Part 15
You shall assign and allot the villages of those islands which may be reduced to our service as you think best, according to the law of the succession of the Indians; provided that you do not assign or allot the capitals, seaports, or places settled by Spaniards, for these must be left for our royal crown, and we order that they be so left. [46]
We have also been petitioned in your name that, in consideration of the fact that there are islands inhabited by Moros in that land, and that they come to trade and traffic, thus hindering the preaching of the holy gospel, and disturbing you, we grant you permission to enslave such Moros, and to seize their possessions. You must take note that if such Moros are Moros by birth and nation and come for the purpose of spreading their cursed Mahometan worship, or to make war on you or on the Indians subject to us and to our royal service, then you can enslave them. But you shall under no consideration whatever enslave those who were Indians who may have adopted the worship of Mahomet; but you shall endeavor to convert them and to persuade them to accept our holy Catholic faith by good and legitimate means.
Report has been made me on behalf of the conquistadors of that country that many slaves have been made there by the natives of those islands. I have been entreated to grant permission to those conquistadors to purchase them and hold them as slaves in the same manner as the said natives hold them. Inasmuch as I desire to be informed of the custom in this matter and of what it is advisable to do, I order you to submit a report of the causes why slaves are made in that country—whether slaves are made mutually among the natives themselves; whether the Moros who wage war upon the said natives are made slaves; or whether there are various sects among them, so that they wage and maintain mutual warfare among themselves and make slaves mutually of one another. You shall report on the other characteristics of that race in so far as they touch this matter; and when the said report is ready you shall send it to our Council of the Indias, so that, after they have examined it, the most advisable measures may be taken in accordance with justice. [47]
If there are any Portuguese or foreigners of these kingdoms who have gone with you or who shall have gone afterward, or who should be in the ships sailing from Nueva España to those islands, you shall order them to return to these kingdoms, even if such Portuguese or foreigners be those who are allowed to be in those districts in accordance with my laws, ordinances, and decrees. You must attend to this matter with the greatest possible haste, for you know how dangerous it will be to the welfare, peace, and quiet of the land and to the service of our Lord and mine. The Escorial, November sixteen, one thousand five hundred and sixty-eight.
I the King
Countersigned by Eraso, and signed by Luis Quixada, Vazquez, Don Gomez Çapata, Muñoz, Molina, Salas, Aguilera, Villafañe, and Votello.
[The above document is followed by one entitled, “Title of governor and captain-general of the island of Cubu to Miguel Lopez de Legazpi.” It is almost word for word the same as the document presented in our VOL. III, pp. 62–66 (the few verbal differences not at all changing the sense in any way), but it bears a date eight days prior to that of the above-mentioned document. The ending of this document is as follows: “Neither you nor they shall act contrary to this under any consideration, under penalty of loss of our favor and of a fine of one thousand gold castellanos to be paid to our exchequer and treasury. Given at Madrid, August six, one thousand five hundred and sixty-nine.
I the King
Countersigned by Eraso, and signed by Luis Quixada, Vazquez, Molina, Salas, Aguilera, Votello, and Maldonado.”]
[This document is followed by another one entitled “The said [Miguel Lopez de Legazpi is granted] the lieutenancy of a fortress in Cubu.” It reads practically the same as the above-mentioned document of VOL. III, to the beginning of the last clause on page 62. We translate from that point:]
And inasmuch as we believe that it is thus advisable for our service, and the welfare and preservation of the same island and of the other islands in its vicinity, we consider it fitting and it is our intention and will that now and henceforth you be for all the rest of your life our warden and keeper of the said fortress. You shall perform the service, homage, and act of fidelity which are required in such cases and which you must make. After that has been done, we order any person or persons who may have or shall have charge of the said fortress, that they shall, as soon as they shall be summoned by this our decree, deliver and surrender it to you or to whomever is empowered by you without consulting us further or awaiting any other decree or order from us, or our second or third injunction. They shall give you full and free possession of it in its entire height and depth and strength, together with the arms, equipment, food, and other things that it might contain, in inventory and before a notary. After they shall have done this we do by the present or by a copy thereof, signed by a notary-public, relieve and discharge them of any covenant, homage, act of fidelity, or pledge that shall have been made by the said fortress, and we declare them free and quit of it, both they and their goods, and their heirs and successors forever. They shall do and perform this notwithstanding that no known porter of our exchequer intervenes in the surrender of it, or the other ceremonies that are usual in such cases, under penalty of being condemned and of incurring the other penalties which those who keep fortresses and do not deliver them at the command of my natural kings and seigniors, are exposed to and incur. Further we order the Council, justices, regidors, knights, squires, officials, and good men of the said island of Cubu and of the other islands in its vicinity, to consider and hold you as our warden and keeper of the said fortress for the rest of your life as is said above; and they shall pay and cause to be paid to you the fees annexed and pertaining to it for its lieutenancy. They shall cause to be observed toward you the honors, grace, rewards, exemptions, licenses, preeminences, prerogatives, and immunities, and all other things which you ought to possess and enjoy as our warden and keeper of the said fortress; and which must be kept for you in the same way as they are possessed and held by the wardens and keepers of the fortresses of these our kingdoms entirely and completely, so that no omission shall be made to you. They shall not place or allow to be placed any hindrance or opposition to this or any part of it. Given in Madrid, August six, one thousand five hundred and sixty-nine.
I the King
Countersigned by Eraso and signed by the above.
THE SAID LEGAZPI. TITLE OF GOVERNOR OF THE LADRONES ISLANDS
Don Phelippe, etc. Inasmuch as report has been made me in behalf of you, Miguel Lopez de Legazpi, our governor of the islands of the West, that a certain fleet having been prepared at our order in Puerto de la Navidad of Nueva España for the purpose of the discovery of the said islands, our former viceroy, Don Luis de Velasco, appointed and named you by our commission through the satisfaction which he had in your person, to be the captain-general of it and our governor of the said islands. We have heard that you, having gone in search of them, in order to attain the end desired, and having spent a considerable sum of gold pesos from your own property, discovered the said islands and took possession of them in our royal name with the ceremonies requisite in such cases; and made a settlement in the island of Cubu where you are at present with the men whom you took. In that place you have heard of other islands in that vicinity called the Ladrones Islands and of their fertility and wealth. You have desired to explore and colonize them at your own cost and expense, and petition has been made us to have permission given you therefor, as well as the title of governor and captain-general of the said islands, in consideration of the many expenses that you have incurred in their discovery, and the hardships that you have endured. We, respecting the said your services because of the wide knowledge of them, and because of those which we expect that you shall perform from this time on, and having discussed it with our royal person, have considered it fitting. Therefore by the present we grant license and permission to you, the said Miguel Lopez de Legazpi, so that you are empowered to make for us in our name and at your own cost—and you shall make—the exploration and colonization of the said Ladrones Islands. You shall take and seize possession of them in the said name with the ceremony that is requisite in such cases; provided that you observe and cause to be observed in toto the instructions and provisions which have been issued by us in regard to the course to be followed in the said colonizations and explorations. It is our wish and intention to make you our governor and captain-general of the said Ladrones Islands and of all the villages that you shall settle therein for the rest of your life. You shall hold and exercise our civil and criminal justice with the offices of justice which shall be in the said islands of the West. By this our letter, we order councils, justices, regidors, knights, squires, officials, and good men of all the cities, towns, and hamlets that shall exist in the said islands, land, and colony, and those that shall be colonized, and our officials and other persons who shall reside therein—and each one of them—that, as soon as they shall be summoned by this order, they shall take and receive from you, the said Miguel Lopez de Legazpi, the oath and ceremony that is requisite in such cases, and that you ought to give, without any further delay or procrastination, and without informing us any farther, or consulting, awaiting, or expecting another order or command from me, or a second or third decree. After you have thus given the oath, you shall be considered and received as our governor and captain-general of the said islands, and their coast, land, and settlements all the days of your life. They shall allow and permit you freely to exercise and enjoy the said offices and to perform and execute our justice therein through yourself or through your subordinates whom you have power to appoint and may appoint to the said offices of governor and captain-general, alguacils, and other offices annexed to or pertaining to the said government. You may remove and set aside any of such officials when it is for our service and the execution of our justice. You may appoint and substitute others in their place; and you may try, despatch, and sentence all the suits and causes, both civil and criminal, which shall arise and occur in the said islands, coast, land, and village that you shall settle, and that you shall have settled, both among the men who went to colonize, and among the other natives of it. You and the said your alcaldes and subordinates shall receive the fees annexed to and pertaining to the said offices. You may make any examinations in the cases of justice, premises, and all the other things pertaining to and annexed to the said offices. You and your subordinates shall attend to that which is advisable for our service, the execution of our justice, and the colonization and government of the said islands, coast, land, and towns that shall be established. In order that you may exercise and enjoy the said offices, and perform and execute our justice, all men shall be in harmony with you as to their persons and property, and shall give and cause to be given to you all the protection and aid that you may ask from them and that shall be necessary to you. They shall respect you in all things, and shall obey and perform your orders or those of your subordinates. They shall place no obstacle or opposition to your orders or any part of them, nor allow any to be placed. Therefore by this present we do receive you and consider you received in the said offices and in the exercise and enjoyment of them. We grant you full power to enjoy and exercise, and to perform and execute, the said our justice in the said islands, coasts, land, and hamlets that you shall colonize and in the cities, towns, and hamlets of the said islands and their limits, either through yourself or through your subordinates as abovesaid. In case that you are not received by them or by any of them into the said offices, we do, by this our letter, order any person or persons who shall exercise the authority of our justice in the villages of the said islands, coast, and land, to deliver and surrender, and use such offices no longer without our license and express mandate whenever they shall be summoned by you, the said Miguel Lopez de Legazpi, under the penalties incurred and suffered by those private persons who exercise public and royal offices for which they have no authority or license. Such persons we do by the present suspend and consider as suspended. Furthermore, the fines pertaining to our exchequer and treasury to which you and your alcaldes and subordinates shall condemn any persons, shall be executed by you, and you shall cause them to be executed, and shall have the fines given and delivered to our treasurer of the said islands. Furthermore, we order that if you, the said Miguel Lopez de Legazpi, consider it fitting for our service and the execution of our justice, that any persons now in, or who may in the future be in, the said islands, coast, and land, be banished and enter them no more or live in them, and that they come to present themselves before us, you may order it in our name and cause them to leave in accordance with the ordinance regarding that matter. You shall give to the person thus exiled the reason for his exile; but if you deem it advisable that the matter be kept secret, you shall give the reason under lock and seal, and you shall on your part send us another person, so that we may be informed of it. But you are to take notice that when you have to exile anyone, it must be only for a very urgent cause. For the abovesaid, and so that you may exercise the said offices as our governor and captain-general of the said islands, coast, land, and villages that you shall colonize, so that you may perform and exercise our justice therein, we delegate you full authority by this our letter, with all their incidences, dependencies, emergencies, annexes, and rights; and it is our will and we order that you receive and be paid the annual salary, together with the said offices, of two thousand ducados (a sum equivalent to seven hundred and fifty thousand maravedis). You shall enjoy them from the day on which you shall set sail to pursue your voyage, and thenceforth for the time that you shall maintain the said government. If that sum is not had during the said time, we shall not be obliged to pay you any part of it. A receipt shall be taken from you, with which, and with the copy of this our provision signed by the notary-public, we order that the said two thousand ducados be received by you and placed on your account. Neither you nor any one else shall act contrary to this under any consideration, under penalty of losing our favor and one thousand castellanos in gold to be paid to our exchequer and treasury. Given in Madrid, August fourteen, one thousand five hundred and sixty-nine.
I the King
Countersigned by Eraso, and signed by Luis Quixada, Doctor Vazquez, Licentiate Don Gomez Çapata, Doctor Luis de Molina, Doctor Aguilera, and Doctor Francisco de Villafañe.
TO THE SAID LEGAZPI [GRANTING HIM] THE TITLE OF ADELANTADO OF THE LADRONES ISLANDS
Don Phelipe, etc. Inasmuch as we have granted license and authority to you, Miguel Lopez de Legazpi, our governor of the islands of the West, so that you may explore and colonize the said islands of the West for us and in our name, and at your own expense; and because of the expenses which you have incurred in it, and those which you shall incur in the exploration and colonization of the said islands of the Ladrones; and because we have you and your said services in mind constantly, and in order that you and your descendants may be more honored: therefore having reflected upon the matter in our royal person, I have considered it fitting to bestow upon you the title of adelantado of the said Ladrones Islands for yourself and for your heirs and successors forever. Therefore it is our intention and will by this present that you be now and henceforth forever, our adelantado of the said Ladrones Islands, as well as of the villages that you shall colonize therein; and after you, your heirs and successors, and he who shall inherit your house. As such our adelantado, you may exercise—and you shall exercise—the said office in all cases and matters annexed to and concerning it, in the same manner in which they are enjoyed by our adelantados of our kingdoms of Castilla and of the said Indias. In regard to the enjoyment and exercise of the said office and in the payment of the fees pertaining to it, you shall observe and your heirs shall be obliged to observe the laws and ordinances of these our kingdoms imposed in regard to it. All the honors, favors, and rewards, licenses, liberties, exemptions, preëminences, prerogatives, immunities, and everything else—and each one of them singly—which because of being our adelantado, you ought to have and enjoy, and which ought to be kept for you, shall be kept for you. You shall have and receive the fees, salaries, and other matters belonging and pertaining to the said office of adelantado. We do, by this our letter, order councils, justices, regidors, knights, squires, officials, and good men of all the cities, towns, and hamlets of the said islands of the Ladrones to hold, receive, and consider you and your heirs as our adelantado and to extend to you and to them the said office and all causes and things annexed to and concerning it. They shall keep for you and cause to be kept for you, all the honors, favors, rewards, licenses, liberties, preëminences, prerogatives, immunities, and all the other things—and each one of them singly—that you ought to have and enjoy by reason of the said office, and which must be kept for you. They shall pay, and cause to be paid, to you, all the fees and salaries owing and belonging to the said office of adelantado up to their complete value, so that you may suffer no lack in anything, according to and in the manner in which it has been enjoyed and paid, and as it must be enjoyed, paid, and kept for the other adelantados who have been and are in these our kingdoms of Castilla and in the said Indias. They shall place no obstacle or opposition to you in this matter or in any part of it, or allow such to be placed. Therefore, we do, by this present, receive and hold you as received into the said office, and to its enjoyment and exercise. We grant you authority and license to enjoy and exercise it; and in case that you are not received in that office by them or any of them, we order you to give this our letter signed by our hand and countersigned by our secretary mentioned below. Given in Madrid, August fourteen, one thousand five hundred and sixty-nine.
I the King
I, Francisco de Herasso, secretary of his Majesty, had this written by his command. It is signed by Luis Quizada, Doctor Vazquez, Licentiate Don Gomez Çapata, Doctor Luis de Molina, Licentiate Salas, Doctor Aguilera, and Doctor Francisco de Villafañe.
[The above document is followed by one entitled, “The said Legazpi, [granting him] the title of governor and captain-general of the island of Cubu.” It is the same document, and bears the same date as that published in VOL. III, pp. 62–66.]
INSTRUCTIONS GIVEN TO MIGUEL LOPEZ DE LEGAZPI, IN REGARD TO WHAT HE IS TO DO IN THE LADRONES ISLANDS
The King. That which you, Miguel Lopez de Legazpi, our governor and captain-general in the islands of the West, are to do and observe in the government, exploration, and colonization of the Ladrones Islands which we charge to you, is as follows.
1. First, after the said islands are explored, you shall select sites and locations for colonization, taking care that the land be healthful and fertile, and abounding in wood, water and good pasturage for cattle. You shall see that the land be apportioned to the colonists, but you shall not occupy or take possession of any private property of the Indians. In order that this may be better performed, you shall for the present, make the said settlement somewhat distant from the districts and locations where the Indians may have their settlements, pastures, and fields, so that all the abovesaid may be done without harming them at all. On the contrary thorough good treatment must be shown them.
2. The site of the place where the settlement is to be made having been chosen, you shall order the colonists to build their houses, making in them a sort of stronghold, where they may defend themselves and their flocks if necessary, in case that the Indians try to attack them.
3. You shall see that the colonists who settle in this way, endeavor to obtain peace and friendship with the Indians who dwell in that land. They shall treat the latter well, and shall endeavor (for such is my will) to have the Indians live near them in villages, and shall defend them and help them to defend themselves against those who try to harm them. They shall reduce the Indians to a civilized life, and shall endeavor to separate them from their vices, sins, and evil customs. They shall endeavor to reduce them and convert them willingly to our holy Catholic faith and the Christian religion by means of religious and other good men.
4. If there shall be any persons among the said Indians who oppose and refuse to listen to our instruction, and convert or illtreat those who do listen to it, you shall endeavor by all good means possible to you to prevent it, so that the preaching of the gospel may not cease for that reason. You shall proceed in this with all manner of discretion, kindness, and moderation.