendas says, "Provided that you instruct them in the matters of our most holy faith," the only care that they have for that is, that the encomendero takes with him eight or ten soldiers with their arquebuses and weapons, orders the chiefs to be called, and demands that they give him the tributes for all the Indians of their village. Here my powers fail me, I lack the courage, and I can find no words, to express to your Majesty the misfortunes, injuries, and vexations, the torments and miseries, which the Indians are made to suffer in the collection of the tributes. The tribute at which all are commonly rated is the value of eight reals, paid in gold or in produce which they gather from their lands; but this rate is observed like all other rules that are in favor of the Indians--that is, it is never observed at all. Some they compel to pay it in gold, even when they do not have it. In regard to the gold likewise, there are great abuses, because as there are vast differences in gold here, they always make the natives give the finest. The weight at which they receive the tribute is what he who collects it wishes, and he never selects the lightest. Others make them pay cloth or thread. But the evil is not here, but in the manner of collecting; for, if the chief does not give them as much gold as they demand, or does not pay for as many Indians as they say there are, they crucify the unfortunate chief, or put his head in the stocks--for all the encomenderos, when they go to collect, have their stocks, and there they lash and torment the chiefs until they give the entire sum demanded from them. Sometimes the wife or daughter of the chief is seized, when he himself does not appear. Many are the chiefs who have died of torture in the manner which I have stated. When I was in the port of Ybalon some chiefs came there to see me; and the first thing they said to me was, that one who was collecting the tributes in that settlement had killed a chief by torture, and the same Indians indicated the manner in which he had been killed, which was by crucifixion, and hanging him by the arms. I saw this soldier in the town of Caceres, in the province of Camarines, and learned that the justice arrested him for it and fined him fifty pesos--to be divided equally between the exchequer and the expenses of justice--and that with this punishment he was immediately set free. Likewise I learned that an encomendero--because a chief had neither gold nor silver nor cloth with which to pay the tribute--exacted from him an Indian for nine pesos, in payment of nine tributes which he owed; and then took this Indian to the ship and sold him for thirty-five pesos. And although I told this to the steward and asked for the Indian, he remained in slavery. They collect tribute from children, old men, and slaves, and many remain unmarried because of the tribute, while others kill their children.

What the encomendero does, after having collected his tributes in the manner stated, is to return home; and for another year he neither sees nor hears of them. He takes no more account of them than if they were deer, until the next year, when the same thing is repeated. These injuries the Spaniards inflicted in all places until recently. In this district of Manila there is not so much of it now, because many of the natives are already Christians, and there are religious among them, and affairs are in better order. But in remote places and some not very far away, what I have stated occurs, and even worse things are done. Because all, or nearly all, of those who pay the tribute are infidels, and neither know nor understand more of the matters of our faith than they did a hundred years ago, and even more on account of the wrongs which they suffer, they abhor and abominate the faith. Indeed, as for the example of decency which those who mingle with the Indians set them there is no way to describe it here without offending your Majesty's ears; but I state it as an assured fact that they care not whether a woman be a believer or an infidel, single or married; all are on the same level. From this your Majesty will gather what these unhappy Indians will have conceived of us and of the faith which we preach.

I shall not omit to mention here a thing which is full of reproach to the Christians who have lived here, and even to all of us who hear it--namely, that the natives of these islands have been, from ancient times, infidels, of whom there are many now in this and other islands; and that the Moros have come to these islands from that of Burney to preach the law of Mahoma, through which preaching a large number of pagans have turned Moros. Those who have received this vile law keep it with much pertinacity, and there is great difficulty in getting them to leave it. Moreover it is known that the reason which they give--to our shame and confusion--is that they were better treated by the preachers of Mahoma than they have been and are by the preachers of Christ. [30] Since, through kind and gentle treatment, they received that doctrine willingly, it took root in their hearts, and so they leave it reluctantly. But this is not the case with what we preach to them, for, as it is accompanied with so much bad treatment and with so evil examples, they say "yes" with the mouth and "no" with the heart; and thus when occasion arises they leave it, although by the mercy of God, this is becoming somewhat remedied by the coming of the ministers of the gospel, with whose advent these grievances cease in some places. After Don Gerónimo [31] Ronquillo carne to govern, [it was decreed] that from the Indians should be taken the [taels?] [32] of gold which the Indians manufacture. Whether or not this has been done by order of your Majesty, I do not know; but I know that if your Majesty were in this country you would not order this law to be executed now; because most of them are still infidels, and I do not know what right there is to exact these taxes from the infidel, nor to what a people so [_illegible in original MS._] might be driven by such rigor. From this result many injuries to the Indians. For, as is well known, they have wrought the gold which they received from their ancestors, and they regard it as lost. [33] All the Indians are compelled to declare all the gold that they possess, and the amounts are placed on a list, in order that if they should come into possession of more gold in the future, it may be taken from them--not as the royal fifth, but as forfeited. Moreover as these Indians wear chains and ajorcas, [34] the alcaldes-mayor, in the attempt to profit thereby, require that these should be declared, on the ground that these are ornaments which the Indians have manufactured, and on which they have not paid the fifth; and although this may be a lie, it costs the Indian, before he is free, a good share of his gold. Indeed, they denounced an Indian before the governor himself; and in spite of many entreaties from religious, he fined the Indian one hundred and twenty pesos, which was the third part of the gold about which he was accused. A religious assured me that it was gold received from his ancestors; but the Indian could not help himself.

I could never finish--and it would be a very annoying subject for your Majesty--relating all the hardships that befall these unfortunates in this country. They ought to be feasted and favored, in order that they may become attached to our faith, and understand the mercy that God has shown them in bringing them to the knowledge and manifestation of it; but those who here continue to forget this are the cause of their abhorring the faith. They consider your Majesty a cruel king, and think that you are trying only to profit by their estates and to claim their personal service--although all is so much to the contrary on the part of your Majesty, as witness the holy laws and ordinances which, for the good government of these lands, your Majesty has made and ordered to be observed.

But if it is true, most Christian king, that the intent of your Majesty in sending Spaniards to these lands is that God may be known, His faith preached, and His holy law received here; and that these Indians, by love, good works, and example, may be led to the knowledge of God and obedience to your Majesty--what law or right permits individuals to transgress in this matter by their greed and self-interest, and to do the opposite of that for which your Majesty sent them? This purpose is that in your royal name and with holy royal authority they may govern this country, dignified for this task by very honorable titles, and remunerated by large salaries, your Majesty so affectionately charging them to treat these natives well, and giving them for that purpose such holy laws, ordinances, and instructions. Yet these men turn aside their eyes from all this and close them to the injuries and ill-treatment which these unfortunates receive. What abhorrence to our holy faith arises in their minds from this conduct, and what an impediment to the conversion of the infidels is thus formed! And those who are already converted are regretting that step; for these men concern themselves so entirely with getting rich in the shortest possible time, to which end they are continually planning and undertaking every means which seems to them best suited to attain that object--even though it may be contrary to your Majesty's commands and prohibited by the laws of the kingdom and the ordinances of the Yndias, and though it may be injurious and prejudicial to those whom they were charged, by the authority of your Majesty, to make free, and to secure from all those wrongs. If this be true, what punishment would be fitting for such a crime? Or how could your Majesty so overlook a thing so pernicious, that you should not order it to be punished rigorously, and should not remedy evils which so greatly need correction? But whether this is so or not, it is not for me to accuse or to speak ill of any one. I only say, and truthfully, that this land is ruined; and it is doubtful whether, if it experiences another year like the two just past, it will endure till the third--and this is no exaggeration.

In the ship which just arrived from Nueba España came certain royal decrees--a remedy for some evils of which information had been given. It seems that the country received thereby some alleviation of its troubles, but I do not know what will follow. It is a great misfortune to have your Majesty so far away. For if you were near us, all these ills would soon disappear--as I hope, by the Divine goodness and your Majesty's holy zeal, that they will not endure longer than till you shall hear of them, not by my report, but by information which may be quite sufficiently obtained in Nueba España; for what I say here is for no other purpose than that your Majesty may be informed of what is going on, and that you may order it to be remedied.

Since your Majesty orders, by your royal decree, that in case the governor do not keep the royal laws and ordinances which are made for these lands, I advise your Majesty of the fact: what might in compliance be said with entire truthfulness is, that I do not know what decree, provision, or ordinance issued for the benefit and aid of the Indians is kept or noticed; and if any promise is made, it is only for courtesy. Never have I seen any man punished who may have violated the decrees, or who may be scandalous in sin; and in order that it may be quite evident to your Majesty how badly your holy laws are kept, I shall proceed to demonstrate by the royal ordinances.

2nd. The second clause, commencing, "those who administer government," etc., is neither kept nor noticed, because it never is taken into account. Therefore the Indians understand that the good which is to be done them is but to subjugate them and make them pay tribute; and as this is the purpose of those in authority, they never do what is ordered in this clause, but at once send soldiers to force the Indians to submit although they may not desire it; and before they return they leave the natives subjects and tributarios.

4th. Clause four, for the same reason, is not heeded.

20th. In regard to clause 20, although it is so necessary, and so deserves to be obeyed, those in power act as if they were ordered to do the very opposite, as is explained above, where I discuss the wrongs that they inflict.

24th. To what is ordered in clause 24 some respect is now paid in this island; but heretofore everything has been done in contravention of it, and the penalty has never been enforced.

25th. Nor has clause 25 been observed in this island. On the contrary, there has been, I say plainly, a notable diminution in the royal exchequer, and the difficulties which are mentioned in the clause result.

29th. With regard to clause 29, the deeds of those who go on these expeditions are so contrary to the orders given in this clause that it would appear that they are sent to rob, rather than to pacify.

30th. Clause 30 is the least respected of all those contained in this book of ordinances, as was said, and there is most necessity for its observance. It is, moreover, certain that all the other ordinances are regulated by what is here commanded.

32nd. To clause 32, which treats of new settlements, no more attention is paid than if it had not been written. For no settlement is either made or contemplated in this island; no Spanish town has any pasture for cattle, or land for cultivation, although that would be a great convenience; and those who wish to undertake anything of the sort--for there are two or three such--are granted no favor when this matter is discussed; nor is there any one who remembers the law.

33rd. No attention is paid to clause 33, nor is the pacification of the natives conducted on any orderly plan--except that here and there some men are sent to make the Indians tributary, without attention to securing their pacification or settlement. Some attention was, however, given to this in the expedition which was just made to Cagayan.

36th. We all know well that the principal aim of your Majesty is that expressed in clause 36, but this is not the aim of those who govern; accordingly, they do little for the conversion of the Indians, but much for their own profit.

138th. The part of clause 138 which is observed, for good or bad, is to subjugate the Indians and compel them to pay tribute; beyond this there is neither care nor thought.

139th. For the like reason, clause 139 is not observed, nor is there thought of it.

141st. Of what is ordered in clause 141 nothing is observed; for they care no more for rendering justice to the Indians than if these were beasts who lack reason.

144th. The part of clause 144 most important for observance was that beginning "the country being pacified" [_illegible in original MS._]; it was, indeed, the most necessary for observance. But in order to relate the harm that follows from not observing it, there should be another man who knows better how to say it than I do. This law or clause contains two parts. In the first is stated the obligation of the governor in allotting the Indians; in the second, the obligations of the encomenderos toward their encomiendas. As for the first, it might (and not without reason) be disputed whether, for your Majesty's peace of conscience and for the welfare of these natives, it is fitting that these encomiendas be allotted. But since this subject requires more time and space than I now have to devote thereto, let it remain for another voyage, when, by the help of God, these and other doubts will be dissipated, for the service of God and your Majesty. I venture to say this because, although your Majesty has so near you so many and so excellent learned men in all subjects, yet, to determine many matters relative to the Yndias, it is doubtless necessary to have dwelt in them, and that for not a few years. For the present it is sufficient to say that if the governors (before allotting the Indians) and the encomenderos (after their allotment) would observe even what is demanded from them in this clause, they would relieve your Majesty from painful scruples, and us from doubt, and thus from a heavy burden of conscience; while to the Indians would be given an extraordinary benefit. But all is contrary to this, because neither do the governors, when allotting the Indians, take notice of what is here required from them--for they make the encomiendas before the Indians are pacified, or even have heard the name of God or of your Majesty--nor do the encomenderos heed the obligation which they take upon themselves; but, confident of the encomienda allotted in this manner, they go to collect the tributes in the manner above stated; and among them are some who do so even more tyrannically.

145th. Of clause 145, that which has to do with the Indians is not observed any more than the foregoing in regard to reserving the chief villages for your Majesty. Your islands are not like Nueva España, where there is a chief village with many others subject to it. Here all are small villages, and each one is its own head. The governors, interpreting this law more literally than is good for the service of your Majesty, have added to your royal crown some very small maritime villages; and the advantage has been given to whomsoever they have wished--whether justly or not, it is not for me to decide. I can assure your Majesty that it is very little in way of tributes that finds its way into the royal chest, although there is much need that your Majesty should have money here to provide many necessities, which others cannot supply if your Majesty cannot. I also say that, according to accounts current here, no Indians are harder worked or less free than those apportioned to the royal crown. There are many other reasons which might be given to make this clear, which are very patent to us here. One is that, as the officials do not go out to collect the tributes, the governor sends one of his servants whom he wishes to favor, to collect them. He collects for your Majesty what they owe, and for himself whatever he desires; and this is most certain, as well as the method of collecting. Your Majesty's Indians undergo greater oppression than do the others. Those encomenderos visit their Indians, and once in a while they cannot help taking pity on them; but for those of your Majesty, there is no one to grieve and no one to care. I even hear it said that many soldiers, when without food, take it from the Indians, under the pretense that they serve your Majesty and are given nothing--saying that, as it belongs to your Majesty, they may do so.

146th. What is contained in clause 146 is the thing which would most attract the Indians to receive our faith if it were observed. But there is nothing which more impedes the conversion of these barbarians than that, from the very outset, the Spaniards go among them and compel them to become subjects of another and a foreign king whom they do not know; and without more ado demand tribute from them, which is the thing that they most unwillingly acquiesce in. Certainly it is a very great pity and a cause for much grief that such covetousness is found among us, that--through not knowing how to deal with these barbarians, through not having patience with them that they may understand the good which comes with us to them, and through greed for what they now pay us--we may be the cause of thousands of them remaining unconverted, and of those who are converted becoming so more through force than choice. I am certain that if this clause had been observed, all of these islands would be converted, and that not as a pretense, but in all sincerity. From this your Majesty may see the harm done by those who do not observe what your Majesty commands with respect to the pacification of the Indians. And--in order that you may know how these Indians feel about paying the tribute--when my arrival was made known among them, and it was said that I was captain of the clergy, as the governor was of the laymen, they asked if I had come to force on them any tribute, a thing which they so much fear. In the instructions which the governor, Don Gerónimo [_sc._ Gonzalo], recently gave to Captain Juan Pablo de Carrión, who made the expedition to Cagayan, there is a clause stating that "tribute shall not be demanded from them for one year"--which marks the beginning of some respect for your Majesty's orders; and I hope to God that it is to be one of much importance, in order that those Indians, who three or four times have been so wronged and scandalized, may now have peace.

147th. Clause 147 is quite forgotten, nor can those who govern be persuaded that this so holy manner of preaching the gospel be tried; besides, your Majesty leaves no authority to the bishops or to other prelates to attempt the apostolic preaching of the gospel, but all the authority is given to the governors, or is assumed by them. If this clause were to be observed, the bishops and not the governors would have to reform whatever is needed. The preachers go either alone or with an escort; hence it is that the governors attempt more than the conversion of the Indians. They never find place for the fulfilment of this clause. It is without doubt a shameful thing, and unworthy of one who professes such a law as ours, that we should not trust in God, for sometimes the preachers would do more alone, unaccompanied by arquebuses and pikes; and, although I do not deny that this may be lawful and sometimes necessary, it would not be a bad plan that this be tried the other way, at some time. But it will not be done if your Majesty does not order otherwise.

148th. It is very necessary to observe clause 148 in this country, since the Indians are thinly scattered, and are settled amid rivers and marshes where they are found with much difficulty. Hence it is very desirable that the encomenderos do as they are here commanded, and not wait for the religious or ecclesiastics, who can not do it with the same facility as can the encomenderos. Moreover, since the removal of the Indians from their former homes is a thing very odious to them, and they change their homes very unwillingly and with much hardship, it would be better that they be vexed with the encomendero than with the minister--who has to teach them, and through whom they have to learn love, and who in all things strives for their good. The same is true of building the churches and monasteries.

_Relation of what concerns the Sangleys_

The commerce with the Sangleys has always been considered very important for the supplies and trade not only of this city, but of those who come here to invest their money, and for what is expected from it in the future. For it might be that by this means we shall get a foothold in that great realm, which of all things is so much desired. This trade has been so harassed and injured this year that we are in great dread lest those who come here, or many of them, will not return, or that they will not be willing to sell their merchandise at former prices, because of the bad treatment that they have received and the lack of order here.

During the past year and the present one the ill feeling has increased, because at first they paid nothing; but later anchorage dues were levied upon them--more by way of securing acknowledgment than for gain; while last year and this they have demanded three per cent from the Sangleys, from which many injuries to the latter have resulted. The first is, that they all were ordered to live apart, in one fenced-in dwelling made this year, whither they have gone very unwillingly. There the shops have made them pay higher prices than goods would cost them outside. A warden has been appointed for them, with judicial authority to punish them; and, according to report, many wrongs and injuries are inflicted upon them. Indeed, for very trivial causes they are put in the stocks, and pecuniary fines exacted from them. Sometimes they have been fined for going outside at night to ease the body, or for not keeping their place clean.

Under the pretext that they must pay taxes to your Majesty, a penalty was imposed upon the sale of any article without its previous registration; but at the time of this registration the best of their merchandise was taken from them, and that at the price which the inspector or the registrar chose to set. Some pieces of silk were therefore hidden by the Sangleys, either to sell them to better advantage or to give them to persons to whom the goods had been promised. For this they were punished with as much rigor as if the penalty had been required from them for many years, instead of being, on the contrary, only the first or second time when they had heard of it. Among other things, I know that because a Chinese merchant sentenced him to one hundred lashes and a fine of seventy-five tostóns. A brother of his came to me to ask protection for him, and at my request they remitted the lashes; but he paid the tostóns before he could leave the jail. Of these and of other wrongs to individuals so many cases occur that I have been greatly troubled. For some would take the goods from the Sangleys by force, and keep them; others would not give them what the goods were worth; others would give them written orders [Span. _çédulas_] [35] (which are much in use among them), and afterward repudiate these. Thereupon they would hasten to me; and, as I could not secure reparation for these wrongs, I was greatly afflicted. The confusion and lawlessness which prevailed in taking the goods from them was so great, that in order to get these better and cheaper, those who had authority in this matter would not allow the Sangleys liberty to sell to those whom they might prefer. But these of whom I speak took all the goods. Then, after having selected what they desired, at whatever price they might choose, they would give the rest to their servants, friends, and associates. In consequence, although twenty ships have come from China--and so many have never before been seen in this space of time--nothing of all that comes from China has been visible this year. On the contrary, Chinese goods have risen to such excessive prices that a piece of satin formerly worth ten or twelve tostóns here, has been sold at forty or forty-five, and yet could not be found, even for the church, which is so needy that it has not been able to obtain silk to make a single ornament. The same is true of all other Chinese goods, which were formerly hawked in vain through the streets. Who may have been the cause of this, what has become of these goods, or where they may have gone, it is not incumbent upon me to say. What devolves upon me is, to represent to your Majesty the condition of this country, which can not last long volves upon me is, to represent to your Majesty the will insist upon knowing whose is the guilt, and upon providing a remedy for your vassals who are so greatly in need of it.

From this condition of affairs has resulted very great harm, which must be the reason why the trade of this city has ceased. That is, since all the goods have this year come into the possession of a few persons, the traders who came here on the strength of reports of the good trade in this country have not spent their money; or else those who have spent it have bought very little, and at so high prices that they will do well if they get back their money. The evil does not stop here; for these traders are compelled to perform sentinel-duty, just as the soldiers do, and in order not to leave their goods to be stolen, they pay a soldier who does this for them, and collects the money. Thus every week they have to pay one tostón (the equivalent of four reals) for the services of a sentinel.

These same merchants were summoned for an expedition which was going to Iapón [Japan], and a fleet was made ready to sail thither; and in order to avoid going they paid as much as thirty and forty pesos each. Thus, in many ways, trade has been unfortunate this year. The latest injury--that which most harassed the Chinese, and most succeeded in irritating them--was that, in sending a galley on the expedition to Iapón which I mentioned, twenty or thirty Sangleys who had come this year to remain here were seized, and compelled to row. Many have come to me to complain, saying that they had come here to earn a living for their children; and asked that, since they were not allowed to accomplish what they came for, they might be permitted to return to their own land. But it profited neither them nor me to say this, for they went on that expedition and have not yet returned. From this another injury has come to us all. For since those who went in the galley, and others sent afterward, were fishermen, the fish that formerly was sold in the streets in great quantities, and for a trifling sum, now cannot be obtained at a high price. Next, they sent another vessel, loaded with rice as provision for the fleet, and ordered a like number of Sangleys to accompany it. In order to avoid going, each hunted up whomsoever he could find; and he who had no slave to send gave ten pesos to some other man to act as his substitute. These and other wrongs have caused two hundred Sangleys, who came this year to settle here, to return; and of those who were living here two hundred and more have gone away. There used to be a very prosperous settlement of them on the other side of the river, but now there appears to be almost no one--as your Majesty will see by the letter written to me by the vicar of the Sangleys, who is an Augustinian friar.

Another wrong is done to the Indians--not to all in general, but to many; it is, to hold them as slaves. This clause also concerns the failure of the governors to obey your Majesty's decrees and writs; for so many of these are issued, commanding that Indians must not be held as slaves of the Spaniards anywhere in the Yndias--either in the islands or on the mainland, in lands discovered or to be discovered. This applies, in whatever way the Spaniards may have obtained them: whether it be in just war; or if the Indians themselves have sold them to the Spaniards, saying that they are slaves; or even if among them these are actually slaves; or by any other means, and in any manner whatsoever. By the ship in which I came the Augustinian fathers brought a new decree from your Majesty, ordering with much rigor, and in strong terms, that the Spaniards shall at once liberate the slaves whom they may hold, under whatever circumstances they may have obtained them. This was presented to the governor, for I talked with him about it. But, to show that what I say above is true--that no decree in favor of the Indians is ever enforced--since this decree was presented the Indians are still in the same servitude as formerly, and some of them are even worse treated than in the past. The governor did not so long delay to enforce the decree (if there be one) relative to taking a fifth of the gold; for the first thing that he did on entering his office was to demand the fifth, while the decree regarding liberty is yet to be executed. I have passed over many things in this connection which, if written here, would be annoying to your Majesty. A document in behalf of the city is being prepared which proves the great necessity in this country for servitude. It states that the Spaniards undergo much toil, and most of them many hardships, and that there is much need that your Majesty should aid and favor them; but asks that this be done by allowing them to hold slaves. Your Majesty will order this to be carefully examined, for it is a certain and well-established fact (and admitted by the very persons who hold and attempt to gain possession of slaves) that although among the Indians there are some who are really slaves, these are few; and that, rather than sell these now, the Indians will sell one of their children. All others are wrongfully obtained and unjustly enslaved--as would be done by a people so barbarous as this, who at this very time sell a relative for gain, and among whom the more powerful will sell the weaker. Most of those who today are in Manila as slaves are of this class. As soon as this decree was presented to him, the governor asked me to advise him what he should do. Accordingly, I convened the superiors of the orders, and the religious therein who had long resided here, with some very learned men who came with me. All of them, without one exception, were of one opinion, a copy of which goes with this letter; your Majesty will please order it to be examined--although it profits little, because proclamation of the decree and orders that it be obeyed were not issued until March of this year. Would to God that it had not been proclaimed! because before that the masters were afraid, and had already determined to give their slaves liberty, seeing that they were urged thereto in the confessional. But when the decree was proclaimed, and the petition which the city referred to your Majesty was granted, all returned to their obstinacy. Upon seeing this, I again convened the fathers and priests, and we agreed to admit the owner of slaves to confession, but on condition that they make no objection to what your Majesty may order; or that within two years from the departure of this ship (the term assigned to them by your Majesty) they should free the slaves. But I am sure that if your Majesty does not renew your order the masters would not release them, if two years or even twenty should pass. It is a great hardship, and a scandal, to have to deny them confession; and many say that they will not release their slaves until your Majesty so orders, even though they remain without confession. The decrees made by the city and by the protector of the Indians are being sent to you. Your Majesty will order examination of them, and whatever else may be proper, and command accordingly; because, although I have been of the opinion that for the present the masters may be absolved, many of the religious refuse to do so unless the slaves are first given their liberty.

It is next in order to inform your Majesty of what is done here with the prelates; [36] it is as follows: When a Spaniard comes to this country he is at once ordered to serve under the flag, although he may be a merchant who comes here to buy and sell. The authorities say that for the present it seems proper to allow the merchants to depend upon their merchandise, and the encomenderos to live upon their encomiendas. All the rest live a very poor and wretched life; for they are not supplied with any provisions, nor do they possess means to procure food and clothing. Notwithstanding all this, they are ordered with great severity to assist the sentinels and aid in other duties of war, just as if they were well paid. Hence ensue oppression and ill-treatment of the Indians; for sometimes when an Indian has some food that he has cooked for his own meal, a soldier enters and takes it away from him. Not only that; they also maltreat and beat the Indians, and when I, being near at hand, go to them and reprimand them for it, they say to me: "What is to be done? must we be left to die?" I assure your Majesty that in this matter I suffer an intolerable torment; because all come to me with their troubles, and I have not the means to remedy them. I only pity them, and do what I can, with my limited means, to aid them. Moreover, the encomenderos refuse to pay tithes, although they have been ordered to do so; nor can the royal officials pay me what your Majesty orders to be given me from your royal treasury, because they assert that no adequate instructions are sent them. Thus I am without means for myself or for the poor. The former governors were accustomed to divide among the poor soldiers some of the rice paid to your Majesty as tribute, in order that they might endure their misery; but now not even this is given to them. It is a still greater oppression that the authorities neither consent to furnish them a living, nor give them permission to go in search of it or even to leave this island. I gave to the governor the decree regarding this matter which your Majesty ordered to be sent; but nothing has been done, because in it your Majesty did no more than to order him to attend to it, and to do what he might think best.

The governor consulted me about his intention to add to the tribute of the Indians two more reals apiece, with which to support the poor soldiers; and I convened the fathers and the clergy to confer about this matter. Seeing that this country cannot be sustained unless there are Spaniards in it, unless the encomenderos are supported, unless the tributes are collected with the aid and assistance of the soldiers here, and unless the Indians pay the tribute which the encomenderos levy for love of the faith, they concluded that the encomenderos are obliged to support the soldiers, who are necessary to render the country secure. But, on the other hand, they considered that as the encomenderos of these islands are very poor, and some of them are married, and very few have encomiendas of reasonable extent, and they can maintain themselves only with much difficulty--much less will they be able to support the soldiers. They concluded that your Majesty is not obliged to use your royal patrimony for this and the other expenses, but that those for whose benefit they are incurred (for which purpose the Spaniards are here) must bear the cost. Accordingly, if the tribute they give does not suffice for all the expenses necessary in order that they may have suitable instruction and may be protected, they, and not your Majesty, must bear these--as St. Paul says, and as the divine law commands. For this reason the governor wished to add the two reals before mentioned, and there was no lack of agreement in this opinion among the fathers and clergy. To me also it seems that, considering the divine law, these people are obliged to pay all the expenses. But considering the poverty of the common people, that perhaps the tribute they give might suffice, for all that is necessary--if it were well apportioned--and for other reasons that make the project doubtful, I have ventured to give the opinion that nothing should be added to the tribute which the Indians now give, until your Majesty can be informed and can order what action should be taken.

In these islands there are many soldiers who were married in Mexico, España, and other countries. Many of them left their wives twenty-five, others ten, fifteen, or twenty years ago; and others, more or less. I have done my best to induce them to go to live with their wives, or to bring them here, but it has been of no avail. Will your Majesty please order that your decree in this matter be observed, for this is not done--nor do the governors try to observe it, saying that the soldiers are needed here; and thus they spend so many years, breaking the law of God and that of holy matrimony. I beg your Majesty, if it please you, to provide a remedy for this; for, if your Majesty does not order it, there will be no one here who can send them hence.

The thing most necessary for the protection of these Indians until they shall better understand our ways is, that there should be a protector who should look after them and defend them from the innumerable injuries that are inflicted upon them. The governor has named one who, it appears to me, does this well, and with care and diligence. But as his appointment is temporary, he dare not exercise his office with as much freedom as if he were appointed by your Majesty. I beseech your Majesty to order this matter disposed of in such manner that it may be to the advantage and not to the injury of the Indians--which would result if this office were given through favor or sale, instead of being conferred on a person who is unencumbered, and very zealous in the service of your Majesty and for the welfare of the Indians; of such there will be very few. He who is now protector is very persevering, and is qualified for this appointment. His name is Benito de Mendiola. [37] But this man might prove deficient; and for the future, if it shall please your Majesty--since this should be well done (for it surely is a very important matter), and the bishops are, by right, fathers of the unhappy--it might be entrusted to him whom the bishop appoints, your Majesty naming the salary or requiring that it be raised here. If it please your Majesty, I will see that the Indians pay it, which they will do very willingly. And if your Majesty does not commit this to the bishop, he and the governor might be entrusted to name the appointee, it being provided that together and in no other way may they remove him--because many times the protector has to ask things which the governor does not like. The governor becomes angry at him, and if it is in his power, removes him--as I have seen done more than once since I came. The inhabitants of this city are among the most loyal subjects that your Majesty has in all his islands; and the soldiers, although suffering so many hardships, as above stated, and many more which cannot be told, are so obedient to orders in the service of your Majesty that it is certainly a cause for thanksgiving to God that, in so great an expanse of country, there should be a prince so obeyed and feared, loved and reverenced as is your Majesty in these regions. And since this condition of affairs is conserved by subjects perceiving gratitude in their kings and princes, and knowing that their rulers reward them for loyalty, I humbly petition your Majesty to give attention to what I have said (which is unquestionably true); and that you show them favor, in order that they may know that your Majesty is pleased with their loyalty.

I understand that what they ask is, that your Majesty order that the limits of this city's jurisdiction (which is five leagues) be maintained; and that you make them a gift of some lands, of which they have none, but without which no commonwealth can be sustained or conserved. The cabildo of México has, besides other sources of income, an encomienda--that of Jalapa, a prosperous village near México. Here there is at present nothing with which to undertake any enterprise, unless your Majesty is pleased that some village be given them as an encomienda, in order that from the tributes may be obtained means to defray the necessary expenses, and conduct the public business in such manner as your Majesty shall order. With that they will be well content. The governor despatched a soldier to Maluco to ascertain what conclusion the Portuguese of those islands had reached. He returned almost at the same time as the ship from Nueba España, with the news which the governor will write to your Majesty. This news gave great satisfaction to all the people of these islands, because your Majesty's interests are thereby promoted, since our Lord has placed in your Majesty's hands the spice-trade of Maluco, which your ancestors so greatly desired. I am sending the letter which the captain at Maluco wrote me, in order that it may please your Majesty to reward generously so worthy a Portuguese as this man is--who certainly has displayed great zeal in your Majesty's service--not forgetting him who obtained and bore the news. This is Ensign Francisco de Dueñas, a very intelligent man, and very reliable in his own duties, who by his energy and diligence succeeded with this undertaking, in which others had failed. He is an old soldier in these islands, and has served your Majesty well in times of war. He is loved by all in this city, and has a good reputation on account of his excellent qualities. He is a person to whom anything whatever may be entrusted; he is very faithful, and a very good Christian. Will your Majesty please order that some reward be given to him? because he merits it, and because others may thereby be encouraged. I also beg that the Portuguese soldiers of Maluco may be in some way rewarded for the affection with which they ask your Majesty to be their king and lord.

In the letter written to me by the captain, he complains that I have not written to him; and he has reason for this--although the blame was not mine; for the governor wrote to the captain without saying anything to me, as he has done in other undertakings. I do not say this to speak ill of the governor, but only that your Majesty may know how affairs go here, and what respect is paid to the bishops.

In regard to Maluco, your Majesty will send some one there who understands it well. To those here who understand the trade, it has appeared that the cloves and other spices will go at less cost by way of Nueba España, and with less risk and more quickly than by way of India; and that to preserve the supply of cloves, so that it may not be destroyed, it is necessary that your Majesty should not permit the Indians of those islands to be allotted, but should retain them under your Majesty's direct control, and they should be dealt with as the king of Portugal dealt with them. For if the Spaniards try to subjugate them, and order them to pay tribute, all will be lost--especially in view of the ill-treatment which the Castilians will inflict upon the natives if the conquered land be given to them as an encomienda (even though it be with name of pacification), as we have seen them do in all lands where they have been. The Indians would receive such harm at the first entrance of the Spaniards that it would not be repaired in many years. Your Majesty will pardon my boldness and accept my desire, which is very strong, to serve your Majesty, in stating what I and many conscientious persons here feel. Your Majesty will adjust the matter as shall serve your interests.

It is now three years since certain Franciscan religious left this island to go to China (as your Majesty will already know), without notifying the governor. Now they have determined to do the same thing; the custodian, whose name is Fray Pablo de Jesús, has gone thither with his companions, without saying anything to the governor, for which I am very sorry. For lack of their labors here, many Indians who were already Christians have remained without instruction, which I consider a great disadvantage. But, knowing that God moves the hearts of men (a matter that we cannot understand), I will overlook that. The governor took this with more asperity than I wished, for he sent after them, and the person who went thither treated them very rudely; but finally God ordained that they should arrive at this island. The governor ordered a proclamation to be made (its contents will be seen by the copy of the ordinance which I send to your Majesty), which even to me seems very harsh toward an order of so high character and strict obedience as is that of the discalced Franciscans. I advised the governor not to act with so much severity, but he did not see fit to grant my petition. I have since learned that the same person who went after them treated them very harshly in Pangasinán and Yllocos--perpetrating upon them many acts of oppression, taking away their ship, and refusing to let any one accompany them--which occasioned no little scandal to the Indians. Among other reasons which the religious have given me to justify their departure from here is the sight of the ill-usage which the natives of these islands receive from the Spaniards, especially those who have the charge of justice; and they say that all these are for hindrance, and no one for help. Hence no harvest can be gathered; and therefore they went to seek a place where they could gather it. Certainly they are not far wrong, for the things that occur here and the obstacles opposed by those who ought to aid us, are so numerous that many times I have longed to leave it all and flee to the mountains; but the charge that I hold keeps me within bounds. There is very little respect for the ministers of the gospel; and they cannot exercise their office without being dependent upon those who have more concern for their own profit than for the instruction of the Indians.

There was sent to the island of Macan, where the Portuguese live--near the city of Canton, in China--a father of the Society, and with him two Franciscan religious, to deal with the Portuguese there, in the same way as with those at Maluco; he was sent also to the Chinese governor at Canton. A copy of the letter is sent to you, in order that it may be seen what is asked from the Chinese governor and in what form; for the Chinese who were then here told me how it should be properly written; they said that their governor would thus learn our usages, and that he would be delighted if we would write to him as we write to one another.

To fulfil our obligation, and to bring this narrative--already so long--to a close, I will not omit, as your Majesty's servant and chaplain, to say that since these lands are your Majesty's, and you have in them so many and so loyal and obedient subjects, both Spaniards and Indians, you should please to see that the people are cared for and well treated; and that the governors preserve their liberties, and do not convert the government into a source of profit to those who govern, as has been done heretofore, to the great injury and deterioration of these colonies.

To remedy this condition, your Majesty should send to govern them not those who solicit that charge, but those whom your Majesty shall seek--Christian men, without greed; for such men are what the people desire, and would suit them and us. Let your Majesty send hither a man who comes alone, and without obligations to relatives or friends (in serving whom they neglect their duty to the early comers, whose blood has been spilled), who is content with the salary that your Majesty assigns him (which is always quite sufficient), and who hopes for advancement by your Majesty through his services; and who will not, by making himself rich in two years, destroy this country, or prevent others from enjoying it and gaining a livelihood. By doing this, your Majesty will have one of the best possessions in the Yndias. But if things go on as heretofore and there is no one to attend to it, it cannot continue long. If it shall please your Majesty to entrust the government to men who live here, there are those who could conduct it very well and creditably, without the many disadvantages which attend those who come from España.

The foregoing is such information as I can give your Majesty from here regarding the transgression and observance of the royal commands, laws, and decrees; and of the present state of this country, the wrongs that occur in it, and what matters ought to be remedied. On account of the little time before the ship departs, not all of this letter is so polished as to be fit to appear before your Majesty. If this relation is deficient (as it cannot fail to be) it is not in lack of truth or in desire to serve your Majesty and secure the welfare of these souls whom, because of their sins and my own, I have in charge. If there is anything which to your Majesty appears worthy of remedy, I humbly ask for it; and if I have said anything about which it appears to your Majesty I ought to have been silent, I also humbly beg that I may be pardoned. Since your Majesty knows that I am five thousand leagues distant from your court, and surrounded by so many griefs and afflictions, you will not be surprised at what I say, but at what I leave unsaid--and even why I myself did not go to beg for the remedy; for it certainly is a different thing to see and endure it here, than to hear it mentioned there.

_Fray Domingo_, bishop of the Filipinas

INSTRUCTIONS TO COMMISSARY OF THE INQUISITION

_Instructions which the person who is or in future will be the commissary of the Holy Office in the city and bishopric of Manila and the Phelipinas Islands of the West, [38] must mark and observe, in order better to fulfil the office and trust which he holds._

1. For this office shall always be chosen persons who are thoroughly competent and well approved--whose purity of family descent, and exemplary life and habits, have been previously ascertained through written information. Besides this, confidence is placed in their prudence, moderation, and temperance, which qualities will enable them to exercise aright the trust conferred upon them, and they will exercise it, for the public good, for the better transaction of business, and not for any private ends. Above all, it behooves them, and they are earnestly charged, not to employ the name and title of the Holy Office for avenging individual wrongs, or for the intimidation or affront of any person. The more such a person shall suspect the inquisitor's friendship, the more prudently must the latter deal with him; otherwise, not only will God be therein offended, but the Holy Office will be greatly wronged.

2. As soon as the commissary receives his appointment, and before he makes use of his powers, he must accept it in the presence of an apostolic notary or a royal scrivener, in whose presence he shall give oath of secrecy and fidelity according to the minute accompanying these instructions. He will show the said title to the governor, and to the ecclesiastical and lay cabildos, in order that they may receive, treat, and recognize him as a commissary and agent of so holy an office. He will take great care not to exceed his commission, but to fulfil it, observing these instructions and other particulars which will be sent to him, which treat of the manner of receiving acknowledgments, substantiating testimony, and visiting ships. To show the certificate of appointment to the cabildos is only a mark of courtesy, and in no way a necessary proceeding; for there is no need of their permission or approbation. The commissary is advised of this because the patent for his commission does not require any other contrasignature or permission for its validity.

3. Secrecy is the surest means, which the Inquisition is to employ very rigorously, for the detection and punishment of crimes. Therefore the commissary is strictly charged to observe secrecy in reference to these instructions, or any others which shall be sent to him, or letters written to him about business, and all else that comes to his notice in the capacity of commissary. He shall impose the same secrecy upon all those who act as accusers or witnesses, or who ratify their former testimony, and upon all honest persons who are present at such ratification--ordering all the said parties to observe secrecy, under pain of excommunication, and under the obligation of the oath which they took when making their depositions. The commissary, moreover, shall impose other punishments, pecuniary or corporal; and shall enlarge on the gravity of the sin committed in the disclosure of a secret by a witness, with this warning, that the Inquisition punishes from the standpoint of example, and according to the character of the person and the nature of the transaction. On account of the great distance, [to Manila] [39] it is fitting to make this provision, that whenever any person who shall incur excommunication for having disclosed a secret shall come, of his own free will, to ask for absolution, therefore with the confession of his guilt the commissary shall absolve him, and impose upon him some secret spiritual penance, such as will entail no stigma or infamy. The commissary shall submit his own denunciation to the Holy Office, without making further investigations concerning the matter except in serious cases. But should the disclosure of a secret result in any marked injury or bring dishonor to a person, in such an event further information is required, in order that in either case the Holy Office may, after due examination, justly dispose of the matter as is fitting, although no change will result for the absolved person.

4. Special care must be taken to warn bishops, vicars-general [_provisores_], visitors, and vicars, that they are not allowed to mention crimes of heresy or the like in their public letters and proclamations during visit; for his Holiness has referred and submitted such cases to the most illustrious inquisitor-general and the inquisitors appointed by him in all the kingdoms and seigniories of his Majesty. Therefore they shall try these cases _privatim_, which other judges can neither try, nor undertake to investigate, nor otherwise handle. Since in visitations crimes often come to light which must be tried by the Holy Office, warning must be given that these should be submitted to the Inquisition, with all secrecy and without the knowledge of the guilty party. The same must be done in suppressing the titles of vicars, in annulling the head of processes and charges made by the bishops, and in suppressing the title of inquisitor-inordinary; for in these regions the jurisdiction over the crime of heresy is wholly apostolic, except in case of the Indians. If any doubt, contention, or difficulty regarding the execution of this clause should arise, the commissary, without further inquiry, shall promptly notify us that he has warned, in especially polite and respectful language, the prelate concerned, to whom he must show much reverence--for the reverential respect which is due him should not be in the least abated by the privilege of the commissary's office.

5. It sometimes happens that certain ecclesiastical or lay judges take up matters belonging to the Holy Office, and make judicial inquiries therein. The question whether they should forbear from investigation of such cases, and submit them to others, has caused differences to arise between them and the commissaries, and has made them set forth most weighty arguments. Since the main care shall be to prevent such clash of authorities, in order to avoid this it is enough to bid them not to meddle in such matters. But if they persist in doing so it will be necessary to send them an injunction, couched in very respectful terms, drawn up in writing before a notary; to note their answers; and then to report everything to the Holy Office.

6. In cases of disobedience, disrespect, hindrance, and obstruction to the free and just exercise of the Holy Office, which also are wont to occur, the commissary shall be careful not to lose his temper, or to give way to words or deeds injurious and offensive to any person; on the contrary, that is the time for him to control himself and show great moderation. He shall make a diligent and full inquiry from other persons regarding the whole case, and shall notify us through his report; in this way any disobedience or disrespect on the part of a judge or a private person will be punished with greater rigor and justification. The delay which is apparent in this case might seem injurious, but it will not be so--as it is not in the transactions of the Inquisition; for, after men have slept soundly, they are awakened by a very exemplary punishment.

7. Denunciations regarding the matters contained in the edict shall be received in the commissary's own house, in a suitable, secret, and convenient place. They shall always be made by day, unless it should be necessary to receive them by night. The persons who come for this purpose must be treated with kindness, each according to his station in life. Every sort of infamy upon the party concerned must be avoided as much as possible.

8. In receiving denunciations there shall be no delay, but rather great care and diligence, as likewise in examining the evidence, following and keeping within the bounds of the injunctions laid down in the instructions which are especially sent for that purpose. The same and even greater care, and much attention, are required in forwarding depositions.

9. Since it often happens that some of the witnesses are out of the city, and therefore depositions must be taken in different places, let the case in question decide the course of procedure, whether or not the commissary shall order the witness to appear before him. Usually there is no need to cause the witnesses the trouble of coming a long distance, when the investigation can be entrusted to the parish priest [_cura_] or vicar of the place, the notary making certification at the head of the authorization therefor given to him by this clause. A case may arise where it is best to wait for the witness, and it may be desirable to hold him, in order to examine him personally; this is left to the commissary's choice, for, having the case before him, he can decide what is best to do. If any one be summoned on the affairs of the Holy Office and shall not render due obedience, a written order must be sent to him, imposing upon him the penalty of excommunication and a fine in money, should he disobey. A report of all proceedings in each individual case shall be made, so that the disobedient person may receive exemplary punishment, according to his station in life and the nature of his disobedience.

10. Some are accustomed to send their denunciations through memorials, with or without their signatures, or by letters-missive; but, since these persons write them under no pressure or oath, and without the presence of a judge or a notary, they expand their accusations to the detriment of their neighbor's reputation. Therefore the commissary ought to avoid as much as possible the acceptance of such letters and memorials, and shall order the witnesses to declare under oath what they know of the matter, in order to free their consciences, and shall examine them concerning the facts. If the acceptance of such a letter cannot be avoided, the person who writes it should be summoned and made to acknowledge it under oath before a notary, after which he should be examined about the letter. If the letter be written from a distant place, the rule in the preceding clause can be followed.

11. Likewise some persons, moved by passion more than by commendable zeal, are wont to denounce others on the ground that they are _confessos_, and therefore not entitled to wear silk, carry weapons, ride on horseback, or do other things forbidden to them by laws and royal ordinances of these realms, as well as by the instructions of the Holy Office, as likewise is set forth in the edict. In these cases one ought to be careful not to accept such depositions except from children and grand-children of _relaxados_, or from children of a relaxada, [40] or from persons who themselves have been reconciled to the Church [_reconciliados_]. The commissary may receive denunciations from these three classes of persons, and send them to the Holy Office, without making any arrest, issuing interdicts, or taking other steps. On the contrary he will maintain great secrecy, and charge the witnesses to do the same. As for other persons denounced as confessos, since they are not in the said class, nothing will be written. On the contrary, the same secrecy will be imposed upon the witnesses and they shall be very kindly admonished to be silent, and not to slander their neighbors, informing them that the Holy Office will take no offense at what they have testified.

12. The heading of the charge made against any person must begin with the words of the first witness, and not, as is customary with ordinary judges in these regions, the formula, that "it has come to his notice," etc.--inserting first what he has heard concerning the crime from any witness. When the commissary receives documents of many clauses from this Holy Office for the investigation of different matters and against many persons, he will place as introduction to the inquiry that he makes in each case that clause of the document which applies to the matter in question, legalized by the notary.

13. Any arrest made by the Holy Office is a matter of much reproach and dishonor for that person, and of no less damage and injury to his property; therefore an arrest should be made with prudence, care, and for just cause. Authority for this is not given to the commissary, who neither should nor can arrest a person except in special cases, and by a special order entrusted to him against the person who is to be arrested; and even then, the commissary must see that the purport of the said order be executed, without exceeding it.

14. The crime of bigamy is very frequent in this country, so that it behooves all commissaries to make diligent inquiry concerning it, and to punish the crime. If the ecclesiastical or secular court arrest any one for this crime and proceed against him, let them administer justice freely and without hindrance. If they refer the case to the commissary without charge, and without his making any effort for such remission, the latter shall say that it is very well, and that they may refer and send the case to this Holy Office at their own expense--or at that of the prisoner, if he be well-to-do. If they still urge him to receive the case there, that it may be sent by the order and at the expense of the Holy Office, the commissary shall answer that he has no orders from us for such action. If, dissatisfied with this answer, they ask permission to inflict punishment there, he will answer that they may investigate the matter, and may do justice according to law. After that he will allow no more arguments on the question.

15. This clause applies when the said courts have anticipated the case by the arrest of the accused person; for if the latter were free, and through information received from witnesses his two marriages were proved, and the existence of the first wife at the time of the second marriage, which constitutes the crime, the commissary shall arrest and remand to prison the person thus proved guilty--sending with the prisoner the information or original record, but retaining there an authenticated copy of it. Concerning other cases of bigamy, which do not show the same degree of guilt, it will suffice to send authenticated copies of such records or depositions as are received, and to keep the originals. Special information must be sent concerning the prudence of the accused, his station in life, and his wealth; so that after due examination the necessary measures may be taken. If he should come to this country [Mexico], the commissary must give us notice of his coming, so that the Holy Office may hear of it by the first despatches which shall reach Mexico. He shall also write to the commissary who resides at the port of Acapulco, that any attempted absence or flight may be prevented.

16. Concerning the other crimes enumerated in the general edict, after the denunciation has been received and the witnesses have been examined, according to the order laid down in the instructions, it will suffice to send such information without making any arrest or taking other steps. The commissary shall also send information concerning the person's birth-place, station in life, means, and the real estate that he owns in this country, or in España. He shall notify us, in case such person comes here, so that we may deal with him as the nature of his offense demands.

17. As for the judicial proceedings in matters which concern the Holy Office--whether they be settled, or informal, or pending official transactions--which other courts submit to the Holy Office, whether at the instance of the attorney-general or by agreement, all original documents must be delivered, without retaining a copy of any; oath to this effect will be made by the apostolic notary or by the royal scrivener who hands them over. Since suits which do not belong to the Holy Office are sometimes thus handed over, the commissary shall, on account of the danger that they may be lost at sea, not send documents until he shall first examine them. If they clearly prove to be cases not belonging to the Inquisition, he shall return them to the owners. In case of doubt, the commissary shall send an account of the offense, with the evidence, and the status of the process--saying whether it is decided or pending, and whether informal or received on trial; he will also report as to the rank of the accused person, and whether at the time any arrest has been made, or will be made in the future. Ordinarily, whether the case be one of bigamy or of some other crime, the commissary shall proceed as stated in the two preceding clauses. If he should not be sent as prisoner, it will not be right to do so until his offense be investigated here; accordingly the commissary may discharge him under bail or under juratory security. [41] If the accused is unable to provide security, the commissary shall command him not to leave the city, town, or province where the crime occurred and where he owns property, under severe penalties of excommunication, and pecuniary or bodily punishments, suitable to the person's station. If such person wishes to come to this country, he can do so by offering the same bail or security to the Holy Office; but he must first be warned not to make the journey if other matters render such a step unsuitable. He shall be assured that in his absence his trial and his honor will receive the same attention as if he were present.

18. When any arrest must be made according to these instructions, it must, for any case of bigamy, be made according to clause fifteen. The commissary shall issue orders entrusting the matter, as is customary, to some one of the familiars whom he has to keep in the city. Until he has familiars, for lack of them he shall entrust it to the person on whom he has most reliance, and in whose integrity he most confides. When it is necessary, but only then, he may ask for the aid of the royal officials of justice. Whenever this shall be necessary, the royal officials may seize only the person pointed out to them by the Holy Office; and they must assist him, giving their favor and aid only for such person. In order to obtain this help, the commissary needs only to ask for it in polite terms; and it may be demanded without the necessity of giving information, either written or oral, regarding the offense--and, indeed, he shall be very careful not to do so. On the contrary, if anyone should be so inconsiderate as to ask for such information, let the commissary send us a detailed account of what takes place in the matter.

19. Royal magistrates are under obligation to render this assistance, since the request therefor does not require from them any fees, alguacil, or scrivener. The magistrates are also under obligation to receive and keep any prisoner in their jails, to take good care of him, and to account for him, but without exacting therefor any prison-fees. Accordingly the commissary will, when occasion arises, notify the magistrates and request their assistance; and if necessary he will command it, under pain of excommunication and a money fine. Thus he will not be obliged to find another and special prison, and incur the expense of guards. If the rank of the person, and the condition of the prison, and the nature of the crime require a more special and secret prison, on account of the danger that the prisoner may be able to communicate his affairs to other persons, such arrangements are left to the judgment of the commissary, who is charged to see that in these arrests little outcry be made, and that all scandal be avoided.

20. When the criminal is arrested, the commissary shall send him by the first available ship, registering him as being in the shipmaster's charge--commanding the latter (under penalty, if necessary), to take good care of the prisoner until he shall be handed over, at the port of Acapulco, to the commissary who dwells there, who is duly authorized to act. If the prisoner be well-to-do, the commissary shall send at least one hundred pesos' worth of his property, in order to pay for the food that he needs during his imprisonment, and to meet the expenses that he may incur during the journey; otherwise, the commissary shall send whatever sum be may obtain from the property. Since these men who are twice married are not a very dangerous class of people, the commissary may in a case of flight exercise leniency, by allowing them to come and present themselves under a sufficient security, corresponding to their station and means.

21. A sequestration of property is very injurious to a person, especially in the Indias, where all the value of property depends upon its management. The commissary ought not therefore, in any case, to do this; on the contrary, the arrested person shall permit suitable provision for his property, according to his own preference, entrusting it by means of an inventory to some person in whom he has confidence. The latter shall bind himself, in due form, to be the depositary of such goods as the prisoner may leave in his charge on account of his arrest; and in such manner that it may not seem to be a deposit or a sequestration by the Holy Office, but simply a contract between two parties. This accomplished, the commissary shall obtain very minute information about the station of the prisoner, his mode of life, and the means and property that he may possess. If he has any reason to suspect that either the prisoner or the person to whom he has entrusted his property on account of the arrest, is endeavoring to hide, or squander, or alienate the property, he shall be careful not to allow such alienation or any other mismanagement of the property; until the Holy Office, having examined his offense, shall make suitable provision for a legal sequestration: for in punishing a crime, the property of the guilty person is always regarded as an accessory element, to be used in behalf of the person to whom it shall belong after the culprit is released from prison.

22. Money for the prisoner's food, for the expenses of his journey, according to his station, and for his bedding and clothes, must be taken entirely from his estates; and if he has none, let such of his goods be sold as will inflict least damage upon him, to the amount necessary, at a public auction before a notary or a royal scrivener. No officer or agent of the Holy Office shall take anything from the said sale, either personally or through agents--a command which is general in all cases when goods are sold by the Holy Office, whether they are sequestrated or not. To better ascertain which of the goods would cause him least damage, it will be advisable to consult the opinion and desire of the interested party.

23. All that has been said thus far concerning the acceptance of denunciations, and the reference of cases, prisoners, and proceedings to the Holy Office, does not apply to the Indians--against whom the commissary shall not proceed for the present, but shall leave them to the jurisdiction of the ordinary. [42] Cases involving them are not to be referred to us. All other cases, in which mestizos, mulattoes, and Spaniards, of all classes, are involved, shall be tried exclusively by the Holy Office rather than by the ordinary courts, as specified in the fourth clause of these instructions.

24. The Holy Office is wont to issue edicts--as, for instance, the general edict concerning matters of the faith, and other specific ones--for the prohibition and seizure of certain books. The public reading of these edicts is of the utmost importance, having the force of a notarial summons. It always takes place in the cathedral church, where the people are commanded several days beforehand to meet, under pain of excommunication. The sermon is assigned to the most learned preacher of reputation and authority, who preaches it elsewhere, on that same day; notice is therefore given to the monasteries and to all concerned. The Holy Office shall appoint both the preacher and the day, although it is best to make arrangements therefor with the prelate, and obtain his concurrence; for in so doing nothing is detracted from what is due to the Holy Office. Although the penalty of excommunication is imposed, it is not held to bind any except those who for petty considerations neglect to heed it. In denouncing their guilt the commissary shall absolve them, imposing upon them only some secret spiritual penances and not any pecuniary or ignominious punishment. Others who through carelessness, negligence, or ignorance, fail to appear, the commissary shall discharge with a gentle reprimand, setting at ease their consciences in regard to the excommunication.

25. The Inquisitor therein anticipating the action of any other judge is accustomed to visit all ships which arrive at the ports, no matter whence they come; therefore the commissary shall do so, if he is in a place where it can be done, and shall ask the principal officers of the ship the questions sent with these instructions. If he is unable to do so in person, he will entrust the matter to the parish priest or the vicar who resides in the port, sending him a copy of the questions to be asked. He will notify us as to the ports chiefly frequented by ships, where it will be best to keep persons with a special commission from us; and will name some of the persons to whom this commission may be given. When the commissary has succeeded in visiting the ship at its station in the harbor, the captain, master, or clerk, or some of the passengers will find it necessary to go ashore, to the city; then, while the supplies most needed are being procured, he will examine them. In all this it is very important to avoid carelessness. This is understood only of ships which belong to Spaniards and come from Nueva Spaña, Piru, or Panama, or from Portuguese India, or from other regions.

26. One of the most important reasons for inspecting the ships is the books, especially the boxes which come as cargo. The royal officials and magistrates of his Majesty who reside in the ports shall send the said boxes to the commissary of the Inquisition, without opening them or taking any books out of them. The commissary shall open them and examine the books, comparing them with the general catalogue; and after seizing such as he finds are prohibited, he will give the rest to the owners To this end the commissary shall make known to the royal officials of the city, and to those who reside in the ports, the ordinance which accompanies this paper; and this applies even when the said boxes of books have been previously examined by another inquisitor.

27. Whenever a ship departs from the islands, the commissary must send replies to the letters which are written to him, and information of what is occurring there.

28. Finally, we recommend the examination of these instructions--which, although so full in their provision for all contingencies, properly apply to ordinary occurrences, with a few clauses for which provision had already been made. The most difficult task, therefore, will be to examine them carefully at first, and to bear in mind that any doubtful cases are to be decided by the commissary as shall be necessary, since he is so far away [from Mexico]. With this, and the confidence that we place in him personally and in his prudence and great zeal, we trust that the commissary will meet all success.

Given at Mexico, March first, one thousand five hundred and eighty-three. The licentiate _Bonilla_ The licentiate _Santos Garcia_

By order of the Inquisitors: _Pedro de Los Rios_

FOUNDATION OF THE AUDIENCIA OF MANILA

Don Phelipe, by the grace of God, king of Castile, of Leon, of Aragon, of the two Sicilias, of Ihm, of Portugal, of Navarra, of Granada, of Toledo, of Valencia, of Galicia, of Mallorcas, of Sevilla, of Cerdeña, of Cordoba, of Corcega, of Murcia, of Jaen, of the Algarves, of Algeçira, of Gibraltar, of the islands of Canaria, of the eastern and western Yndias islands, and the Tierra Firme of the great ocean; archduke of Austria; duke of Bergoña, of Brabante, and Milan; count of Absburg, of Flandes, of Tirol, and of Barcelona; lord of Vizcaya and of Molina; etc. Whereas, in the interests of good government and the administration of our justice, we have accorded the establishment in the city of Manila of the island of Luçon of one of our royal audiencias and chancillerias, [43] in which there shall be a president, three auditors, a fiscal, and the necessary officials; and whereas we have granted that this Audiencia shall have the same authority and preeminence as each one of our royal audiencias which sit in the town of Valladolid and the city of Granada of these our realms, and the other audiencias in our Yndias: now therefore we order to be made and sent to the said island our royal seal, with which are to be sealed our decisions which are made and issued by the said president and auditors in the said Audiencia. Moreover, as to the course of procedure which they are to follow in the performance of their duties, we have ordered certain rules to be drawn up, as follows:

_House of Audiencia_

1. First, we ordain and command that in the said city of Manila there shall be a house of Audiencia, where may sit and reside our said president and auditors, and where our royal seal and register may be kept, and in which shall be the prison and its warden, and the smelter for precious metals. If there should, however, be no accommodation for living in the said house, the auditors shall lodge in other houses, which they shall occupy with the consent of their owners, paying them rent; and the Audiencia shall be held in the house where the president dwells, and therein shall be the prison and its warden.

2. It is our will and desire that the said Audiencia shall have as its district the said island of Luçon and the other Filipinas islands of the archipelago of China, and the mainland of the same, whether discovered or yet to be discovered.

_Jurisdiction of the President and Auditors in Civil and Criminal Cases_

3. We ordain and command that our aforesaid auditors shall have jurisdiction of all the civil and criminal cases which come to our said Audiencia on appeal from the governors, alcaldes-mayor, and other magistrates of the provinces and islands and district subject to our aforesaid Audiencia, and shall try them by examination and review, but shall not have jurisdiction of any case in the first instance--except it be in cases which belong to a superior court [44] or criminal cases which arise in the city, town, or towns where they may sit, or within five leagues thereof; and in the civil cases arising in the town or village where they may sit, the alcaldes-in-ordinary shall have jurisdiction.

4. _Item_: We ordain that our said judges try such civil and criminal cases in the same manner in which they would be tried by the judges and alcaldes of our audiencias of Valladolid and Granada, and that they may and shall render decisions according to the precedents of the alcaldes of our audiencias of Valladolid and Granada.

5. _Item_: We command that the governors, alcaldes-mayor, and other magistrates of the said district shall authorize appeals to be made from them to our aforesaid Audiencia in the cases in which rightly and in conformity with these rules it may have jurisdiction, except those which must go to the councils for settlement in conformity with the decree made by us, and excepting further the cases involving less than a certain sum in which by special decrees appeals from the alcaldes-in-ordinary must go before the governors--which cases we wish to remain as they are during our pleasure.

6. _Item_: In the civil cases in which judgments are pronounced after examination and review by our said president and auditors, they are to be executed without any further appeal or petition, or other recourse, except when the case involves so large an amount that there may be ground for a further appeal to our royal person, in conformity with the provision and decree of our laws and ordinances. In such cases we desire that the privilege of appeal be given, under the condition that the party who makes a second appeal must and do present himself before us within a year after the original judgment has been communicated to his attorney. Yet we desire and command that the judgment of revision be executed notwithstanding such second appeal, the party in whose favor the judgment was rendered giving first sufficient and satisfactory bond that, if it shall be reversed, he will restore everything which has been adjudged and given to him thereby, in conformity with the judgment which has been pronounced by the persons appointed by us. We also ordain that the cases which shall come up on such second appeal must be presented as original cases before our council of the Yndias, being left just as they were; but an official report of the entire case is to be left in the possession of a clerk of the Audiencia before which it has been tried, and the parties must petition for such appeals before the Audiencia itself. Yet if the judgment of revision which is pronounced in our said audiencias be with regard to possession, we declare and order that no opportunity is to be given for such second appeal unless the judgment of revision is carried out, although it be contrary to that of the original trial.

7. _Item_: In the hearing and judging of said cases, either civil or criminal, the decision shall be whatever meets the approval of the majority; and should they be equally divided, two or three of the judges shall choose, impartially and in whatever manner may seem best to them, an advocate for the determination of the case upon which they have disagreed. The decision of the majority must be executed, even if this majority consist of but two. If there be but two judges in the Audiencia, they are empowered to try and determine all the said cases alone; if they can agree, their decision is valid, and in case of disagreement, they shall choose judges in the manner above described. If at any time there should be but one judge in the Audiencia, he is empowered alone to conduct the proceedings in all the said cases up to the point of rendering final decision. He may make investigations and issue orders for arrest, and when the affair is submitted for final decision, he may choose an assistant judge satisfactory to him. He is empowered to pursue this same course in cases of damage which cannot be repaired by definite sentence; and in a civil case of two hundred pesos or less, he is empowered to conduct alone an original trial or an appeal, as he may also do in criminal suits for slander.

8. _Item_: We ordain and command with regard to civil cases appealed from the alcaldes-in-ordinary of the city where the Audiencia may be, or from the other magistrates within five leagues thereof, that they may be appealed before the Audiencia; and if the judgment given by the Audiencia in said cases be of two hundred pesos of the mines [_pesos de minas_] or less, it shall be executed as if it were granted after review, and there shall be no appeal therefrom, whether the said judgment be in confirmation or in revocation.

9. [Technical directions for procedure in a case on appeal when the appellant desires, after appeal, to add to the evidence taken at the trial of first instance. Affidavits are presented on both sides before the judge of first instance, an interlocutory decision is pronounced, time is allowed for filing objections, and the record of the second series of proceedings is added to that of the first.] [45]

10. _Item_: Whoever shall bring before our Audiencia a case on appeal may appear before the clerk whom he chooses. The clerk before whom he appears shall be required to notify our president and auditors of such appearance, that they may assign the case so as to produce equality among the clerks; and the same shall be maintained among the suits begun in the first instance in our said Audiencia.

11. _Item_: We command that the judgments pronounced by our said president and auditors for the region beyond the five-league limit, and writs of execution and other writs, shall be given in our name and with our title, royal seal, and record. Writs with seal and record shall receive the fees which by our royal tariffs of fees for our Audiencia have been commanded for them. The judgments pronounced for the region within the five-league limit shall follow the form of orders without seal or record, issued by our auditors, etc. And these writs shall be obeyed and executed in the same manner as writs and judgments sealed with our name and royal seal.

12. _Item_: Our president shall keep a record of votes, which he shall swear to keep secret, and in which he shall enter, in brief form, the opinions of himself and the auditors in all cases involving a hundred thousand maravedis and upwards.

13. _Item_: We will that our auditors repeal no sentence of banishment, nor allow writs of delay for debts; yet we permit them to issue writs of delay for six months to particular persons, and not in general--provided first that such person for legitimate causes which have intervened is unable to pay; and that he offers approved security, not clerical or noble, [46] that at the end of six months he will pay the debt. This term may be allowed for the same debt only once.

14. _Item_: We ordain that the appeals taken from decisions for plaintiff or defendant in pecuniary suits, and in suits involving only private interests, when said decisions are pronounced by those who report to the governors and corregidors of the district of our said Audiencia, shall go before it; but as for all other matters heard by such judges, and as for the results of secret investigation, they shall go before our council of the Yndias.

15. _Item_: Our Audiencia shall appoint no judge in cases of residencia [_juez de residencia_], or governors for the provinces subject to their jurisdiction, or judges for special criminal investigations [_pesquisidores_]. If any individual bring complaint or charges against the governor, and the Audiencia shall see that the matter is of such nature that it is of importance to know the truth concerning it, in such case they shall send one person to obtain the necessary information. The complainant or accuser must give bonds that he will pay the costs and the penalty which will be assessed against him in case the accusation proves false. In other cases special judges of investigation shall not make inquisitions, except with regard to riots and seditious associations, or other matters of so pressing importance that the delay requisite for consulting us would produce notable inconvenience.

16. In cases which occur outside of the five-league limit, our president and auditors may appoint judges by commission [_jueçes de comision_], to hear the cases and to administer justice with regard to them. Care must be taken that they make their inquiries in cases which warrant inquiry, and in no others. Such judges by commission for crimes and misdemeanors shall be given authority only to carry on a legal inquiry [_informacion_], and to arrest the delinquents and convey them to the prison of the Audiencia. They may also collect their fees from those who owe them. The clerks before whom the cases are carried on shall hand the records in their entirety to the clerks of the Audiencia, where the matter shall be completed in such manner that the parties shall be obliged to pay only single fees. And if the clerks who attend such commissions have no commissioners [_receptores_], they shall be appointed by our Audiencia, and not by the clerks thereof.

17. _Item_: We command that the receiving of the testimony which must be taken in the transactions which proceed from our Audiencia shall be entrusted to the clerks of those cities where it shall need to be done. If there are no such clerks, our said Audiencia in the interim during which there are no official commissioners of examination [_receptores_] [47] shall appoint therefor a suitable person.

18. _Item_: Our auditors in the exercise of civil and criminal jurisdiction shall receive no fees, or fines, or amercements, or anything under color of charges for sitting as assessors to the judges. The fines which they lay in cases where the law assigns any fine to the judge shall be for our exchequer and treasury, and for no other person. If the auditors take any of the aforesaid payments, they shall restore them fourfold.

19. _Item_: We command that when any governors, alcaldes-mayor, or other magistrates of the district of our said Audiencia, shall fail to execute the writs and decrees which in our name the Audiencia shall send them, without showing that they have just cause to desist from the execution thereof, then in such case the Audiencia may send officials whose fees shall be at the cost of those guilty of disobedience, which officials shall cause the process of the Audiencia to be executed, notwithstanding the provision that the Audiencia shall not send out special judges of investigation [_pesquisidores_].

20. _Item_: Our Audiencia shall maintain those who have letters-patent of nobility or privileges of gentility in the said letters-patent and privileges. In other cases where claims of gentle birth are put forward, they shall not try them, but remit them to the audiencias of these kingdoms which have jurisdiction in such matters.

21. _Item_: We command that our president and auditors shall have no authority to grant permission to go to the provinces of Peru.

22. _Item_: We ordain and command that all criminal cases which shall come for judgment, from all parts of their jurisdiction, before our said Audiencia, of whatsoever nature or importance they may be, shall be tried, decided, and determined as on examination and review before our said Audiencia. The sentence accordingly given shall be executed and carried into effect duly, without process of appeal, petition, or any other legal remedy or recourse.

23. _Item_: We ordain that no one shall appear at the prison of our Audiencia as an attorney, even though he have special power of attorney therefor, unless he have information that his client is confined in the prison, and shall swear that the judge who shall be trying the case is distrusted by him with just cause. In such case our auditors shall direct the judge to send them a signed transcript of the record, in order that, after the transcript has been submitted, if it shall appear that they should try the case, they may direct the transfer of the record to the Audiencia. In such case they shall grant the party a writ forbidding the judge to proceed further with the case; and the prisoner shall appear at his own expense, providing good security. Before the auditors have examined the record, they shall grant no writ of injunction, temporary or perpetual. If, however, the prisoner shall have appeared in person, and shall find that he has a right to a trial in the Audiencia, and to a writ of injunction against the judge who claims the right to try the case of to summon the parties to appear to the charges, let them give the writ. Meanwhile the prisoner shall be confined in the prison, and shall not be admitted to bail until by means of the record the nature of the charge is made evident in conformity with the laws of these realms which govern in such cases.

24. _Item_: We ordain and command that our president and auditors and the ordinary magistrates of our said Yndias, where there shall be a mint, shall have jurisdiction over all crimes of falsification of money committed by the moneyers although they be committed within the mint. Accordingly, they may call the case before them, unless the alcaldes of the said mint have anticipated them and begun to try it. Likewise, our said president and auditors, with respect to the mints in their jurisdiction, may appoint a person to report to the alcaldes and officials of the said mints.

25. _Item_: We command that on Saturday of every week two auditors in rotation, as the president shall assign them, shall inspect the prisons of the Audiencia and of the town where the Audiencia may be. There shall be present at the inspection the alcaldes, alguazils, and clerks of the prisons, and our fiscal attorney. At the inspection of the prison of the town or city the alcaldes-in-ordinary thereof shall be seated near the auditors.

26. _Item_: We command that the president and auditors of our Audiencia shall be present on every day that is not a holiday, in the court-rooms, to hear the statement of cases [_relaciones_]--three hours on the days when cases are not heard [_no de audiencia_] and four hours on days when hearings are given [_de audiencia_], according to the rules of our audiencias of Valladolid and Granada. He who is absent without sending a sufficient excuse shall be fined half his pay for that day, by the person whom the president shall appoint, whose report in the matter shall receive faith and credit, so that no auditor shall hold or try the said cases in his own house without being joined with all the others, as has been said with regard to the said Audiencia, to hear and determine pleas and matters brought before it.

27. _Item_: No auditor shall sit when a suit is begun that will affect him, his sons, fathers, sons-in-law, or brothers, or when he shall be challenged. As regards the penalty for challenging our president and auditors, the ordinances of Madrid shall be followed, the fine contained therein being doubled.

28. _Item_: Our president and auditors shall have no authority to bring before our Audiencia in the first instance any suit of their own, of their wives, or of their children. The said suits shall be tried by the alcaldes-in-ordinary, and shall come on appeal before our council of the Yndias if the case involves a thousand pesos or upwards. If the other party to the suit desires to appeal to our Audiencia and not to the council, he may do so; but the auditor, his wife, and his children shall have no such right of choice.

29. Further: The said auditors shall not appear for others in the said Audiencia or in any other, nor shall they undertake to arbitrate cases that may come before them, except that cases already begun may be submitted to all the auditors of the Audiencia for arbitration, and except where our permission may be given--under penalty of being suspended from the Audiencia for thirty days and losing salary for two months.

30. Our said president and auditors shall have no share with an advocate or commissioner [_receptor_] in his fees or salary. Nor shall they have the right to receive anything but food from any corporation or individual, or other person, who shall have been interested in a suit within a year previous, or who shall expect to be so interested, and the same as to their wives and children--under the penalty for forswearing, besides loss of office, being rendered incapable of holding any other office, and being required to pay double for what they have taken. They shall take great care not to converse much or be very familiar with advocates or attorneys who are pleading cases.

31. _Item_: We command that our president and auditors shall not be engaged in military expeditions, or expeditions of discovery, without my express command. They shall have no income-bearing estates [_granjerias_] either in cattle or in arable land, or in mines. They shall carry on no mercantile business by themselves, or in partnership, or through intermediaries; nor shall they avail themselves of the services of Indians in procuring water or wood or grass, or for other purposes on pain of being deprived of their offices.

32. _Item_: There shall be appointed to no position as corregidor or other officer of justice the son, brother, father-in-law, son-in-law, or brother-in-law of any president, auditor, or fiscal of our audiencias; and if any one shall be so appointed he shall not perform the duties of the office, under a penalty of a thousand pesos of gold for our treasury.

33. _Item_: We command that when any person desires to bring any suit or action against any of our auditors he may do so before our said Audiencia, or before the alcaldes-in-ordinary, and he may appeal from the said alcaldes to the said Audiencia.

34. _Item_: We ordain that when any auditor is offered as a witness the Audiencia shall appoint a magistrate, in order that the rights of the parties may not be lost for want of evidence; and they shall give direction that he is to give his testimony, unless it shall appear that he is offered as a witness maliciously to prevent him from acting as judge in the case.

35. _Item_: We command that an auditor who goes on a tour of inspection shall receive no more fees than are ordained and commanded to be given him, and shall accept nothing from Indians or Spaniards except food, on penalty of repaying it fourfold.

36. _Item_: We command that our president of the said Audiencia shall try criminal charges against the auditors thereof jointly with the alcaldes-in-ordinary, notwithstanding the ordinance to the contrary.

37. Further, in case of inability of the president of the said Audiencia of such nature that he cannot carry on the functions of government, the Audiencia itself shall assume the government and do all that he had authority to do--the senior auditor filling the office of president, and taking charge of the other matters committed to the president until we make provision in some other manner.

38. _Item_: We command that our said president shall not have authority to give permission to the auditors of the said Audiencia to come to these realms without our express command.

_Affairs of government_

39. _Item_: We command that in our said Audiencia there shall be a record for affairs of government, in which our auditors shall register the votes that they give on affairs of government.

40. _Item_: We command that our president of our Audiencia shall send once a year to our Council of the Yndias an extended and detailed report, attested by his signature, of the salaries, payments, fees, and allowances paid in this territory from our royal treasury to all persons whatsoever, and shall state how much was paid to each, and for what reason. And he shall give a list of the corregidorships, stating in it to whom the appointment is given by our warrant [_cedula_], and to whom by order of our president and Audiencia, and for what reason; and he shall report on the qualifications and merits of each person, the amount of fees that each one receives, the amount of salaries in each corregidor's district, and the persons appointed in each district, and their qualifications. He shall also state the nature of their service, and how long it is since they were appointed to the said offices. The same reports shall be made by our fiscal and our officials of the royal treasury.

41. _Item_: We desire that one of our auditors, each in his turn, shall make a visit of inspection once a year to the villages of the district of the said Audiencia, and to the inns and, apothecaries' shops, seeing to it that the inns shall have fixed lists of rates. The medicines and other things in the apothecaries' shops which he discovers to be spoiled he shall pour out and not permit to be sold. On the same visit to the provinces of his district he shall inform himself as to the nature of the soil, the amount of the population, and the best means of supporting the churches and monasteries required. He shall observe what public buildings arc needed for the good of the towns and the better traveling of the roads. He shall find out whether the natives perform the sacrifices and commit the idolatries to which they are accustomed, how the corregidors perform their duties, and whether the slaves that go to the mines are instructed in doctrine as they ought to be. He shall ascertain whether the Indians support themselves, or whether they are made slaves, contrary to that which is ordained. And he shall inform himself in a compendious manner with regard to everything else requiring his attention. The said auditor shall have warrant to attend to matters in which delay would be dangerous, or which are of such a nature that they do not require greater deliberation. He shall remit to the Audiencia the other cases to which he is not obliged to attend. For the acts aforesaid shall be given to the auditor the warrant of the decree dealing with inspections.

42. _Item_: We command that our said president shall grant no fee, office, corregidorship, or other source of profit by which means of support may be gained, to any man who has Indians in encomiendas.

43. _Item_: Our said president and auditors shall suffer no merchants to set upon their wares prices higher than those by us ordained and commanded.

44. Further: Whensoever the citizens and inhabitants of the district of our Audiencia shall be summoned by the said Audiencia they shall obey the summons in peace and war, as by our president and auditors shall be commanded; and they shall do and fulfil all that on our behalf they say and command, and they shall give them all aid and comfort which they desire--under penalty of infamy, and the other penalties incurred by vassals disobedient to their king and lord.

45. _Item_: Any person who desires to petition us for any favor for services not performed in our Yndias shall first make his declaration before the Audiencia in whose district he may be, and the Audiencia shall make an official report of the services performed, and of his character. This report, folded and sealed, with their opinion at the foot thereof, shall be sent in duplicate to our council, without being shown to the person interested. And if the person interested desires to make a report for himself, they shall receive and transmit it.

46. _Item_: We command that in each and every case when any towns or individuals of their district appear before our Audiencia to petition for license to make repartimientos, the Audiencia shall grant the license which seems to them due, but only so far as concerns suits pending before the said Audiencia, and for public works for which no other maintenance is provided, and for no other purpose. The said license in the aforesaid cases shall be granted, if such towns have no endowments [_propios_].

47. _Item_: When any one shall petition for an assignment of any town lots or agricultural lands in the city or town where our Audiencia shall reside, then after conference in the cabildo, notice of the judgment of the cabildo shall be given to our president, by means of two regidors deputed therefor. And when they have made their examination, that upon which the president together with the two deputies shall determine, shall be carried out, being attested by all in the presence of the clerk of the cabildo, that he may record it in the council-book. Petitions for assignments of lands and waters for machinery shall be presented before the president, who shall transmit them to the said cabildo that they may confer thereon. They shall return them by a regidor, who shall report their conclusions, so that after examination the president may determine that which is fitting.

48. _Item_: Our said president and auditors shall cause to be made a record-book in which shall be entered the names of citizens of this territory, the service performed by each one, and the reward received by him, either in money, by way of fees, or in other ways, or by appointment, and to what offices. The said record shall be kept with great care, together with the record of votes, so that when any person makes a statement of services before them they may report their opinions in his case.

49. _Item_: We command that our Audiencia, at the end of the two months during which the two regidors appointed as inspectors of weights and measures have served, shall receive from them an account of their service.

50. _Item_: We command that our Audiencia shall have authority to order the execution of the ordinances made for the provinces under their jurisdiction, after being filed by them, and during the time while they are being sent to us for confirmation.

51. _Item_: That an auditor every year by turns, beginning with the most recently appointed, shall audit the accounts rendered by the cabildo of the city where our Audiencia shall reside.

52. Further: When the president and auditors shall be about to allot the lands, waters, watering-places for cattle, and pastures of any town, city, or village, among the persons who are to be settled therein, they shall do so with the counsel of the cabildos thereof, taking into consideration that in such allotments the regidors shall be preferred, provided they have no other allotments of arable lands or dwelling-lots. Let such allotments be made without prejudice to the Indians, retaining for them their arable lands, gardens, and pastures, so that all shall be cared for.

53. _Item_: We command that our president and auditors shall appoint no administrative or notarial official, or fill any other permanent office, even if it be vacant by resignation; nor shall they make such appointments in the interim before we appoint.

_Ecclesiastical cases_

54. _Item_: We ordain and command that our auditors of our Audiencia, in cases of unlawful procedure on the part of ecclesiastical judges [48] shall follow the procedure by and according to which in these our realms the audiencias of Valladolid and Granada proceed, without extending it further than is practised in our said audiencias.

55. _Item_: We command that our said Audiencia, governors, and other magistrates of their district shall ascertain and know if in those regions there are any persons who have letters of authorization or apostolic bulls to take possession of the property left by the archbishops who may die in those regions, or of the vacant bishoprics. When it is known who has them, let him cause them to be brought accordingly. First of all, let them appeal from such persons before his Holiness, nor give nor allow opportunity for them to be used in any manner, nor for possession to be taken of the said property or vacant bishoprics. They shall not do, or permit to be done, any other acts in prejudice of the rights and usages with regard to bishoprics to which we are entitled with respect to this matter, or in prejudice of the immemorial custom that possession shall not be taken. And such authorizations and bulls thus obtained you will send in their entirety, in the first ships, to be presented before the members of our Council of the Yndias, together with the appeals which shall have been taken with regard to the matter.

56. _Item_: When there shall be doubt with regard to the signification of anything in the contents of an ecclesiastical appointment, or as to the requisite collation at the hands of the bishops of benefices for the clergy whom we present, let the president of the Audiencia decide it.

57. And when in our said Audiencia the aid of the secular arm is asked for by the prelates and ecclesiastical judges, let them plead by way of petition and not of demand.

58. _Item_: Our Audiencia and the other magistrates of our said district shall see to it that in the towns which are not populated by Spaniards no bulls shall be published. They shall not permit Indians to be compelled to hear the preaching of them, or to receive them. Those which are published from the pulpit shall be published in the Spanish language. We also give the same command to the commissaries of the holy crusade. [49]

_Royal treasury and its officials_

59. _Item_: We also ordain that the suits of our royal treasury be examined and decided before any others that shall be before the Audiencia; and that our fiscal shall take care to prosecute them, and to report to us what is done therein.

60. _Item_: Our president with two auditors at the beginning of each year shall audit the reports of the officials in charge of our royal treasury for the previous year; and the said officials shall finish them within the months of January and February. When they are completed they shall send a transcript thereof to our Council of the Yndias. We also command that at the end of the said two months, if the said accounts are not completed, the officials of our royal treasury shall receive no salary until they finish them; and each of the auditors who shall thus be ready to receive the said accounts shall have as a fee twenty-five thousand maravedis.

61. _Item_: The judicial settlement [_remate_] made with regard to auctions by our royal treasury must not be made without the consent of the majority of those appointed therefor, even when the auditor who shall be present desires it. Further, at such sales and settlements shall be present our fiscal with said officials, who shall sell nothing in his absence.

62. _Item_: We command that at the time when the auditing of the accounts of our royal exchequer by our president and auditors shall begin, in conformity with the decree given thereon, they shall go first of all to our royal treasury and weigh and count the gold and silver and the other things therein. They shall make a record thereof, and immediately begin the accounts; and when they are completed the balance shall be collected within the time required by the said decree, and shall be placed in the chest of the three keys, orders being given that the balance of the preceding year shall not be made up by the collections received during the auditing of the accounts.

63. _Item_: When the officials of our royal exchequer shall have need of absenting themselves from the city where they reside, they shall not have authority to do so without license from our president, who shall give it for a short time, to a destination within those regions, and no more. There shall be designated, in the place of the official on leave, a person suitable therefor in the judgment of the said president. And if the said official absents himself in any other manner he shall lose his position.

64. Further: At the time of the making up of the accounts of the tithes, for distribution according to the ecclesiastical appointments, there shall be present thereat an auditor.

65. _Item_: We command that no salary be paid from our royal exchequer, or from fines, to the judges in cases of residencia, or to criminal judges [_pesquisidores_] commissioned by our Audiencia.

66. _Item_: We desire that there shall be a record of all the suits and transactions of our royal exchequer; and that every Thursday in each week (and if that shall be a holiday, on the day before), after dinner, the senior auditor with our fiscal and the officials of our exchequer, and one of the clerks thereof, shall discuss article by article the said suits and transactions by means of the said record, considering the state in which they are and how the decisions reached at previous meetings have been carried out.

67. _Item_: We command that our president and auditors shall have no authority to direct the payment of any money from our royal exchequer, or to expend anything from it, without more express license and command--except when cases occur in which the delay required to submit them to us for consultation would cause irreparable injury. In such case, when it shall seem advisable to our president and auditors and the officials of our royal exchequer they shall expend therefrom that which they all jointly shall regard as requisite, and shall make expenditures in no other manner. The warrant which they shall give for this shall be signed by them all, on penalty that what is expended contrary to the tenor hereof shall be paid from their own property. They shall immediately report the amount thereof, the purpose and manner of the expenditure, and the necessity for which it shall have been made.

_Fines paid into the royal treasury_

68. _Item_: We command that our treasurer shall receive all fines, in whatever manner they shall be applied by our auditors, whether to our treasury, or to court rooms, or to other expenses. Our alguazil-mayor shall take charge of the enforcement of them. The amounts so received by the said treasurer shall be immediately brought before the officials of our royal exchequer, who shall deposit them in the chest of the three keys, and enter in a record everything thus collected from the said sentences. They shall keep separate the fines for the treasury and those for court rooms; and our said president and auditors shall supervise the care thereof taken by the treasurer, who shall at the end of each year, on account of the said sentences [_condenaciones_] and the receipt thereof, send to our Council of the Yndias a condensed report thereof, attested by his signature and that of the officials, and a certificate from the clerks of the said Audiencia as to the sentences given.

69. _Item_: There shall be in the possession of our president a record in which every clerk shall enter in his presence, every week, the sentences passed in presence of the said clerk, on pain of being obliged to pay them from his own property. When the president and auditors shall have need of anything, they shall give a warrant for it on our treasurer on account of those moneys collected under judicial sentences passed for similar objects.

_Probate matters_

70. Further: We command that our Audiencia shall audit the accounts of the administrators of the estates of deceased persons, and shall see if they have observed the ordinances and decrees given with regard thereto. These accounts shall be audited in the month of January, on pain of loss of salary for two months, to be taken from that due the first third of the year, unless they show that they have audited the said accounts in the said month. We command further that, for the good administration of the estates of deceased persons, our said Audiencia shall appoint each year an auditor who shall be judge of such administration, and may try the matter as if the whole Audiencia were to try it.

_Indians, and matters relating to them_

71. _Item_: Our said president and auditors shall always take great care to be informed of the crimes and abuses which shall be committed, or have been committed, against the Indians who shall be under our royal crown, or against those granted in encomiendas to other persons by the governors or private persons. The said president and auditors shall make inquiry as to the manner in which the ordinances and instructions given in regard to this matter have been and are observed, punishing the guilty with all rigor, and providing means to bring it about that the said Indians shall be better treated and shall be instructed in our holy Catholic faith, regarding them as our free vassals. This must be their chief care; it is that for which we have chiefly to hold them accountable, and that in which they are chiefly called on to serve us.

72. We command that our said president and auditors shall take great care to give no opportunity that, in the cases in which Indians shall be plaintiffs or defendants, orders shall be granted on _ex parte_ motions [_procesos ordinarios_] or that the suits shall be long continued without prompt decision. Our said auditors shall preserve the usages and customs of the Indians when they are not plainly unjust, and shall take care that the same are preserved by the inferior judges.

73. Let our said Audiencia and the bishop see to it that in every village there shall be a person appointed to give instruction in doctrine to the Indians and blacks who serve without going into the field, every day one hour; and to those who go into the field, on Sundays and feast-days. And let the Audiencia and the bishop compel their lord to bid them go and learn the doctrine.

74. _Item_: Let no judge of first instance in the district o our said Audiencia meddle with depriving the caciques [50] of their caciquedoms for accusations brought before the said judge, on pain of removal from office and a fine of fifty thousand milreis to our treasury. Let the decision of the case in dispute be reserved for our Audiencia, for the auditor who shall next inspect the said villages.

75. _Item_: When a suit is brought against Indians, the plaintiff may make his complaint before our Audiencia, in whose district they are; and an order shall there be given the parties that within three months, which may be extended to not more than six, each one shall present his testimony. After the testimony of every twelve witnesses is taken, the report shall be sent, folded and sealed, without other publication or formal conclusion of the preliminary proceedings, to our council, that it may decree justice. And our auditors, before they send the record, shall cause the parties to be cited to come and appear before the said council in pursuance of the said action, within the term assigned them, with warning that if they do not appear, the case will be decided in their absence.

76. _Item_: We command that when anyone by his own authority shall deprive another of the possession of the Indians whom he shall have, our Audiencia, prohibiting the said violence and doing justice, shall restore matters to the state in which they were before the act was done.

77. _Item_: Let the president and auditors not permit any cacique or chief to come to this country from those regions without our license.

78. Further: Our auditors, on two days in the week and Saturdays, if they have no suits of poor persons before them, shall hear cases of Indians against Indians. We command that the auditor who shall go on a journey of inspection through the country shall have power to try cases with regard to the liberty of the Indians, making report before the Audiencia. Likewise the auditor who shall inspect the prison of the Indians shall examine the witnesses by personal examination, and not by report.

79. _Item_: Our president and auditors shall appoint a judge to allot the waters to the natives for the period during which need thereof may continue, whenever it may be necessary to do so, and no one shall be permitted to molest them therein. The said judge shall come to the Audiencia to give an account of what he shall have done, and he must not come at the cost of the Indians. Our said auditors shall take great care not to send a notary to take testimony [_receptor_] for light causes, to the Indians' villages or elsewhere, except in a matter of importance, and one in which there is great advantage in sending them.

_Fiscal_

80. _Item_: We command that our fiscal attorney of the said Audiencia shall have no authority to appear as an advocate in any case; and that he shall give his whole attention to what concerns us, our exchequer [_camara_] and treasury [_fisco_]; and he shall swear accordingly before our president and auditors. He shall serve in person, except when he shall absent himself for some just cause for a short time, with the permission of our president, and with his authorization for cases prosecuted at a distance from the seat of our said Audiencia. Our said fiscal shall take great care to see whether the decrees given and the ordinances made are carried out, especially those dealing with the instruction, conversion, kind treatment, and protection of the Indians.

81. _Item_: We command that our said fiscal shall sit on the right-hand bench, taking precedence of all the advocates; and at the inspection of the royal prison he shall sit in the court-room behind the auditors; and the same at the inspection of the city prison, the judges of first instance taking precedence of him; and in all other cases he shall take the best place after the auditors and after the alguazil-mayor of the Audiencia.

82. _Item_: We command that our said fiscal shall take care to assist and favor poor Indians in the suits they are carrying on, and to see to it on their behalf that they are not oppressed, maltreated, or wronged--acting in conformity with our laws and ordinances.

83. _Item_: We ordain and command that our said fiscal shall assume the charge and conduct of the cases concerning the execution of our justice, when appeal shall be taken from the corregidors or other judges.

84. Further: We command that our said fiscal shall bring no charges without waiting for a complainant, except when the fact is notorious, or when judicial inquiry has been made.

85. _Item_: It shall be his duty to concern himself, and he shall concern himself, with notorious immorality, and with the defense of the royal authority; and to this end he shall perform all necessary legal acts.

_Alguazil-mayor and his deputies_

86. _Item_: We command that our alguazil-mayor of our Audiencia shall be maintained in all the honors and dignities which are observed in the case of the alguazils-mayor of our audiencias of Valladolid and Granada, and that he shall take the place and seat taken by our said alguazils-mayor.

87. _Item_: We command that our said alguazil-mayor shall not farm out his office; and that he and his deputies shall observe the laws that deal therewith, and the oath that they take when admitted to office.

88. _Item_: We command that our said alguazil-mayor shall have authority to remove from office his deputies and jailers whenever he sees fit, and that he shall have authority to appoint and shall appoint others again, first presenting them before the Audiencia.

89. _Item_: We ordain and command that when our Audiencia shall depute any judge or commissioner of inspection [_visitador_] who shall need to take an alguazil, he shall take the deputy designated by our alguazil-mayor therefor, and shall employ him and no other--unless in some special case the contrary shall be approved by our Audiencia, for just cause.

90. _Item_: We command that our alguazil-mayor or his deputies, whensoever they shall be directed to arrest any person, shall do so and act accordingly without delay, concealment, or negligence--under a penalty of forty pesos for every occasion on which they do the contrary, in addition to the damage and concern of the parties, and of that which has been adjudged and decreed.

91. _Item_: We command that if a malefactor be found committing a crime they may and shall arrest him without a warrant. If it shall be in the day-time, they shall take him immediately before the Audiencia stating the cause of his arrest; if at night, they shall put him in jail, and without delay on the following morning shall produce him before the Audiencia, as aforesaid. They shall not venture to take any property from the person whom they arrest, on pain of being required to repay double what they have taken, for our treasury.

92. _Item_: We command that our said alguazil-mayor shall not tolerate forbidden games of chance or notorious immoralities; and if in the performance of his duty he shall meet with resistance, let him immediately come and declare the same to the said Audiencia, and on Saturday of each week let him come and give an account and review of what he has thus done, under penalty of being required to pay four pesos for the poor of the prison in each case.

93 _Item_: The said alguazil-mayor shall present before the Audiencia the two alguazils whom he shall appoint for himself, that they may be approved by us; and they shall not perform their functions until, after being thus presented before the said Audiencia, they shall swear in due form that they will well and faithfully perform their duties, observing the laws, decrees, and ordinances dealing with the same; and that they will not promise or give, and have not promised or given, for the sake of those offices, or for the profits thereof, or for anything else, the services of themselves or their men; and that from the income and profits of the said offices they have not given or promised anything. The same oath shall be required of the alguazil-mayor who shall present them, and likewise from the substitute alguazils--under the penalty prescribed for forswearing, and of dismissal from office.

94. _Item_: We command that they shall not take gifts or gratifications from the prisoners or from others for them, or for this cause lighten imprisonments or release prisoners. And they shall not make arrests without warrant, except in _flagrante delicto_, on pain of dismissal from office, of, being incapacitated for future employment, and of being required to repay fourfold what they have thus taken, to our exchequer.

95. _Item_: Our said alguazil-mayor shall appoint no jailer without first presenting him before our Audiencia, that it may be seen whether he is fit and able, and that he may be approved by our president and auditors--on pain of losing the right to appoint for a year. And the appointment shall be made by my said president and auditors.

96. _Item_: We command that he shall have no authority to take fees for executions without the previous payment of the party in interest, under the penalty prescribed for forswearing, and the other penalties contained in the laws and ordinances dealing herewith.

97. _Item_: Our said alguazil-mayor and his deputies shall be present at the sittings of the Audiencia, under a penalty of two pesos for every day of absence, for the poor of the prison.

98. _Item_: Our said alguazil-mayor or his deputies shall be obliged to make their rounds by night, on pain of being condemned to pay the damages resulting from their fault or negligence, and four pesos for the court-room of our Audiencia, for every night when they fail to do their duty.

99. _Item_: We command our said alguazil-mayor to be present at the inspections of the prisons of our said Audiencia, under a penalty of two pesos of gold for every time of failure, for the poor thereof.

100. _Item_: We command them to do and execute that which is commanded in the ordinances made or to be made for the good administration and government of the city or town where our Audiencia sits.

101. _Item_: They shall not take weapons from those who carry them at nightfall or after candle-light, or from those who rise early to go to their labors and tillage.

102. _Item_: They shall take no fees for the executions which it shall be their duty to levy, or which they shall levy, on the property or goods adjudged, or which shall be adjudged, to our treasury.

103. _Item_: We command them not to take the money of those who are found gambling, except when they exact from them the legal fine, which they have authority to put in safe-keeping when they find them engaged in the said gambling.

104. Further: Let him take care to go by nigh and day through the public places to prevent disturbances and quarrels, on pain of suspension from his offices.

105. _Item_: Let him take no fees for executions more than once for one debt, even when the party at whose instance the execution is made allows delay or continuance to the person against whose goods the said execution is made--on pain of being compelled to pay the excess of the fees fourfold, to our exchequer.

_Clerks of the Audiencia_

107. We ordain and command that the clerks [_escribanos_] of our Audiencia shall have no authority to appoint deputy clerks, administrative or judicial, in the cities, towns, and villages of the district of the said Audiencia, nor shall they employ therein such deputies.

108. _Item_: The clerks of the said Audiencia shall be appointed by us and by no other person; and in all matters relating to the examination of witnesses they shall follow the rules of the audiencias of these our realms.

109. [Amount of fees for clerks, seal, and register must be endorsed on all documents. Penalty: two pesos to the court-room.]

110. [Official reporter's [_relator_] fees must be endorsed and shown to party. Penalty: loss thereof.]

111. [Clerks to take testimony in person. Regulations as to substitutes

## acting when clerks are prevented, and as to collection of fees.]

112. [Clerks' and notaries' records to be annually inspected by an auditor.]

113. The said clerks shall enter in one order of court all the official positions which are provided for a village [_i. e._, of Indians], and on account thereof they shall receive no excessive fees. Their fees shall be paid by the superintendents [_calpiscas_] of the villages.

114. _Item:_ No Indians shall be granted in encomiendas by repartimiento to the clerks of our said Audiencia. If they are so granted, the said clerks shall have no authority to keep them.

115-120. [Section 115 provides that appeals from the decision of the inspector of weights and measures of the city where the Audiencia sits are to be given preference. Sections 116-120 contain provisions for promptitude and accuracy in the business of recording--among others, that the pages of the record of a case shall run with serial numbers, and that notice of the number of pages and parts of pages be given to the parties. The penalty for violation of each of these sections is two pesos for the court-room of the Audiencia.]

121. [The registers must be marked with a cross at the end of each year, under a penalty of thirty pesos to the exchequer.]

122. [If there is a supply of clerks, complaints must not be made before a clerk who is brother or cousin to the plaintiff.]

123. The said clerks shall not ask or accept fees for the ecclesiastical cases conducted before the said Audiencia at the suit of the corregidors or judges of residencia, with regard to matters relating to the defence of the royal authority; or for the proceedings transacted before the said officers and the decisions rendered with regard thereto--under penalty of a fourfold fine to our exchequer; and we command that our fiscal attorney shall attend such hearings with all diligence.

124. Further: They shall not write with abbreviations, putting "A." for "Alonso" or "c" for "ciento," under a penalty of thirty pesos for our exchequer.

125-138. [These sections direct accuracy and promptitude in various kinds of cases, with penalties for negligence. They also give directions for avoiding extortionate or illegal fees. Fiscal cases are exempt, as are cases involving any royal rights. The penalties are two pesos for the court-room, for minor negligences; heavier fines for more important ones; damages to the party injured; compensation to the exchequer; a fourfold fine to the exchequer for wrongful fees; suspension or removal from office. The most important section is the following:]

131. The clerks and relators of the said Audiencia, in cases civil and criminal, shall receive the fees belonging to them, in conformity with the fee-list; and that this may be attended to and fulfilled accordingly, we command that henceforth the aforesaid and each of them shall enter on the record and documents in the case the fees that they are to receive from the parties, or from their attorneys or agents, both for the examination of the record of proceedings and the rest, stating specifically the amount that they are to receive and the items of charge. This they shall attest with their signatures, jointly with the party in interest, or his attorney or agent, who is to pay the said fees, in such manner that both shall attest that which they are thus to receive for the said record of proceedings and pleadings. If he who pays the said fees shall not be able to sign his name, let another sign for him. When the case or affair is finished, the said clerk or relator, and the party, or his attorney or agent, shall swear that they have not accepted or given more fees for that case or affair than that which is there entered and signed; and that, if they shall accept or give more, they will enter and sign it as has been said. The penalty of the first offense is a requirement to repay fourfold to our exchequer that which is taken otherwise than as herein ordained; for the second, the same penalty and dismissal from office; and if the party or the attorney shall give information that he has given moneys to the said clerk, and they shall not be endorsed as aforesaid, let him be believed on his oath as to the amount that he shall have given.

139. [Clerks and commissioners are to undertake no official investigations without signed warrant from the court. Penalty: two years' suspension and a hundred pesos for the first offense, and dismissal for the second.]

140. [More than one demand [_peticion_] in appeals is not to be accepted from either party. Penalty: two pesos.]

141. [Abbreviations or numbers in dates are not permitted, for fear of fraud. Penalty: damages of the parties and twenty pesos for the exchequer and court-rooms.]

142. [Memoranda of testimony in criminal cases must be given to the fiscal for correction. Penalty: four pesos.]

143. [Clerks in all depositions are to put questions as to age and the like, to avoid fraud. Penalty: two pesos to the court room.]

144. They shall accept no food, fowls, or other things in satisfaction of their fees, on pain of being required to repay fourfold what they thus accept, to our exchequer.

145. [No fees are to be accepted from a defendant who swears on preliminary examination that he owes nothing, in case the plaintiff does not prove his case on judicial examination. In such case, the plaintiff is to pay the fees.]

146. [Copies of decisions are to be promptly given to the party requesting it. Penalty: two pesos to the court-room.]

147. [Notice of fines and penalties must be sent to the fiscal weekly. Penalty: two pesos to the court-room.]

148. [Evidence of poor suitors is to be taken with care and promptitude.]

149. [Notifications of hearings in cases concerning small amounts are to be sent to the parties. Penalty: two pesos to the court-room.]

150. [Personal presence is required at examinations in criminal cases and the execution of sentences. Penalty: suspension from office.]

151. [Lists of fees allowed by law must be posted in their offices, as well as in the public hall of the Audiencia. Penalty: five pesos to the poor of the prison.]

152. [No fees may be taken for keeping or looking for records. Penalty: fourfold to the royal exchequer.]

153. [Copies of penalties and memoranda of fiscal cases must be sent to the fiscal every week. Penalty: six pesos to the royal exchequer.]

154. [Examinations are to be dated by the time of examination, and not by that of taking the oath. Penalty: four pesos to the exchequer.]

155. In inquisitions and examinations which they shall make they shall put thirty lines on a page, and in every line ten parts [_i.e._], words divided by spaces]; and they shall write a good hand and shall place at the foot of each inquisition or examination the fees to be received therefor, under a penalty of eight pesos to our exchequer for a violation.

156. [Fees for single documents are not to be augmented because other documents are incorporated within them. Penalty: fourfold repayment to the exchequer.]

157. [Cases affecting the treasury, in which no party appears therefor, are to be brought to the attention of the fiscal.]

158. [Fees are not to be charged to poor suitors; if the poor suitor's opponent is condemned in costs, the fees are to be paid by the poor suitor and added to the costs.]

159. [Fees for permitting an examination of records are not to be charged, unless the examination is made by the party or his representative. Fourfold penalty to the exchequer.]

160. [Copies of essential documents are to be included in the record of a case without extra fees. Penalty: twenty pesos to the court-room of our Audiencia.]

161. [Unsigned interrogatories are not to be accepted. Questions must be put only by the counselor of the Audiencia.]

162. [Cases requiring to be divided by assignment among various clerks shall not be accepted without immediate reference to the official whose duty it is to assign cases. Penalty: loss of cases for two months, and loss of the case in question.]

163. [Records and documents must not be committed to the care of any but attorneys or counselors, and to them only on their giving a receipt. Fines are imposed for delay in returning them.]

164. [No record is to be kept of a case of twenty pesos or less, and no fee of more than half a peso from each party is to be taken in such case. Fourfold penalty to the exchequer.]

165. [No fees are to be taken for a view of the records, in cases appealed from ecclesiastical courts, on the ground of violence to law [_fuerza_], if the case is referred back to those courts. Penalty: fourfold fine to the exchequer.]

166. [Fees are to be charged only for the record of such judicial acts as are actually before them, although the whole record is transmitted therewith. Previous penalty.]

167. [Charges of violation of their oath are to be preferred by the fiscal in the event of failure to attend on him with the weekly fines, or of making excessive charges.]

168. [Clerks must be present half an hour before the court convenes; and petitions must be handed in before the president and auditors take their seats in court. Penalty: two pesos of gold paid to the court-room.]

169. [They must affirm with their signatures the sentences given after review by the president and auditors, and written in a book kept in the president's room, before the third day next following. This is done so that the sentences may be known, and to avoid fraud, as the sentences are pronounced after review. Penalty: double the amount in question to the exchequer.]

170. [They must write the decisions of the court by their own hands, especially in affairs of importance, as secrets would not be safe with minor officials. Penalty: six pesos to the court-room.]

171. [The clerks of the said Audiencia or of the criminal court shall levy no fees on the cases pleaded before the said president, auditors and alcaldes, to which the fiscal attorneys are a party, even if the decision is for the said fiscals, with judgment of costs against the other party; and they shall not put them on the record, nor collect them from the condemned persons. P.: forty pesos for the chamber of this Audiencia, and payment of twice the amount collected to the exchequer.]

_Official reporters_

172-202. [These sections give directions with regard to the duties and emoluments of the reporters [_relatores_], as minute and precise as those for the clerks, with similar penalties. The following sections may be specially noticed:]

176. [Relators are not to ask for cases, but to await the assignment of the bailiffs [_porteros_].]

179. [Relators are not to buy or sell cases from one another, on pain of dismissal from office.]

189. [The words of witnesses in criminal cases are not to be reported at the public statement of the case, for they are to be seen by the auditors alone, without being entrusted to anyone else. Penalty: thirty pesos to the exchequer.]

192. [Relators and other officers are to live near the Audiencia.]

195. [No gifts may be accepted. Penalty: double the amount to the exchequer, condemnation as forsworn, and loss of office.]

_Assigners of cases_

203. [Fees of the official who distributes the cases [_repartidor_] among the clerks are to be two tomines for each case, [51] except from poor suitors and others exempt.]

_Taxing of fees and costs_

204. [Records of cases transferred to the council of the Yndias are to have their fees taxed by a special officer.]

205. [In case of complaint against the taxation, the auditor for the week shall decide.]

_Advocates_

206-214. [These sections give minute directions as to procedure, fixing the time and manner in which documents are to be presented, filed, and demanded, regulating the manner of taxing advocates' fees, and enumerating certain duties of advocates in the conduct of their cases.]

215. Counsel shall swear that they will not give their assistance in unjust causes, or counsel the parties to injustice; and that as soon as they discover that their client is not suing for justice they will abandon the case. If it shall happen that through the negligence or ignorance of the counsel, deducible from the record, the party whom he assists shall lose his right, we command that the said counsel be held to pay his client the damages resulting, together with the costs; and the judge before whom the case shall be pending shall oblige him to pay without delay.

216. [Counsel shall not dare to abandon a case once undertaken, except because of injustice. Penalty: loss of fees and damages to the client.]

217. [Counsel is not to repeat allegations in documents; documents are to be signed by known counsel; two pleas only are to be accepted.]

218. No counsel shall dare to make a bargain with his client for a part of the property to which he lays claim; [52] and, if he shall do so, he shall have no authority to act in the said office for him or for any other.

219. [Advocates are to be examined and approved by the president and auditors, and entered on the list of advocates; no one without a degree may appear in a court, except the party in his own behalf. Penalties graduated.]

220. [Advocates must use care and diligence in behalf of their clients, and conduct their cases honorably. Penalty: suspension, in the judgment of the court.]

221. _Item:_ We ordain and command that the advocate or advocates shall, in cases of first instance and on appeal, pay the parties double the damage resulting from their malice, fault, negligence, or want of skill; and that justice be done promptly in this matter.

222. [Advocates must agree as to their fees before examining the documents of the parties.]

223. [Advocates who have pleaded on one side of a case may not plead later on the other side of the same case.]

224. _Item:_ We command that the said advocates shall be obliged, at the beginning of the suit, to obtain from the party a complete report in writing of everything pertaining to his right--so that, when it shall be necessary to call for an account, if they have not, through the client's fault, done for him what they should, they may be able to prove the same, in order to take advantage thereof. This report they shall take, signed by the party in interest, or, if he cannot read, the person to whom the party shall entrust the duty.

225. [Advocates must not betray secrets, or advise both parties, and must swear to obey the laws--on pain of fines, and of being removed from the office of advocate.]

226. [Advocates are to take precedence in order of the seniority of their admission. Penalty: suspension for one year.]

227. [Irrelevant questions are forbidden. Penalty: ten pesos to court-room.]

228. They shall sign the powers of attorney of their clients; and shall not frame their interrogatories in the second instance of a case exactly as on the first hearing, or exactly opposite, under a penalty of six pesos to the court-room; and therewith shall cease the examination of the said powers and interrogatories required from our auditors, in conformity with the new laws and ordinances made by us.

229. [Bachelors may not plead or sit with the doctors and licentiates. Penalty: forty pesos to the court-room.]

230. [Clerks of advocates are not to charge clients fees. Penalty: double the fee, to the exchequer.]

_Attorneys_

231. [Attorneys must be examined and licensed by the court.]

232. [Attorneys and counselors must not agree to prosecute cases at their own expense. Penalty, fifty thousand maravedis.]

233. [The number of attorneys is to be fixed and usual.]

234. [Attorneys must enter no pleadings except for default, conclusion of preliminary process, and the like; and must sign their papers.]

235. [Attorneys must not retain money sent to pay fees and court costs, and must transmit documents to counsel within three days.]

236-241. [These articles deal with the conduct of attorneys in court, and the procedure necessary to institute actions.]

242. [Attorneys must be present to inspect the taxation of costs.]

243. [Petition for a decree is to be assigned to the next meeting of the Audiencia.]

244. Attorneys who ask for documents beyond what the interests of the parties require shall pay six pesos to the court-room, and be imprisoned at the judgment of the president and auditors. This provision shall be valid against all officials.

245. [Names of attorneys of both parties must be entered on all judicial acts and documents.]

246. [Money sent to attorneys for costs must be immediately deposited with the clerk, who shall keep a record.]

247. They shall accept no more fees than shall be regulated by our president and auditors, especially in cases where Indians are plaintiffs or defendants, under a penalty of twice the amount, for our exchequer.

248. [Of notice to parties as to testimony on second instance.]

249. [Documents must be clearly written, without erasure, and properly folded.]

250. [Attorneys may not receive gifts to protract causes.]

BIBLIOGRAPHICAL DATA

All the documents presented in this volume, except four, are obtained from the Archivo general de Indias at Sevilla, and are translated from our transcriptions of the original MSS. They are located as follows:

Peñalosa's two letters: In the patronato "Simancas-Secular; Audiencia de Filipinas; cartas y expedientes del gobernador de Filipinas vistos en el Consejo; años 1567 á 1599; est. 67, caj. 6, leg. 6."

Loarca's "Relation:" In "Simancas-Filipinas; descubrimientos, descriptiones y poblaciones de las Yslas Filipinas; años 1537 á 1565--1° hay 2°; est. 1, caj. 1, leg. 1|23." In the Real Academia de Historia, Madrid, is a copy of this document, made by Muñoz; it is somewhat modernized in spelling, capitalization, etc. A copy of Muñoz's transcription is in Lenox Library. The original MS. is without date; but internal evidence with Peñalosa's statement in his letter to the king (_Vol_. IV, p. 315), shows that Loarca wrote his account of the islands in June, 1582. In the same legajo with this document is the "Report on offices saleable;" but, as the dates show, both are misplaced here. They probably belong in the same patronato as that in which are found the next two documents.

Ribera's letter, and the instrument establishing the Audiencia of Manila: In a patronato which bears the same title as the preceding one, but covers the years 1582 to 1606. These two documents are in "est. 1, caj. 1, leg. 3|25"--the Audiencia decree being also designated as "1° 1, no. 11."

Salazar's letter of 1582: In "Simancas--Eclesiastico; Audiencia de Filipinas; cartas y expedientes del arzobispo de Manila, vistos en el Consejo; años de 1579 á 1599; est. 68, caj. 1, leg. 1."

Letter of Juan Baptista Roman: In "Simancas-Secular; Audiencia de Filipinas; cartas y expedientes de los oficiales reales de Filipinas, vistos en el Consejo; años 1564 á 1622; est. 67, caj. 6, leg. 29."

The "Instructions for the commissary of the Inquisition" is found in the Archivo general of Simancas; our translation is made from a transcription of the original MS. Its pressmark is: "Consejo de Inquisicion; libro 762, folio 170."

The Salazar "Relation" of 1583 we translate from the text given in Retana's _Archivo del bibliófilo filipino_ iii, no. 1,

The papal decrees regarding the Dominicans are obtained from Hernaez's _Colección de bulas_, i, pp. 527, 528.

NOTES

[1] This document is presented in both Spanish text and English translation.

[2] This document is presented in both Spanish text and English translation.

[3] A pretender to the Portuguese throne, who occupied it for a short period (in 1580) in the interim between Henrique's death and Felipe's accession, see _Vol_. I, pp. 355, 356.

[4] Alonso Sánchez was born at Mondejar, in 1547; and became a novice in the Jesuit order (June 18, 1565), at Alcala. In 1579, he went to Mexico; and two years later, with Bishop Salazar, to the Philippines. He was sent to Macao in 1582 to receive for Felipe II the allegiance of the Portuguese at that place. Stanley, in his edition of Morga's _Sucesos_ (p. 402) says: "The library of the Academy of History, Madrid, contains a Chinese copy of a chapa, by which the mandarins of Canton allowed a Portuguese ship to come and fetch Padre Alonso Sanchez and the dispatches from Machan (Moluccas)." In 1586 Sánchez was commissioned by the governor and Spanish inhabitants of the Philippines to go to Rome and Madrid in their behalf; documents which explain this embassy will be presented in later volumes of this series. He died at Alcala, May 27, 1593. Sommervogel cites (_Bibliothèque Comp. Jésus_, viii, col. 520, 521) various writings by Sánchez, mainly on missionary affairs, or on the relations between the Philippine colony and the crown of Spain.

[5] Thomas Candish, the English navigator, relates in picturesque style the fortunes of the Spanish settlement here referred to, "King Philips citie which the Spaniards had built." Candish halted there in January, 1587; the place was then deserted, and he named it Port Famine. It was located not far from the extreme southern point of the Patagonian mainland, at a point commanding the Strait of Magellan. Candish says: "They had contriued their Citie very well, and seated it in the best place of the Streights for wood and water: they had builded vp their Churches by themselues: they had Lawes very seuere among themselues, for they had erected a Gibet, whereon they had done execution vpon some of their company.... During the time that they were there, which was two yeeres the least, they could neuer haue any thing to growe or in any wise prosper. And on the other side the Indians oftentimes preyed vpon them vntill their victuals grewe so short... that they dyed like dogges in their houses, and in their clothes, wherein we found them still at our comming.... To conclude, they were determined to haue trauailed towards the riuer of Plate, only being left aliue 23 persons, whereof two were women, which were the remainder of 4 hundred." See Hakluyt's _Voyages_ (Goldsmid ed., Edinburgh, 1890), xvi, pp. 12, 13.

[6] Don Lorenzo Juarez de Mendoza, Count of Coruña, assumed the duties of viceroy of New Spain on October 4, 1580; he was then advanced in years, and died at Mexico before his three-years' term of office expired--on June 19, 1583.

[7] Antonio Sedeño was born at San Clemente, in 1532 or 1535. In his youth he was a soldier and military engineer, but entered the Jesuit order in 1558 or 1559. After his ordination he went (1568) to Florida as a missionary, and in 1572 to New Spain. The rest of his life was spent in the Philippines, where he not only held high official positions in his order, but introduced among the Filipino natives many industries and manufactures, opened the first school in the island, founded colleges, and engaged in many other labors for the benefit of both the Spanish and the natives. He died September 2, 1595. See notice of his life in Sommervogel's _Bibliothèque_; and Algué's _Archipiélago filipino_, i, p. 251 (translated in _Report_ of U.S. Philippine Commission, 1900, iv, p. 99).

[8] The words in italics at the beginning of the paragraphs are in the MS. written as marginal notes.

[9] The matter in brackets is an insert in the margin of the original manuscript.

[10] In making this correction the writer evidently neglected to change the gender of "vnas."

[11] Pasacao River is a small stream on the western side of the (old) province of Camarínes Sur. The overland journey here mentioned is to Nueva Cáceres, capital of the province, which is ten miles above the mouth of Naga River (although farther by the windings of the river). This river has its source only four miles from the Pacific coast of Albay, whence it flows N.W. into Bató Lake; this part of its course is called Inaya River. Another N.W. course of about the same length (about 25 miles) carries the waters of the lake as far as Nueva Cáceres, in a stream known as Bicol (the Vicor of our text) River. From that city to its discharge in San Miguel Bay, it is called Naga River.

[12] A sort of garment worn by peasants, opening behind or at the shoulder. The meaning of the name, "jump aboard," suggests the similar name applied in some localities in the United States to a sort of over-all blouse, there called "jumper."

[13] Cf. the descriptions of this custom in Morga's _Philippine Islands_ (Hakluyt Society, London, 1868), p. 304; and in account of Thomas Candish's voyage, in Hakluyt's _Voyages_ (Goldsmid ed.) xvi, p. 42.

[14] "A god of the Higuecinas (a subdivision of the ancient Bisayas). The Igueines (another subdivision of that people) believed that the god Maguayan carried the souls of his disciples, in his boat, to another life."--_Ferdinand Blumentritt_: "Diccionario mitológico," in Retana's _Archivo_, ii, p. 411.

[15] These seem to be memoranda, which the writer forgot to fill in later.

[16] The tabon, also called "the mound-builder" _(Megapodius cumingi_). Its eggs are highly prized by the natives as an article of food; they rob the deposit made by the birds. After each egg is deposited, the parent birds (several pairs of whom often frequent the same spot) scratch earth over it, thus gradually raising a mound of considerable size. See description of this bird in _Report_ of U.S. Philippine Commission for 1900, iii, pp. 314, 315.

[17] Of the banana (_Musa_), over fifty varieties have been enumerated as found in the Philippine Islands. Many of these are minutely described in Blanco's _Flora_, pp. 167-175. The nangca (or langca) is _Arctocarpus integrifolia_; the macupa (also known as tampoi), _Eugenia malaccensis_; the santol (santor), _Sandóricum indicum_. See descriptions of all these in Blanco's _Flora_, and in _U.S. Philippine Gazetteer_, pp. 93-95.

[18] The bejucos, as before explained, are various species of _Calamus,_ commonly known as rattan. Blanco describes two of these _(C. maximus_ and _C. gracilis_) as furnishing a supply of water. Some of the species attain a height of more than six hundred feet.

[19] A sketch of this officer in _Cartas de Indias_ (p. 734) states that he founded the city of Nueva Segovia, and probably remained in the islands from the time of their conquest until his death; also that the Japanese corsair here referred to was named Tay Zufu.

[20] _Champan_ (or _sampan_): a Chinese vessel; described by Retana (Zúñiga's _Estadismo_, ii, p. 513*) as being "about as large as a Spanish patache, but inferior to the junks of the Chinese; used by that people for trading in the Filipinas islands." The term is now applied to a boat 12 or 15 feet long, in which a family often makes its home, on the Canton River; also to a vessel of 70 or 80 tons' burden, used in the rivers of Colombia, S.A.

[21] The Dominican order (also known as the Order of Preachers) was founded, about 1215, by St. Dominic de Guzman; he adopted, but with various additions, the rule of St. Augustine. Among the great men who have belonged to this order are Thomas Aquinas, Johann Tauler, and Girolamo Savonarola.

[22] Chiapas (Chiapa) was a province of the ancient kingdom of Guatemala; also a bishopric (erected in 1538). Its capital bore the same name.

[23] The vicar-general to whom these letters were addressed was named Fr. Juan Crisóstomo Sevillano.--_Rev. T.C. Middleton, O.S.A._

[24] The original MS. is endorsed by some archivist: "Letter of Captain Gabriel de Rivera to his Majesty, upon Philippine affairs;" but the letter is evidently addressed to some official--perhaps the viceroy of New Spain, or the president of the royal council.

[25] In a letter dated Manila, July 20, 1581, and signed by Amador de Arriaran, Andres Cabchela, Salvador de Aldave, Luis de Vivanco, Joan Manuel Pimentel, Juan Maldonado, Gabriel de Ribera, and Juan Pacheco Amado, it is stated that Ribera is sent as procurador [attorney]-general to the king to give account of the "affairs and condition of this land." He is recommended to the king's consideration as "one of the first who came to this exploration and pacification" with Legazpi, and "has been able to give a good account of himself in everything." The pressmark of this document, which exists in Archivo General de Indias at Sevilla, is: "Simancas--Filipinas: Descubrimientos, etc., años 1566 á 1586; Est. 1, caj. 1, leg. 2|24." Morga says that Ribera was created Mariscal of Bonbon while in Spain. The effect of his mission was the establishment of the Audiencia of Manila, whose president was to fill the offices of governor and captain-general of the islands. This was attained after the death of Ronquillo, although that event was unknown in court at the time.

[26] Gonzalo Ronquillo was governor from 1580 until his death in 1583. Morga says that trade with the Chinese was increased during his governorship. He attempted to discover a return route to New Spain through the southern seas, but was unsuccessful. He opened trade with Peru. A duty of two per cent on merchandise sent to New Spain was imposed by him, and one of three per cent on goods imported by the Chinese.

[27] Taking the words "twenty years" literally would make the date of this letter in 1584, but it must have been prior to that date. Ribera was sent to Spain in 1581, and Ronquillo died in 1583. The date of this letter therefore is conjectured to have been the latter year.

[28] Retana's text here reads thus: "El preçio que tenian las cosas, después que los Españoles introduxera la moneda de plata, que por la mayor parte son tostones, que así llaman á los reales de á cuatro çientas gantas de arroz, y por otro [real], çiento de vino, y por otro, doçe y catorçe y a un diez y seis gallinas." The bracketed word _real_ was supplied by Retana. A more satisfactory emendation would be _tostón_, the equivalent of _real de á cuatro_. The passage should read thus: "reales de a cuatro [por un tostón cuatro] çientas gantas de arroz, y por otro [tostón] çiento," etc. This supposition is borne out by a later passage where Salazar states that in former times four hundred gantas of rice cost one tostón.--_H.E. Bolton_.

[29] Ronquillo was governor of the entire archipelago.--_Retana_.

[30] He alludes, as will be seen below, to the encomenderos, against whom, chiefly, this accusation by the famous bishop Salazar is directed--_Retana_.

[31] A mistake for "Gonzalo;" Father Salazar commits the error again, as will be seen farther on.--_Retana_.

[32] The word "taels" is Retana's conjecture; but it is possible that the doubtful word was _joyas_ ("ornaments"). From the context, it is more probably _quintos_ ("fifths"), indicating that the royal officials attempted to exact from the Indians the "king's fifth" on all their possessions of gold, as well as on that newly dug from the ground.

[33] That is, as no longer in circulation (Span., _por perdido_). The reference is to the native custom mentioned by Sande in his report of 1577 (see _Vol_ IV of this series, p. 99). Speaking of the best grade of gold used by the Moros, he says: "From this is made the jewelry which they inherit from their ancestors, with which they never part."

[34] A term originally applied to the gold or silver wristlets and anklets worn by Moorish women.

[35] In the form of promissory notes, such as always have been so much used and abused in the Philippines.--_Retana_.

[36] Span., _perlados_; so in Retana's text, but from the context there is apparently some error in this--perhaps a copyist's conjecture for some illegible word.

[37] This man was notary of the expedition sent to Borneo and Mindanao by Francisco de Sande under command of Gabriel de Rivera. See _ante_, _Vol_. IV, p. 273.

[38] Fray Santa Inés says (_Crónica,_ i, p. 16) that the use of this phrase (Spanish, _Islas del Poniente_) arose among Spanish traders--partly because, to reach the Philippines, they followed the course of the sun westward from Spain; and partly to sustain the contention that those islands were "in the demarcation of Castilla, or the Western Indias, and not in that of Portugal, or Oriental India."

[39] The Inquisition was first introduced into Portuguese India in 1560; and into Spanish America in 1569 (at Panama). In 1570 it was established in Mexico, of which the Philippines were a dependency in religious as well as civil affairs. Felipe II's decree (January 25, 1569) establishing the Inquisition in the Indias, with other decrees regulating the operations and privileges of that tribunal, may be found in _Recopilación leyes Indias_ (ed. 1841), lib. i, tit. xix. Regarding the history and methods of the Inquisition, the following works are most full and authoritative: _Practica Inquisitionis hereticoe pravitatis_ (ed. of C. Douais, Paris, 1886), by Bernard Gui--himself an inquisitor; it was composed about 1321. _Historia Inquisitionis_ (Amstelodami, 1692), by Philippus van Limborch; English translations of this book were published at London in 1731, 1734, 1816, and 1825. _Anales de la Inquisicion de España_ (Madrid, 1812-13), by Juan A. Llorente, who was secretary to the Inquisition in Spain, and chancellor of the University of Toledo; translations of this book were published in English (London, 1826; and New York, 1838), and in other languages. _Historica critica de la Inquisicion de España_ (Madrid, 1822), also by Llorente. _History of the Inquisition_ (London and N.Y., 1874), by W.H. Rule. _The Jews of Spain and Portugal, and the Inquisition_ (London, 1877), by Frederic D. Mocatta, a Jew. _History of the Inquisition of the Middle Ages_ (N.Y., 1886), by Henry C. Lea. _Les sources de l'histoire de l'Inquisition dans le midi de la France au treizième et au quatorzième siécle_, by C. Douais, editor of Gui's work; it includes the _Chronique_ of Guilhem Pelisso, "the first written account of the Inquisition."

[40] _Relaxado_ (feminine, _relaxada_): a person abandoned by the ecclesiastical judge to the secular arm [_al brazo seglar_]; referring to the obstinate heretic who refused to abjure and do penance, or to him who after abjuration should relapse. _Confeso_ ("confessed") meant a Jew converted to the Christian faith.

[41] An oath taken by a person who has no bail, that he will return to prison when summoned.

[42] Referring to the established judge of ecclesiastical causes, the vicars of the bishops, or sometimes to the bishops themselves.

[43] There were only two chancillerias in Spain--those at Valladolid and Granada; they were originally one tribunal, which followed the royal court. They had cognizance of cases on appeal, cases of nobility, and cases regarding the inheritance of entailed property. These courts were abolished by the Constitution of 1812 and subsequent legislative enactments.--_A.P. Cushing_.

[44] _Casos de corte_: cases which, because of their importance, the amount involved, or the dignity of the parties, might in the first instance be tried in a superior court.--_Nov. Dice. lengua castellana_ (Gamier, Paris, 1897).

[45] Paragraphs enclosed in brackets contain brief synopses of the corresponding matter in the text which is purely technical, and not of sufficient special interest to justify giving it so much space in our pages.

[46] That is, not subject to the exemptions of the privileged orders.--_H.B. Lathrop_.

[47] A receptor is an escribano (clerk, or scrivener) who by special commission or authority from a tribunal proceeds to perform certain judicial functions.--_A.P. Cushing_.

[48] Spanish, _en los casas de fuerça hechas por jueces eclesiasticos._ _Fuerza_ is injury committed by an ecclesiastical judge in (1) hearing a case which does not come within his jurisdiction; (2) non-observance of rules of procedure; or (3) unjust refusal to allow an appeal. In such cases the aid of the secular courts may be invoked, by the _recurso de fuerza_; and thus cases were brought before the Audiencia, as above in section 7.--_A.P. Cushing_.

[49] In _Recopilación leyes Indias_ (ed. 1841), lib. i, tit. xx, may be found the royal decrees issued from 1537 to 1640 regarding the operations of the Holy Crusade in the Spanish colonies.

[50] A word originating in Hayti, signifying "princes" or "chiefs"--quite naturally extended, by a Spanish clerk or secretary, to the chiefs of Filipino tribes.

[51] This is the only case in which the amount of a fee is prescribed in this instrument, except for officials peculiar to the region; the tariff (_arancel_) of Spain is to be followed, as a rule.--_H.B. Lathrop_.

[52] This clause forbids the counsel to take a contingent fee.--_H.B. Lathrop_.