Part 20
What is still more weighty, the most cursed and perverse sect of Mahoma had begun, through its followers and disciples, to spread and scatter through some of the islands of this archipelago its pestilent and abominable creed; but the true God was pleased at that time to bring the Spanish people into these islands, which was a cure and remedy for the mortal sickness which the said Mahometan sect has already commenced to cause in them. Besides this, the Spaniards had freed them from the tyranny with which their kings and lords were possessing themselves of their wives and goods, which was the greatest injury which could be inflicted upon them. They were also reminded of the great favor that God our Lord had granted them in giving them for their king and natural lord the Catholic king Don Phelipe, our sovereign, to maintain them and keep them in peace and justice, with much gentleness and love. Our lord might have deferred the conquest of these islands, and it would have been made by other kings who are not so Catholic, as a punishment for the idolatry which they practiced; then they would have fallen into greater blindness and sin than before, and they would not have been so rich and well-provided as they are, nor would their property have been so safe. All this is greater advantage than they had in olden days, while they were infidels. All this was declared to the above-named persons, so that, in conformity with his will and pleasure they might render submission to his Majesty, and acknowledge him as such king and natural lord; and this, notwithstanding what they may have given by word or deed, for the greater justification of the tributes enjoyed and being enjoyed, which they have given and paid, and henceforth may give and pay, both to his Majesty and to his vassals. And this writing is evidence in all times that of their own will and pleasure they have rendered the said submission and acknowledgment to their said king and lord. All the said governors and chiefs, lords of barangay, and their timaguas who are present, having understood through the interpreter the address which has been made to them in the name of his Majesty, said together and unanimously--and not only for themselves but for their subjects, descendants, and successors in the dominion and lordship of their barangays--that they recognized and held themselves fortunate in having recognized our lord; and this because he has granted them the favors mentioned, and greater ones, since the king our lord is more Catholic and Christian than other kings of the world, and under his temporal laws they have lived and are living in great security of life and property, comfort, and peace, and with more liberty than they ever thought to have, since they are free at present from all the tyrannies to which they were subject in the time when they were infidels. Therefore, in answer to what was asked them, as it was of so great importance they sought for a delay, as the time is so short, and they had not conferred and communicated with all the chiefs, nor informed those of their villages of the resolution; and so they separated, saying that there would be enough time from now until the departure of the ships in the coming year, one thousand six hundred, and that information about this negotiation could be sent then to his Majesty. This they declared, and those who could do so signed their names, also the said father definitor and guardian, and the said lieutenant, as I certify. The witnesses were father Fray de Ponto, guardian of the convent of Mahayhay; father Fray Tomas de Miranda, father Fray Bartolome Ruiz, father Fray Alonso de Santana, Fray Bernardo de Asincion, Don Francisco Bagua, Don Heronimo Aroppora, Francisco de Nombela, Gregorio Ponce de Leon.
Before me:
_Joan de Ribera_, notary-public
_Copy of the letter from the king of Camboxa to the governor of Manila. Cited in clause 27 of the governor's letter of July 12, 1599_.
_Copy of a letter from the king of Sian_.--I received the embassy of your Lordship with the greatest pleasure, and for a long time past I have desired to have a firm and true friendship between us. From now on I beg that your Lordship will keep this, and this kingdom of mine shall stand by it. And your kingdom and this kingdom shall be friends, and particularly your city of Manilha. This shall be my duty and yours for I have always looked to and upon you to keep the firm friendship. The king of Portugal alone will take arms in his hands, for in these times there are some troubles arising from the captain of Malaca, Daroca Fiaon. For this I have pledged my word to the renewed friendship, as before. As for the Portuguese, whatever your Lordship asks or orders shall be done in this country. I am very fond of you, and this leads me to keep for you all those who may wish to live in this my kingdom; I shall permit it, for I shall receive all as I have been seen to receive these, and as Captain Juan Tello said that ... I have received what your Lordship sent me; and by the same person I will send a ring to your Lordship ... which your Lordship will value. At Acibi Pacos, outside of my city. May 5, 1598.
_Statement regarding the fulfilment of the decree of his Majesty. Cited in clause 31 of the governor's letter of July 12, 1599_.
I, Gaspar de Acebo, notary-public of the government of these Filipinas Islands for the king our lord, certify to those who may see these presents that the governor and captain-general of these islands, Don Francisco Tello, knight of the habit of Santiago, in fulfilment of the decrees and instructions of the king our lord, which the aforesaid Don Francisco holds for the good government of these islands, has been fulfilling and executing them in so far as was expedient and for the service of the king our lord. The decree which arrived here relating to the pancada [_i.e._, purchase in gross] of the merchandise and cloth which come from China, directing that it should be bought by one person, and that six persons should go with it and dispose of the goods in Nueva España for the citizens of these islands--being put into execution by the said governor, was carried to the royal Audiencia of these islands in course of appeal by the citizens thereof, in which court the suit is in progress.
Likewise the said governor, by virtue of his instruction, inspected the cathedral church of this city, conjointly with the archbishop Don Fray Ygnacio (whom may God keep); and in the presence of me, the said secretary, inspected the ornaments of the said church, the plate, and other articles of the service of divine worship. They ordered the treasurer of the said church and the former stewards of the said cathedral to render accounts, so that the property and income of the said church might be known.
_Item_: By virtue of a royal decree, obtained by the petition of the late bishop of these islands, Don Fray Domingo de Salazar, when any canonry or prebend in these islands was vacated, the governor might, as these islands are so remote from the kingdom of España, present the person who should to him appear fitting for such canonry or prebend. This has been carried out and executed thus far by the said governor.
_Item_: The royal decree is being carried out and put into operation which directs the establishment of schools in which to teach the natives the Spanish language. The said schools are in charge of the fathers of the Society of Jesus.
_Item_: By virtue of a decree of the king our lord, dated in Madrid the eighth of February of the past year of ninety-seven, in which is directed the order to be followed in bringing the natives of these islands to render submission to the royal crown, and in publishing the ordinances for newly-discovered countries, these were published in this city; and the order to be observed in bringing the natives to render submission was provided for by the archbishop (whom may God keep), Don Fray Ygnacio de Santibañez, and the other bishops and provincials of these islands, conjointly with the said governor. They have begun to carry this out in several provinces of these islands.
_Item_: The said governor has ordered to be fulfilled and executed the clause of the instruction which directs that duties shall not be levied upon the Chinese or other nations in the neighborhood of these islands, as they bring provisions and military stores to provide this camp.
Likewise, in fulfilment of another clause of the instruction, the said governor took possession, in the name of and for the lord our king, of the hospital for natives which is situated in this city, and ordered accounts to be rendered of the property and income of the said hospital.
_Item_: In accordance with a royal decree which deals with the fact that the chiefs of these islands are being employed in governorships, and directs that they be honored and favored by the magistrates, this has been done and is being done by the said governor, Don Francisco Tello.
_Item_: In regard to clause twenty-seven of his instructions, by which the said governor is ordered and commanded to reduce the number of encomiendas and villages, and ordains that they be in places convenient for the administration of the holy sacraments to the natives, this is being carried out without harshness, in those regions which are at present prepared for it.
_Item_: Likewise some of the royal decrees and clauses of instruction which were given to the said governor Don Francisco Tello have not been carried out. In these it is ordered and commanded that certain things are to be done for the good government of these islands, conjointly with the archbishop thereof. As the latter died soon after his arrival in this city, they were suspended, without any action or consideration being taken of them, because the said governor was commanded to communicate and act with the said archbishop.
In proof of the truth of what is here related, by the request and command of Don Francisco Tello, knight of the habit of Santiago, governor and captain-general of these islands, I have given the present, dated in the city of Manila, on the fourteenth day of the month of July of the year one thousand five hundred and ninety-nine. I have therefore set my seal hereto in witness of the truth.
_Gaspar de Acebo_
We, the notaries-public and royal who sign here, certify and bear witness that Gaspar de Acebo, by whom this instrument is signed and sealed, is secretary of the government of these islands; and to the instruments and documents which are drawn before him entire faith and credit is given, in and out of court. That this may appear we have given the present in the city of Manila, in the Filipinas Islands, on the fourteenth day of the month of July, of the year one thousand five hundred and ninety-nine.
_Francisco de Valencia_, notary-public. _Joan Paez de Sotomayor_, notary royal. _Juan Estebes_, notary for his Majesty.
Ordinances Enacted by the Audiencia of Manila
_An act decreeing that the Sangleys who are arrested shall pay their creditors within six days, or have their services sold for debt_.
In the city of Manila, on the thirteenth of June, one thousand five hundred and ninety-eight, the members of this court, the president and auditors of the royal Audiencia and Chancillería of the Philipinas Islands, while inspecting the prison, declared that, whereas, both in the royal prison of this court and in that of the jurisdiction of the alcaicería [Chinese market] many Sangley prisoners are arrested for debts of long standing, who, by not having the means to pay, or for their own purposes, being thus assured of their sustenance, allow themselves to remain in the said prisons, without making any payment: therefore, since it is advisable to remedy this evil, on account of the great expense incurred by the Confraternity of La Sancta Misericordia for the sustenance of the aforesaid prisoners, and in order that the creditors may be paid, they ordered, and they did so order, that the said Sangleys imprisoned for debts past due be notified that they must pay their creditors within six days, being warned that, if they do not, their services will be sold to anyone who will give enough to satisfy and pay the creditors, and to the amount of their debt; but if they cannot be sold, or if the creditors wish to take them to the amount of the debt, they shall be delivered to the latter in chains, in order to serve out the amount of the debt. If the said creditors refuse to receive the prisoners, they shall be notified to give them food in the said prisons at their own expense; and, on failure to do so, the prisoners will be set at liberty. Thus they voted, ordered, and decreed.
Before me:
_Pedro Hurtado Desquibel_
_An act decreeing that notaries, whether public or royal, shall be present at the review of charges against prisoners._
In the city of Manila, on the thirteenth of June, one thousand five hundred and ninety-eight, the president and auditors of the royal Audiencia of the Philipinas Islands, while making a general review of the charges against prisoners in the royal prison of this court, ordered, and they did so order, in consideration of the fact that the notaries, both public and royal, were not present at the said review with the records of the suits against the prisoners, for which reason the review was hindered, that the notaries should all be notified, collectively and singly, to be present at such review of charges, with the suits that they shall have, in order to report upon them--under penalty of a fine of four pesos for the first offense, to be given to the poor of the said prison. For the second offense they shall be rigorously punished. Thus they voted, ordered, and decreed.
Before me:
_Pedro Hurtado Desquibel_
_An act decreeing that the prison warden shall maintain a stricter watch over the prisoners_.
In the city of Manila, on the twentieth of June, one thousand five hundred and ninety-eight, the president and auditors of the royal Audiencia of the Philipinas Islands, on the occasion of a review of charges against prisoners, declared that, whereas it has come to their knowledge that many of the prisoners in the said prison leave it to eat and sleep, and go to their houses and about their business, and that those who are ordered to imprison them fail to do so, so that from the aforesaid there has been, and is, a great deal of disorder, and that the warden thereof does not fulfil and observe his obligations: therefore, as it is advisable to remedy the aforesaid evil, they ordered, and they did so order, that Baltasar Martin, warden of the said prison, be notified that, now and henceforth, he shall under no consideration permit any prisoner in his charge, during the time of his imprisonment, to leave the said prison for eating, sleeping, or any other matter outside of it. Prisoners who are ordered to be imprisoned shall not be released except by order and command of the judges by whose orders they are arrested. The aforesaid warden shall observe the obligations of his office, being warned that, if he shall act contrary thereto, he will be proceeded against with the full rigor of the law; in addition to which, the penalties for not exercising his said office in accordance with his bond and pledge shall be executed against him. Thus they voted, ordered, and decreed.
Before me:
_Pedro Hurtado Desquibel_
_An act decreeing that there shall be no hucksters_.
In the city of Manila, on the twenty-fifth of June, one thousand five hundred and ninety-eight, the president and auditors assembled in this royal Audiencia and Chancillería declared that, whereas in this said city of Manila all sorts of provisions have become very dear, on account of the disorder that has existed, and does exist, through having allowed many Sangleys and native Indians to go through this city and five leagues round about it, trading and bartering the said provisions--as, for instance, rice, wine, fowls, swine, cows, buffalo, game, eggs, geese, kids, cocoanuts, bananas, pullets, capons, fish, olive-oil, vinegar, and other provisions that are gathered and raised within the five leagues, or are bought from outside from the other provinces, islands, villages, and hamlets--and act as hucksters and retailers of these provisions: therefore, as it is advisable to provide the necessary remedy in this matter, in order that the said disorder be avoided, they ordered, and they did so order, that no person--Spaniard, Sangley, native, or of any other nation, quality, and rank whatever--shall trade or barter, now and henceforth, in the said provisions, or in any of them, in this said city or within the five leagues of its jurisdiction. No huckster shall buy or retail for his own trade or profit any of the above things, under any condition, under penalty of confiscation of everything thus found in his possession which he has bought or traded for--half to be applied to his Majesty's treasury, and the other half to go to the informer or constable who exposes him, or to the judge who gives sentence. Besides this, any person who shall be discovered not to have fulfilled this obligation shall, if he be a Spaniard, for the first offense be imprisoned twenty days in the common jail; and for the second he shall be banished for six months from this city and the five-league circuit of this court, to a prescribed residence. If he be a Sangley or an Indian, he shall for the first offense be given one hundred lashes; and for the second shall serve in his Majesty's galleys, or at the forge, or in the powder-house, for a period of two years without pay. Those who obtain the said provisions by cultivation and labor within a circuit of five leagues, or who bring them from outside this city to sell them therein, may sell and bring them freely, so that it be not to the said hucksters or retailers; and provided that they bring them first to the public square of this city, or up the river in their vessels, in order that the inhabitants and dwellers in this city may be provided with whatever they may need, for the time and space of two natural days. These being passed, whatever they cannot sell they may carry away, and sell in the other towns within the said five leagues. Likewise, they ordered that no person shall go by way of the sea or the river or by highways whence come the said provisions, to take or buy them from those who should be bringing them, before the arrival of the latter with them in this city, within the five leagues, under penalty of one hundred lashes; and that the alcaldes-in-ordinary, the regidors, and other officials of this city, and the alcaldes-mayor of Tondo and Bulacan and their assistants, shall take especial care for the execution and enforcement of this act in their districts, being warned that they will be punished at their residencias, and will be charged therewith; and warning will be given to those who take their residencias that their punishment be executed. Thus they voted, ordered, and decreed over their names, and that this act be proclaimed in this city and the suburb of Tondo.
_Doctor Antonio de Morga_ The licentiate _Tellez Almaçan_ The licentiate _Albaro Çambrano_
Before me: _Pedro Hurtado Desquibel_
_An act decreeing that no one shall embark for the purpose of leaving these islands, without permission_.