Chapter X: Part 10

I, Miguel Lopez de Leguaspi, governor and captain-general for his majesty King Don Felipe, our lord, of his people and royal fleet for the discovery of the islands of the West: in response to the summons of the very illustrious Gonzalo Pereira, captain-in-chief of the Portuguese fleet, served on me the twenty-seventh day of this present month of October I declare that it is true, as contained in his summons, that "actions speak louder than words," as also do offers without actions--which in his case we have seen to be very different. For it is manifest and known to all that his actions have been, and are, very different from good words; since on the twentieth day of this month, without any cause or legitimate reason, or without the removal of the assurances given by one to the other, or without making or giving any warning or information, his grace ordered his galleys and small vessels to make an attack on certain fortifications and defenses of ours. And they attacked and fired many cannon and arquebuse-shots at the people on the shore and bank near the fort aforesaid, without any artillery being fired at them in return from this camp, which could do them harm, until the outcome of the affair was seen. On the contrary, astonished at the treatment afforded us when we had not given any occasion whatsoever for the same, I wrote to his grace that very day. He, without any reply to what I had written, sent, the next morning, two galleots and a pinnace to take up a position in the other entrance of this harbor (where they now are), in order to prevent us from receiving any supplies or provisions. He has blockaded us upon all sides; and, what is most intolerable of all, the galleys and pinnaces aforesaid have sacked, fired, and burned all the neighboring villages, and killed the natives and inhabitants, without exempting even women and children, in the towns of Gavi, Cotcot, Diluan, Denao, and Mandavi--for the sole reason, and no other, as I understand, that they had been at peace with us, and had supplied and sold us provisions for our money. All this cannot be denied, inasmuch as we have seen it all with our own eyes. This may well be called deeds, and not words: and he has answered with a war of incredible cruelty. And in view of this, it is not surprising that we should have taken or that we do take some precautions, since he has made war so openly, and now tries to do us so open violence and injury. As far as the pleasing of God and of our rulers is concerned, it is of very little service, or none at all, to say that we should go to his fleet; for this cannot be done without violating his majesty's orders, to which I shall not expose myself. Moreover, all possible justifications have been offered on my side for not departing from this land and leaving it free; and, if necessary, I now offer them again. And it has no bearing on the subject to say that I have been here four years and desire to remain four years more; for my intention and desire has not been, nor is, to remain here even one year, but to depart as soon as I receive despatches and ships from his majesty--which, at latest, will be here with the next northeast wind. And as for his saying that only the _patache_ "San Juan" and one ship can reach me, that is all nonsense; for his majesty, if he desire, can send one, six, ten, or twenty ships from Nueva España, for they have them in the South Sea there. And, what is more, I offer to depart with those that come, whether they be few or many, this being the easiest, shortest, and quickest remedy for what his grace says he wishes and desires--namely, that I should leave this land free and unembarrassed. And in this way he will receive full satisfaction very shortly, without loss, damage, or injury whatsoever to the one side or the other, unless his grace himself chooses to give occasion therefor. And, if he do this, he will do his duty, and what he is bound to do in the service of God and of our sovereigns, and will obviate the necessity of shedding Christian blood--as well as an infinite number of damages and annoyances which might otherwise ensue and come to pass now or in the future. And if, in the event of his grace's not being willing so to do, any further damage, loss, or scandal should ensue, then I declare that he shall be guilty of it all; and that he shall be considered to have acted criminally in all respects and be obliged to give an account of his deeds to God and to our sovereigns and rulers. And I ask and summon him--once, twice, thrice, and as many more times as I am required by law--not to permit violence to be done me, or any injury or warlike action such as he has undertaken, much to the displeasure of God and of our sovereigns and lords. And I protest, in all ways in which I have already protested, and all others in which, on his majesty's behalf, I am bound to request, declare, affirm, and allege--all of which, although not specified in detail, is fully expressed herein. And as for what he says about its being better to join his fleet in the work of propagating our holy Catholic faith, and destroying the sect of Mahomet in Maluco, Java, and Achen, in compensation for the many occasions on which the sovereigns of Portugal aided those of Castilla against the Moros--I say that if his highness or he, in his royal name, wage war against the pagans in these islands, and have need of other people's assistance, I am ready and prepared to give him soldiers to help, and to go with him to the places above-mentioned, in the service of the very illustrious and puissant King of Portugal, conformably to the instructions and orders which I have from his majesty, provided that his grace give them ships and supplies, and such other securities as may be reasonable from one party to another. Regarding what he says of the clauses of my instructions, the unequivocal, holy, and sincere intention of his majesty stands clearly forth therefrom, and should be received and admitted as such; and likewise the fact that I myself have fulfilled his royal orders, and have no intention of injuring any one or taking other people's property from them. For I offer and stand ready to depart, just as soon as possible, from everything which his grace declares to belong to his highness, without any further summons; and to pay for all the years of my stay here. This--being, as it is, the truth--is sufficient satisfaction for all that his grace has said or may say in the matter; for I desire to follow his instructions provided it be within my power, and depart from this land and leave it free and unembarrassed. And therefore I declare that I will do this, as I have said--refusing at the same time to admit his allegations, and basing myself upon those which I have made on my own part, which are true and certain. Given in this settlement and camp on the twenty-eighth day of October in the year one thousand five hundred and sixty-eight.

_Miguel Lopez de Legaspi_.

(_Notification_: In the galley "San Francisco" of the royal fleet of Portugal, on the twenty-eighth day of October in the year one thousand five hundred and sixty-eight, I, Christoval Ponze, notary, read and made known this response and summons of the very illustrious Miguel Lopez de Legaspi, governor and captain-general of the fleet for the discovery of the islands of the West, to the very illustrious Gonzalo Pereira, captain-general of the royal fleet of Portugal, in his own person, _de verbo ad verbum_, in such a way that he understood it. He responded that he heard and would make answer to the same, witnesses being Don Duarte de Meneses, admiral of the said fleet, Antonio Lopez de Sequeyra, Mendornellas de Vasconcellos, and the factor Alonso Alvarez Furtado, all of whom signed here their names. Don Duarte de Meneses, Antonio Lopez de Sequeyra, Mendornellas de Vasconcellos, Alfonso Alvarez Furtado.)

(This copy was carefully collated with the original by me, Pero Bernaldez, notary-public of this fleet, without there being found any interlineation or erasure which would cause doubt--although there is an erasure of the word _no_ ["not"] which was made without deceitful purpose. At this comparison was present the said Fernaõ Riquel, who signed here with me, together with Baltesar de Freitas, notary of the fleet, who placed here his approval on this twenty-ninth day of December, in the year one thousand five hundred and sixty-eight.

_Pero Bernaldez_.)

(This copy was compared before me, Baltesar de Freitas, notary of this fleet, on the day aforesaid.

_Baltesar de Freitas_.)

(I was present at the correction and comparison of this copy on the month, day, and year aforesaid.

_Fernando Riquel_.)

_Fifth summons_: In response to the fourth reply which the very illustrious Miguel Lopez de Leguaspi, general of the fleet and people of Nova Spanha, sent and had conveyed to me on the twenty-ninth day of the month of October in the year one thousand five hundred and sixty-eight, by Christovão Ponze de Leon, notary of his camp, I say that I cannot help being amazed again and again at seeing how his Grace attempts to depreciate my actions and give luster to his own--those on the one side being so different from those on the other, and done in sight of his camp yonder and of this fleet stationed here. When there are, however, so many noblemen and gentlemen of such reputation for sincerity and truth, his Grace will not be able to deny that during the forty days of peace in this port, he did not see any sign of hostility in this our fleet of the king, our lord, or any indication thereof, inasmuch as ships were allowed to enter to him with men and provisions aboard--when by capturing them, as could have been done easily, I could have caused him much annoyance, if my intention had been to bring about such a consummation. His Grace, however, in great contrast to my own procedure, on the same days and during the same peace, had many breastworks and defenses constructed in his fortress, and corresponding defenses outside of the same with a great amount of artillery mounted on many baskets filled with earth. These were quite sufficient to defend himself against a great army, rather than a small band of Portuguese zealous in the service of God and of the kings our lords, and reluctant to shed Christian blood even in so just a cause. Nor will he deny that--not content with having so strong a fortress, with so many Spaniards to make defense against us in our own territory in case I should undertake to do him violence therein--he ordered, during the term of the peace, an artillery station to be established on the bank opposite where he took in water, in order to prevent me from obtaining any; and up to the present time he has refused to let me have any, although this is our own land. Moreover, he desired to cannonade the fleet at short range from the fortress aforesaid, as afterward more clearly appeared; for, on my immediately writing his Grace through Baltesar de Freitas, notary of the fleet, to do me the favor to order that this should not occur again, since it seemed more the act of an enemy than of a friend, he wrote me in return things irrelevant to the case, while the rest of his letter consisted only of vain words and compliments. I wrote to his Grace again the next day, sending my letter by Pero Bernaldez, notary-public of this fleet. In this letter I asked him again to do me the favor of ordering the work to be destroyed; otherwise, I should consider myself authorized to declare that war had broken out, and that the assurances between us would remain null and void--as his Grace will see in my letters, since his memory is so feeble as he says and declares, since he says and declares that without the assurances being canceled as yet on either side, and without giving any warning or intimation whatsoever, I ordered the boats and galleys to fire on his fortifications and basket defenses. But this I did, in reality, in firing on the black people of the land, who were acting against their true king and lord. Little blood was shed in this affair, as I have ascertained, but all this business his Grace owes to his failure to reply to or satisfy me--acting as if he wished open war with me, as was seen by the breast-work which he had constructed. And--after a few volleys had been fired from the said boats, galleys, and pinnaces, in reply to the many broadsides which they let fly at us from their fortress--here on the afternoon of that same day Fernan Riquel, notary-in-chief of that camp, came with a reply from his Grace, also a copy of certain clauses from his instructions, and a message to the effect that he would finally have the work stopped, if this fleet would stand off farther from shore. This I showed to the said Fernaõ Riquel, who suddenly became short-sighted, in order not to see it; nevertheless, I ordered the boats to retire, and to fire no more. And the next day I did not, on my part, consent that they should go on increasing the work further. In what, then, does his Grace find here, up to the present time, more good words and deeds than mine? Moreover I gave him much more peace. It should be added that after the boats had killed many Indians and a few Spaniards, they ceased from further shots that afternoon and the following day. It would then have been just and due to us that his Grace should have had the basket defenses destroyed--for that was the true road to peace and amity after so long a period of enjoyment of our land--rather than to allow a bombardment, as cruel as if against heretics, to take place and endure from eleven o'clock in the morning till sunset. These ships of the king our lord were pierced with balls in his own port, killing several persons, and so aimed as to kill many more, if I had not used caution and retired. This affair is certainly an ugly and terrible one, before God and men. I did not, however, consent that any broadside should be fired from this galley, the "San Francisco," although I had pieces of very large caliber therein, which could have done much damage to the fortress and defenses. And therefore, up to the present time, I have not shed, nor given occasion for the shedding of Christian blood as his Grace has done in batteries and ambuscades--although none whatever were made against him, inasmuch as I restrained myself when I could have done him much injury by fire and sword. The sovereigns yonder, however--who are so good Christians and have clear minds--will judge of the fair words and fair deeds of his Grace, and of my deceitful words and most evil deeds; for we cannot be good judges in our own behalf in such an offense committed against the king, our lord, and his vassals. Quickly turning to the work at hand, a little later on the same day of the cannonading, I ordered the galleys to take possession of the other mouth of this harbor; for, now that his Grace has broken out in war against me, it seemed to me better service to God, and to the kings our lords, and a Christian's obligation, to pursue hostilities by means of starvation rather than by fire and sword--for although I blockade you with it, I have ordered this fleet, and it stands ready, to bring you a great quantity of supplies, that you may not perish through lack thereof. And as for the damage which the oared vessels have done in the territory of the infidels, it does not appear to me so serious and unheard-of as his Grace depicts it; for it is juster in war that we should punish those vassals of the king our lord for unfaithfulness and opposition to their true leaders than that his Grace himself, although a stranger here, should, in time of peace, give them very different kind of punishment for slighter cause, in addition to making them pay tribute. As for his assertion that he will pay and satisfy the king our lord for all the losses and damage which he has done him in this land of his, it was unnecessary to write such a thing; for his Highness is not a merchant nor is he so avaricious as to take satisfaction in money or property from any other sovereign, particularly from his captains; and he will be satisfied, and I, in his name, only at his Grace's leaving the land free and unencumbered, and thus not bringing about the death of his vassals there in so many ways. As for his Grace's being willing to give me people and assistance for the augmentation of the faith and the service of the king our lord, certainly he may be sincere in this one matter; but the Moros of Maluco, Java, and Acheen are, through our sins, so numerous, that without his Grace in person, and all his company, it would be difficult to sweep them away. But with such aid I hope in God that much service will be done Him by us all; for on His account they ought to be resigned to take a voyage much longer than from India to Espanha, inasmuch as He suffered Himself to be crucified and shed His precious blood for our salvation. For the letters of instruction issued by Christian princes do not forbid their captains the propagation of the Catholic faith and the destruction of the sect of Mafamede, in any land of in any way whatsoever--especially when the rightful king, through his captains, requests this so necessary assistance from his Grace; and when there is so much intimacy and so close a relation between these kings our lords, as to justify asking that there be given him all the supplies and munitions necessary and sufficient to their needs, and even much more. But since his Grace is not willing, for the sake of God and the aforesaid sovereigns, to go so long a way toward carrying out their wishes, I protest in the terms already on my part protested. And I require you, Pero Bernaldez, notary-public of this fleet, to read and make known this response to the said Miguel Lopez; and to deliver into my hands an instrument drawn in public form, containing all the summons, protests, replies, duplicates, and letters, which may be needed for the outcome of this business. Given in this galley the "San Francisco" on the thirtieth day of October, in the year one thousand five hundred and sixty-eight.

_Goncalo Pereira_

(_Notification and Reply_: On the thirtieth day of the month of October in the year one thousand five hundred and sixty-eight, at the place now occupied by the very illustrious Miguel Lopez de Leguazpi, general of the fleet and forces of Nova Spanha, at the command of Goncallo Pereira, captain-general of the fleet of the South Sea, I, Pero Bernaldez, notary, read and made known to him _de verbo ad verbum_, this reply as above written. He responds as follows to the same: "that the captain-general should well remember that, in the first letter in which this summons is mentioned, he asked only for the cessation of the work of erecting the wicker defenses, which request was granted immediately and the work ceased, although baskets cannot constitute war, and are rather for defense than offense. And on the following day, by a second letter which his Grace wrote, he again reiterated and requested that the baskets should be taken down, and that he should receive either yes or no as an answer, with which he would consider himself to have received a final answer. With the same letter he sent me word by the factor Andrés de Mirandaola and Hernando Riquel, notary-in-chief of this camp, that if the baskets were not taken down by nightfall, he would consider war to have broken out between us. While I was engaged in framing an answer to this, and before the time-limit set by him had expired, he sent his galleys and small boats to attack the defenses and the people who were stationed on the shore. Then our soldiers, seeing that the Portuguese were attacking them and had begun hostilities, determined to complete their defenses, and fought with the Portuguese from about noon-time until sunset, without any cannon-shots being fired at the Portuguese from this camp. And on the morning of the following day, without any new action on our part, the said captain-general sent two galleys and a small boat to seize upon the other entrance to this harbor, and this order was executed. They have been and still are located there, toward the east; and they refuse to allow any person, or supplies, or anything else whatsoever, to come in or go out from this camp--a procedure for which I am at a loss to find the proper designation, unless it be war and the intention to starve us to death, which is not a usual action on the part of Christians. Consequently, he should not be astonished if this causes us to think that his actions do not correspond to his words, and to the offers made on his part; while, on the contrary, there is in truth all possible justification on our part, and we have offered assistance and favor, should they be necessary, against infidels, and in the interest of his Highness, the very illustrious and puissant King of Portugal. For I will carry out and fulfil that promise with the same willingness with which it is offered, in the consciousness of being therein of service to his Majesty. And it is but little relevant to say that, unless I go in person with all my camp, nothing can be effected; for either there or here, or any place whatsoever, I could be of little use, and would be but little missed; nor is it just, in view of the impossibility of my performing it without the express permission of his Majesty, to attempt to oblige and bind me to perform the same. And as for the rest, I confirm what I have already said, responded, requested, and protested against, in his Majesty's name, in previous replies and rejoinder; and if it be necessary, I again request, demand, and protest, as many times as I am by law obliged, and as may be befitting. As for the war, violence, and injuries which his Grace does, and tries to do me, I elect almighty God, who knows the whole truth and the hearts of men, as judge, and pray that He, out of the infinite pity and benignity of His heart, may aid and favor him who most truly and with least injury has tried and is trying to obtain peace from the opposite side, without Christian blood being shed, to His great displeasure and that of the kings our lords. Therefore I exculpate his Majesty, and myself in his royal name, as well as all those in his royal service at this camp, so that neither now nor at any subsequent time may blame or responsibility be charged upon or imputed to them." He signed the above with his name, and said that he gave it, and he did give it, as his answer. There were present, as witnesses, Captain Juan Maldonado de Berrocál; the ensign-general, Amador de Arriaran; the accountant, Andres Cauchela; the chief constable, Graviel de Ribera; and the notary-in-chief, Fernando Riquel--all of whom, together with me, the said Pero Bernaldez, signed the same. Miguel Lopez de Legazpi, Juan Maldonado de Berrocal, Andres Cauchela, Amador de Arriaran, Graviel de Ribera, Fernando Riquel.

_Pero Bernaldez_

_Sixth summons_: In response to this fifth answer from the very illustrious Miguel Lopez de Leguazpi, general of the fleet and people of Nova Spanha. I admit briefly that in my first letter to him, I requested him to discontinue the defenses, and in the second, to destroy them--which his Grace refused to do, although it was a thing so just and so important to the lords of the land, as well as to my own advantage, for him not to employ hostilities against me, or give me occasion to accept the same; for it was but a slight cost or humiliation for a man who has so great a desire for peace as his Grace constantly says he has, to destroy the defenses, in which more hostility than friendship is displayed. I, on the other hand, had more than sufficient reason and justification for sending the galleys to take possession of the other entrance to this harbor, inasmuch as our respective courses of action were very unlike during the peace, as has been stated in other responses. Moreover, his Grace will not, in spite of all, deny that the galleys had not yet left this position when his people began to bombard me; and that those vessels had taken a very different route from that of going to cut off supplies. And as for his Grace's excusing himself and the rest of the company from engaging in the service of God, of his Majesty, and of the king our lord, as I have requested, more cogent reasons exist than that his presence is not very important in a case of so great urgency. Concerning his reiterated plea that he cannot violate his royal Majesty Don Felipe's instructions, I declare to him that since he entered here in violation of the same, and against the will of the king our lord, the latter will be well served by his Grace's going still farther, in his willingness to employ himself in his Majesty's service. And in all the rest, I take my stand upon what has already been said, and protest by what has already been protested. I order you, Pero Bernaldez, notary-public of this fleet, to notify him thereof, and deliver into my hands such instrument or instruments as shall be necessary to me, drawn up in legal form. Made in this galley "San Francisco" on the first day of November in the year one thousand five hundred and sixty-eight. An erasure was made by me therein which shall not cause doubt, since it was made without intention to deceive.

_Goncallo Pereira_

(In the island and port of Cubu in the Filipinas, on the thirty-first day of the month of October, in the year one thousand five hundred and sixty-eight, before the very illustrious Miguel Lopez de Legazpi, governor and captain-general for his Majesty of the people and fleet for the discovery of the islands of the West, and in the presence of me, Fernando Riquel, notary-in-chief and official notary, appeared Pero Bernaldez, notary-public, who declared that he belonged to the fleet of the very illustrious Goncalo Pereira, captain-general, and read this response above-written. The said governor after hearing the same, said that, "as his Grace the said captain-general says, he had written in the first letter that the work on the wicker fortifications should cease; and that, with the intention of pleasing and satisfying him in all respects, he, the said governor, had ordered the work thereon to cease; and it would not have continued, had not his Grace ordered them to be bombarded with many pieces from four galleys and small boats--whereupon the soldiers seeing that they were being fired upon completed their defenses at the great risk of their own lives and persons. And on the following day, when the galleys and small boats went off to seize and blockade the other entrance to this harbor, the purpose of their expedition was shown clearly, and afterward put beyond the shadow of a doubt, by their own acts. And it is unjust that his Grace should prohibit the conveyance of provisions to this camp, for those therein are Christians, and vassals of his Majesty, King Don Felipe, our lord. This act, beside being disobedience to God our lord, will greatly displease the princes, our sovereigns. And so I beg and request of him, and, on behalf of God and of his Majesty, I summon him, to allow the unrestricted entrance to and passage from this camp of provisions, as should be done and permitted between Christians, and between vassals of princes so intimate and so closely related. By the copy of the clauses of his instructions sent to the captain-general, his [Legazpi's] entrance into these islands, is shown to have been by the orders of his Majesty and not against his royal will; and he declares that, in order to depart from the islands, the shortest way open to him is that which he has requested in his past replies. It is also evident that his Grace could very easily provide for this, especially now that additional ships have come to him aside from those of his fleet. In doing this he will greatly please God our lord and the kings our sovereigns, and extricate this whole camp, as well as his own fleet and person, from a bad predicament. The said captain-general must understand that he will therein particularly serve his own sovereign, for he will prevent the necessity of other soldiers and fleets being sent here to attack us. Wherefore again, I request, summon, and protest to him all that has been requested, summoned, and protested in the past response, and the answer thereto." And this he said he gave as his response, and he signed it with his name, in the presence, as witnesses, of Captain Andres de Ybarra, Captain Juan de Salzedo, Captain Juan Maldonado de Berrocál, and the accountant Andres Cauchela, who signed the same with me. Miguel Lopez de Legazpi, Andrés Cauchela, Andres de Ybarra, Juan de Salzedo, Juan Maldonado de Berrocal, Pero Bernaldez.

Before me, _Fernando Riquel_)

_Last summons_: I conclude with this my last response, weary of so many papers containing so many irrelevancies on a thing so clear and evident; for though I admit the possibility of his Grace's having ordered the work to cease, as he affirms in his rejoinder, yet I declare it to be of no avail to give an order if the order be not carried out, or not obeyed. The work, on the contrary, was continued with greater haste and care for four hours after the time-limit which I had written to his Grace, saying that if the work were not destroyed I should consider myself as answered. I stated that oared boats would then be sent to frighten them, and prevent the execution of a work so unjust and of so ill a purpose, in addition to the many acts of injustice which have already been committed here in this land of the king our lord, greatly to his displeasure--and, as I believe, that of his Majesty, which is the same thing. On my complaining several times to his Grace, during the continuance of peace, and when I had so great a desire of serving him--as even now I feel no hesitation in doing--in regard to his erection within the aforesaid camp of many breastworks and fortifications, he replied, by letter, that it was the custom of camps and soldiers always to be thus throwing up fortifications. Nevertheless, he was erecting those defenses, not in his Majesty's demarcation, but thirty leagues within that of his Highness, and against one of his captains--one, too, who is so peaceably inclined as I have always been, until the moment when war was waged against me, and a considerable time after that, for which reason I am surprised at his acts. I then ordered the galleys to the other entrance of this harbor--the justest and most Christian means of acting, for it was my intention not to starve him to death, but to oblige him to cease from this injury to his Highness, and accept shelter in this fleet and make up for past privation. For what Friar Quapucho [i.e., fustian-clad] is so humble, so long-suffering, and so charitable to any one as I have been to a person who has not deserved it from his king and lord? The more ships that come to me to join this fleet, the better service will his Grace and company be able to enjoy therein, and they will experience much friendship and satisfaction therein--thus performing great service to God and to the kings, to whom we are all so closely bound, and for whom we ought to endure and surfer hardships with exceeding joy. And this the more, because his Grace neither possesses nor gives any just reason for being excused from so virtuous a work (in which he will always take personal part in company with me who follow and accompany him), or for being unwilling to concede what I have requested so many times, and now request again, much more earnestly, on behalf of God, of his Majesty, and of the king our lord. All that has happened or which may subsequently happen, therefore, I declare shall fall to his own responsibility; and I protest, by the protestations already made, and by all which may redound to the justice and right of the king our lord, and of the subsequent heirs of the kingdoms of Portugal. And you, Pero Bernaldez, notary-public of this fleet, are directed to make the same known to him, and give and deliver to me such instrument or instruments as shall be required by me. In this galley "San Francisco," on the second day of the month of November, in the year one thousand five hundred and sixty-eight.

_Goncallo Pereira_

(In the island and port of Cubu, on the first day of the month of November, in the year one thousand five hundred and sixty-eight, in the presence of me, Christoval Ponze, scrivener of this camp of his Majesty, there appeared Pero Bernaldez, notary-public, who claimed to be of the royal fleet of Portugal, and read this answer from the very illustrious Goncalo Pereira, captain-general of the said fleet, to the very illustrious Miguel Lopez de Legazpi, governor and captain-general for his Majesty of the royal fleet for the discovery of the islands of the West, in his own person, in such wise as to be heard by him. He declared that he had already answered and replied to the said captain-general, on many distinct occasions, concerning the fact that his intention and will had not been nor is to injure the exalted and puissant king of Portugal, or anything belonging to him in any way; or to seize upon or take from him, or occupy this or any other land belonging to him. "I desire, as I have desired always, to depart from this land; and if up to the present moment this design has not found realization and I have not departed, it has been through lack of equipment and of ships, and not through any expectation of reënforcements of men and a fleet, as, on the contrary, he affirms." Wherefore he begged the said captain-general to sell him ships, in order that he might immediately depart; or else to suggest to him some other way by which he could leave, since he neither wishes nor desires any other consummation. As for the fortifications and defenses which his Grace mentions, they are for the purpose of defense against any one trying to do him violence or injury unjustly and unreasonably, until such time as he may be enabled to depart and leave this land free, as he has declared and promised he would do. Neither on his own part nor on that of anyone belonging to his camp has he desired to make war upon his Grace or on the members of his royal fleet; but rather to serve them in all possible ways, as he has offered in past summons and responses, to which he begs to refer, and on all of which he takes his stand anew. On the other hand, it is quite clear and evident that the captain-general is trying to do him violence and injury in wishing to carry him to India with him without consenting to any other means whatsoever; and in having begun and initiated war against him and blockaded him, by ordering the entrances and outward passages of this harbor blockaded, on account of which he is bound to make defense. And since the said captain-general wishes it so, and continues doing so great injury to God our lord, and to our sovereigns, by the war, and sheds Christian blood, unreasonably and without justification, all the blame and responsibility, and all the damages, losses and deaths resulting therefrom, shall be upon his shoulders. He protests again by all protested and demanded by him in his past replies, and by all which most devolves upon him in this case to protest, demand, and summon, as many times as is proper and to which he is by law obliged; and he thus challenges him as testimony, in the presence, as witnesses, of Captain Diego de Artieda and Captain Andres de Ybarra; the factor, Andres de Mirandaola; the treasurer, Guido de Levazaris; and the ensign-in-chief, Amador de Arriaran, all of whom signed here their names. Miguel Lopez de Legaspi, Diego de Artieda, Andres de Ybarra, Guido de Lavezaris, Andres de Mirandaola, Amador de Arriaran, Pero Bernaldez.

Before me, _Christoval Ponze_, notary)

(All the above papers, writings, replies, responses, and other documents above set forth, I, the said Fernando Riquel, took _manu propria_, as best I could, from the originals, writing them down _de verbo ad verbum_ and letter for letter, at the request of the said governor Miguel _Lopez_ de Lagazpi, who signed the same here with his name. And they are accurate and true, witnesses of the correction and comparison with the originals thereof being Miguel Lopez, Francisco de Cocar, and Juan de Gamboa y Lezcano, soldiers in this camp--in testimony whereof I have made my usual signature and rubric. Given at Cubu, the second day of the month of June in the year one thousand five hundred and sixty-nine.

In testimony of the truth, _Fernando Riquel_)

(This copy was written on twenty-three sheets of paper, including the present, and bears the corrections, erasures, and interlineations following: [These follow, in the original document.] And note should be taken that the contract was corruptly and badly written for so it was in the original.)

(In the City of Mexico, on the twenty-third day of the month of December in the year one thousand five hundred and sixty-nine, the presidents and auditors of the royal _Audiencia_ of Nueva Spaña said that, inasmuch as in a docket of letters and despatches from Miguel Lopez de Legaspi, governor and captain in the islands of the West, which came addressed to this royal _Audiencia_, this relation was found therein of negotiations between the said governor and Goncalo Pereira, a Portuguese, captain of the most serene King of Portugal, regarding the summons repeatedly served, to the effect that the said Miguel Lopez should depart from the islands, region, and spot, where he was situated as is declared in the said relation, it is fitting that this docket be sent to his Majesty in his royal Council of the Indies. In order that entire faith may be given thereto, a judicial inquiry shall be received confirming the signature as that of the said Miguel Lopez de Legaspi, and of the handwriting and signature of Hernando Riquel, his notary. Having been received as signed from the secretary of this royal _Audiencia_ it shall be sent to his Majesty. And accordingly they ordered it, by decree, to be set down in writing.

_Sancho Lopez de Agurto_)

(_Attestation_: And then upon the said day, month, and year above specified for the said inquiry, there was received an oath in the name of God and the blessed Mary, and upon the sign of the cross +, in the form prescribed by law, from Sancho Lopez de Agurto, secretary of the royal _Audiencia_ of this Nueva Spaña, and he took the same in the presence of me, Juan Augustin de Contreras, notary of his Majesty and receiver of this royal _Audiencia_, under which he promised to tell the truth in this affair. On being interrogated by the aforesaid, and after having seen the writing contained in this other part, and the signatures thereof, where occur the names of Miguel Lopez and Fernando Riquel, he said that this witness knew the said Miguel Lopez and Fernando Riquel, whom many times he had seen write and sign their names; and that he knows that the said Miguel Lopez de Legaspi went as governor and general to the islands of the West, and took as his official notary the said Fernando Riquel, on the authority of the viceroy Don Luis de Velasco; and that the said signatures at the end of the said narration and writing, to wit, "Miguel Lopez" and "Fernando Riquel," together with the handwriting of the said narration are, of a truth so far as this witness knows, those of the parties aforesaid; and he says this without the slightest doubt, for, as already said, he has seen them write and sign their names, and he has written papers and signatures of theirs in his possession similar to those of the said narration, without the slightest variation. The said Hernando Riquel was held and considered as an upright man, and a lawyer of much veracity; and as such this witness held and still holds him. And he declares on the oath taken by him that his entire deposition is true, and he has affixed his signature to the same.

_Sancho Lopez de Agurto_

Before me, _Johan Augustin_, notary of his Majesty.)

[The sworn depositions of Juan Augustin de Contreras and of Alonso de Segura, made before Sancho Lopez de Agurto, follow. They are substantially the same as the above. The document continues:]

(I, the said Sancho Lopez de Agurto, notary of the chamber of the said royal _Audiencia_ of Nueva España, who was present at the said inquiry made therein, affixed my seal in testimony of the truth. [119]

_Sancho Lopez de Agurto_)

Bibliographical Data

_Expedition of Garcia de Loaisa_

_Résumé of contemporaneous documents_.--These documents, dated from 1522 to 1537, are briefly synopsized from Navarrete's _Col. de viages_, v, pp. 193-439. This editor obtained the material for his series from the archives of Sevilla, Madrid, and Simancas.

_Voyage of Alvaro de Saavedra_

_Résumé of contemporaneous documents_.--These documents are dated in 1527-28, and are published by Navarrete, _ut supra_, pp. 440-486.

_Expedition of Ruy Lopez de Villalobos_

_Résumé of contemporaneous documents_.--These documents, also synopsized, for the period 1541-48, are obtained from _Doc. inéd._, as follows: _Ultramar_, ii, part i, pp. 1-94; _Amér. y Oceania_, v, pp. 117-209, and xiv, pp. 151-165.

_Expedition of Miguel Lopez de Legazpi_

_Résumé of contemporaneous documents_.--These documents, covering the period 1559-69, are also synopsized from _Doc. inéd. Ultramar_, ii, pp. 94-475, and iii, pp. v-225, 244-370, 427-463.

_Warrant for establishment of Augustinian Mission_ (1564).--The original of this document was found among the archives of the Augustinian convent at Culhuacan, Mexico. The only publication of this _Patente_ of which we are aware is that (in Latin) from which our translation is made, in a work by Elviro J. Perez, O.S.A.,--_Catalogo bio-bibliografico de los religiosos agustinos_ (Manila, 1901), pp. xi-xiv. At present, we are unable to give further information concerning the document.

_Possession of Cibabao_ (Feb. 15, 1565).--The original MS. (from a copy of which our translation is made) is conserved in the Archivo de Indias at Sevilla; pressmark, "Simancas--Filipinas; descubrimientos, descripciones y poblaciones de las Islas Filipinas, años 1537 á 1565; est. 1, caj. 1, leg. 1, 23." It has been published in _Doc. ined. Ultramar_, i i, pp. 351-355.

_Proclamation regarding gold found in burial places_ (May 16, 1565).--The data for the preceding document apply to this one also--save that to pressmark should be added "ramo 25;" and that the pagination for this one in _Doc. ined._ is 355-357.

_Letter to Felipe II_ (May 27, 1565).--The original MS. is also in Sevilla; pressmark, "Simancas--Filipinas; descubrimientos, descripciones y gobierno de Filipinas; est. 1, caj. 1, leg. 1, 23." It was published, _ut supra_, pp. 357-359. There are two copies in the Archivo, one of which is incorrectly endorsed "1569." In such cases it should be remembered that despatches and other official documents were often sent in duplicate--sometimes in triplicate, or even quadruplicate,--and by different vessels, to ensure that at least one copy should reach its destination.

_Letters to Felipe II_ (May 29, June 1, 1565).--The original MSS. (from copies of which our translations are made) are also in the Archivo de Indias; pressmark. "Patronato, Audiencia de Filipinas--Cartas de los gobernadores." More definite designation is not possible, as these MSS. were not in their regular place in the above _patronato_ at the time when our transcripts were made. With the letter of June 1 we present a photographic reproduction of the signatures. Both of these documents were published in _Doc. inéd. Amér. y Oceania_, xiii, pp. 527-531.

_Letter to the Audiencia of Mexico_ (May 28, 1565).--The original MS. is in the Archivo de Indias; pressmark, "Simancas--Filipinas; descub. descrip. y pob. Filipinas, años 1537 á 1565; est. 1, caj. i, leg. 1, 24, no. 24." This letter was accompanied by a memorandum of supplies needed for the military post established in the Philippines by Legazpi; and with the above-named MS. is a list of this sort--which, however, must have been placed in this _legajo_ by some error, as it mentions some articles that had been sent in the year 1570. But in another patronato--which has the same title as the above, but for the years 1566-68--in "est. 1, caj. 1, leg. 2, 24," is a list of similar character, with the title, _Memoria de los rescates y municiones que se pidieron á Nueva España, para enviar al campo de S.M. que reside en el puerto de Cubu_. This document is undated; but internal evidence makes it probable that it is the list which was sent with this letter to the Audiencia, with which we have accordingly placed it, transferring the other list to a later date, 1571.

_Legazpi's Relation_ (1565).--The original MS. is in the Museo-Biblioteca de Ultramar, Madrid; pressmark, "170-20-3_a_, caja n_o_. 22." It has not, so far as is known, ever been published. Nothing indicates positively the name of the person to whom it was written; but we may reasonably conjecture, from the style of address, that it was probably sent to the president of the Audiencia of Mexico. As Legazpi's own account of his voyage and achievements, this document possesses special interest and value.

_Copia de vna carta venida de Seuilla a Miguel Saluador de Valencia_ (1566).--This little pamphlet (Barcelona, Pau Cortey, 1566) is generally regarded as the first printed account of Legazpi's expedition. But one copy is known to exist--the one which was in Retana's collection, now the property of the Compañia General de Tabacos de Filipinas, Barcelona. For this reason, we present this document in both the Spanish text and English translation--the former being printed from an exact transcription made from the original document at Barcelona. The original is in two sheets (four pages) of quarto size, printed in type about the size of that used in this series; it is bound in red boards, and is in good condition.

_Letters to Felipe II_ (July 12, 15, 23, 1567, and June 26, 1568).--The original MSS. of these four letters (from copies of which our translations are made) are in the Archivo de Indias at Sevilla; pressmark, "Simancas--Secular, Audiencia de Filipinas; Cartas y expedientes de gobernador de Filipinas vistos en el consejo. Años de 1567 á 1599; est. 67, caj. 6, leg. 6."

_Negotiations between Legazpi and Pereira_ (1568-69).--The originals of these documents are in the Archivo de Indias at Sevilla; pressmark, "Est. 1. caj. 1, leg. 2, 24, n_os_. 5, 6, 7, 8, 9." A MS. copied or compiled from these originals for use in the South American boundary negotiations at Paris in 1776, is in the Archivo general at Simancas; pressmark, "Leg. 7412, fol. 87 y 88;" from a copy of this MS. our translation is made.

NOTES

[1] This document is printed in both the original language and English translation.

[2] Navarrete says in a note that this must have been made about the time the Junta of Badajoz closed, in 1524.

[3] The hospital (and, later, military) order of St John of Jerusalem, was first established in that city in 1023, and received papal recognition in 1113. Its knights served with distinction in the crusades. From 1291 to 1523 the order had its seat in the island of Rhodes; but in 1530 that of Malte was ceded to it by the emperor Charles V. After the capture of Malta by the French, the order became small and insignificant. This order was known in the course of its history by various names, among them being the Order of Rhodes (Rodas).

Garcia Jofre de Loaisa, the commander of this expedition, was a native of Ciudad Real. He must not be confounded with the noted archbishop of Seville, of the same name, whose kinsman he was. The commander died at sea in July, 1526.

[4] This was a priest who accompanied the expedition. After passing the Strait of Magellan, the ship "Santiago," in which Areizaga sailed, was compelled by lack of supplies to direct its course toward the Spanish settlements on the west coast. This priest returned thence to Spain, where the historian Oviedo saw him; the latter compiles from Areizaga's narrative a long account of his adventures, and of Loaisa's voyage as far as the strait (see Oviedo's _Hist. de Indias_, lib. xx, cap. v-xiii).

[5] Hernan Cortés, the conqueror of Mexico, was born in 1485, at Badajoz, Spain. When a mere boy, he resolved upon a military career, and in 1504 went to the West Indies, where he took part in various expeditions, and held some official posts of importance. During 1519-27, Cortes effected the conquest of Mexico and subjugation of its people. Returning to Spain in triumph (1528), he received from the emperor titles and lands, and was made captain-general of New Spain, an office which he held from 1530 to 1541. He sent Saavedra to search for Loaisa (1527); and in 1533 and, 1539 sent out expeditions of discovery--the latter, under Ulloa, ascending the western coast of America to thirty-two degrees north latitude. Cortes died at Seville, December 2, 1547.

[6] Andrés de Urdaneta was born in 1498, at Villafranca de Guipuzcoa. He received a liberal education, but, his parents dying, he chose a military career; and he won distinction in the wars of Germany and Italy, attaining the rank of captain. Returning to Spain, he devoted himself to the study of mathematics and astronomy, and became proficient in navigation. Joining Loaisa's expedition, he remained in the Moluccas, contending with the Portuguese there, until 1535, when he went back to Spain. Going thence to Mexico (about 1540), he was offered command of the expedition then fitting out for the Moluccas, "but on terms which he could not accept." Villalobos was given command of the fleet in his stead, and Urdaneta later (1552) became a friar, entering the Augustinian order, in which he made his profession on March 20, 1553, in the City of Mexico. There he remained until the fleet of Legazpi departed (November 21, 1564) from La Navidad, Mexico, for the Philippine Islands; Urdaneta accompanied this expedition, with four other friars of his order. He was appointed prelate of those new lands, with the title of "protector of the Indians;" he also acted as pilot of the fleet. In the following year he was despatched to Spain, to give an account to the government of what Legazpi had accomplished. This mission fulfilled, he desired to return to the Philippines, but was dissuaded from this step by his friends; he came back to Mexico, where he died (June 3, 1568), aged seventy years. Urdaneta was endowed with a keen intellect, and held to his opinions and convictions with great tenacity. To his abilities and sagacity are ascribed much of Legazpi's success in the conquest of the Philippines. For sketches of his life, see Retana's edition of Martínez de Zúñiga's _Estadismo de las Islas Filipinas_ (Madrid, 1893), ii, appendix, pp. 621, 622; and _Dic.-Encic. Hisp.-Amér._

[7] The "zebra" was the guanaco or South American camel (_Auchenia_). The feathers were those of the South American ostrich (_Rhea rhea_), also called "nandu" and "avestruz" by the natives, or possibly of the smaller species _R. darwinii_; both are found as far south as the Strait of Magellan.

[8] It was the custom of many of the writers of these early documents to give in dates only the last two or three figures of the year.

[9] His name was Alvaro de Loaisa.